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Use Permit-Tower Records-2003 CITY OF CAMPBELL Community Development Department CAMPBELL May 28, 2003 Rick Walker MTS Incorporated 2500 Del Monte Street West Sacramento, CA 95691 Re: PLN2003-56- 1900 S. Bascom Avenue - Use Permit - Tower Records Dear Applicant: Please be advised that at its meeting of June 10, 2003, the Planning Commission adopted Resolution No. 3500 approving a Conditional Use Permit to allow late night operations for an existing music store on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 20, 2003. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, StePhanie Willsey Planner I Cc: Lynn Penoyer, Public Works Frank Mills, Building Chris Veargason, County Fire 70 North First Street . Campbell, California 95OO8-1436 . TEL 408.866.2140 · FAX 408.871 .5140 · TDD 408.866.2790 RESOLUTION NO. 3500 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2003-56) TO ALLOW LATE NIGHT OPERATIONS FOR AN EXISTING MUSIC STORE (TOWER RECORDS) ON PROPERTY OWNED BY MR. NORMAN K. HUSTEN LOCATED AT 1900 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO. PLN2003-56. After notification and public heating, as specified by law, and after presentation Community Development Director, proponents and opponents, the heating was closed. by the After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-56: 1. The proposed late night operations is consistent with the General Plan land use designation of General Commercial and the C-2-S (General Commercial) Zoning District. 2. The project site consists of a 41,675 square foot lot, developed with 10,819 square feet of building area, 3,590 square feet of landscaping, and 27,266 square feet of paving. 3. The existing 58 parking spaces will adequately address the parking needs of the subject site and proposed use. The project site is located on the southeast comer South Bascom Avenue and McBain Avenue and is surrounded by commercial uses on the north, south and west sides and single- family residences to the east. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The Police Department has not expressed a concern with the proposed project. 7. Business hours shall be restricted to 6 a.m. to midnight, daily. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. Planning Commission Reso~ .... on No. 3500 PLN2003-56 -- 1900 S. Bascom Avenue- Use Permit - Tower Records - Late Hours Page 2 o o o The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed use is compatible with the uses in the area. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The proposed project will aid in the enhancement and the harmonious development of the immediate area. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store (Tower Records) on property owned by Mr. Norman K. Husted located at 1900 S. Bascom Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store on property located at 1900 S. Bascom Planning Commission Reso, .on No. 3500 PLN2003-56 -- 1900 S. Bascom Avenue- Use Permit - Tower Records - Late Hours Page 3 o o o ° o Avenue. The project shall substantially conform to the plans received by the Planning Division on May 29, 2003, except as may be modified by the conditions of approval contained herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on private property and the public property frontage at all times. Property damaged as a result of such graffiti, posters or stickers shall be repaired immediately after removal. Upon notification by the City of non-compliance with this condition of approval, the owner/operator shall bring the property into compliance within 48 hours. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. Noise: Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. bo Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. Operational Hours: The operational hours shall be limited to 6 a.m. to midnight, daily. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Parking Stall Re-Striping: Within 60 days of final approval, the applicant shall re-stripe the parking lot in accordance with the approved site plan. All compact parking spaces shall be painted to identify them as compact spaces. Planning Commission Reso~ .... on No. 3500 PLN2003-56 -- 1900 S. Bascom Avenue- Use Permit - Tower Records - Late Hours Page 4 10. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 12. Sidewalk Maintenance: The public sidewalk surrounding the subject property and all on-site sidewalks shall be pressure washed within 60 days of final approval to remove all spills, gum and food. The owner/operator of the property shall provide on-going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works. 13. On-Site Queuing: Any queuing over 10 people will be accommodated within the building and not outside the building. In the event that the City receives complaints regarding queues, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. PASSED AND ADOPTED this 10th day of June, 2003, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, and Rocha NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Gibbons, Hernandez, Jones APPROVED: Joseph Hemandez, Chair ATTEST: Sharon Fierro, Secretary MEMORANDUM City of Campbell -- Community Development Department 70 N. First Street~ Campbell~ CA 95008 To: Planning Commission From: Stephanie Willsey, Planner Date: June 10, 2003 Subject: 1900 S. Bascom Avenue - PLN2003-56 - Conditional Use Permit Staff has provided revised conditions of approval for the proposed Conditional Use Permit. Condition of Approval #4 has been revised and a new Condition of Approval #12 has been added. The revised and additional condition of approval are shown in bold text. Photograph #1 and #2 is of the parking lot and illustrates the stickers and graffiti that relate to Condition of Approval #4. Photographs #3 and #4 are of the sidewalks in front of the store and relate to Condition of Approval #12. Attachments: Attachment #2 Photographs of the Subject Site Attachment//2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2003-56 SITE ADDRESS: APPLICANT: P.C. MEETING: 1900 S. Bascom Avenue Rick Walker on behalf of MTS Incorporated June 10, 2003 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store on property located at 1900 S. Bascom Avenue. The project shall substantially conform to the plans received by the Planning Division on May 29, 2003, except as may be modified by the conditions of approval contained herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on private property and the public property frontage at all times. Property damaged as a result of such graffiti, posters or stickers shall be repaired immediately after removal. Upon notification by the City of non-compliance with this condition of approval, the owner/operator shall bring the property into compliance within 48 hours. o Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. Attachment #2 Page 2 of 2 6. Noise: ao Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. bo Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 7. Operational Hours: The operational hours shall be limited to 6 a.m. to midnight, daily. 8. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Parking Stall Re-Striping: Within 60 days of final approval, the applicant shall re-stripe the parking lot in accordance with the approved site plan. All compact parking spaces shall be painted to identify them as compact spaces. 10. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 12. Sidewalk Maintenance: The public sidewalk surrounding the subject property and all on-site sidewalks shall be pressure washed within 60 days of final approval to remove all spills, gum and food. The owner/operator of the property shall provide on-going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works. r ~ ITEM NO. 2 STAFF REPORT - PLANNING COMMISSION MEETING OF JUNE 10, 2003 PLN2003-56 Walker, R. Public Hearing to consider the application of Mr. Rick Walker, on behalf of MTS Incorporated, for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store (Tower Records) on property owned by Mr. Norman K. Husted located at 1900 S. Bascom Avenue in the C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store (Tower Records), subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: 41,675 square feet (0.96 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 10,819 square feet (26%) 3,590 square feet (9%) 27,266 square feet (65%) Floor Area Ratio: 0.26 Parking: 58 spaces (51 standard, 4 compact, 3 handicapped) Operational Hours: 9:00 a.m. - midnight, daily Surrounding Uses: North: Commercial South: Commercial East: Single-Family Residential West: Commercial DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow late night operations for an existing music store (Tower Records) located at 1900 S. Bascom Avenue. Staff Report - Planning Commission Meeting of June 10, 2003 PLN2003-56 -- 1900 S. Bascom Avenue Page 2 Background: On April 3, 2001 the City Council adopted Ordinance No. 2002, which is intended to eliminate non-permitted late night uses. The ordinance requires businesses in the City's commercial zoning districts to obtain a Conditional Use Permit to operate between 11:00 p.m. and 6:00 a.m. Even businesses that were previously "grand fathered" are required to comply with the standard hours of operation or obtain a Conditional Use Permit from the Planning Commission for late night operations. The subject property is currently developed with a single-story commercial building constructed in 1975 under a Site and Architectural Review Permit (S 75-1). The building has been used as a Tower Records record store since its construction. Tower Records has been operating from 9:00 a.m. to midnight and is now requesting approval of late night operations, pursuant to the requirements of Ordinance No. 2002. Project Location: The project site is located on the southeast comer South Bascom Avenue and McBain Avenue and is surrounded by commercial uses on the north, south and west sides and single-family residences to the east. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The proposed late night operational hours in conjunction with the existing retail store is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial). The C-2-S Zoning District allows late night uses occurring between 11:00 p.m. and 6:00 a.m. with approval of a Conditional Use Permit. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Late Night Operations: The applicant is requesting approval to extend the hours of operation of the existing record store until midnight, 365 days per year. The existing business currently operates until midnight and has indicated in the attached business description (Attachment #3) that during the month of April 2003, of the average 1,200 customers per day, 56 customers were between the hours of 11:00 p.m. and midnight. In June 2001 the City received a complaint that Tower Records was not maintaining their property and there was a problem of graffiti, illegal signage and trash in the parking lot. The problems were resolved by the business and staff has not received any complaints since that time. Staff finds the requested extended hours of operation until midnight is appropriate to a retail use. Furthermore, due to the location of the business along a Class I Arterial street and the nature of the use, staff does not anticipate that the business will create a nuisance relative to noise and traffic. A condition of approval has been added that allows for review of the Conditional Use Permit by the Planning Commission if verified complaints are received by the City. If staff is unable to immediately resolve the matter with the business owner/operator, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. Staff Report - Planning Commission Meeting of June 10, 2003 PLN2003-56 -- 1900 S. Bascom Avenue Page 3 Parking: Pursuant to the Campbell Parking and Loading Ordinance, one parking space is required for each 200 square feet of gross floor area for a retail use. The existing building is 10,819 square feet and yields a parking requirement of 54 parking spaces. The current parking configuration provides 58 parking spaces (51 standard, 4 compact, 3 handicapped), which exceeds the minimum required parking spaces. Exterior Modifications: No exterior modifications to the building or project site are proposed in conjunction with the late night operations request. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections to the late night operations request at this location. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no changes proposed to the exterior of the building or site configuration. Attachments: 1. Findings for Approval of File No. PLN2003-56 2. Conditions of Approval for File No. PLN2003-56 3. Letter of Description 4. Exhibits 5. Location Map Prepared by: Approved by: Stephanie Willsey, Planner Ged~f I. BriJey, Senior Planner Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2003-56 SITE ADDRESS: 1900 S. Bascom Avenue APPLICANT: Rick Walker on behalf of MTS Incorporated P.C. MEETING: June 10, 2003 Findings for approval of a Conditional Use Permit to allow late night operations for an existing music store on property located at 1900 S. Bascom Avenue. The Planning Commission finds as follows with regard to file number PLN2003-56: 1. The proposed late night operations is consistent with the General Plan land use designation of General Commercial and the C-2-S (General Commercial) Zoning District. 2. The project site consists of a 41,675 square foot lot, developed with 10,819 square feet of building area, 3,590 square feet of landscaping, and 27,266 square feet of paving. 3. The existing 58 parking spaces will adequately address the parking needs of the subject site and proposed use. 4. The project site is located on the southeast comer South Bascom Avenue and McBain Avenue and is surrounded by commercial uses on the north, south and west sides and single- family residences to the east. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The Police Department has not expressed a concern with the proposed project. 7. Business hours shall be restricted to 6 a.m. to midnight, daily. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The proposed use is compatible with the uses in the area. Attachment #1 Page 2 of 2 The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The proposed project will aid in the enhancement and the harmonious development of the immediate area. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2003-56 SITE ADDRESS: APPLICANT: P.C. MEETING: 1900 S. Bascom Avenue Rick Walker on behalf of MTS Incorporated June 10, 2003 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store on property located at 1900 S. Bascom Avenue. The project shall substantially conform to the plans received by the Planning Division on May 29, 2003, except as may be modified by the conditions of approval contained herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address Attachment//2 Page 2 of 2 system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. bo Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 7. Operational Hours: The operational hours shall be limited to 6 a.m. to midnight, daily. 8. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. o Parking Stall Re-Striping: Within 60 days of final approval, the applicant shall re-stripe the parking lot in accordance with the approved site plan. All compact parking spaces shall be painted to identify them as compact spaces. 10. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. Attachment #3 /~TS, Incorporated dba Tower Records.Video. Books Statement in Support of Use Permit Application City of Campbell Planning Commission Since 1960, Tower Records has been recognized and respected throughout the world for its unique brand of retailing music, other packaged entertainment and related merchandise. Founded in Sacramento CaLifornia, by Chairman Emeritus, Russ Solomon, the Company's growth over four decades has made Tower Records a household name. As of January 31, 2003, Tower Records owned and operated 105 stores worldwide with 63 franchise operations. The company opened one of the first Internet music stores on America Online in June 1995 and followed a year Later with the launch of TowerRecords.com. The site was named among the top 50 retail websites by Internet Retailer magazine. Among Tower Records' first stores outside of the Sacramento area, Tower has Leased the property at 1900 South Bascom Avenue in Campbell since December 1, 1974. Since that time the Tower store has served the community with a commitment to providing its customers a superior and specialized shopping experience. Tower forges ahead with the development of exciting shopping environments, presenting diverse product ranges, artist performance stages, personal electronics departments, and digital centers. Tower Records maintains its commitment to providing the deepest selection of packaged and digital entertainment in the world merchandised in stores that celebrate the unique interests and needs of the local community. The Campbell store has 10,819 square feet of space and is open for business from 9:00 a.m. until midnight 365 days per year. During the month of April 2003 the store averaged approximately 1200 customers each day, including 56 customers between 11:00 p.m. and midnight. The store has a total of 25 employees, 5-7 of whom are working at any given time. Given Tower Records' long history at this location and its minimal impact between the hours of 11:00 p.m. and 6:00 a.m., we request that the PLanning Commission grant our request for a Use Permit. RECEIVED MAY 0 2 2003 CiTY OF CAMPBELL pLANNING DEPT. CITY OF CAMPBELL Community Development Department CAMPBELL May 30, 2003 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, June 10, 2003, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Rick Walker, on behalf of MTS Incorporated, for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store (Tower Records) on property owned by Mr. Norman K. Husted located at 1900 $. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this heating. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Heating described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Heating. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2003-56 Addresses: 1900 S. Bascom Avenue 70 North First Street . Campbell, California 95008-1436 · r~l. 408.866.2140 - FAX 408.871.5 140 · TI)I) 408.866.2790