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UP - CA Consignmnet - 2006May 24,2006 Mr. Michael Perrelli 275 E. Campbell Avenue Campbell, CA 95008 Re: PLN2006-39 - 275 E. Campbell Avenue Use Permit - California Consignment Company Dear Applicant: Please be advised that at its meeting of May 23, 2006, the Planning Commission adopted Resolution No. 3719 granting a Conditional Use Permit (PLN2006-39) to allow the establishment of a furniture consignment store within an existing commercial building 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 2, 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Tim J. Haley Associate Planner cc: Nicholas Gera/Charles Gagliasso (Property Owners) 100 S. Murphy Avenue, Suite 102 Sunnyvale, CA 94086 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 RESOLUTION NO. 3719 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-39) TO ALLOW THE ESTABLISHMENT OF A FURNITURE CONSIGNMENT STORE WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. NICK GERA LOCATED AT 275 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. MICHAEL PERRELLI, ON BEHALF OF CALIFORNIA CONSIGNMENT COMPANY. FILE NO: PLN2006-39. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2006-39: 1. The proposed furniture consignment use is consistent with the Central Commercial General Plan land use designation. 2. The proposed business operation will be a permitted use within the C-3-S (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 5,880 square foot retail store on a .13 acre site that was originally constructed in approximately 1913. 4. The project site is located on the north side of East Campbell Avenue at the northeast corner of N. First Street and East Campbell Avenue. The property is surrounded by parking uses to the north, a coffee shop and office uses to the west, furniture and decorating store to the east and a private club to the south. 5. The proposed project is consistent with other commercial developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed use. 7. The hours of operation shall be restricted to: Hours 6:00 a.m. to 11 :00 p.m. 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. Planning Commission Resolution No. 3719 PLN2006-39-275 E. Campbell Avenue-Use Permit-California Consignment Company Page 2 2. The proposed use is allowed within the applicable zoning district with a Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the proposed use required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The establishment will not result in an over concentration of such uses in the area. 8. The establishment the consignment store use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. 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. 10. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-42) to allow the establishment of a furniture consignment store within an existing commercial building on property owned by Mr. Nick Gera located at 275 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. 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 Planning Commission Resolution No. 3719 PLN2006-39-275 E. Campbell Avenue-Use Permit-California Consignment Company Page 3 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. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-39) to allow a consignment furniture store located at 275 E. Campbell Avenue. The project shall substantially conform to the plans received by the Planning Division on May 11, 2006, and project description (Attachment "A") received on May 11, 2006, except as may be modified by the conditions of approval contained herein. Furniture shall be displayed in vignettes and furniture arrangements shall also be maintained in the display windows to foster a retail appearance along the street. The retail space shall be comprised of 60% new overstocked warehouse items, 30% retired staged items and 10% consignment items provided by independent home owners in the local community. 2. Conditional Use Permit Aooroval Exoiration: 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. 3. 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. 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. 4. Business Ooerational Hours: The hours of operation shall be limited to 6 a.m. to 11 p.m. Outdoor activities (e.g. parking lot cleaning, trash pick-up or sweeping and deliveries) shall also be limited to 6:00 a.m. to 11 :00 p.m. 5. Prooertv 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. 6. Sionaoe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of Planning Commission Resolution No. 3719 PLN2006-39-275 E. Campbell Avenue-Use Permit-California Consignment Company Page 4 the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code and the C-3-S (Central Business District) standards. 7. Loiterina: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 8. Outdoor Storaoe: No outdoor storage is permitted on the subject property. No equipment or materials shall be stored outside the building or within the parking lot. 9. Parkina and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 10. On-Site Liohtino: 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 submitted to the Planning Division for approval, and reviewed and approved by the Community Development Director. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Ebner, Francois and Roseberry None Doorley and Gibbons Rocha APPROVED~J<.'7-. ~ Bob Alderete, Chair ATTEST:~ ~ r Sharon Fierro, Secretary ITEM NO.2 CITY OF CAMPBELL. PLANNING COMMISSION Staff Report · May 23, 2006 PLN2006-39 Perrelli, M Public Hearing to consider the application of Mr. Michael Perrelli, on behalf of California Consignment Company, for a Conditional Use Permit (PLN2006-39) to allow the establishment of a furniture consignment store within an existing commercial building on property owned by Mr. Nick Gera located at 275 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. STAFF RECOMMENDA nON That the Planning Commission takes the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow the establishment of a furniture consignment store on the project site, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINA nON 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: 5,880 square feet Site Utilization: Building Coverage: 5,880 square feet (100%) Floor Area Ratio (FAR): 1.0 Surrounding Uses: North: South: East: West: Parking Lot Private Club Furniture and Interior Design Coffee Shop and Offices DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow the establishment of a furniture consignment store in an existing commercial building on the project site. No alterations to the exterior of the building are proposed as part of the application. Staff Report - Planning COIlunission Meeting of May 23,2006 PLN2006-39 - 275 E. Campbell Avenue Page 2 of3 Communitv Development Director Interpretation: Pursuant to Section 21.02 of the Zoning Code the Community Development Director has determined that a consignment store is similar to secondhand or thrift store as defined in the Zoning Code. This determination was based upon the following findings: a. The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zoning district; b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable specific plan. Consequently, the applicant was advised that they must obtain a Condition Use Permit similar to a secondhand or thrift store in the C-3-S, subject to approval of a Conditional Use Permit. Background: The existing building previously was occupied by an antique and home decorating store and prior to that time a Western apparel business. The building was originally constructed in approximately 1913 and served as the local feed store. The project site is located on the northeast comer of East Campbell Avenue and North First Street. The surrounding uses include the following: North: South: East: West: Parking Lot Private Club (Odd Fellows) Furniture/Decorating Coffee shop (Starbucks) ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial and is shown in the Downtown special projects area. The proposed use was found to be compatible with the general land uses in the Downtown Area and does not represent an over concentration of such uses in this neighborhood. The Downtown Development Plan and the Redevelopment Agency's Implementation Plan cite the goal of maximizing the ground floor commercial space along E. Campbell Avenue for retail and restaurant uses. Allowing this use would further the goals and objectives of the City and the Redevelopment Agency. Zoning Designation: The zoning designation for the project site is C-3-S (Central Commercial). A Conditional Use Permit is required for the establishment of a second hand store within this zoning district. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Staff Report - Planning Cortunission Meeting of May 23,2006 PLN2006-39 - 275 E. Campbell Avenue Page 3 of3 Use: The applicant has provided the attached business description as outlined in (Attachment No. 3). The proposed furniture consignment store would have two to three employees at one time. The retail space will be comprised of 60% new (overstocked warehouse items), 30 % retired staged items and 10 % consignment items that are provided by independent homeowners in the community. A Condition of Approval is recommended to define the business operation and method of display so that it maintains a retail environment complementary to the downtown shopping environment. Trash Facilities: The existing trash and recycling containers are shared with the adjacent home decorating business to the east of the business. Parking: Parking facilities for 12 parking are on a parcel to the north ofthe proposed business on First Street. No changes to the parking area are proposed. Staffhas determined that the change in use from retail to a consignment store will not intensify the site for parking demand and does not require additional parking. Trees/Landscaping: There is no existing landscaping on the site and no changes are proposed. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application in that no changes are proposed to the design of the building. Attachments: 1. Findings for Approval of the Conditional Use Permit (PLN 2006-39) 2. Conditions of Approval for the Conditional Use Permit (PLN 2006-39) 3. Letter from the Applicant - Executive Brief and Retail Outlook 4. Exhibits (Site Plan, Floor Plan, Photographs) 5. Location Map Prepared by: ~ ~ \~ Tim J. Hale , ASSOCIate Planner Approved by: Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2006-39 SITE ADDRESS: APPLICANT: P.C. MEETING: 275 East Campbell Avenue Michael Perrelli, on behalf of California Consignment Company May 23, 2006 Findings for approval of a Conditional Use Permit to allow the establishment of a consignment furniture store within an existing commercial building on propertv located at 275 East Campbell Avenue. The Planning Commission finds as follows with regard to file number PLN2006-39: 1. The proposed furniture consignment use is consistent with the Central Commercial General Plan land use designation. 2. The proposed business operation will be a permitted use within the C-3-S (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 5,880 square foot retail store on a .13 acre site that was originally constructed in approximately 1913. 4. The project site is located on the north side of East Campbell Avenue at the northeast corner ofN. First Street and East Campbell Avenue. The property is surrounded by parking uses to the north, a coffee shop and office uses to the west, furniture and decorating store to the east and a private club to the south. 5. The proposed project is consistent with other commercial developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed use. 7. The hours of operation shall be restricted to: Hours 6:00 a.m. to 11 :00 p.m. daily 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe 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. 2. The proposed use is allowed within the applicable zoning district with a Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the proposed use required in order to integrate the use with uses in the surrounding area. Findings for Approval ofPL'il006-39 Attachment # 1 Page 2 of2 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The establishment will not result in an over concentration of such uses in the area. 8. The establishment the consignment store use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. 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. 10. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts ofthe project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2006-39 SITE ADDRESS: APPLICANT: P.C. MEETING: 275 East Campbell Avenue Michael Perrelli, on behalf of California Consignment Company May 23,2006 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 1. Approved Proiect: Approval is granted for a Conditional Use Permit (pLN2006-39) to allow a consignment furniture store located at 275 E. Campbell Avenue. The project shall substantially conform to the plans received by the Planning Division on May 11, 2006, and project description (Attachment "A") received on May 11,2006, except as may be modified by the conditions of approval contained herein. Furniture shall be displayed in vignettes and furniture arrangements shall also be maintained in the display windows to foster a retail appearance along the street. The retail space shall be comprised of 60% new overstocked warehouse items, 30% retired staged items and 10% consignment items provided by independent home owners in the local community. 2. 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. 3. Revocation of Permit: Operation ofthe 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. 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. 4. Business Operational Hours: The hours of operation shall be limited to 6 a.m. to 11 p.m. Outdoor activities (e.g. parking lot cleaning, trash pick-up or sweeping and deliveries) shall also be limited to 6:00 a.m. to 11 :00 p.m. -, Conditions of Approval for r LN2006-39 Attachment #2 Page 2 of2 5. Propertv 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. 6. Signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code and the C-3-S(Central Business District) standards. 7. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 8. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment or materials shall be stored outside the building or within the parking lot. 9. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 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 submitted to the Planning Division for approval, and reviewed and approved by the Community Development Director. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. ,- Attachment #3 California Consignment Company 275 East Campbell Avenue Campbell, CA 95008 408.871.7158 Executive Brief: California Consignment Company strives to provide the local community with an outlet to purchase high quality home furnishings at a reasonable cost while revitalizing the downtown retail market, thus enhancing sales tax revenues for the city. Our goal is to sell new, retired staged, and high quality consignment home furnishings that will help characterize the downtown market as "A Place to Shop"! It is our desire to be an involved and engaged small business that participates and supports the City of Campbell's local community relations. Our success as becoming a thriving business that truly cares about the economic downtown market will enable us to give back to the community and become a highly visible business that is respected and admired. The 6,000 square foot retail space will be comprised of 60% new (overstocked warehouse items), 30% retired stage items, and 100..10 consignment items that are provided by independent home owners in the local community. The floor plan will not be divided into sections as the success of the store is dependant on showcasing all three product lines items intermittently into vignettes that would help the buyer visualize what the product may actually look like in their home, while also providing decorating ideas and tips to the consumer. Retail Oudook: We are confident that given the local market needs and the lack of this type of retail establishment; California Consignment Company will be successful. We will operate during normal and peak business hours and will aggressively seek high traffic opportunities. This will include weekday evenings during the spring and summer months as well as leveraging the opportunity during the Sunday Farmer's Market and down town festivals and fairs. The potential traffic in the store is unlimited. Again, it is our goal to provide a very high quality retail sale item while maintaining a compelling price point. Employment: This will be an owner operated business with independent contractors. RECE'VED MA'< 1 1 2006 C\1'I Of CJ\MPBEll PlJ\NN\NG OEPT.