Mod to UP - Kohl's - 2006October 26,2006
Jeffrey Adam
Site Development Manager
Kohl's Department Stores, Inc.
N56 W1700 Ridgewood Drive
Menomonee Falls, WI 53051
Re: PLN2006-139 - 525 E. Hamilton Avenue - Modification to Use Permit - Kohl's
Dear Applicant:
Please be advised that at its meeting of October 24, 2006, the Planning Commission
adopted Resolution No. 3764 granting a Modification (PLN2006-139) to a previously
approved Conditional Use Permit (PLN2004-33) to allow Kohl's to open at 5 a.m. one
day each year (day after Thanksgiving) 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, November 3, 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,
Sharon Fierro
Community Development Director
cc: Almarida Place, LLC (Property Owners)
118 West Peckham Street
Neenah, WI 54956
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790
RESOLUTION NO. 3764
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2006-
139) TO A PREVIOUSLY APRPOVED CONDITIONAL USE PERMIT
(PLN2004-33) TO ALLOW KOI-IL'S TO OPEN AT 6 A.M. ONE DAY
EACH YEAR (DAY AFTER THANKSGIVING) ON PROPERTY
OWNED BY ALMARIDA PLACE, LLC, LOCATED AT 525 E.
HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. JEFFREY ADAM, ON
BEHALF OF KOHL'S DEPARTMENT STORES, INC. FILE NO:
PLN2006-139.
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 PLN2006-139:
1. The proposed late night use is consistent with the General Commercial General Plan
land use designation and C-2-S (General Commercial) Zoning District.
2. The project site consists of a 367,127 square foot lot, developed with 171,640
square feet of total building area, 52,843 square feet of landscaping, and 235,214
square feet of paving.
3. The proposed 641 parking spaces will adequately address the parking needs of the
subject site and proposed use, based on the analysis contained in the staff report for
the original approval (PLN2004-07, -18, -19, -25 & -33).
4. Revoking or modifying the late night hours can address any un-anticipated noise
issues.
5. The project site is located on the northeast comer of West Hamilton Avenue and
Almarida Drive and is surrounded by single-family residences to the north, mixed
commercial uses to the south, restaurant and multi-family residences to the west
and Highway 17 to the east.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. The Police Department has not expressed a concern with the proposed project.
8. Business hours shall be restricted to 6 a.m. to 11 p.m. daily, except for 6 a.m. to
midnight for grand opening events in May and October, and the Thanksgiving and
Christmas seasons, no more than 30 days total in anyone calendar year, and no
later than 11 p.m. on any given Sunday. On the Friday following Thanksgiving, the
store would open at 5 a.m.
Planning Commission Resolution No. 3764
PLN2006-139 - 525 E. Hamilton Avenue - Modification to Use Permit - Kohl's
Page 2
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.
4. 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.
5. The subject site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development
of the immediate area.
7. 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.
8. 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
Modification (PLN2006-139) to a previously approved Conditional Use Permit
(PLN2004-33) to allow Kohl's to open at 5 a.m. one day each year (day after
Thanksgiving) on property owned by A1marida Place, LLC, located at 525 E. Hamilton
Avenue in a C-2-S (General Commercial) 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
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.
Planning Commission Resolution No. 3764
PLN2006-139 - 525 E. Hamilton Avenue - Modification to Use Permit - Kohl's
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. ADD roved Permit: Approval is granted for a Modification (PLN2006-139) to a
previously approved Conditional Use Permit (PLN2004-33) to allow one additional
hour of operation for one day each year on the Friday following Thanksgiving to
permit Kohl's to open at 5 a.m. for their holiday sale on property located at 525 E.
Hamilton Avenue.
2. Modification to Conditional Use Permit ADDroval EXDiration: This Modification to 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 Modification to 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 shan be grounds for
consideration of revocation of the Conditional Use Permit by the Planning
Commission.
4. ODerational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. daily
for Building A and B. The late night uses for Building B (Kohl's department store)
shall be limited to 6:00 a.m. to 12:00 a.m. for special occasidns around the
Thanksgiving and Christmas shopping season. Special engagement dates shall not
exceed 30 occasions in any calendar year, at which time the store shall close at
11 :30 p.m. and all uses shall conclude by 12 a.m. On one day each year, the Friday
following Thanksgiving, Kohl's shall be permitted to open for business at 5 a.m.
PASSED AND ADOPTED this 10th day of October, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Alderete, Doorley,
Roseberry
Gibbons
None
None
Ebner, Francois, Rocha and
Commissioners:
Commissioners:
Commissioners:
{. L--
~~o
ATTESI;. I~
Sharon Fierro, Secretary
ITEM NO.2
CITY OF CAMPBELL' PLANNING COMMISSION
Staff Report. October 24, 2006
PLN2006-139
Adam, J.
Public Hearing to consider the application of Mr. Jeffrey Adam,
on behalf of Kohl's Department Stores, Inc., for a Modification
(PLN2006-139) to a previously-approved Conditional Use Permit
(PLN2004-33) to allow one additional operational hour each year
(the Friday after Thanksgiving at 5 a.m.) on property owned by
Almarida Place, LLC, located at 525 E. Hamilton Avenue in a C-
2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission takes the following actions:
1. Adopt a Resolution, incorporating the attached findings, approving a Modification
to a previously-approved Conditional Use Permit (PLN2004-33) to allow one
additional hour of operation each year (the Friday following Thanksgiving at 5 a.m.).
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:
367,127 square feet (8.42 acres)
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
79,070 square feet (22%)
52,843 square feet (14%)
235,214 square feet (64%)
Approved Hours of Operation:
Building A (Kohl's):
Sunday - Saturday 8:00 a.m. to 10:00 p.m.*
*And special occasions that may fall on other days (Le. national holidays). Late night
hours shall be limited to 6:00 a.m. to 12:00 a.m., not to exceed 30 occasions in any
calendar year.
Surroundino Land Uses:
North:
South:
East:
West:
Single-family residential
Commercial
Highway 17
Commercial and Multi-family residential
Staff Report - Planning Lvmmission Meeting of October 24, 2vu6
PLN2006-139 - 525 E. Hamilton Avenue
Modification to Conditional Use Permit - Kohl's
Paoe 2 of 3
DISCUSSION
Aoolicant's Prooosal: The applicant is seeking approval of a Modification to a
previously-approved Conditional Use Permit to allow Kohl's Department Store to open
for business on the Friday following Thanksgiving at 5 a.m. for this traditional holiday
sales day.
ANAL YSIS
General Plan Desianation: The General Plan land use designation for the project site
is General Commercial. The commercial retail project is compatible with this land use
designation.
Zonina Desianation: The zoning designation for the project site is General
Commercial (C-2-S). Commercial retail use is a principally permitted use within the C-
2-S Zoning District. The project meets the minimum setbacks, height restriction, and
landscaping requirements of the C-2-S Zoning District.
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. A Conditional Use Permit was
approved for Kohl's in 2004 (PLN2004-33) that established the conditions for
operations. This proposed Modification to the original Use Permit to allow this one
additional hour of operation each year would be consistent with the Zoning Ordinance.
Site Lavout: The existing development includes two commercial retail buildings with
at-grade parking and associated landscaping. Three driveways along Almarida Drive
provide vehicular access to the project site. Parking is provided on the north and west
side of Building B, a shared parking lot between Buildings A and B, and on the east and
south side of Building A.
Building A (Kohl's) consists of a two-story, 98,554 square foot commercial retail building
located on the north end of the project site, facing the central parking area and setback
25-feet from Almarida Drive. Pedestrian access is provided by a pedestrian walkway
from Almarida Dive and a pedestrian walkway linkage between Buildings A and B. The
building is set back approximately 375-feet from the adjacent single-family residences to
the north.
Building B (Bed, Bath & Beyond) consists of a two-story, 59,586 square foot commercial
retail building, with a 13,500 square foot basement, located on the south end of the
project site, facing West Hamilton Avenue. Pedestrian access is provided from West
Hamilton Avenue and Almarida Drive to Building B by a pedestrian walkway.
Late Niaht Operations: The applicant is requesting approval to extend the hours of
operation for Kohl's by one hour each year to allow the store to open at 5 a.m. on the
Friday following Thanksgiving.
Staff Report - Planning l,vmmission Meeting of October 24, ~vv6
PLN2006-139 - 525 E. Hamilton Avenue
Modification to Conditional Use Permit - Kohl's
Paae 3 of 3
Staff finds the request to allow Kohl's to open at 5 a.m. one day each year appropriate,
if managed properly, for this commercial retail use. Furthermore, due to the location of
the business along an arterial street and the nature of the use, staff does not anticipate
that the business will create a significant nuisance relative to noise and traffic. The
proximity to existing residential uses does however require a mechanism to address
any noise or activity related complaints.
A condition of approval was imposed with the original Use Permit 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
recommends that in no case should the store be open past 11 p.m. on Sundays.
Site and Architectural Review Committee: The Site and Architectural Review
Committee (SARC) did not review this proposal because there were no proposed
architectural changes.
Attachments:
1. Recommended Findings
2. Recommended Conditions of Approval
3. Applicant's Request
4. Site Plan
5. Location Map
Prepared by:
ron Fierro, Community Development Director
/"-
Attachment No.1
FINDINGS FOR APPROVAL OF FILE NO. PLN2006-139
(MODIFICATION TO CONDITIONAL USE PERMIT)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
525 E. Hamilton Avenue
Jeffrey Adam, for Kohl's Department Stores, Inc.
October 24, 2006
Findinas for approval of a Modification to a previously-approved Conditional Use Permit
to allow one additional hour per vear (the Friday followina Thanksaivina at 5 a.m.) for
late niaht uses on property located at 525 E. Hamilton Avenue.
The Planning Commission finds as follows with regard to File No. PLN2006-139:
1. The proposed late night use is consistent with the General Commercial General
Plan land use designation and C-2-S (General Commercial) Zoning District.
2. The project site consists of a 367,127 square foot lot, developed with 171,640
square feet of total building area, 52,843 square feet of landscaping, and 235,214
square feet of paving.
3. The proposed 641 parking spaces will adequately address the parking needs of the
subject site and proposed use, based on the analysis contained in the staff report
for the original approval (PLN2004-07, -18, -19, -25 & -33).
4. Revoking or modifying the late night hours can address any un-anticipated noise
issues.
5. The project site is located on the northeast corner of West Hamilton Avenue and
Almarida Drive and is surrounded by single-family residences to the north, mixed
commercial uses to the south, restaurant and multi-family residences to the west
and Highway 17 to the east.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. The Police Department has not expressed a concern with the proposed project.
8. Business hours shall be restricted to 6 a.m. to 11 p.m. daily, except for 6 a.m. to
midnight for grand opening events in May and October, and the Thanksgiving and
Christmas seasons, no more than 30 days total in anyone calendar year, and no
later than 11 p.m. on any given Sunday. On the Friday following Thanksgiving, the
store would open at 5 a.m.
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.
Attachment NO.1
Page 2 of 2
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.
4. 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.
5. The subject site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development
of the immediate area.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Attachment No.2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2006-139
(MODIFICATION TO CONDITIONAL USE PERMIT)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
525 E. Hamilton Avenue
Jeffrey Adam, for Kohl's Department Stores, Inc.
October 24, 2006
The applicant is hereby notified, as part of this application, that (s)he is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and
the State of California. The lead department with which the applicant will work is
identified on each condition where necessary. 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 items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertains to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Modification (PLN2006-139) to a
previously approved Conditional Use Permit (PLN2004-33) to allow one additional
hour of operation for one day each year on the Friday following Thanksgiving to
permit Kohl's to open at 5 a.m. for their holiday sale on property located at 525 E.
Hamilton Avenue.
2. Modification to Conditional Use Permit Approval Expiration: This Modification to 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 Modification to 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.
4. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. daily
for Building A and B. The late night uses for Building A (Kohl's department store)
shall be limited to 6:00 a.m. to 12:00 a.m. for grand opening events in May and
October, and the Thanksgiving and Christmas seasons. Special engagement dates
shall not exceed 30 occasions in any calendar year. In no case shall hours be
maintained past 11 p.m. on any Sundays. On one day each year, the Friday
following Thanksgiving, Kohl's shall be permitted to open for business at 5 a.m.
Attachment #3
KOHI.:S
September 20, 2006
City of Campbell
70 North First Street
Campbell, CA 95008
RE: Ammendment of Conditional Use Permit for Kohl's
This letter is a detailed request for a modification of the existing conditional use permit for the Kohl's store
in Campbell on the northeast comer of West Hamilton Ave. and A1marida Drive. Per the resolution that is
in place (No. 3567), our business hours are 6 AM to 11 PM daily with a prOVision for late night uses until
midnight for up to 30 calendar days during our special events and holiday season. As part of this
modification, we are not requesting to extend the late night uses. However, since this resolution was
passed in 2004, a number of national retailers (including Kohl's) have added an "early bird" sale on the
day after Thanksgiving. On this one day per year, we would need to open the store at 5 AM. The use,
type of operation, traffic generation, noise generation, and number of employees will not change from our
normal business operation. We are only requesting to open the store at 5 AM on the day after
Thanksgiving.
If you have any questions regarding this correspondence, please contact me at your earliest
convenience. I may be reached at 262-703-6327.
Sincerely,
.~c~
J~. Adam, P.E.
Site Development Manager
RECE~VED
SEP 2 2 2006
GllV OF CAMPBELL
PLANNING DEPT.
CORPORATE OFFICES. N56 W17000 RIDGEWOOD DRIVE. MENOMONEE FALLS, WISCONSIN 53051 · (262) 703-7000