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PC Res 3567 RESOLUTION NO. 3567 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-33) TO ALLOW LATE NIGHT USES ON PROPERTY OWNED BY LYNN A. BUZOLICH ET AL LOCATED AT 525 E. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. STEPHAN SCHMIDT, ON BEHALF OF THE BERGMAN COMPANIES. FILE NO. PLN2004- 33. 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 PLN2004-33: 1. The proposed late night uses 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. 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 season. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed proj ect 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. Planning Commission Resolution No. 3567 PLN2004-33 - 525 E. Hamilton Avenue - Conditional Use Permit - Late Hours Page 2 3. The proposed us 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2004-33) to allow late night uses on property owned by Lynn A. Buzolich et al located at 525 E. Hamilton Avenue in an C-2-S (General Commercial) Zoning District, 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 Permit: Approval is granted for a Conditional Use Permit (PLN2004-33) to allow late night uses for one new commercial retail building (Kohl's department store), located at the rear of the project site adjacent to Almarida Drive, on property located at 525 E. Hamilton Avenue. This permit shall be valid only in conjunction with the approved Site and Architectural Review Permit (PLN2004-07). 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. Planning Commission Resolution No. 3567 PLN2004-33 - 525 E. Hamilton Avenue - Conditional Use Permit - Late Hours Page 3 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. 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. 5. 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. 6. 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 system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. 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 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 occasions 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. 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. 9. 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. 1O..siw: 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. 11. Review of Use Permit: This Use Permit shall be reviewed following one year in the event that there are verified noise complaints. Planning Commission Resolution No. 3567 PLN2004-33 - 525 E. Hamilton Avenue - Conditional Use Permit - Late Hours Page 4 PASSED AND ADOPTED this 27th day of April, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry Gibbons and Hernandez None None APPROVED ATTEST: