PC Res 4148RESOLUTION NO. 4148
BEIING A RESOLUTION OF THE PLANNING COMMISSION
OF 'THE CITY OF CAMPBELL GRANTING AN EXTENSION OF
TIME (PLN2014-54) UNTIL DECEMBER 31, 2019, FOR
TERMINATION OF A NON-CONFORMING SEXUALLY-
ORIENTED BUSINESS (CAMPBELL STAR 99) ON
PROPERTY LOCATED AT 841 UNION AVENUE.
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 file numbers PLN2014-54:
1. The project site is zoned C-1 (Neighborhood Commercial) and designated
Neighborhood Commercial by the General Plan Land Use Element.
2. The project site consists of a 6,500 square-foot parcel, improved with a 3,000
square-foot retail building that is in part occupied by a business know as Campbell
Star 99.
3. The City Council adopted specific operational and location restrictions for sexually-
oriented business due to the community-wide adverse economic impacts, increased
crime, decreased property values, and the deterioration of neighborhoods which can
be brought about by the concentration of sexually oriented businesses in close
proximity to each other or proximity to other incompatible uses such as schools for
minors, churches, parks, and residentially-zoned districts or uses. The purpose of
such operational and locational restrictions was to establish reasonable and uniform
regulations, to prevent the concentration of sexually oriented businesses or their
close pro~:imity to incompatible uses, while permitting the location of sexually
oriented businesses in certain areas.
4. Campbell Star 99 is defined as a "Sexually Oriented Business" pursuant to the
definition K>rovided in Campbell Municipal Code (CMC) Sec. 5.55.020 in that the
establishment has thirty percent or more of photographs, films, motion pictures,
video cassettes, CDs, DVDs, slides, tapes, records or other form of visual or audio
representations which are distinguished or characterized by an emphasis upon the
depiction or description of specified sexual activities and/or specified anatomical
areas.
5. The project site was annexed into the City of Campbell effective May 1, 2013 with
annexations of the Cambrian 36 and Central Park neighborhoods.
Planning Commission Resolution No. 4148
PLN2014-54 - 841 Union Avenue -Extension of Time -Campbell Star 99
Page 2
6. Pursuant to CMC Sec. 21.36.205.0.2, a sexually oriented business which was a legal
use at the time of annexation of the property and which now does not conform to the
applicable locational criteria specified by CMC 21.36.205.6 shall be terminated within
one year of the date of annexation unless an extension of time has been approved by
the planning commission.
7. The Planning Commission shall grant an extension of time for termination of
nonconforming sexually-oriented use, for a reasonable period of time commensurate
with the investment involved, if it affirmatively makes all of the findings for an
extension specified in CMC Sec. 21.36.205, as based on testimonial, documentary
and tangible evidence.
8. The applicant has provided a copy of a 10-year lease agreement, dated June 21,
2012, as evidence that a substantial investment in the property or structure on or in
which the nonconforming use is conducted has been made. The applicant contends
that should irhe business be terminated at the conclusion of the one year amortization
period, he will be unable to recoup the investment (future lease payments).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The applicant has made a substantial investment (including but not limited to lease
obligations) in the property or structure on or in which the nonconforming use is
conducted; such property or structure cannot be readily converted to another use;
and such investment was made prior to the effective date of this section;
2. The applicant will be unable to recoup said investment as of the date established for
termination of the use; and;
3. The applicannt has made good faith efforts to recoup the investment and to relocate
the use to a location in conformance with subsection B of this section [M-1 Zoning
District].
4. This project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental Quality Act (CEQA) pertaining to minor alterations to an existing
private structure, involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination.
THEREFORE, Bf= IT RESOLVED that the Planning Commission approves an Extension of
Time (PLN2014-54) until December 31, 2019, for termination of a non-conforming
sexually-oriented business (Campbell Star 99) on property located at 841 Union Avenue.
Planning Commission Resolution No. 4148
PLN2014-54 - 841 Union Avenue -Extension of Time -Campbell Star 99
Page 3
PASSED AND ADOPTED this 8th day of April, 2014, by the following roll call vote:
AYES: Cornmissioners: Dodd, Finch, Kendall, Reynolds, and Rich
NOES: Cornmissioners: Resnikoff
ABSENT: Cornmissioners None
ABSTAIN: Cornmissioners: None
APPROVED: ~ -~`
Paul Resnikoff, Chair
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ATTEST:
Bill Brucfcart,l,~ting Secretary