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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 ~-~7 ,' ATTEST: Bill Brucfcart,l,~ting Secretary