CC Resolution 10334
RESOLUTION NO. 10334
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION APPROV AL OF A CONDITIONAL USE
PERMIT (PLN2004-33) TO ALLOW LATE NIGHT USES ON
PROPERTY OWNED BY LYNN A. BUZOLICH ET AL LOCATED AT
525 E. HAMIL TON 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 City Council 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 A1marida
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 City Council 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.
City Council Resolution
Denying Appeal and Upholding the Planning Commission Approval
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 City Council denies an appeal and upholds
the Planning Commission approval of a Conditional Use Permit (PLN2004-33) to allow late
night uses on property owned by Lynn A. Buzolich et allocated 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
City Council Resolution
Denying Appeal and Upholding the Planning Commission Approval
PLN2004-33 - 525 E. Hamilton Avenue - Conditional Use Permit - Late Hours
Page 3
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.
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.
10..sJ.w: 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.
City Council Resolution
Denying Appeal and Upholding the Planning Commission Approval
PLN2004-33 - 525 E. Hamilton Avenue - Conditional Use Permit - Late Hours
Page 4
11. Review of Use Permit: This Use Permit shall be reviewed following one year in the event
that there are verified noise complaints.
PASSED AND ADOPTED this 4th day of
vote:
May
, 2004, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Watson, Kennedy, Burr
Furtado
None
Dean
APPROV~-~~
Donald R. Burr, Mayor
ATTEST: a~ ~
Anne Bybee, City Clerk