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PC Res 3500 RESOLUTION NO. 3500 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2003-56) TO ALLOW LATE NIGHT OPERATIONS FOR AN EXISTING MUSIC STORE (TOWER RECORDS) ON PROPERTY OWNED BY MR. NORMAN K. HUSTEN LOCATED AT 1900 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO. PLN2003-56. 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 PLN2003-56: 1. The proposed late night operations is consistent with the General Plan land use designation of General Commercial and the C-2-S (General Commercial) Zoning District. 2. The project site consists of a 41,675 square foot lot, developed with 10,819 square feet of building area, 3,590 square feet of landscaping, and 27,266 square feet of paving. 3. The existing 58 parking spaces will adequately address the parking needs of the subject site and proposed use. 4. The project site is located on the southeast corner South Bascom Avenue and McBain Avenue and is surrounded by commercial uses on the north, south and west sides and single- family residences to the east. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The Police Department has not expressed a concern with the proposed project. 7. Business hours shall be restricted to 6 a.m. to midnight, daily. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). 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. Planning Commission Resolution No. 3500 PLN2003-56 -- 1900 S. Bascom Avenue- Use Permit - Tower Records - Late Hours Page 2 o o o 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. The proposed use is compatible with the uses in the area. 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. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 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. 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 (PLN2003-56) to allow late night operations for an existing music store (Tower Records) on property owned by Mr. Norman K. Husted located at 1900 S. Bascom Avenue, 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 Plannine Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store on property located at 1900 S. Bascom Planning Commission Resolution No. 3500 PLN2003-56 -- 1900 S. Bascom Avenue- Use Permit - Tower Records - Late Hours Page 3 o ° o Avenue. The project shall substantially conform to the plans received by the Planning Division on May 29, 2003, except as may be modified by the conditions of approval contained herein. 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. 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. 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 private property and the public property frontage at all times. Property damaged as a result of such graffiti, posters or stickers shall be repaired immediately after removal. Upon notification by the City of non-compliance with this condition of approval, the owner/operator shall bring the property into compliance within 48 hours. 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. Noise: ao 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. bo 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. Operational Hours: The operational hours shall be limited to 6 a.m. to midnight, daily. 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. Parking Stall Re-Striping: Within 60 days of final approval, the applicant shall re-stripe the parking lot in accordance with the approved site plan. All compact parking spaces shall be painted to identify them as compact spaces. Planning Commission Resolution No. 3500 PLN2003-56 -- 1900 S. Bascom Avenue- Use Permit - Tower Records - Late Hours Page 4 10. 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. 11. Signs: 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. 12. Sidewalk Maintenance: The public sidewalk surrounding the subject property and all on-site sidewalks shall be pressure washed within 60 days of final approval to remove all spills, gum and food. The owner/operator of the property shall provide on-going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works. 13. On-Site Queuing: Any queuing over 10 people will be accommodated within the building and not outside the building. In the event that the City receives complaints regarding queues, 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. PASSED AND ADOPTED this 10th day of June, 2003, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hemandez, Jones and Rocha Commissioners: None Commissioners: None Commissioners: None NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Sharon Fierro, Secretary