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
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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
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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:
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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.
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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
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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