PC Res 3719
RESOLUTION NO. 3719
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-39) TO ALLOW THE ESTABLISHMENT OF A
FURNITURE CONSIGNMENT STORE WITHIN AN EXISTING
COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. NICK
GERA LOCATED AT 275 E. CAMPBELL AVENUE IN THE C-3-S
(CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
APPLICATION OF MR. MICHAEL PERRELLI, ON BEHALF OF
CALIFORNIA CONSIGNMENT COMPANY. FILE NO: PLN2006-39.
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 PLN2006-39:
1. The proposed furniture consignment use is consistent with the Central Commercial
General Plan land use designation.
2. The proposed business operation will be a permitted use within the C-3-S (Central
Business District) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 5,880 square foot retail store on a .13 acre site that
was originally constructed in approximately 1913.
4. The project site is located on the north side of East Campbell Avenue at the
northeast corner of N. First Street and East Campbell Avenue. The property is
surrounded by parking uses to the north, a coffee shop and office uses to the west,
furniture and decorating store to the east and a private club to the south.
5. The proposed project is consistent with other commercial developments and uses in
the surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the
proposed use.
7. The hours of operation shall be restricted to: Hours 6:00 a.m. to 11 :00 p.m. 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.
Planning Commission Resolution No. 3719
PLN2006-39-275 E. Campbell Avenue-Use Permit-California Consignment Company
Page 2
2. The proposed use is allowed within the applicable zoning district with a Conditional
Use Permit approval, and complies with all other applicable provisions of this Zoning
Code and the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the
proposed use required in order to integrate the use with uses in the surrounding
area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
7. The establishment will not result in an over concentration of such uses in the area.
8. The establishment the consignment store use will not create a nuisance due to litter,
noise, traffic, vandalism, or other factors.
9. 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.
10. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2006-42) to allow the establishment of a furniture
consignment store within an existing commercial building on property owned by Mr.
Nick Gera located at 275 E. Campbell Avenue in the C-3-S (Central Business District)
Zoning District.
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
Planning Commission Resolution No. 3719
PLN2006-39-275 E. Campbell Avenue-Use Permit-California Consignment Company
Page 3
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 Project: Approval is granted for a Conditional Use Permit (PLN2006-39)
to allow a consignment furniture store located at 275 E. Campbell Avenue. The
project shall substantially conform to the plans received by the Planning Division on
May 11, 2006, and project description (Attachment "A") received on May 11, 2006,
except as may be modified by the conditions of approval contained herein.
Furniture shall be displayed in vignettes and furniture arrangements shall also be
maintained in the display windows to foster a retail appearance along the street.
The retail space shall be comprised of 60% new overstocked warehouse items, 30%
retired staged items and 10% consignment items provided by independent home
owners in the local community.
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 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. 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.
4. Business Operational Hours: The hours of operation shall be limited to 6 a.m. to 11
p.m. Outdoor activities (e.g. parking lot cleaning, trash pick-up or sweeping and
deliveries) shall also be limited to 6:00 a.m. to 11 :00 p.m.
5. 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.
6. Siqnaqe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
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PLN2006-39-275 E. Campbell Avenue-Use Permit-California Consignment Company
Page 4
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code and the C-3-S
(Central Business District) standards.
7. Loiterinq: There shall be no loitering allowed outside the business in the rear
parking lot or the side parking lot areas.
8. Outdoor Storaoe: No outdoor storage is permitted on the subject property. No
equipment or materials shall be stored outside the building or within the parking lot.
9. Parkino and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
10. On-Site Liohtino: 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 submitted to the Planning Division for
approval, and reviewed and approved by the Community Development Director.
Lighting fixtures shall be of a decorative design to be compatible with the
development and shall incorporate energy saving features.
PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Francois and Roseberry
None
Doorley and Gibbons
Rocha
APPROVED~J<~ ~
Bob Alderete, Chair
ATTEST:~ ~
/
Sharon Fierro, Secretary