PC Res 3725
RESOLUTION NO. 3725
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-45) TO ALLOW A TEMPORARY MODULAR TRAILER
FOR NEW EMPLOYEE HIRING FOR A RETAIL USE (BED, BATH &
BEYOND) ON PROPRETY OWNED BY LYNN BUZOLlCH ET AL
LOCATED AT 515 E. HAMILTON AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. KEN
STARKEY, ON BEHALF OF McCARTHY CONSTRUCTION. FILE
NO: PLN2006-45.
)
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 PLN2006-45:
1. The proposed project consists of a temporary modular trailer for new employee
hiring for a retail store on the subject property.
2. The development of the proposed project will result in a use that is consistent with
the General Plan land use designation of Low Density Residential.
3. The proposed temporary trailer is consistent with the C-2-S (General Commercial)
zoning designation for the site with approval of a Use Permit.
4. The project provides eight standard and two disabled parking spaces designated for
the temporary trailer.
5. The proposed operational hours are 8:00 a.m. to 6:00 p.m. daily.
6. The project qualifies as a Categorically Exempt project per Section 15311, Class 11
(Minor Structures) 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.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the project, as currently presented and subject to the
required Conditions of Approval, will have a significant adverse impact on the
environment.
Planning Commission Resolution No. 3725
PLN2006-45 - 515 E. Hamilton Avenue - Use Permit - Temporary Modular Trailer
Page 2
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
5. 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.
6. The subject site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
8. 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 (PLN2006-45) to allow a temporary modular trailer for new
employee hiring for a retail use (Bed, Bath & Beyond) on property owned by Lynn
Buzolich et al located at 515 E. Hamilton Avenue in a C-2-S (General Commercial)
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
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 Proiect: Approval is granted for a Conditional Use Permit (PLN2006-
00045) allowing a temporary modular trailer for new employee hiring for a retail use
located at 515 E. Hamilton Avenue. The site layout and design shall substantially
comply with project description and plans received by the Community Development
Department dated April 26, 2006, except as may be modified by the Conditions of
Approval herein.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval
shall be valid for two (2) months from the date of final approval or until the Bed, Bath
and Beyond retail building is completed under Building Permit No. BLD2005-01632.
Planning Commission Resolution No. 3725
PLN2006-45 - 515 E. Hamilton Avenue - Use Permit - Temporary Modular Trailer
Page 3
3. 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.
4. Outdoor Storaqe: No outdoor storage is permitted on the subject property.
5. Operational Hours: The hours of operation for the trailer shall be limited to 8:00 a.m.
to 6:00 p.m. daily.
PASSED AND ADOPTED this 13th day of June, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None I'
APPROVE~ ~
Bob Alderete, Chair
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST: ,/.,
Sharon Fierro, Secretary