PC Res 3764
RESOLUTION NO. 3764
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2006-
139) TO A PREVIOUSLY APRPOVED CONDITIONAL USE PERMIT
(PLN2004-33) TO ALLOW KOHL'S TO OPEN AT 5 A.M. ONE DAY
EACH YEAR (DAY AFTER THANKSGIVING) ON PROPERTY
OWNED BY ALMARIDA PLACE, LLC, LOCATED AT 525 E.
HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. JEFFREY ADAM, ON
BEHALF OF KOHL'S DEPARTMENT STORES, INC. FILE NO:
PLN2006-139.
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 PLN2006-139:
1. The proposed late night use 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, based on the analysis contained in the staff report for
the original approval (PLN2004-07, -18, -19, -25 & -33).
4. Revoking or modifying the late night hours can address any un-anticipated noise
issues.
5. The project site is located on the northeast corner of West Hamilton Avenue and
Almarida 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 seasons, no more than 30 days total in anyone calendar year, and no
later than 11 p.m. on any given Sunday. On the Friday following Thanksgiving, the
store would open at 5 a.m.
Planning Commission Resolution No. 3764
PLN2006-139 - 525 E. Hamilton Avenue - Modification to Use Permit - Kohl's
Page 2
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 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.
3. The proposed use 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2006-139) to a previously approved Conditional Use Permit
(PLN2004-33) to allow Kohl's to open at 5 a.m. one day each year (day after
Thanksgiving) on property owned by Almarida Place, LLC, located at 525 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.
Planning Commission Resolution No. 3764
PLN2006-139 - 525 E. Hamilton Avenue - Modification to Use Permit - Kohl's
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Modification (PLN2006-139) to a
previously approved Conditional Use Permit (PLN2004-33) to allow one additional
hour of operation for one day each year on the Friday following Thanksgiving to
permit Kohl's to open at 5 a.m. for their holiday sale on property located at 525 E.
Hamilton Avenue.
2. Modification to Conditional Use Permit Approval Expiration: This Modification to 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 Modification to 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. 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. On one day each year, the Friday
following Thanksgiving, Kohl's shall be permitted to open for business at 5 a.m.
PASSED AND ADOPTED this 10th day of October, 2006, by the following roll call vote:
AYES:
Commissioners: Alderete, Doorley, Ebner, Francois, Rocha and
Roseberry
Gibbons
None
::~:OVED:b.}{ ~
Bob Alderete, Chair
4/ '--- ~
ATTES~_/~
Sharon Fierro, Secretary
Commissioners:
Commissioners:
Commissioners:
NOES:
ABSENT:
ABSTAIN: