PC Res 3032RESOLUTION NO. 3032
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
ESTABLISHMENT OF A RECORD STORE IN AN
EXISTING COMMERCIAL BUILDING LOCATED AT 1830
S. BASCOM AVENUE IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. ROBERT Mc,GILLIS, ON BEHALF OF RASPUTIN
RECORDS. UP 96-05.
Atier notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
Atter due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application LIP 96-05:
1. The proposal to establish a record store is consistent with the General Plan and the
Zoning District which permit Commercial Land Uses.
The parking facilities, with a condition of approval requiring eight on-street parking
spaces provided by the applicant, is sufficient to support the parking demand required
for the proposed record store.
3. The proposed use is compatible and complimentary to the existing uses within the
area, subject to the conditions of approval.
4. The establishment of the record store use is not an intensification of the existing retail
uses.
The restriction of the retail use to the sale of recorded music only is necessary to
protect the health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood.
An initial study was prepared for this project which determined that no signficant
impacts will occur.
A traffic count on Ridgeley will be conducted one year from occupancy of record
store and traffic mitigation may be required by the applicant if necessary to offset the
traffic impacts. The potential traffic mitigation is proportional to the possible
anticipated traffic impacts.
Planning Commission Resolution No. 3032
UP 96-05- 1830 S. Bascom Avenue- Rasputin Records
Page 2
Based upon the foregoing findings of fact, the Planning Commission concludes that:
The establishment, maintenance or operation of the use applied for 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.
2. The proposed site is adequate in size and shape to accommodate the said use with uses
in the surrounding area.
3. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such use would generate.
Further, the applicants are notified as part of this application that they are required to
comply with all applicable Codes and Ordinances of the City of Campbell and the State of
California which pertain to this application and are not herein specified. And, that this
approval is granted subject to the following Conditions of Approval.
Approved Project: Approval is granted for an 11,375 square foot record store
located at 1830 S. Bascom Avenue. The proposed business shall substantially comply
with the applicant's description/statement per attachment #4 of the Planning
Commission Report and briefly summarized below:
· Retail sales of new and used recorded music.
· Forms of recorded music includes CD's, records and tapes.
Prohibited Use: Approved Use Permit application (UP 96-05) is for a retail record
store use exclusively. Video rentals and ticket sales of music or entertainment events
is strictly prohibited at this location.
Sign Application: Applicant to secure all necessa~' sign permits as required by
Section 21.52.100 of the Campbell Municipal Code. No signage is approved
tentatively or finally with this application.
4. Approved Plans:
A. Development Schedule: Applicant shall begin construction within one year of
final approval.
Planning Commission Resolution No. 3032
UP 96-05 - 1830 S. Bascom Avenue - Rasputin Records
Page 3
B. Parking & Driveways: All parking and driveways shall be developed in
accordance with Chapter 21.50 of the Campbell Municipal Code.
Design Details: Applicant shall submit design details of the storefront improvements
including building materials and building colors for review by the Community
Development Director or prior to issuance of building permits.
Building Permits: Tenant improvements and storefront improvements are subject to
the issuance of building permits and final clearance before occupancy.
7. Landscaping
Site Landscape Plan: Applicant shall provide four sets of landscape and
irrigation plans indicating type and size of plant materials, irrigation system and
planting details to be submitted to the Planning Department and approved by
the Community Development Director prior to issuance of building permits.
Landscaping plan shall substantially conform to the preliminary site
plan/landscape plan dated June 18, 1996, indicating a modified streetscape of
trees along Bascom. The plans shall also be revised to reflect new landscape
treatment along the Ridgeley frontage.
Sound Wall: Applicant shall provide an extension in the form of a tubular steel
metal trellis structure on the existing four (4) foot sound wall along the easterly
property line to provide screening to the adjacent residential use.
C. Landscape Standards: All landscaping shall comply with the City's Water
Efficient Landscape Standards (WELS).
8. Site Construction
A. Construction and Equipment: Applicant shall utilize construction equipment
which adequately levels the noise in accordance with Section 18.02.030 of the
City of Campbell Municipal Code. Construction activity and construction
equipment shall comply with all air quality emission policies as determined by
the Bay Area Air Quality Management District and the Building Official for the
City of Campbell.
Planning Commission Resolution No. 3032
UP 96-05 - 1830 S. Bascom Avenue- Rasputin Records
Page 4
Construction Hours: Hours of construction shall be limited to 8 a.m. to 5
p.m., Monday through Friday, and 9 a.m. to 4 p.m., Saturdays. No
construction is permitted on Sundays or Holidays. The construction area and
surrounding areas shall be swept as necessary, but not less than once daily. All
areas shall be adequately fenced for safety per the Building Official during
construction and demolition.
Revocation of Use Permit: Failure to comply with the conditions of approval specified
herein may result in initiation of revocation of the Use Permit by the City in
accordance with Section 21.72.110.
10. Use Permit Expiration: The approved use under the Use Permit must be established
on the site within one year from the Planning Commission approval or this approval
shall become void.
Il. Handicapped Accessibility: All new and remodeled buildings shall provide
handicapped access in accordance with the Uniform Building Code (UBC) and the
Uniform Federal Accessibility Standard (UFAS) and the Federal Americans With
Disabilities Act (ADA).
12. Mechanical Equipment: All roof-mounted and ground-level mechanical equipment on
new or remodeled structures on site, which are visible from the public right-of-way,
shall be screened with similar building materials subject to the approval of the
Community Development Director.
13. On-Street Parking: Applicant shall provide eight (8) on-street parking spaces for the
proposed use on Ridgeley Drive adjacent to the commercial land uses on both sides.
14. Traffic Counts: Applicant shall pay $350 to the City to conduct a traffic study within
one year of building occupancy to determine if traffic from the use is using Ridgeley as
a bypass street. In the event that through traffic increases on Ridgeley from the record
store, the City Traffic Engineer shall notify the applicant that traffic mitigation is
required. Any and all costs associated with the traffic mitigation directly attributed to
the record store shall be borne by the applicant.
15. Building Code: Structural calculations are required for racks over 6 feet in height.
16. Tenant Improvements: Commercial tenant improvements shall be designed by an
architect or engineer. Plans must be wet-signed and stamped.
Planning Commission Resolution No. 3032
UP 96-05 - 1830 S. Bascom Avenue- Rasputin Records
Page 5
17. Garbage Collection: Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved by the Fire Department.
Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a
solid wall or fence and have self-closing doors of a size specified by the Fire
Department. All enclosures to be constructed at grade level and have a level area
adjacent to the trash enclosure area to service these containers.
18. Drainage: Prior to issuance of occupancy approval, the drainage conveyance systems
from the on-site drainage inlets to the off-site public improvements on Ridgeley
Avenue shall be refurbished and repaired as determined by the City Engineer.
19. Standard Street Improvements: Prior to issuance of any building permits for the site,
the applicant shall prepare plans, pay fees, post securities and provide insurance as
required to obtain an encroachment permit to construct public street improvements as
required by the City Engineer. Public street improvement plans shall be prepared by a
registered Civil Engineer licensed in the State of California and shall include the
following:
A. Bascom Avenue: Remove existing southerly driveway and construct curb,
gutter and sidewalk. Remove and replace sidewalk as necessary to install
street trees and tree wells to comply with City Streetscape Standards.
Construct irrigation system for the new trees. Irrigation shall tie into the on-
site landscape irrigation system to ensure consistent maintenance of landscape
improvements. Submit plans indicating a radius at the northerly driveway as
directed by the City Engineer.
B. Ridgeley Avenue:
Install "Residential Parking Only" sign(s) on the north side of Ridgeley
Avenue, facing westbound traffic, easterly of the subject site about 100
feet, as determined by the City Engineer.
Install similar signs on the south side of Ridgeley, just east of Bascom,
across the street from the subject site, facing eastbound traffic, as
determined by the City Engineer.
20. Completion of Public Street Improvements: Prior to issuance of occupancy for the
site, all public street improvements, as required by the encroachment permit, must be
completed and accepted by the City Engineer and the applicant must provide the one-
year minimum security.
Planning Commission Resolution No. 3032
UP 96-05 - 1830 S. Bascom Avenue - Rasputin Records
Page 6
21. Dedication: Prior to issuance of occupancy for the site, the applicant shall offer an
additional 7' of dedication along Bascom Avenue for the future boulevard treatment as
required by the City's Standard Streetscape Policy. The offer shall be an irrevocable
offer of dedication. The legal description and plans shall be prepared by a licensed
land surveyor and shall be provided to the City for recordation.
22. Underground Utilities: Any new on-site utilities required shall be installed
underground per Section 20.36.150 of the Campbell Municipal Code for any new
building additions. Provide evidence from all utility companies that the proposed
modifications can be served. Comply with the plan submittal, permit and fee
requirements of the utilities associated with new or modified service connections.
23. Storm Water Management: All construction shall comply with California Storm
Water Best Management Practices Handbook, prepared by Storm Water Quality Task
Force, Santa Clara Valley Water District.
PASSED AND ADOPTED this 25th day of June, 1996, by the following roll call vote:
AYES: Commissioners: Gibbons, Kearns, Lindstrom, Lowe,
Meyer-Kennedy
NOES: Commissioners: None
AB SENT: Commissioners: Alne, Jones
ABSTAIN: Commissioners: None
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ATTEST · --
~ Stev'e"Pias~ctd, Secretary