PC Res 4000RESOLUTION NO. 4000
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2010-153) TO ALLOW LATE NIGHT OPERATIONAL
HOURS (MIDNIGHT OPENINGS) FOR AN EXISTING RETAIL
STORE (GAMESTOP) ON PROPERTY LOCATED AT 1700 S.
BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MS. MELANIE ORR, ON
BEHALF OF GAMESTOP, LLC. FILE NO.: PLN2010-153.
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 PLN2010-153.
Environmental Finding
1. The project qualifies as an Exempt project under Section 15060(c) (2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct
or reasonably foreseeable indirect physical change to the environment.
Evidentiary Findings
2. The project site is designated General Commercial on the General Plan Land Use
Element Map.
3. The project site is designated General Commercial (C-2) on the Zoning Map.
4. The project site is a 12.3 acre shopping center known as Hamilton Plaza.
5. Late night operational hours in conjunction with a retail store are consistent with the
General Plan and Zoning Code upon the issuance of a Conditional Use Permit (CUP).
6. The Police Department has not expressed concern with the proposed hours of
operation.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
7. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code;
8. The proposed use is consistent with the General Plan;
Planning Commission Resolution No. 4000
PLN2010-153 - 1700 S. Bascom Avenue -Use Permit -GameStop
Page 2
9. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area;
10. 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;
11. 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.
12. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use
Permit (PLN2010-153) to allow late night operational hours (Midnight Openings) for an
existing retail store (GameStop) on property located at 1700 S. Bascom Avenue in a C-2-S
(General Commercial) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State
of California. Where approval by the Community Development Director, Gity 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 Division:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2010-153) to
allow periodic late-night activities ("midnight openings"). The project shall substantially
conform to the project plans and written description stamped as received by the Planning
Division on June 28, 2010 and September 30, 2010, respectively, except as may be
modified by the conditions of approval contained herein.
2. Conditional Use Permit Expiration: The Conditional Use Permit shall be valid in
perpetuity with continued operation of the use. Abandonment, discontinuation, or
ceasing of operations for a continuous period of twelve months shall void the Conditional
Use Permit approved herein.
Planning Commission Resolution No. 4000
PLN2010-153 - 1700 S. Bascom Avenue -Use Permit -GameStop
Page 3
3. Alley Usage: Employee usage of the rear alleyway shall be limited to the hours of 7 AM
to7PM.
4. Delivery Hours: Pursuant to S 90-01, delivery hours are restricted to between 7 AM and 7
PM.
5. Midnight Openings: Consistent with the project documentation submitted for this project,
midnight openings shall be allowed subject to the following operational criteria:
A. Frequency: There shall be no more than a total of twenty (20) midnight openings per
calendar year.
B. Closing: The GameStop store shalt close by 1:30 AM on the morning of the midnight
opening. By 1:30 AM all customers and employees shall have exited the building.
C. Activities: All activities associated with the midnight openings shall occur entirely
within the store with exception that customers queuing outside of the store.
D. Security: In the event of incidents requiring a Police Department response,
uniformed, privately provided security staff may be required in and/or around the
premises when deemed necessary by the Chief of Police.
E. Notice: The GameStop store manager shall contact the Campbell Police Department
at least three (3) business days prior to a Midnight Opening to inform the Department
of the date and time of the event and number of attendees anticipated.
F. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are strictly
prohibited.
G. Noise Management: In the events complaints are received by the City regarding the
late night operational hours, the Community Development Director may immediately
modify the hours of operation, subject to the project being brought back to the
Planning Commission for consideration of changes to address the complaints.
6. 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.
PASSED AND ADOPTED this 9t" day of November, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Resnikoff and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Ebner, Gibbons and Reynolds
ABSTAIN: Commissioners: None
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APPROVED: ~; ~~ ~ c~~
Bob Roseber ;Acting Chair
ATTEST:
Kir ich ,Secretary