PC Res 4723RESOLUTION NO. 4723
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW FOR AN EXISTING CONVENIENCE
MARKET/STORE (I.E. 7-ELEVEN) TO CONTINUE TO OPERATE
24-HOURS DAILY AS A LATE-NIGHT ACTIVITY ON PROPERTY
LOCATED AT 2223 S. BASCOM AVENUE. FILE NO.: PLN-2024-
63
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 file numbers PLN-2024-63:
1. The subject property is located along South Bascom Avenue near the intersection of
South Bascom Avenue and Apricot Avenue. The site is surrounded by commercial uses
to the east, and south, residential uses to the west, and a mix of a residential use and
commercial uses to the north. The closest residential use is approximately 150 feet away
from the 7-Eleven.
2. The existing convenience market/store (i.e. 7-Eleven) is located at the corner of an
existing commercial building. The business occupies approximately 2,484 square foot
corner tenant space and is accessed directly from the parking lot.
3. The project site is zoned GC-MU (General Commercial Mixed Use) and is designated
with a General Commercial Mixed-Use land use designation by the General Plan. Late
Night Activities are identified as Conditional Uses in the GC-MU Zoning District.
4. The existing convenience market/store (i.e. 7-Eleven) has been operating at the project
site since 1989. At the time 7-Eleven opened, a Conditional Use Permit for the late-night
activity was not required by the Campbell Municipal Code (CMC) and businesses could
operate between the hours of 11:00 p.m. and 6:00 a.m. without a planning permit.
5. A Type 20 ABC license (that allows off-sale of beer and wine) was issued by the Alcoholic
Beverage Control (ABC) to 7-Eleven in December 1989, a planning permit for off-sale
alcohol sales was also not required by the CMC. The business has an active Type 20
ABC license and therefore, a vested right to sell alcohol, the ability to sell alcohol within
the confines of the Type 20 ABC license cannot be reduced or otherwise restricted by
the city, as the Alcoholic Beverage Control has the authority on liquor licenses.
6. The existing convenience market/store is proposing to continue to operate 24-hours daily
as a Late-Night Activity as defined by Section 21.72 (Definitions) of the CMC. The late-
night activity will occur within the building and will be incidental to the existing
convenience market/store.
Planning Commission Resolution No. 4723 Page 2 of 4
2223 S. Bascom Avenue
PLN-2024-63 ~ Conditional Use Permit
7. In accordance with the definition below, the existing convenience market/store would
allow 24-hour daily operations and therefore, would constitute a Late-Night Activity, as
per the definition below:
" Late night activities" means land use activities operating between the hours of 11:00
p.m. and 6:00 a.m., including, but not limited to, the provision of goods and services
to the public and all ancillary activities such as property maintenance, janitorial
services, street and parking lot sweeping, deliveries, and similar activities. "Late night
activities" do not include the lawful, reasonable and customary use of residential uses
or professional offices in a manner that does not interfere with the reasonable use and
enjoyment of other properties.”
8. The project floor plan depicts aisles of open shelving with various products for purchase,
a sales counter, and a refrigerated section towards the rear. Pursuant to the Project
Description, the convenience market/store has been operating at the site since 1989 and
offers a variety of products for sale, including basic grocery items, medicines, and
household goods.
9. As conditioned, doors to the business shall not remain in an open position during
business hours, excepting when deliveries are occurring, to reduce impacts to the
adjacent residential uses.
10. As conditioned, there shall be no loitering or panhandling allowed outside the business.
The business owner is responsible for monitoring the premises to prevent loitering,
including contacting the Police Department as necessary to enforce this requirement.
11. As conditioned, any noises, sounds, and/or voices, including but not limited to amplified
sounds, loud speakers, and/or music, which exceed the allowances by the General Plan
that are generated by the subject use or business patrons shall not be audible to person
of normal hearing capacity from any residential property.
12. As conditioned, The business owner shall maintain in good standing a Type 20 (Off-Sale
Beer and Wine) liquor license from the State Department of Alcoholic Beverage Control
(ABC) for the off-sale of alcoholic beverages. The sale of alcohol shall be limited to the
hours permitted by the State of California.
13. In review of the Conditional Use Permit, the Planning Commission considered the
proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure
design, and site layout.
14. The Planning Commission's review of the Conditional Use Permit further encompassed
zoning and General Plan land use conformance, noise impacts, parking, property
maintenance, odors, security and enforcement, and neighborhood impacts.
15. The Planning Commission also weighed the public need for, and the benefit to be derived
from, the Conditional Use Permit, against any impacts it may cause.
Planning Commission Resolution No. 4723 Page 3 of 4
2223 S. Bascom Avenue
PLN-2024-63 ~ Conditional Use Permit
16. No substantial evidence has been presented which shows that the Conditional Use
Permit, as currently presented and subject to the required conditions of approval, will
have a significant adverse impact on the environment.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Conditional Use Permit Findings (CMC Sec. 21.68.040):
1. 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;
2. The proposed use is consistent with the General Plan;
3. 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;
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; or
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; and
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.
Environmental Findings (CMC Sec. 21.38.050):
7. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private
structure, involving negligible or no expansion of use beyond that existing at the time of the
lead agency’s determination.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit to allow for an existing convenience market/store to continue to operate 24-hours
daily as a “late-night activity” on property located at 2223 S. Bascom Avenue, subject to
the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 12th day of November, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Buchbinder, Krey, Ostrowski, Fields, Majewski
Planning Commission Resolution No. 4723 Page 4 of 4
2223 S. Bascom Avenue
PLN-2024-63 ~ Conditional Use Permit
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Dec 4, 2024 12:42 PST)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN-2024-63)
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.
1. Approved Project: Approval is granted for a Conditional Use Permit to allow for an
existing convenience market/store to continue to operate 24-hours daily as a late-night
activity. The project shall substantially conform to the Project Plans and Project
Description included as Attachments B and C in the November 12, 2024 Planning
Commission Staff Report, except as may be modified by the conditions of approval
contained herein.
2. Approval Expiration: Approval of the Conditional Use Permit ("Approval") shall be valid
immediately upon the conclusion of the ten-calendar day appeal period. Discontinuation
of alcohol service for a continuous period of twelve months, as evidenced by surrender
or revocation of the ABC license, shall void the non-conforming use.
3. Operational Standards: The convenience market/store use shall conform to the following
operational standards:
a. Approved uses: The business is a “convenience market/store” with an
associated and approved “late-night activities”, as defined in the Campbell
Municipal Code. The approved uses are limited by the operational standards
listed herein. Activity inconsistent with these land uses definitions is prohibited.
b. Hours of Operation: Hours of operation for the convenience market/store shall
be 24-hours daily.
c. Liquor License: The business owner shall maintain in good standing a Type
20 (Off-Sale Beer and Wine) liquor license from the State Department of
Alcoholic Beverage Control (ABC) for the off-sale of alcoholic beverages. The
sale of alcohol shall be limited to the hours permitted by the State of California.
d. Loitering and Panhandling: There shall be no loitering or panhandling allowed
outside the business. The business owner is responsible for monitoring the
premises to prevent loitering, including contacting the Police Department as
necessary to enforce this requirement.
e. Littering: The owner/operator of the subject property shall have removed on a
daily basis any debris or signs of litter associated with the subject business
(discarded cigarettes, bottles, cans, wrappers, etc.) that is located on the
subject property in front of the subject property.
Exhibit A – Conditions of Approval Page 2
PLN-2024-63 ~ Conditional Use Permit
f. Delivery Hours: Deliveries shall be limited to 7:00 AM to 10:00 PM daily.
g. Smoking: “No Smoking” signs shall be posted on the premises in compliance
with CMC Section 6.11.060.
4. 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, in compliance with CMC Section 21.16.110 (Site Maintenance).
Exterior areas of the business shall include not only the parking lot and private landscape
areas, but also includes the public right-of-way adjacent to the business.
5. Refuse and Recycling Containers: Refuse and recycling containers shall be located in
an enclosure, except during emptying of the containers.
6. Windows & Doors: At no time shall an obscure wall or barrier be installed along, behind
or attached to windows or doorways that blocks visual access to the tenant space or
blocks natural light.
7. On-Site Lighting: 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 reviewed and approved by the Community Development
Director. On-site lighting shall be set at adequate levels to ensure proper visibility.
8. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall be parked and/or stored outside the building or within
the parking lot.
9. Noise:
a. Noise Standard: Any noises, sounds, and/or voices, including but not limited to
amplified sounds, loud speakers, and/or music, which exceed the allowances by the
General Plan that are generated by the subject use or business patrons shall not be
audible to person of normal hearing capacity from any residential property. Public
address system of all types are strictly prohibited.
b. Noise Management: In the event that verified complaints are received by the City
regarding noise, the Community Development Director may initiate enforcement
action, including but not limited to citations and/or fines against the business.
Continued verified violations of noise may result in the suspension and/or revocation
of the City issued business license.
10. Front, Side, and Rear Doors: The front and side doors to the business shall not remain
in an open position during business hours, excepting when deliveries are occurring.
11. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done between
the hours of 11:00 AM and 11:00 PM. At no time shall noise generating cleanup, including
the dumping of trash and/or recyclables occur between 11:00 PM and 11:00 AM.
Exhibit A – Conditions of Approval Page 3
PLN-2024-63 ~ Conditional Use Permit
12. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
13. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
14. Signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of the
Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
15. Violations: 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 a fine, suspension or revocation of the City issued business license or
the Conditional Use Permit.
16. Revocation of Permit: Exercise of this Approval is subject to Sections 21.68.020,
21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate
decision-making body to modify or revoke a Conditional Use Permit if it is determined
that the late-night activity has become a nuisance to the City’s public health, safety or
welfare or for violation of this Approval or any standards, codes, or ordinances of the City
of Campbell.
At the discretion of the Community Development Director, if the establishment generates
three (3) verified complaints related to violations of conditions of approval (e.g., noise,
loitering etc.) related to the late-night activity within a twelve (12) month period, a public
hearing before the Planning Commission may be scheduled to consider modifying
Conditions of Approval or revoking of the Approval. The Community Development
Director may commence proceedings for the revocation or modification of the Approval
upon the occurrence of three (3) verified complaints if the Community Development
Director determines that the alleged violation warrants such an action. The Director may
also at such time immediately restrict the approved "business hours", to address
complaints in a timely manner. In exercising this authority, the decision-making body may
consider the following factors, among others:
a. The number and types of Police Department and Code Enforcement calls for service
at or near the establishment that are reasonably determined to be a direct result of
patrons and/or business owner actions;
b. The number of complaints received from residents, business owners, and other
citizens concerning the operation of an establishment,
c. The number of arrests for alcohol, drug, disturbing the peace, fighting, and public
nuisance violations associated with an establishment;
Exhibit A – Conditions of Approval Page 4
PLN-2024-63 ~ Conditional Use Permit
d. The number and kinds of complaints received from the State Alcoholic Beverage
Control office; and
e. Violation of conditions of approval.
Reso 4723 - 2223 S Bascom Ave (7-11)
Final Audit Report 2024-12-04
Created:2024-12-04
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAia7z5zs1PRTvAeIxWXLfE3K5gRmPVEoE
"Reso 4723 - 2223 S Bascom Ave (7-11)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-12-04 - 7:41:35 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-12-04 - 7:41:46 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-12-04 - 7:41:47 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-12-04 - 8:41:10 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-12-04 - 8:42:02 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-12-04 - 10:01:22 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-12-04 - 10:01:34 PM GMT - Time Source: server
Agreement completed.
2024-12-04 - 10:01:34 PM GMT