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Mod of UP - Freddies - 2004September 16, 2004 Kahlon Enterprise, Inc. Dba Freddies Liquor 1581 W. Campbell Avenue Campbell, CA 95008 Re: PLN2004-85-1581 W. Campbell Avenue - Modification of Use Permit Dear Applicant: Please be advised that at its meeting of September 14, 2004, the Planning Commission adopted Resolution No. 3583 approving the Modification of a previously approved Conditional Use Permit to allow the expansion of an existing liquor store on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, September 24, 2004. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period is set forth. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Tim J. Haley Associate Planner Cc: Ed Arango, Public Works Frank Mills, Building Chris Veargason, County Fire Wing Center (Property Owners) C/o Ritchie Asset Management 34 W. Santa Clara Street San Jose, CA 95113 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TJ) ) 408.866.2790 RESOLUTION NO. 3583 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-85) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2000-35) TO ALLOW THE EXP ANSION OF AN EXISTING LIQUOR STORE (FREDDIES LIQUORS) BY APPROXIMATELY 2,226 SQUARE FEET IN ORDER TO ACCOMMODATE A DELICATESSEN AND THE EXPANSION OF THE LIQUOR STORE ON PROPERTY OWNED BY WING CENTER LOCATED AT 1581 W. CAMPBELL AVENUE IN A C-I-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF KAHLON ENTERPRISES, INC. FILE NO.: PLN2004-85. 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 PLN2004-85: 1. The proposed liquor establishment with a general off-sale liquor license, incidental retail grocery sales and delicatessen is consistent with the commercial land use designation of the General Plan and the C-I-S (Neighborhood Commercial) zoning designation for the site with approval of a Use Permit. 2. The proposed expanded liquor establishment is a commercial use to be located in a commercial tenant space within an existing commercial shopping center and is compatible with the surrounding commercial businesses within the shopping center and the surrounding uses within the neighborhood. 3. The proposed expanded liquor establishment, with a general off-sale liquor license, will not result in an over-concentration of such uses in the area. 4. The proposed expanded liquor establishment, with a general off-sale liquor license, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 5. The proposed expanded liquor establishment, with a general off-sale liquor license, will not significantly disturb the peace and enjoyment of any nearby residential neighborhoods. 6. The proposed expanded liquor establishment, with a general off-sale liquor license, will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Reso._.ion No. 3583 PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors Page 2 1. The expansion and continued operation of a liquor store with a general off-sale liquor license, incidental retail grocery sales and delicatessen will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the expanded 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. 2. The subject site is adequate in size and shape to accommodate the proposed expanded use within the surrounding area. 3. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed project is compatible with the adjacent land uses and the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing liquor store (Freddies Liquors) by approximately 2,226 square feet in order to accommodate a delicatessen and the expansion of the liquor store on property owned by Wing Center located at 1581 W. Campbell Avenue in a C-I-S (Neighborhood Commercial) Zoning District, subject to the following conditions. 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 1. Approved Project: Approval is granted for a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing 2,650 square foot liquor store by 2,226 for a total of 4,876 square feet with a general off-sale liquor license, incidental retail grocery sales and delicatessen within a commercial tenant space located in a commercial shopping center at 1581 W. Campbell Avenue. Approval shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: A. Site plan of the shopping center indicating the proposed liquor store location B. Building floor plan indicating location of the proposed liquor store tenant space Planning Commission Resv._Lion No. 3583 PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors Page 3 C. Conceptual floor plan for the liquor store, including a delicatessen. D. Applicants' letter of request dated August 4,2004 2. Hours of operation: 8:00 a.m. to 11 :00 p.m., Monday - Sunday (7 days a week). 3. Incidental Retail Grocery Sales: Incidental retail grocery sales are limited to non-perishable food and grocery items. 4. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening rnaterial and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. 5. Alcohol Beverage Control: The applicant shall obtain all licenses and approvals as required by the State Department of Alcohol and Beverage Control, prior to the sale of alcoholic beverages in conjunction with this Use Permit. 6. Business Operation. The applicant shall operate and maintain this use in a manner, which is not objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell or State of California standards, codes and ordinances shall be grounds for revocation of the Use Permit. 7. Signs: Any proposed signs on site shall require approval of Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit is issued. Building: Division 8. Permits Required: A building permit application shall be required for the proposed modifications to the (e) commercial structure to allow for creation of the new delicatessen use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 11. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. Planning Commission Reso. .!On No. 3583 PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors Page 4 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 13. TITLE 24 Energy Compliance: California Title 24 Energy Standards Compliance fonns shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning ofthe building envelope and lighting of the building. 14. Special Inspections: When a special inspection is required by UB.c. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 15. Non- Point Source Measures: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 16. TITLE 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 17. TITLE 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 18. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health Planning Commission Resol~.lon No. 3583 PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors Page 5 PASSED AND ADOPTED this 14th day of September, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: George Doorley, Chair ATTEST: Sharon Fierro, Secretary -\.~. 0"- . CAlI1p6> !:: <;- U r- 0 0 .. "- 1- ... <' ,,' 'O~CH^"Q' ITEM NO.2 STAFF REPORT - PLANNING COMMISSION MEETING OF September 14, 2004 PLN2004-85 Kahlon Enterprises Public Hearing to consider the application of Kahlon Enterprise, Inc. for a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing liquor store (Freddies Liquors) by approximately 2,226 square feet in order to accommodate the expansion of the liquor store, a new delicatessen and wine tasting on property owned by Wing Center located at 1581 W. Campbell Avenue, Units Nand Q, in a C-1-S (Neighborhood Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission takes the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing liquor store (Freddies Liquors) by approximately 2,226 square feet, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301 class l(a) (Existing Facilities) of the California Environmental Quality Act. PROJECT DATA Shopping Center Site Area: 134,016 square feet 3.07 acres Liquor store tenant space: 2,650 existing 2,226 proposed 4,876 total sq. ft. Number of Employees: 3 employees Hours of Operation: 8:00 a.m. to 11 :00 p.m., seven days a week DISCUSSION Backg:round: The applicants are proposing to expand their existing liquor store, Freddie's Liquors, which moved to this location at 1581 West Campbell Avenue from its previous location at 1470 West Campbell Avenue in 2000. Freddie's Liquors now seeks to occupy the adjacent tenant space (Unit Q) previously occupied by Campbell Baking Company and modify its original Use Permit (PLN2000-35) in order to expand its operations to include additional retail liquor sales space, a new delicatessen and wine tasting. Staff Report - Planning Cvd1mission Meeting of September 14, 20v'T PLN2004-85-1581 W. Campbell Avenue Page 3 of 3 Incidental Retail Grocery Sales: The applicants intend to continue operation of the liquor store as it is currently being operated while adding incidental retail grocery sales and a new delicatessen and wine tasting area. Incidental retail grocery sales entail sales of non-perishable items such as candies, sodas, snacks and minor household items, such as toilet and tissue paper. Hours of Operation: The hours of operation for the liquor store with incidental grocery sales, a delicatessen and wine tasting are 8:00 a.m. to 11 :00 p.m., seven days a week. These hours of operation are allowable per the C-I-S Zoning Ordinance and typical of commercial uses in the district. Expansion of Use: The proposed expansion of the liquor store will occupy existing commercial space within the existing building area and no architectural changes to the exterior of the building are proposed. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections regarding the establishment of a liquor store at this location. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application given that no design changes are proposed with the request. Attachments: 1. Findings for Approval of a Conditional Use Permit (PLN 2004-85) 2. Conditions of Approval for the Conditional Use Permit (PLN 2004-85) 3. Resolution No. 3274 approving original Use Permit (PLN2000-35) 4. Letter from the Applicant 5. Exhibits (Site Plan, Floor Plan and Photos) 6. Liquor Establishments with Vicinity 7. Location Map Prepared by: ~~ Tim J. Hal, Associate Planner Approved by: Attachment # 1 FINDINGS FOR APPROV AL OF FILE NO. PLN2004-85 SITE ADDRESS: APPLICANT: P.C. MEETING: 1581 W. Campbell Avenue Kahlon Enterprise, Inc. September 14, 2004 Findings for Approval of a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to aliIDYJ.he expansion of a liquor store with a general off-sa~ license, incidental retail grocery sales, delicatessen and wine tasting The Planning Commission finds as follows with regard to File No. PLN2004-85: 1. The proposed liquor establishment with a general off-sale liquor license, incidental retail grocery sales, delicatessen and wine tasting is consistent with the commercial land use designation of the General Plan and the C-I-S (Neighborhood Commercial) zoning designation for the site with approval of a Use Permit. 2. The proposed expanded liquor establishment is a commercial use to be located in a commercial tenant space within an existing commercial shopping center and is compatible with the surrounding commercial businesses within the shopping center and the surrounding uses within the neighborhood. 3. The proposed expanded liquor establishment, with a general off-sale liquor license, will not result in an over-concentration of such uses in the area. 4. The proposed expanded liquor establishment, with a general off-sale liquor license, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 5. The proposed expanded liquor establishment, with a general off-sale liquor license, will not significantly disturb the peace and enjoyment of any nearby residential neighborhoods. 6. The proposed expanded liquor establishment, with a general off-sale liquor license, will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The expansion and continued operation of a liquor store with a general off-sale liquor license, incidental retail grocery sales, delicatessen and wine tasting will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the expanded 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. 2. The subject site is adequate in size and shape to accommodate the proposed expanded use within the surrounding area. Findings for Approval-l'wnning Commission Meeting ofSeptemtJ~r 14, 2004 PLN 2004-85 -1581 W. Campbell Avenue Page 2 3. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed project is compatible with the adjacent land uses and the surrounding neighborhood. Attachment #2 PLANNING COMMISSION CONDITIONS OF APPROV AL FOR FILE NO. PLN2004-85 SITE ADDRESS: 1581 W. Campbell Avenue APPLICANT: Kahlon Enterprise, Inc. P.C. MEETING: September 14, 2004 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. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted for a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing 2,650 square foot liquor store by 2,226 for a total of 4,876 square feet with a general off-sale liquor license, incidental retail grocery sales, delicatessen and wine tasting within a commercial tenant space located in a commercial shopping center at 1581 W. Campbell Avenue. Approval shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: A. Site plan of the shopping center indicating the proposed liquor store location B. Building floor plan indicating location of the proposed liquor store tenant space C. Conceptual floor plan for the liquor store, including a delicatessen and wine tasting area D. Applicants' letter of request dated August 4, 2004 2. Hours of operation: 8:00 a.m. to 11 :00 p.m., Monday - Sunday (7 days a week). 3. Incidental Retail Grocery Sales: Incidental retail grocery sales are limited to non-perishable food and grocery items. 4. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. 5. Alcohol Beverage Control: The applicant shall obtain all licenses and approvals as required by the State Department of Alcohol and Beverage Control, prior to the sale of alcoholic beverages in conjunction with this Use Permit. 6. Business Operation. The applicant shall operate and maintain this use in a manner, which is not objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell or State of California standards, codes and ordinances shall be grounds for revocation of the Use Permit. Conditions of Approval- r lanning Commission Meeting of Septemuer 14, 2004 PLN 2004-85 -1581 W. Campbell Avenue Page 2 7. Signs: Any proposed signs on site shall require approval of Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit is issued. Building Division 8. Permits Required: A building permit application shall be required for the proposed modifications to the (e) commercial structure to allow for creation of the new delicatessen use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 11. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 13. TITLE 24 Energv Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 14. Special Inspections: When a special inspection is required by D.B.c. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 15. Non- Point Source Measures: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 16. TITLE 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. Conditions of Approval- rlanning Commission Meeting ofSeptemoer 14,2004 PLN 2004-85 -1581 W. Campbell Avenue Page 3 17. TITLE 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 18. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. b. West Valley Sanitation District Santa Clara County Fire Department Santa Clara County Department of Environmental Health c. Li uor Establishments within Vicini Business 1. Ta ueria Los Percicos 2. Bi Lots 3. Furi-Sato Ja anese Restaurant 4. Sushi Zone 5. Nob Hill Foods 6. Stuff Pizza 7. Haw s Seafood 8. Ca er's Eat and Drink 9. British Foods 10. Lon's Dru s License T e Beer and Wine Ii uor license Beer and Wine Ii uor license Beer and Wine Ii uor license Beer and Wine Ii uor license General off-sale Ii uor license Beer and Wine Ii uor license Beer and Wine Ii uor license General on-sale Ii uor license Beer and Wine Ii uor license Beer and Wine Ii uor license Attachment #3 RESOLUTION NO. 3274 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2000-35) TO ALLOW THE ESTABLISHMENT OF A LIQUOR STORE WITH INCIDENTIAL GROCERY SALES WITHIN A SHOPPING CENTER LOCATED ON PROPERTY AT 1581 W. CAMPBELL AVENUE IN A C-l-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF BHOPINDER & NARINDER SANDHu. FILE NO. PLN2000-35. 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 PLN2000-35: I. The proposed liquor establishment with a general off-sale liquor license and incidental retail grocery sales is consistent with the commercial land use designation of the General Plan and the C-l-S (Neighborhood Commercial) zoning designation for the site with approval of a Use Permit. 2. The proposed liquor establishment is a commercial use to be located in a commercial tenant space within a commercial shopping center and is compatible with the surrounding commercial businesses within the shopping center and the surrounding uses within the neighborhood. 3. The proposed liquor establishment, with a general off-sale liquor license, will not result in an over-concentration of such uses in the area. 4. The proposed liquor establishment, with a general off-sale liquor license, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 5. The proposed liquor establishment, with a general off-sale liquor license, will not significantly disturb the peace and enjoyment of any nearby residential neighborhoods. 6. The proposed liquor establishment, with a general off-sale liquor license, will not significantly increase the demand on city services. ., , Planning Commission Reso.-.lOn No. 3274 PLN2000-35 (UP) - 1581 W. Campbell Avenue - Freddie's Liquors Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The establishment and operation of a liquor store with a general off-sale liquor license and incidental retail grocery sales will aid in the enhancement and the harmonious development of the immediate area. 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. 2. The subject site is adequate in size and shape to accommodate the proposed use within the surrounding area. 3. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed project is compatible with the adjacent land uses and the surrounding neighborhood. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 I. Approved Project: Approval is granted for a Use Permit (PLN2000-35) to allow the establishment of a 2,650 square foot liquor store with a general off-sale liquor license and incidental retail grocery sales within a commercial tenant space located in a commercial shopping center at 1581 W. Campbell Avenue. Approval shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: A. Site plan of the shopping center indicating the proposed liquor store location B. Building floor plan indicating location of the proposed liquor store tenant space C. Conceptual floor plan for the liquor store D. Applicants' letter of request dated March 6,2000 2. Hours of operation: 6:00 a.m. to 11 :00 p.m., Monday - Sunday (7 days a week). 3. Incidental Retail Grocery Sales: Incidental retail grocery sales are limited to non-perishable food and grocery items. No perishable foods such as fruits or vegetables are permitted to be sold on the premises. .". . Planning Commission ResoJw,¡on No. 3274 PLN2000-35 (UP) - 1581 W. Campbell Avenue - Freddie's Liquors Page 3 4. Building Division Requirements: A. Permits Required: A building permit application shall be required for the proposed tenant improvement of the structure. The building permit shall include electrical/plumbing/mechanical fees when such work is part of the permit. B. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Plans shall be prepared under the direction of a licensed architect or engineer. C. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches X 36 inches. D. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-l Rand MF-l R shall be blue-lined on the construction plans. E. Title 24 Accessibilitv-Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. F. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell 20% exemption form on submitted construction plans. Form is available at Building Division service counter. G. Approvals Required: The project requires Santa Clara County Fire Department approval prior to issuance of building permits. 5. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. 6. Alcohol Beverage Control: The applicant shall obtain all licenses and approvals as required by the State Department of Alcohol and Beverage Control, prior to the sale of alcoholic beverages in conjunction with this Use Permit. 7. Business Operation. The applicant shall operate and maintain this use in a manner which is not objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell or State of California standards, codes and ordinances shall be grounds for revocation of the Use Permit. 8. Signs: Any signs to be proposed to be erected on site shall require approval of Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit is issued. . -- , Planning Commission ResoiuLÍon No. 3274 PLN2000-35 (UP) - 1581 W. Campbell Avenue - Freddie's Liquors Page 4 PASSED AND ADOPTED this 25th day of April, 2000, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom. Lowe None None None APPROVE~4~ ¡(J.~ Eliza eth Gibbons, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: ~V^- ~~ Sharon Fierro, Secretary . 8' , Attachment #4 Date: Aug 4,2004 CITY OF CAMPBELL CAMPBELL CA 95008 FlI: C II IJ/E 0 AUG 0 4 CITY 2004 PLAgkZ~MD~BfLL I.;Pr. Darshan Singh Kahlon Dba Freddies Liqour 1581 W Campbell Ave Campbell CA 95008 Sub: To grant the permission to expand our liqour store to unit Q and for permission to open up deli and wine tasting room. Dear Sir, We are doing bussiness at 1581 w campbell ave as Freddies liqour. As of now we have 2650. sq ft of the space in building. We currently occuping suite N, in the building. There was campbell bread company in suite # Q. They have a deli in there portion.That space is about 2226 sq feet. We wish to expand liqour store in unit Q. The space in unit Q will be used to put up a deli, to put new wine displays and storage.We also want to have a wine tasting room so that costomers cant taste but they going to take home. Community has been looking for some place where they taste wines. We will be open only in regular hour from 8 am to 11 pm. We want to expand our liqour so that we can serve our community better. Also this will give us more room so that everything will not look congested in store. We will try our best to make this corner side to look nice and beautiful. We will be not adding any kind of new traffic. We will appreciate your cooperation to this matter. We will be very thankful to you. We will put our 100% effort to make this liqourstore nice and clean and to serve the community our best. Darshan Singh 1581 w campbell ave # n ca. .mPbe~6~ 95008 ~~~/f1J d¡ . CA<11 . ';'<9 f:: ~ - r- U r CAMPBELL A "- -S- "- " C' '0 . RCH All" r-- ~ CITY OF CAMPBELL u Community Development Department September 3, 2004 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, September 14, 2004, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Kahlon Enterprise, Inc. for a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing liquor store (Freddies Liquors) by approximately 2,226 square feet in order to accommodate a delicatessen and the expansion of the liquor store and to include wine tasting on property owned by Wing Center located at 1581 W. Campbell Avenue, Units Nand Q, in a C-1-S (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2004-85 Address: 1581 W. Campbell Avenue 70 North First Street. Campbell, California 95008-1436 III. 408.866.2140 . LAX 408.871.5140 . fl)1J 408.866.2790 d . CAIJ-j . Þ<9 f:: ~ - ,... U r A. "- --> "- -" C' 'ORCHAIlO. ..------ ._~~- CITY OF CAMPBELL Community Development Department August 17, 2004 Re: PLN2004-85 - 1581 W. Campbell Avenue - Modification to Use Permit Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meeting: Planning Commission Meeting Date: Tuesday, September 14, 2004 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell CAMPBELL 1- '-. u Should you have any questions or comments, please do not hesitate to contact me at (408) 866-2140. f~+r Tim J. Haley Associate Planner cc: Kahlon Enterprise, Inc. (Applicant) dba Freddies Liquor 1581 W. Campbell Avenue Campbell, CA 95008 Wing CenterlRitchie Asset Management (Property Owner) 35 W. Santa Clara Street San Jose, CA 95113 70 North First Street. Campbell, California 95008~1436 . TEL 408.866.2140 . FAX 408.871.5140 . TI) ) 408.866.2790 July 21, 2004 Mr. Darshan Singh Kahlon Kahlon Enterprises, Inc. dba Freddies Liquors 1581 W. Campbell Avenue, #N Campbell, CA 95008 Re: Modification to Use Permit File No.: PLN2004-85 -1581 W. Campbell Ave., Suite Q Dear Mr. Kahlon: The Planning Division has reviewed your application for a Modification to your previous Use Permit Approval for the expansion of your business. Your application has been deemed incomplete. The following information and details are needed to complete your application: 1. Floor Plan: Please provide a floor plan that delineates how the business space will be used .. The floor plan needs to review both existing and proposed square footages. If you have any questions regarding these comments, please contact me at (408) 866-2144 or by email at timh@citvofcampbell.com. Tim J. Haley Associate Planner cc: Geoff Bradley, Senior Planner 70 North First Street Campbell, California 95008-1436 TEL 408.866.2 t 40 f'AX 408.871.5140 T[) ) 408.866.2790 Date: July 7,2004 CITY OF CAMPBELL CAMPBELL CA 95008 Darshan Singh Kahlon Dba Freddies Liqour 1581 W Campbell Ave Campbell CA 95008 Sub: To grant the permission to expand our liqour store to unit Q and for permission to open up deli. Dear Sir, We are doing bussiness at 1581 w campbell ave as Freddies liqour. As of now we have 2650. sq ft of the space in building. We currently occuping suite N, in the building. There was campbell bread company in suite # Q. They have a deli in there portion.That space is about 2226 sq feet. We wish to expand liqour store in unit Q. The space in unit Q will be used to put up a deli, to put new wine displays and storage.We will be open only in regular hour from 8 am to 11 pm. We want to expand our liqour so that we can serve our community better. Also this will give us more room so that everything will not look congested in store. We will try our best to make this corner side to nice and beautiful. We will be not adding any kind of new traffic. We will appreciate your cooperation to this matter. We will be very thank ful to you. We will put our 100% effort to make this liqourstore nice and clean and to serve tpe community best. ~;~~/?I¥ Darshan Singh 1581 w campbell ave # n Campbell CA 95008 408-378-0666 ~ 0'" . CAIJ.t . Þ<9 f:: ~ - r" U r CAMPBELL A "- -5- '-- ¿- C' '0 . RCHA"-O ----- ~ u CITY OF CAMPBELL Community Development Department June 2, 2004 Mr. Darshan Singh Freddie's Liquors 1581 W. Campbell Avenue, Suite N Campbell, CA 95008 Subject: P RE2004-33 1581 W Campbell Avenue, Suite N Liquor Store Modification Dear Mr. Singh, Thank you for your pre-application submittal for the expansion of an existing liquor store into an adjacent retail space of approximately 2,600 square feet on the referenced property. The referenced property is zoned C-l-S (Neighborhood Commercial) zoning district and is shown as a Neighborhood Commercial land use on the city's General Plan. A Modification to Conditional Use Permit will be required to expand your business at this location. Liquor establishments are typically pennitted within commercial districts subject to approval of a Conditional Use Pennit. A Conditional Use Permit is a mechanism, whereby the Planning Commission may consider uses on a case by case basis at a public hearing and may impose conditions to ensure compatibility with neighboring uses. The processing time for such an application is 45 to 60 days. An application has been enclosed for your consideration. An application has been enclosed. The Community Development Department is supportive of your proposed use as described at this location. This conclusion is based upon a Eroding that adequate parking is provided and that the intensity of the proposed use may be accommodated with existing on-site improvements. Your requested was routed to the Building Division, the Fire Department, the Police Department and the Public Works Department. I have attached comments trom the Building Division for your infonnation. No conditions or comments were received trom the other reviewing departments. If you should have any questions regarding this detennination, please contact me at (408) 866-2144. ~+.y Tim Haley Associate Planner Encl: Comments Building Division, May 19,2004 cc: Wing Don Investment Co., c/o Ritchie Asset Management Co., 1581 W. Campbell Avenue, Campbell, CA 95008 Bill Bruckart, Building Official GeoffBradley, Senior Planner 70 North First Street Campbell, California 95008-1436 . TEL 408.866.2140 FAX 408.871.5140 TOD 408.866.2790 Oat. May 14, 2004 liqour store expension Dear Sir, We are doing bussiness at 1581 w campbell ave as Freddies liqour. As of now we have 2650. sq ft of the space in building. We currently occuping suite N,O,P in the building. There is campbell bread company in suite # Q. They have a deli in there portion.That space is about 2226 sq feet. We wish to remove the partiton wall which separate us from the suite # Q.This wall is partition wall only. This wall is a non bearing wall.By removing the we want to make whole space a liqour store with a deli in it. The space in already existing liqour store going to be used as it is. We not going to put any new cooler in building. The new space we are going to add, will be staying as it is. We going to use the space in that building mainly for the deli and display of our products. We are not planning to do any change in that building either. Mainly only thing separating us from the next door is the partition wall. which we want to take out to merge the space in suite Q into one freddies liqour. Thank you. _Your trUIY;¡(;..} l l-/..;. 7,Þ'/",/'r..-. c .4. "'. '. ~ '/ Darshan Singh 1581 w campbell ave # n Campbell CA95008 408-378-0666 '>'..