Use Permit - Freddies - 2000CITY OF CAMPBELL
Community Development Department · Current Planning
State of California
Department of Alcoholic Beverage Control
100 Paseo de San Antonio, #119
San Jose, CA 95113
Atto: Mr. Roman Alvarez
June 5, 2000
RE: PLN 2000-35- 1581 W. Campbell Avenue
Dear Mr. Alvarez:
The Planning Commission, at its meeting of April 25, 2000 adopted Resolution No. 3274 approving a
Conditional Use Permit (PLN 2000-35) to allow the establishment of a liquor store with a general off-sale liquor
license and incidental retail grocery, sales located at 1581 W. Campbell Avenue.
The Planning Commission is designated as the body within the City of Campbell to make a determination
regarding the public convenience and necessity for liquor licenses within the City.
The Planning Commission, upon approving the Conditional Use Permit (PLN 2000-35), concluded that such an
establishment would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons
residing or working in the respective neighborhoods. Based upon this action, the City of Campbell does not
oppose the continued processing of this application through the Department of Alcoholic Beverage Control.
Should you have any questions regarding the above-referenced information or need additional informahon,
please do not hesitate to contact me at the Community Development Department at (408) 866-2142.
Sincerely,
Aki Irani
Planner I
Enclosure
CC: Bhopinder and Narinder Sandhu
File
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
County of Santa Clara
Office of the County Clerk-Recorder
70 West H~ding Strut
~n Jo~. ~lifomia 951 lO
NAME OF LEAD AGENCY:
NAME OF APPLICANT:
_ ,
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
*ENVIRONMENTAL DECLARATION
FOR COURT USE ONLY
( ) NOTICE OF PREPARATION
--NO FEE--
( ~') NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
--NO FEE--
NOTICE OF DETERMINATION
( )
A--NEGATIVE DECLARATION PURSUANT TO SECTION 21080(C) OF THE PUBLIC
RESOURCES CODE
$1,250.00 (Twelve Hundred Fifty Dollars)--STATE FILING FEE
( )
$25.00 (Twenty-Five Dollars)--CLERK FEE
B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE--
NOTICE OI~ DETERMINATION
( )
A--ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21152 OF THE
PUBLIC RESOURCES CODE
$850.00 (Eight Hundred Fifty Dollars) --STATE FILING FEE
$25.00 (Twenty-Five Dollars)--CLERK FEE
( ) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE--
*THIS FORM MUST BE COMPLETED AND FILED WITH ALL ENVIRONMENTAL DOCUMENTS FILED
WITH THE SANTA CLARA COUNTY CLERK-RECORDER'S OFFICE,
MAKE CHECKS PAYABLE TO: COUNTY CLERK-RECORDER
Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pele MCHugh, James T. Beall Jr.. S. Joseph Simifian
County Executive: Richard Wittenberg
865 5
~.o~' ~%. F IL E D City of Campbell
'~~ O0 HAY -8 AH 8:05 zo N. First Street
,o~~~-o~ o Campbell CA 95008
'~ " BRF}4DA @A~__ (408) 866-2140
To: ~ Office ofPla~mg & Rese~ch ~Co~, Clerk's Office
1400 Ten~ S~ee; Room 121 ~ S~ta Cl~a Co~
Sacrmento, CA 95814 70 W. Hed~g, 1st Floor, East W~g
S~ Jose, CA 95110
(3 copies & cover sheet filled out by pla~er)
Project Title:
Project Location-Specific:
Project Location - City: Campbell Project Location - County: Santa Clara County
DescriptionofProject: ~ ~f'g]~'~ DiD ~I[/P/Q
Name of Public Agency Approving Project: ~N
~am~ o~P~r~o~ or ~y ~a~ O~tP,oj~,:
Exempt Smms (check one)
~ M~tefial (Sec. 21080(b)(1); 15268);
~ Declared Emergency (Sec. 21080(b)(3); 15269(a);
~mergency ~oject (Sec. 21080(b)(4); 15269~)(c);
~ Categorical Exemption. State ~e and section nmber:
~ Smmtow Exemptions. State code nmber:
R~asons w~y project is exempt: ~ ~rrm;¢
Lead Agency Contact Person: ~[' ~. ~ n i Phone (408)866-2140
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? (~) YES O NO
Date Received for filing at OPR:
C) Signed by Applicant
CITY OF CAMPBELL
Community Development Department · Current Planning
April 27, 2000
Bhopinder & Narinder Sandu
Freddie's Liquors
1470 W. Campbell Avenue
Campbell, CA 95008
Re: PLN2000-35 - 1581 W. Campbell Avenue
Dear Applicants:
Please be advised that the Planning Commission, at its meeting of April 25, 2000, adopted
Resolution No. 3274 granting a Conditional Use Permit to allow the establishment of a liquor
store (Freddie's Liquors) with incidental grocery sales within a shopping center on the above-
reference property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The time
within which judicial review of this decision must be sought is governed by California Code of
Civil Procedure, Section 1094.6.
If you have any questions, do not hesitate to contact me at (408) 866-2144.
Sincerely,
Aki Irani
Planner I
cc:
Harold Housley, Public Works Department
Frank Mills, Building Division
Wayne Hokanson, Santa Clara County Fire Department
Wing H. Don Investment Company (Property Owner)
C/o Ritchie Asset Management Company
34 W. Santa Clara Street
San Jose, CA 95113-1806
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · ~^X 408.866.8381 · TOO 408.866.2790
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-1-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:
o
°
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- 1-S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
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.
The proposed liquor establishment, with a general off-sale liquor license, will not result in an
over-concentration of such uses in the area.
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.
The proposed liquor establishment, with a general off-sale liquor license, will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
The proposed liquor establishment, with a general off-sale liquor license, will not
significantly increase the demand on city services.
Planning Commission R~,oolution 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:
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
1. Approved Proiect: 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).
o
Incidental Retail Groceu 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 Rco,,lution 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-IR and
MF-1R shall be blue-lined on the construction plans.
E. 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.
F. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall bluedine 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.
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.
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.
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.
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 Rc~olution 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:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Hernandez, Jones, Keams, Lindstrom,
Lowe
None
None
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
Planning Commission Minutes of April 25, 2000 Page 7
Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2.
Ms. Susanne Waher, 1381 Estrellita:
· Commended the Planning Commission for the houses that have been approved recently along
Walters Avenue.
· Stated that she is impressed with this plan and encouraged by this project.
Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2.
Commissioner Lindstrom asked if the SARC requirements have been met.
Commissioner Lowe advised that the applicant was supportive of the request for changes to the
garage door and implemented the change in his plans.
Commissioner Keams expressed surprise that the garage door would be metal rather than wood.
Chairperson Gibbons advised that metal is the industry standard.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Hernandez,
the Planning Commission adopted Resolution No. 3273 granting a Site and
Architectural Approval (PLN2000-28) to allow the construction of a new
single-family residence on property located at 1667 Walters Avenue in an R-
1-9 (Single Family Residential) Zoning, by the following roll call vote:
AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Gibbons advised that this approval is final unless appealed in writing to the City
Clerk within 10 days.
Chairperson Gibbons read Agenda Item No. 3 into the record.
3. PLN2000-35
Sandu, B & N
Public Hearing to consider the application of Bhopinder &
Narinder Sandu, on behalf of Freddie's Liquors, for approval of
a Conditional Use Permit (PLN2000-35) to allow the
establishment of a liquor store on property located at 1581 W.
Campbell Avenue in a C-1-S (Neighborhood Commercial)
Zoning District. This project is Categorically Exempt. Planning
Commission decision final, unless appealed in writing to the
City Clerk within 10 days.
Planning Commission Minutes of April 25, 2000 Page 8
Ms. Aki Irani, Planner I, presented the staff report as follows:
· Advised that the applicants are seeking a Conditional Use Permit to relocate their liquor store
to 1581 W. Campbell Avenue.
· Included is a general off-sale liquor license with incidental grocery sales.
· The project site is on the northwest portion of Campbell Avenue, north of San Tomas Aquino
Road, behind the gas station.
· The Zoning is C-1-S (Neighborhood Commercial).
· The General Plan designation is Commercial.
This proposal is consistent with both the General Plan and Zoning designation.
· The tenant space is 2,650 square feet and includes non-perishable items.
· Hours of operation are 8 a.m. to 11 p.m.
· Campbell Police have no concerns or objections to this business.
· No site changes are proposed so SARC did not review this project.
· Staff is supportive and recommends that the Commission approve this project.
Commissioner Hemandez questioned the operational hours, stating that in the conditions of
approval the starting time is listed as 6 a.m. instead of 8 a.m.
Ms. Aki Irani clarified that operational hours allowed for businesses are from 6 a.m. to 11 p.m.
without need of a Use Permit. This business will open at 8 a.m. but can work within their store
beginning at 6 a.m.
Commissioner Francois clarified that this business will encompass two tenant spaces at the Wing
Center, located between the bakery and the cleaners.
Commissioner Lindstrom advised the Commission that this is an existing business (Freddie's
Liquors) that is simply relocating across the street after having lost their lease. Therefore, it does
not result in an added liquor store in the area.
Chairperson Gibbons sought clarification that no signs are included in this application.
Ms. Aki Irani replied that that assumption is correct.
Chairperson Gibbons opened the Public Hearing for Agenda Item No. 3.
Chairperson Gibbons closed the Public Hearing for Agenda Item No. 3.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner Kearns,
the Planning Commission adopted Resolution No. 3274 approving a
Conditional Use Permit (PLN2000-35) to allow the establishment of a liquor
store with general off-sale liquor sales on property located at 1581 W.
Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District,
by the following roll call vote:
Planning Commission Minutes of April 25, 2000
AYES: Francois,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Hernandez, Gibbons, Jones, Kearns,
Page 9
Lindstrom,
Chairperson Gibbons advised that this approval is final unless aPpealed in writing to the City
Clerk within 10 days.
Chairperson Gibbons read Agenda Item No. 4 into the record.
PLN2000-36
Munteanu, A.
Public Hearing to consider the application of Mr. Adrian
Munteanu for a Site and Architectural Approval (PLN2000-36)
to allow the construction of a new single-family residence on
property located at 1146 Steinway Avenue in an R-l-10 (Single-
Family Residential) Zoning District. This project is
Categorically Exempt. Planning Commission decision final,
unless appealed in writing to the City Clerk within 10 days.
Ms. Aki Irani, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking approval for a new two-story single-family residence on
the south side of Steinway Avenue, east of Burrows Road and west of Virginia Avenue.
The proposed density is 3.9 which is higher than the standard of 3.5 and the lot is legal non-
conforming.
Otherwise the project is consistent with the General Plan, Zoning Designation and the San
Tomas Area Neighborhood Plan.
· The project consists of a 3,560 square foot house, 460 square foot, two-car garage and a 200
square foot, one-car garage.
· The architecture is a contemporary Mediterranean style with clay tile roofing.
· No trees will be removed from the site and four new trees will be added, one new tree for
each 1,000 square feet of space.
· Staff recommends approval of this project.
Commissioner Kearns asked what the standards are for improvements on this street.
Ms. Aki Irani advised that this is a transition area from one with just rolled curbs to one with full
improvements. The Public Works Department is undecided at this time as to what level of
improvements will be required at this site.
Chairperson Gibbons asked staff to incorporate the standard Building Department Conditions of
Approval from the Walters Avenue report to this project as well.
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-1-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:
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- 1 -S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
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 Resolution 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:
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
1. 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).
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 Resolution No. 3274
PLN2000-35 (UP) - 1581 W. Campbell Avenue - Freddie's Liquors
Page 3
o
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-1R and
MF-1R shall be blue-lined on the construction plans.
E. 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.
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.
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.
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.
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.
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 Resolution 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:
NOES:
ABSENT:
ABSTAIN':
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Hemandez, Jones, Keams, Lindstrom,
Lowe
None
None
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
ITEM NO. 3
STAFF REPORT - PLANNING COMMISSION MEETING OF
APRIL 25, 2000
PLN2000-35
Sandhu, B. & N.
Public Hearing to consider the application of Bhopinder and Narinder
Sandhu for approval of a Conditional Use Permit (PLN2000-35) to allow
the establishment of a liquor store with incidental grocery sales within a
shopping center located on property at 1581 W. Campbell Avenue in a
C-1-S (Neighborhood Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Use Permit (PLN2000-
35) to allow the establishment of a liquor store with a general off-sale liquor license and
incidental grocery sales, subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15321 Class 21(a) of the California
Environmental Quality Act; therefore, no environmental action is required.
PROJECT DATA
Shopping Center Site Area:
Liquor store tenant space:
Number of Employees:
Hours of Operation:
134,016 square feet 3.07 acres
2,650 square feet
3 employees
8:00 a.m. to 11:00 p.m., seven days a week
DISCUSSION
Applicant's Proposal: The applicants are requesting approval of a Conditional Use Permit
(PLN2000-35) to allow the establishment of a liquor store with a general off-sale liquor license
and incidental retail grocery sales within a tenant space in a shopping center located at 1581 W.
Campbell Avenue. The shopping center is located on the northwest comer of N. San Tomas
Aquino Road and W. Campbell Avenue. The tenant space is located in the building behind the
gas station on the comer of N. San Tomas Aquino Road and W. Campbell Avenue. The
shopping center is surrounded by commercial uses to the east across N. San Tomas Aquino
Road, west and south across W. Campbell Avenue, and by professional office uses to the north.
Background: The applicants are proposing to move their existing liquor store, Freddie's Liquors,
from its current location approximately at the southeast comer of N. San Tomas Aquino Road
and W. Campbell Avenue located at 1470 W. Campbell Avenue.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
commercial. The proposed general off-sale liquor service and incidental retail grocery sales are
consistent with the commercial land use designation of the site.
Staff Report - Planning Commission Meeting of April 25, 1999
PLN2000-35 - 1581 W. Campbell Avenue
Page 2
Zoning Designation: The zoning designation for the project site is C-1-S (Neighborhood
Commercial). A liquor store establishment with a general off-sale liquor license and incidental
retail grocery sales is permitted within the C-1-S zone with approval of a Conditional Use
Permit.
Conditional Use Permit
General Off-Sale Liquor License: The applicants are requesting approval of a general off-sale
liquor license to allow the establishment of a liquor store. The liquor store will be located in a
2,650 square foot commercial tenant space in the shopping center surrounded by other
commercial tenants. A condition of approval has been added to ensure that the applicant obtains
necessary approvals as required by the State Department of Alcohol & Beverage Control.
Incidental Retail Grocery Sales: The applicants intend to continue operation of the liquor store
as it is currently being operated with incidental retail grocery sales. 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 are
8:00 a.m. to 11:00 p.m., seven days a week. These hours of operation are allowable per the C-1-
S Zoning Ordinance.
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 PLN2000-35
2. Conditions of Approval for PLN2000-35
3. Letter of Request by the applicants
4. Exhibits
5. Location Map
Prepared by:
Aki R. Irani, Planner I
Approved by: ,~~-A,O'~ '~~'~''
Sharon Fierro, Interim Community Development Director
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2000-35
SITE ADDRESS: 1581 W. Campbell Avenue
APPLICANT: Bhopinder & Narinder Sandhu
P.C. MEETING: April 25, 2000
Findings for Approval of a Use Permit (PLN2000-35) to allow the establishment of a liquor
store with a general off-sale liquor license and incidental retail grocery sales
The Planning Commission finds as follows with regard to File No. PLN2000-35:
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-1-S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
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.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
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.
Findings - Planning Commission Meeting of April 25, 1999
PLN2000-35 - 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 APPROVAL FOR FILE NO. PLN2000-35
SITE ADDRESS: 1581 W. Campbell Avenue
APPLICANT: Bhopinder and Narinder Sandhu
P.C. MEETING: April 25, 2000
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 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).
o
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.
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-IR and
MF-1R shall be blue-lined on the construction plans.
E. 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 - Planning Commission Meeting of April 25, 1999
PLN2000-35- 1581 W. Campbell Avenue
Page 2
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.
o
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.
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.
o
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.
o
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.
06 March 6, 2000
Attachment ~3
To,
City Commissioner
City of Campbell
California
Re: Pre-Application Review for Freddie's Liquors
Dear Sir,
This is regarding our Store, Freddie's Liquors, which is at 1470 W.Campbell Ave Campbell, CA-95008, since last
40 Years. ! brought that store 3 Years. The previous owners of the store they misguide me about the lease of the
store and now the Landlord has cancelled our lease and wants us to vacate the space. We already spend a lot of
money in that store so we planned to move that store to the new location, which is on the other comer of the 1470
W. Campbell Ave in the City of Campbell. The new Location is:
1581W.Campbell Ave.
Campbell, CA-95008
1. Proposed Use of Store:
2. Square footage:
3. Number of Employees:
4. Hours of Operation:
Liquors, Wine and Grocery
265O SQ FEET
3 Employees
From 08:00 Hours to 23:00 hours (As currently operated)
All the lease agreements and other formalities have been completed. We only need your permission to Move our
store to the new location with he same type of business.
Your permission will be greatly appreciated
Thanking you