Use Permit - 2002RESOLUTION NO 10071
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION DENIAL OF A CONDITIONAL USE
PERMIT (PLN2002-56) TO ALIDW THE ESTABLISHMENT OF A
CONVENIENCE STORE AND OFF-SALE GENERAL LIQUOR
SAI.F.S WITHIN AN EXISTING SHOPPING CENTER ON
PROPERTY OWNED BY RALPH AND TERESA RAABE
LOCATED AT 915 S. SAN TOMAS AQUINO ROAD IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPEAL OF
MR. HAMID HEYDARIAN. FII.E NO. PLN2002-56.
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 City Council did find as follows with
respect to application PLN2002-56:
1. It is not desirable to have three liquor establishments within 200 feet of each other located in
a predominately residential neighborhood.
2. The project site has a net area of 23,986 square feet and is developed with a 7,410 square foot
multi-tenant commercial building.
3. The proposed use would occupy 1,800 square feet of an existing 7,410 square foot
commercial building located within a residential neighborhood.
The establishment of a convenience store with off-sale general liquor sales would result in an
over concentration of such uses in the area due to the location of an existing convenience
store across the street at 900 South San Tomas Aquino Road that has an off-sale beer and
wine license and the existing Palermo Pizza restaurant within the same shopping center that
has an on-sale beer and wine license.
The establishment of a convenience store with off-sale general liquor sales would create a
nuisance due to noise, vandalism, and personal and property crimes based on police records
of the same business located at 1277 W. Hacienda Avenue.
The establishment of a convenience store with off-sale general liquor sales would
significantly disturb the peace and enjoyment of the nearby residential neighborhood due to
an over concentration of such alcohol related uses in the area, given the close proximity to
the existing convenience store across the street at 900 South San Tomas Aquino Road, which
provides off-sale liquor sales.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
City Council Resolution
PLN2002-56 -- McGoon's Grog Shop-915 S. San Tomas Aquino Roau
Denial of Appeal and Upholding Planning Commission Denial of a Conditional Use Permit
Page 2
The establishment, maintenance, or operation of the use applied for will be detrimental to the
public health, safety, peace, morals, comfort, and general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
The proposed use is not compatible with the residential uses in the area.
The establishment will result in an over concentration of such uses in the area.
The establishment will create a nuisance due to noise, vandalism, personal or property
crimes, or other factors.
5. The establishment will significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the City Council denies the appellant's appeal
and upholds the Planning Commission denial of a Conditional Use Permit (PLN2002-56) to
allow the establishment of a convenience store and off-sale general liquor sales within an
existing shopping center on property owned by Ralph and Teresa Raabe located at 915 S. San
Tom~ Aquino Road.
PASSED AND ADOPTED this 6th day of August
,2002, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCiLIVIEMB~al~S: Burr,
COUNCILMEMBERS: Dean
COUNC~ERS: None
COUNCII~ERS: None
Kennedy, Furtado, Watson
ATTEST:
APPROVED: ~ ~at-t~,~,,-'
Jea~ette Watson, Mayor
Anne Bybee, City Clerk
~ FOREGCR'NG INLS'T'RUMENT t~ ~. TRU~
AND ~RRE~ ~PY OF THE ~Ol~
IN THIS Ol'FtC~
t ~NE BYBEE, CI~ ~R~ CITY
~BE~ CAL,~I~ ~
ORAL REQUESTS
There were no Oral Requests.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
10.
Placing Cost of Abating Hazardous Vegetation on Property Tax Assessment Roll
(Resolution/Roll Call Vote)
This is the time and place for placing the cost of abating hazardous vegetation on the
property tax assessment roll.
Community Development Director Fierro - Staff Report dated August 6, 2002.
Mayor. Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson closed the public hearing.
M/S: Burr/Kennedy - that the City Council adopt Resolution 10070 placing the
cost of abating hazardous vegetation on the property tax assessment roll. Motion
adopted by the following roll call vote:
AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: None
11.
Appeal of Mr. Hamid Heydarian, on behalf of McGoon's Grog Shop, for a
Conditional Use Permit (PLN2002-56) to allow the establishment of a convenience
store and general off-sale liquor sales within an existing shopping center on
property owned by Ralph and Teresa Raabe located at 915 S. San Tomas Aquino
Road in a PD (Planned Development) Zoning District (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the Appeal of Mr. Hamid
Heydarian, on behalf of McGoon's Grog Shop, for a Conditional Use Permit
(PLN2002-56) to allow the establishment of a convenience store and general off-sale
liquor sales within an existing shopping center on property owned by Ralph and Teresa
Raabe located at 915 S. San Tomas Aquino Road in a PD (Planned Development)
Zoning District.
Community Development Director Fierro - Staff Report dated August 6, 2002.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
Minutes of 8/6/2002 City Council Meeting 4
Gail Mathis, 1051 Linda Drive, Campbell, appeared before the City Council and spoke
in support of the project.
Eileen Hamper, 1300 Burrows Road, Campbell, appeared before the City Council and
spoke in support of the project.
Ron Howie, 1159 Archer Way, Campbell, appeared before the City Council and spoke
in support of the project.
Ron Powers, 1076 Smith Avenue, Campbell, appeared before the City Council and
spoke in support of the project.
Judy DeBernardi, 1265 Burrows Road, Campbell, appeared before the City Council
and spoke in support of the project.
Wes Suyenaga, 1171 Virginia Avenue, Campbell, appeared before the City Council and
spoke in support of the project.
Aida Jebens, 1275 Elam Avenue, Campbell, appeared before the City Council and
Spoke against the project.
Patricia Nichols, 1430 Westmont Avenue, Campbell, appeared before the City Council
and spoke in support of the project.
Carl Herrera, 1580 Beth Way, Campbell, appeared before the City Council and spoke
in support of the project.
Jerry Baum, 999 S. San Tomas Aquino Road, Campbell, appeared before the City
Council and spoke against the project.
Brian Clausen, 895 San Tomas Aquino Road, Campbell, appeared before the City
Council and spoke against the project.
Paul Marshall, 1411 Burrows Road, Campbell, appeared before the City Council and
spoke in support of the project.
Terry Gray, 1156 Peggy Avenue, Campbell, appeared before the City Council and
spoke in support of the project.
Ruth Kleis, 1281 Elam Avenue, Campbell, appeared before the City Council and spoke
against the project.
Bill Collins, 818 Virginia Avenue, Campbell, appeared before the City Council and
spoke in support of the project.
Minutes of 8/6/2002 City Council Meeting 5
Paul B. Newman, 928 Cullen Court, Campbell, appeared before the City Council and
spoke against the project.
Andrew Hereth, 1254 Cobblestone Drive, Campbell, appeared before the City Council
and spoke against the project.
Charles Schulz, 1315 Elam Avenue, Campbell, appeared before the City Council and
spoke against the project.
Mike Peters, 1260 Cobblestone Drive, Campbell, appeared before the City Council and
spoke against the project.
Mark Gustlin, 1257 Cobblestone Drive, Campbell, appeared before the City Council
and spoke against the project.
Matthias Kamm, 926 Cullen Court, Campbell, appeared before the City Council and
spoke against the project.
Police Chief Gullo responded to Mr. Kamm's comments regarding calls for service.
David Jebens, 1275 Elam Avenue, Campbell, appeared before the City Council and
spoke against the project.
Jacquelyn Lear, 922 Cullen Court, Campbell, appeared before the City Council and
spoke against the project.
Lou DeFonzo, 920 Cullen Court, Campbell, appeared before the City Council and
spoke against the project.
Mitchell Newman, 928 Cullen Court, Campbell, appeared before the City Council and
spoke against the project.
Gary Stoll, 1176 San Tomas Aquino Road, Campbell, appeared before the City Council
and spoke against the project.
Hank Kearns, 1350 Abbott Avenue, Campbell, appeared before the City Council and
spoke in support of the project.
Susan Kearns, 1350 Abbott Avenue, Campbell, appeared before the City Council and
spoke in support of the project.
June Clausen, 895 S. San Tomas Aquino Road, Campbell, appeared before the City
Council and spoke against the project.
Ron Walters, Kingston Way, San Jose, appeared before the City Council and spoke in
support of the project.
Minutes of 8/6/2002 City Council Meeting 6
Jim Harris, LaSalle Way, San Jose, appeared before the City Council and spoke in
support of the project.
Hamid Heydarian, Appellant, appeared before the City Council and spoke in support of
the project.
Resident, 15435 Skyline Boulevard, Los Gatos, appeared before the City Council and
spoke in support of the project.
Resident, Estrellita Way, Campbell, appeared before the City Council and spoke in
support of the project.
There being no one else wishing to speak, Mayor Watson closed the public hearing.
Following City Council discussion, M/S: Burr/Kennedy - that the City Council
adopt Resolution 10071 denying an Appeal and upholding the Planning
Commission denial of a Conditional Use Permit (PLN2002-56) to allow the
establishment of a convenience store and off-sale general liquor sales within an
existing shopping center on property owned by Ralph and Teresa Raabe located at
915 S. San Tomas Aquino Road in a P-D (Planned Development) Zoning District.
Motion adopted by the following roll call vote:
AYES: Councilmembers: Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: Dean
Recess/Reconvene:
Mayor Watson declared a five-minute recess at 8:50 p.m. The City Council reconvened at
8:55 p.m.
12.
Application of Coroem Builders for a Planned Development Permit (PLN2001-129)
to allow the construction of 20 townhomes, a Tentative Subdivision Map
(PLN2001-130) to create 20 townhome lots and a Tree Removal Permit (PLN2002-
05) to allow the removal of 35 of 37 trees on property located at 117 Gilman
Avenue in a PD (Planned Development) Zoning District (Introduction of
Ordinance/Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Coroem
Builders for a Planned Development Permit (PLN2001-129) to allow the construction
of 20 townhomes, a Tentative Subdivision Map (PLN2001-130) to create 20 townhome
lots and a Tree Removal Permit (PLN2002-05) to allow the removal of 35 of 37 trees
on property located at 117 Gilman Avenue in a PD (Planned Development) Zoning
District.
Minutes of 8/6/2002 City Council Meeting 7
Council.
Report
ITEM NO:
CATEGORY:
MEETING DATE:
11.
Public Hearing
August 6, 2002
TITLE
Appeal of a Planning Commission decision denying the application of Mr.
Hamid Heydarian for a Conditional Use Permit (PLN2002-56) to allow the
establishment of a convenience store and off-sale general liquor sales within an
existing shopping center on property located at 915 South San Tomas Aquino
Road in a P-D (Planned Development) Zoning District.
CITY COUNCIL ACTION
The City Council may take one of the following actions:
1. Adopt a Resolution, incorporating the attached findings, denying an appeal and upholding
the Planning Commission denial of a Conditional Use Permit (PLN2002-56); or
Adopt a Resolution, incorporating the attached findings and Conditions of Approval,
upholding an appeal and overturning the Planning Commission denial of a Conditional Use
Permit (PLN2002-56) and find that the project is Categorically Exempt under Section 15303,
Class 3 of the California Environmental Quality Act (CEQA) pertaining to the conversion of
small structures; or
3. Continue the item for additional information or refer the project back to the Planning
Commission.
BACKGROUND
Planning Commission Meeting: At its meeting of July 9, 2002, the Planning Commission
adopted Resolution No. 3446 denying a Conditional Use Permit to allow the establishment of a
convenience store and off-sale general liquor sales within an existing shopping center on
property located at 915 South San Tomas Aquino Road by a 4-2 vote. Planning Division staff
recommended that the Planning Commission deny the application due to an over concentration
of alcohol related uses within a residential neighborhood (see Attachment No.3).
At the meeting eleven people spoke in opposition to the project and all were residents
surrounding the subject property or in the near vicinity. The main objections raised at the public
hearing dealt with an over concentration of alcohol related uses within the neighborhood, an
existing traffic problem along San Tomas Aquino Road, and existing problems within the
neighborhood such as vagrants, loitering, littering, and vandalism that would be compounded by
the addition of another alcohol related use. Five people spoke in favor of the project stating that
Mr. Heydarian was an asset to the community and an excellent business owner that should be
given a chance to establish at the proposed location.
City Council Report - August 6, 2002
Appeal of PLN2002-56 - 915 South San Tomas Aquino Road
Page 2
Planning Commission Concerns: The Planning Commission in denying the project, stated
concerns over mainly the following issues:
An over concentration of alcohol related uses within a residential neighborhood; and
An over concentration of nuisances associated with alcohol related uses within a residential
neighborhood; and
· A Conditional Use Permit runs with the land, not the operator, and although Mr. Heydarian is
a good business owner the business can change owners without City approval.
Appeal: On July 11, 2002, the City Clerk received a letter of appeal from Mr. Hamid Heydarian,
appealing the Planning Commission's decision to deny the Conditional Use Permit (PLN2002-
56). A copy of the applicant's appeal letter is attached (Attachment #6).
ALTERNATIVES
The alternative actions the City Council may take are listed on page one under "City Council
Action."
FISCAL IMPACTS
None.
Attachments:
1. Draft City Council Resolution denying an appeal and upholding the Planning Commission
denial of a Conditional Use Permit (PLN2002-56).
2. Draft City Council Resolution upholding an appeal and overturning the Planning
Commission denial of a Conditional Use Permit (PLN2002-56).
Planning Commission Staff Report of July 9, 2002.
Planning Commission Resolution No. 3446.
Planning Commission Meeting Minutes of July 9, 2002.
Appeal Letter submitted by Mr. Hamid Heydarian on July 11, 2002.
4.
5.
6.
Prepared by:
Reviewed by:
Approved by:
Sharon Fierro, Community Development Director
The Honorable Jeanette Watson
Mayor of Campbell
City Hall
70 North First Street
Campbell, CA 95008
Patricia Causey Nichols
1430 Westmont Avenue
Campbell, Califomia 95008
July 26, 2002
RECEIVED
JUL 2 9 2002
CITY OF CAMPBELL
CITY MANAGER~ OFFICE
Dear Ms. Watson:
On. August 6 McG'0on's Grog' shop of the San Tomas NeighborhOod Will appear before you to'
seek a relocation permit to 915 S. San Tomas Aquino Road: I write to support that applicatiOn.
Since 1964 1 have lived at the same address on Westmont Avenue in the San Tomas
Neighborhood, moving here well before our neighborhood was forcibly incorporated int° the
city of Campbell in the 80s. My husband and I have raised two children, who went to local
public schools before attending college. Both of these children had paper routes in the
neighborhood for several years, and my son had a temporary summer job with the City of
Campbell itself while he was in college. I have supervised student teachers in local schools, in
my capacity as a professor at San Jose State University over a period of twenty years. In short,
our family knows this neighborhood and its surrounding vicinity well.
McGoon's Grog ShOp is one of the last remaining neighborhood shops that gives this
neighborhood any place where citizens can meet face to face, where we can come to know who
is in the neighborhood, and where the shop owners can keep a watchful eye on neighborhood
activities. Over the past twenty years, we have lost two grocery stores, two diners, and a post
office -- all places where folks meet regularly and get to recognize, if not know, each other.
These places where citizens met have been replaced (or soon will be) by McMansions approved
by the city, with streets in front of them lined with mammoth SUVs. I have no clue who lives in
these new places, except for the few homeowners who go out walking regularly.
Neighbors have signed a petition requesting that McGoon's remain in the neighborhood. The
issue is not what is sold there, rather what goes on from day to day between the people who meet
there. If there are problems with selling liquor to minors, the solution is simple: revoke the
license of the offending business. My prediction is that the presence of a responsible shop owner
such as Mr. Heydarian will have a salutary effect on the present shop owners at the comer of
Elam/Smith and San Tomas, whose practices have not been so respOnsible in the past.
J
Thank you for consideration of this request.
Patricia C. Nichols : :' r
ORCH/~y~O
CITY OF CAMPBELL
Community Development Department - Current Planning
July 11, 2002
Mr. Hamid Heydarian
McGoon's Grog Shop
1277 Hacienda Avenue
Campbell, CA 95008
Re: PLN2002-56 - 915 S. San Tomas Aquino Road - Conditional Use Permit
Dear Applicant:
Please be advised that at its meeting of JulY 9, 2002, the Planning Commission adopted
Resolution No. 3446 denying a Conditional Use Permit (PLN2002-56) to allow the establishment
of a convenience store and off-sale general liquor sales within an existing shopping center 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, July 19, 2002. California Code of Civil Procedure, Section 1094.6, governs the
time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Stephanie Willsey
Planner I
CC:
Frank Mills, Building Department
Harold Housley, Public Works
Chris Veargason, County Fire
Ralph & Teresa Raabe (Property Owners)
2328 Westmoreland Drive
San Jose, CA 95124
70 North First Street - Campbell, California 95008-1436 · TEL 408.866.2140 · F~X 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3446
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL DENYING A CONDITIONAL
USE PERMIT (PLN2002-56) TO .A! J .OW THE
ESTABLISHMENT OF A CONVENIENCE STORE AND OFF-
SALE GENERAL LIQUOR SAlvES WITHIN AN EXISTING
SHOPPING CENTER ON PROPERTY OWNED BY RALPH
AND TERESA RAABE LOCATED AT 915 S. SAN TOMAS
AQUINO ROAD IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. HAMID
HEYDARIAN. FII.E NO. PLN2002-56.
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 PLN2002-56:
1. It is not desirable to have three liquor establishments within 200 feet of each other
located in a predominately residential neighborhood.
2. The project site has a net area of 23,986 square feet and is developed with a 7,410 square
foot multi-tenant commercial building.
3. The proposed use would occupy 1,800 square feet of an existing 7,410 square foot
commercial building located within a residential neighborhood.
The establishment of a convenience store with off-sale general liquor sales would result
in an over concentration of such uses in the area due the location of an existing
convenience store across the street that has an off-sale beer and wine license and an
existing restaurant within the same shopping center that has an on-sale beer and wine
license.
The establishment of a convenience store with off-sale general liquor sales would create a
nuisance due to noise, vandalism, and personal and property crimes based on police
records of the same business located at 1277 W. Hacienda Avenue and given the close
proximity to the existing convenience store across the street from the subject site with
off-sale liquor sales.
The establishment of a convenience store with off-sale general liquor sales would
significantly disturb the peace and enjoyment of the nearby residential neighborhoods
due to an over concentration of such alcohol related uses in the area and based on police
records of the same business located at 1277 W. Hacienda Avenue.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Reso._.ion No. 3446
PLN2002-56 - Denial of Conditional Use Permit
McGoon's Grog Shop-915 S. San Tomas Aquino Rd.
Page 2
The establishment, maintenance, or operation of the use applied for will 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 detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would significantly disturb the peace and enjoyment of nearby residential neighborhoods.
The proposed use is not compatible with the residential uses in the area.
The establishment will result in an over concentration of such uses in the area.
The establishment will create a nuisance due to noise, vandalism, personal or property
crimes, or other factors.
5. The establishment will significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies a Conditional
Use Permit (PLN2002-56) to allow the establishment of a convenience store and off-sale general
liquor sales within an existing shopping center on property owned by Ralph and Teresa Raabe
located at 915 S. San Tomas Aquino Road.
PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Gibbons, Hemandez and Jones
Alderete and Francois
None
None
APPROVED:
Tom Francois, Chair
ATTEST:
Sharon Fierro, Secretary
~ -- Attachment #5
Planning Commission Minu of July 9, 2002
Chair Francois advised that this action is final in 10 calendar days, unless appealed in writing
to the City Clerk.
Chair Francois read Agenda Item No. 5 into the record.
5. PLN2002-56
Heydarian, H.
Public Heating to consider the application of Mr. Harnid Heydarian,
on behalf of McGoon's Grog Shop, for a Conditional Use Permit
(PLN2002-56) to allow the establishment of a convenience store and
off-sale general liquor sales within an existing shopping center on
property owned by Ralph and Teresa Raabe located at 915 S. San
Tomas Aqnlno Road in a P-D (Planned Development) Zoning
District. This project is Categorically Exempt. Planning Commission
decision final in 10 days, unless appealed in writing to the City Clerk.
Project Planner: Stephanie Willsey, Planner I
Ms. Stephanie Willsey, Planner I, presented the staff report as follows:
· Advised that the applicant seeks approval of a Conditional Use Permit to allow the
establishment of a convenience store and off-sale general liquor sales within a single-story
multi-tenant commercial building.
· Added that this applicant currently operates at the Rolling Hills Shopping Center and was
there for the last 20 years. The owner of that center has chosen to redevelop the property.
· Said that the Zoning is Planned Development and the General Plan designation is
Neighborhood Commercial. A Conditional Use Permit is required to allow alcohol sales.
· Stated that Staff is recommending denial since the required findings could not be made to
substantiate this use at this location.
· Informed that there is already a similar market, the Farm Milk Dairy & Market, and a pizza
parlor in the immediate area that sells alcohol. A third such establishment is seen by staff
as being an over-concentration.
· Said that typically there is a higher crime report associated with businesses selling liquor.
However, the Police Department has imposed no comments or conditions on this proposal
since the policy activity for the current McGoon's site is normal for such an establishment.
· Stated that 37 parking spaces are required for this center and that 35 are provide. Of those,
17 are standard, 17 are compact and one is handicapped. There is also a bicycle rack.
· Said that the proposed tenant space consists of 1,800 square feet or 24 percent of the total
building square footage. That space requires 9 parking spaces or 26 percent of the parking
provided for the entire building.
· Recommended denial of this Conditional Use Permit.
· Advised that Captain Russ Patterson, of the Campbell Police Department, is available to
address any questions.
Commissioner Hernandez asked if there is a distinction between a convenience market versus a
liquor store.
Planner Stephanie Willsey advised that the applicant is proposing to go from a liquor store to
more of a convenience store with grocery items.
Planning Commission Minu''~- ~f July 9, 2002 -- Page 13
Commissioner Hemandez asked what percentage of floor area would be devoted to liquor
merchandise.
Planner Stephanie Willsey replied that the business would include approximately 40 percent
liquor and 60 percent convenience items.
Commissioner Hemandez asked if there is an impact if the percentage of liquor merchandise is
reduced to say 20 percent.
Planner Stephanie Willsey advised that it still represents a use with alcohol.
Commissioner Gibbons asked if this location is smaller than the current tenant space at Rolling
Hills.
Planner Stephanie Willsey replied yes.
Commissioner Alderete provided the Site and Architectural Review Committee report as
follows:
SARC reviewed this proposal on June 25, 2002, and was supportive with the addition of a
new trash enclosure and additional landscaping to reduce loitering.
Chair Francois opened the Public Hearing for Agenda Item No. 5.
Mr. Hamid Heydarian, Applicant:
Informed that he has been in the community for 20 years and his kids went to school here.
· Advised that he has obtained neighbor support.
· Stated that he has to move from his current location.
· Distributed an updated petition with about 360 signatures.
· Said that the original petition circulated was misunderstood because local neighbors
thought that by not signing in support, he might be able to retain his cun'ent location.
Mr. Jerry Baum, 999 S. San Tomas Aquino Road, Campbell:
· Stated that his home is located about half way between the old and proposed McGoon's
locations.
· Said that having three liquor stores within a mile is not an advantage to his neighborhood.
· Pointed out that there is a day care center adjacent.
Mr. Charles Schulz, 1315 Elam Avenue, Campbell:
· Said that he submitted an email with his list of points.
· Said that he has nuisance issues including a problem with transients in the neighborhood
who already loiter on this site.
· Added that they do not need any more.
· Said that there have been liquor sales violations at the Farm Milk Dairy and that a robbery
was recently attempted.
· Said that parking and traffic impacts are being underestimated.
· Said that he feels in is unfortunate that McGoon's is being displace.
Planning Commission Minu,.. of Suly 9, 2002
P~ge 14
Mr. Andrew Hereth, 1254 Cobblestone Drive, Campbell:
· Identified himself as the President of the Cobblestone Street Maintenance Association,
which consists of 12 households.
· Pointed out that this is primarily a residential area and it should not be sacrificed for the
convenience of other areas.
· Said that this proposed me would represent the third liquor establishment within 200 feet,
which is more in keeping with a major commemial center rather than within a residential
neighborhood.
· Stated that McGoon's is a fine establishment but bringing it to this location would result in
too high a concentration.
· Explained that vagrants loiter around this site and beg for money.
Mr. Mark Gustlin, 1257 Cobblestone Way, Campbell:
· Agreed with the staff recommendation and asked the Commission to deny this request.
· Said that there is a transient problem and they sleep in the center and beg there.
Mr. David Jebens, 1275 Elam Avenue, Campbell:
· Said that he lives across the street.
· Added that while he is sorry that Mr. Heydarian is being forced out there are already two
businesses with alcohol sales already in this area.
· Said that he has called the Police a couple of times an that there is a trash and litter
problem.
· Added that he woke up on July 4th to find broken bottles in his front yard.
· Stated that the community is not being supported by the City with this homeless issue.
· Said that this proposed use would be detrimental to the neighborhood.
Ms. Susan Vlasoff, 955 Jonathon Court, Campbell:
· Stated that she lives half a block away and has lived in Campbell for 10 years.
· Added that her home faces Jonathan Court with the back yard facing San Tomas Aquino
Road.
· Said that traffic in this area is horrendous and that she cannot imagine accommodating
more.
· Agreed with the concerns expressed by others.
· Said that she too has found abandoned bottles but that she recycles them.
· Said she understands the applicant's desire to relocate locally to maintain his clientele.
· Said that the residents of the nearby apartments already park along the street.
Mr. Paul Newman, 928 Cullen Court, Campbell:
· Said that he is on the Board for the San Tomas Neighborhood Association and had offered
a tabulation of the survey reports but that they differ from those numbers provided by staff
in their report. In his count, there were 70 in opposition, 49 in support and three residents
were neutral.
Planner Stephanie Willsey advised Mr. Newman that many survey results were delivered
directly to the City office and/or to the applicant. These responses were added to the results
provided by Mr. Newman.
Planning Commission Minute'-of July 9, 2002 _ Page 15
Mr. Edward Jaggara, 15435 Skyline Boulevard, Los Gatos:
Said that Hamid Heydarian has helped the community for 20 years, even co-signing a loan
for him.
· Questioned the tenure of those residents who do not support this application.
· Asked the Commission to give Mr. Heydarian a chance to continue his business in this
neighborhood, as it would be a detriment to lose this asset to the community.
· Said that he works in Campbell.
Ms. Aida Jebens, 1275 Elam Avenue, Campbell:
· Said that she has lived in Campbell for six years.
· Asked what sort of guarantee that can be offered that once Mr. Heydarian obtains this Use
Permit that he will continue to own this business.
· Stated that current customers at the Farm Milk Dairy leave their cars running with music
blaring while they enter the store to make their purchase.
Mr. Earl Farabaugh, 1394 Munro Avenue, Campbell:
· Said that he has been in the neighborhood for 31 years and has never experienced a
problem with the liquor store. However, he also does not drink nor buy liquor himself.
· Suggested that the present merchants (Farm Milk Dairy) be thrown out and let this one in
instead.
Mr. Brian Clausen, 895 S. San Tomas Aquino Road, Campbell:
· Said that he is trying to prevent his neighborhood from experiencing further degradation.
· Said that Mr. Heydarian sounds like a pillar of the community but he cannot control his
customers.
· Said that there are potential traffic impacts and there are already trash issues and regular
fights. They don't need more of this.
· Said that another location would be better suited.
· Requested denial of this application.
Captain Russ Patterson, Campbell Police Department:
· Said that he did not have specific data on the transient issue raised but that homelessness
was a wide reaching problem.
· Said that in data from 1991 onward, McGoon's had a history of increased calls but that the
frequency of calls has decreased over the last two to three years.
Commissioner Alderete asked Captain Patterson about the relation of homeless to this potential
business.
Captain Russ Patterson said that the San Tomas Area has been an area that is attractive to the
homeless, some of whom used to live in the area in years past.
Ms. Gall Matthews:
· Said that she has lived in the area for 20 years and shopped at McGoon's.
· Asked the Commission to give McGoon's a chance at this new location.
Planning Commission Minu-- of July 9, 2002 - Page 16
Ms. Oabrielle Mayfield, 1253 Cobblestone Drive, Campbell:
Said that she has no problem with Mr. Heydarian but does have a problem with having two
such stores so close.
· - Stated that no one is saying that the Farm Milk Dairy is well run but it is there.
· Pointed out that there was already a murder on San Tomas Aquino Road.
Ms. Frances Shaddox, 703 S. San Tomas Aquino Road, Campbell:
· Said that the murder mentioned by the previous speaker occurred in front of her home.
· Pointed out that Hamid Heydarian asks for identification of his patrons and never sells to
underage patrons.
· Added that Mr. Heydarian also sponsored a car wash to raise funds following 9/11.
Ms. Samantha Vasquez, 1256 Cobblestone Drive, Campbell:
· Stated that having two such stores so close together is too much for their neighborhood.
· Said that there are very scary types of clientele drawn to theses businesses.
Ms. Christy Ward, 150 Saratoga Avenue, Santa Clara:
· Identified herself as an employee of Mr. Heydarian.
· Said that his clients are families.
· Declared that good people attract good people and Mr. Heydarian is a good person.
Mr. Abe Hashemi, 1165 Smith Avenue, Campbell:
· Stated that the Farm Dairy has been a problem for years.
· Suggested that Mr. Heydarian should buy that place.
Commissioner Gibbons reminded that the Use Permit runs with the location.
Director Sharon Fierro replied yes.
Commissioner Gibbons asked how the Farm Milk Dairy would go away.
Director Sharon Fierro replied if it were to be abandoned for one year or if a nuisance
abatement process was undertaken.
Commissioner Gibbons said that if this location is permitted for selling liquor, it would be so
allowed in perpetuity.
Commissioner Hemandez asked Mr. Heydarian for the time frame he has to find a new place.
Mr. Hamid Heydarian replied that he has until the end of this month.
Commissioner Hemandez asked Mr. Heydarian why he selected this particular location.
Mr. Hamid Heydarian replied because there is not a lot available fight now. This space just
became available about six weeks ago.
Planning Commission Minu~-' of July 9, 2002 - Page 17
Commissioner Hemandez asked Mr. Heydarian if he has any concerns situating his business to
close to a similar business.
Mr. Humid Heydarian replied that he used to have similar businesses (grocery sWre, pizza
parlor, etc.) at his Rolling Hills location and survived. He added that his business would be a
good challenge for the Farm Milk Dairy to clean up their act. He added that he is not afraid to
refuse service if it becomes necessary.
Commissioner Hernandez asked Mr. Heydarian if he had considered a business without liquor
sales.
Mr. Humid Heydarian replied that he has held a liquor license for 20 years. He added that he
carries higher quality liquors and that the homeless cannot afford 18-year-old scotch.
Commissioner Hernandez asked Mr. Heydarian if he could consider a smaller percentage of
liquor.
Mr. Hamid Heydarian stated that he would be going from a 3,000 square foot shop to a 1,500
square foot shop. He includes convenience items such as bread and milk. He added that he
could not operate with 20 percent liquor products or less and have this business survive.
Commissioner Gibbons asked Mr. Heydarian his proposed business hours and delivery hours.
Mr. Harold Heydarian:
· Provided operational hours as being from 7 a.m. to 10 p.m., Monday through Friday; 8 a.m.
to 11 p.m., Saturday; and 8 a.m. to 10 p.m. on Sunday.
· Advised that from 7 to 9 a.m. each morning he makes 50 percent of his morning sales with
coffee and donuts, etc.
· Stated that deliveries occur on Tuesdays and Thursdays between the hours of 8 a.m. and
noon, with occasional different deliveries during holidays.
Commissioner Alderete asked Mr. Heydarian to address the concerns raised by the neighbors
who oppose his business. Recognized that lots of comments have also been regarding Mr.
Heydarian's high character.
Mr. Humid Heydarian said that he would keep the property neat and approach customers that
leave noisy stereos running. If those customers refuse to mm down their music, he would
simply refuse service to discourage their remm to his store. Said that he is not looking for a
short-term location. He already has a 20 year commitment to this neighborhood.
Commissioner Hcrnandez asked Mr. Heydarian if he would'support a provisional approval for
six to nine months after which time a review could be conducted to determine if-this business
is compatible to the neighborhood.
Mr. Hamid Heydarian said he could support that concept.
Planning Commission Minu'~,f July 9, 2002 - Page 18
Commissioner Hemandez asked Mr. Heydarian if he is clear that if the use if found not to be
compatible, his approval would be revoked.
Mr. Hamid Heydarian said that he has no problem with that Condition.
Commissioner Gibbons stressed that if the business were later found not to be compatible he
would have to leave this location.
Mr. Hamid Heydarian said that if the problems were his fault, he would walk away.
Commissioner Hernandez:
· Stated that this is a difficult application to assess.
· Said that the real issue is liquor sales.
· Added that the applicant has a history of demonstrating his willingness to be an integral
pan of this community.
· Said the question is how this use can co-exist at this location with nearby residential uses.
· Suggested giving Mr. Heydarian an opportunity and/or consider the percentage of alcohol
allowed.
Commissioner Gibbons asked if a six-month approval is a possibility.
City Attomey William Seligmann replied yes. He said that a hard and fast six-month approval
would require the applicant to reapply. Otherwise, a Condition can be imposed requiring a six-
month review to assure compliance with the Conditions and compatibility with the area.
Ms. Doreen Berreas, San Tomas Aquino Road, Campbell:
· Declared this provision to limit the amount of liquor that could be stocked in this store as
being unfair.
Commissioner Hcmandcz agreed that this is a valid comment.
Mr. Edward Jaggara, 15435 Skyline Boulevard, Los Gatos:
· Pointed out that Hamid Heydarian took over a failing business at Rolling Hills Shopping
Center and made it a success.
Commissioner Doorley:
· Stated that he is tom on this request.
· Identified two conflicting issues, concentration and a good member of the community who
should be supported.
· Expressed concern over a short-term approval.
· Stated that regardless of the fine character of this owner, the concentration of such uses
causes problems.
Commissioner Alderete:
· Said that this is a difficult decision to make amid the many impassioned pleas.
Planning Commission Minute~of July 9, 2002 _ Page 19
· Stated that existing problems in this immediate area are not related to Mr. Heydarian's
business and that Mr. Heydarian has been a strong positive character that has been an asset
to the community.
· Said that he has faith, in Mr. Heydarian's positive impact in this area.
· Added that he does not see an over concentration as being an issue since this business
operated just 3/10 of a mile away for 20 years.
· Suggested that Mr. Heydarian be given a chance and to let the competitive market work.
Mr. Paul Newman said that he has never seen homeless (or people urinating) outside a
Starbuck's like he has outside the Farm Milk Dairy. Stated that it is a reflection of the
combination of products - tobacco, pornography and liquor- that makes the difference.
Commissioner Gibbons restated the fact that the Use Permit runs with the land even if Mr.
Heydarian should leave the area. Anyone else could move in on this use.
City Attorney William Seligmann clarified that whoever does purchase this business in the
future would be required to obtain their own ABC license.
Commissioner Jones asked about controls over the amount of window signs on such
businesses.
Senior Planner Geoff I. Bradley advised that window signs are exempt under the Sign
Ordinance if they cover less than 50 percent of the window area, which is sometimes hard to
enforce.
Director Sharon Fierro cautioned that enforcement of these window signs is not a Code
Enforcement priority when there are substandard housing issues to handle.
Mr. Earl Farabaugh pointed out that there is no on-site alcohol consumption at McGoon's and
asked if this fact makes a difference when compared to a use such as the adjacent pizza parlor.
Chair Francois closed the Public Hearing for Agenda Item No. 5.
Commissioner Hernandez pointed out that Winchester and Bascom Avenues are big retail
areas while this is a residential neighborhood with commercial uses dropped into it.
Commissioner Alderete said that he is confounded and that it appears that people are opposed
more to the existing Farm Milk Dairy while all comments about Mr. Heydarian himself are all
positive. Suggested letting competitive forces decide.
Commissioner Doofley stated that having a concentration of liquor establishments brings in
more such business and could make this area a liquor draw.
Commissioner Jones agreed that this use would result in an over-concentration and expressed
support for staff's recommendation of denial.
Planning Commission Minu"-" of July 9, 2002 -- Page 20
Commissioner Gibbons said that she drove around this neighborhood and also supports staff's
recommendations. She cannot support this proposal.
Chair Francois:
Supported a restricted six-month approval for this business owner, a man with a 20-year
clean business history.
· Said that while he personally does not consume liquor or tobacco products, they are legal.
Said that it is reprehensible to deny this man his living.
· Suggested supporting a Conditional Use Permit with time limits. If the Conditions are not
adhered to, the Commission can revoke it.
Commissioner Gibbons strongly objected to Chair Francois' statement that this Commission is
denying Mr. Heydarian his living. He is losing his location because his current landlord is
redeveloping their property.
Commissioner Doorley seconded this objection to the characterization that the Commission
was denying Mr. Heydarian his living. Added that he could support a six-month trial approval.
Commissioner Hernandez stated the importance of establishing very clear guidelines to
determine what factors are at the control of this applicant that would be evaluated after the trial
period.
Commissioner Gibbons asked whether some sort of follow up could occur regarding the
neighborhood complaints over bottles left in the neighborhood.
Commissioner Alderete proposed that guidance on commercial uses in the San Tomas Area be
included in the San Tomas Area Neighborhood Plan.
Director Sharon Fierro advised that the San Tomas Area Neighborhood Plan is an urban design
guideline and not a business operations guideline. She suggested that the Zoning Code Update
would better address commercial performance issues.
Commissioner Alderete questioned the concept of concentration.
Director Sharon Fierro said that that there are more problems if commercial uses are
surrounded by residential uses than if commercial uses are located on a major arterial.
Commissioner Hernandez pointed out that a future owner may not be as great as Mr.
Heydarian.
Commissioner Gibbons cautioned that the Commission probably only has one chance at a
motion since there are an equal number of Commissioners.
City Attorney William Seligmann stated that two motions might be possible but no action
would result if there were a tie vote.
Planning Commission Minute.~.of July 9, 2002 A Page 21
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner Jones,
the Planning Commiasion adopted Resolution No. 3446 denvin~ a
Conditional Use Permit (PLN2002-56) to allow the establishment of a
convenience store and general off-sale liquor sales within an existing
shopping center on property owned by Ralph and Teresa Raabe at 915 S.
San Tomas Aquino Road, by the following roll call vote:
AYES: Doorley, Gibbons, Hernandez and Jones
NOES: Alderete and Francois
ABSENT: None
ABSTAIN: None
Chair Francois advised that this action is final in 10 calendar days, unless appealed in writing
to the City Clerk.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
· Advised that Council took action to reject bids for the Community Center Master Plan and
John D. Morgan Park Projects due to technical problems. These projects will be re-bid.
Council also revised the scope for the Harriet/McCoy Improvement Project.
ADJOURNMENT
The Planning Commission meeting adjourned at 10:12 p.m. to the next Regular Public Hearing
on July 23, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
SUBMITTED BY:
Corinne A. Shinn, Recording Secretary
APPROVED BY:
ATTEST:
Tom Francois, Chair
Sharon Fierro, Secretary
CAMPBELL
PLN2002-56
Heydarian, H.
ITEM NO. 5
STAFF REPORT - PLANNING COMMISSION MEETING OF
JULY 9, 2002
Public Hearing to consider the application of Mr. Hamid Heydarian, on
behalf of McGoon's Grog Shop, for a Conditional Use Permit (PLN2002-56)
to allow the establishment of a convenience store and off-sale general liquor
sales within an existing shopping center on property owned by Ralph and
Teresa Raabe located at 915 South San Tomas Aquino Road in a P-D
(Planned Development) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, Denying a Conditional Use Permit to
allow the establishment of a convenience store and off-sale general liquor sales within an
existing shopping center.
PROJECT DATA
Net Lot Area:
23,986 sq. ft. (.55 acres)
Building Area:
Parking:
Required:
Provided:
Multi-Tenant Building:
Subject Tenant Space:
7,410 sq. ft.
1,800 sq. ft. (23%)
Retail @ 1:200 per square foot = 37 parking spaces
35 parking spaces
Hours of Operation:
7:00 a.m. to 10:00 p.m. daily
Number of Employees:
Two employees per shift
Surrounding Uses:
North:
South:
East:
West:
Single-Family Residential
Single-Family Residential
Farm Milk Dairy Drive-In Market
Single-Family Residential
DISCUSSION
Background: McGoon's Grog Shop is currently located at 1277 West Hacienda Avenue in the
former Rolling Hills Shopping Center on the northwest comer of South San Tomas Aquino Road
and West Hacienda Avenue. The applicant has operated this business at this location for the past
twenty years and consists of the sale of liquor and limited grocery items. The request to relocate
the business is due to the recent interest of the property owner to redevelop the site.
S~aff Report - Planning Co .... nission Meeting of July 9, 2002
PLN2002-56 - 915 South San Tomas Aquino Road
Page 2 of 5
In an effort to solicit neighborhood input early in the land use decision process, the Planning
Division referred the project to the San Tomas Neighborhood Association (STNA.) The STNA
prepared a survey that they distributed to a large portion of the San Tomas Neighborhood
soliciting resident's input on the proposed project. The Planning Division received 71 STNA
surveys in opposition of the project, 74 STNA surveys in support of the project, 31 independent
responses from residents in the area in opposition of the project and 161 signed survey forms
from the applicant in support of the project.
On June 28, 2002 the Planning Division distributed a public hearing notice to all property owners
within a 500-foot radius of the project site (more than the normal 300-foot radius notification)
and to anyone who had requested to be notified of the public hearing and provided staff with an
address.
The project site is located on the southwest corner of Elam Avenue and South San Tomas
Aquino Road. The site is developed with a multi-tenant commercial building which is currently
occupied by a dry cleaners, Palermo Pizza, Nutri.com, Face Maker, and a professional office.
New Generation Pre-School is located at 1291 Elam Avenue, approximately 300 feet from the
project site.
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
the establishment of a convenience store with off-sale general liquor sales (beer, wine, hard
liquor) in an existing tenant space within the San Tomas Center located at 915 South San Tomas
Aquino Road. The applicant has indicated to staff that McGoon's Grog Shop is currently a liquor
store but he is proposing to operate a convenience store at the new location with more floor area
dedicated to grocery items and non-alcoholic drinks.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
Neighborhood Commercial. The proposed commercial use of a convenience store with off-sale
general alcohol sales is consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is P-D (Planned Development.)
Convenience stores and alcohol sales are permitted uses within this zoning district subject to the
approval of a Conditional Use Permit. The proposed project would be consistent with the
Zoning Ordinance with approval of a Conditional Use Permit.
Site Layout: The site is currently developed with a one-story commercial building, situated on
the southern side of the property. Parking is located on the northern half of the property and an
existing trash enclosure is located on the northwestern part of the property. An existing alcove is
located along the eastern side of the building and provides access to the transformer and
electrical room for the building. Existing problems associated with the alcove include vagrants,
loitering and littering. Conditions of Approval have been added that require the applicant to
upgrade the existing trash enclosure to accommodate a recycling bin for the cardboard associated
with the proposed business and provide additional landscaping and fencing around the alcove to
eliminate the existing problems.
Sicaff Report - Planning Co:mnission Meeting of July 9, 2002
PLN2002-56 - 915 South San Tomas Aquino Road
Page 3 of 5
Use: The establishment of a convenience store and any business which offers for sale any
product containing alcohol for human consumption, either on or off the premises, and for which
a license or permit is required by the State Department of Alcoholic Beverage Control, is
required to obtain a Conditional Use Permit.
The Planning Commission may approve convenience stores when it finds that:
The establishment, maintenance, or operation of the use will not be detrimental to the
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 eth neighborhood or to the general welfare of the city;
The proposed site is adequate in size and shape to accommodate the yards, walls, fences,
parking, and loading facilities, landscaping and other development features required in
order to integrate said use with uses in the surrounding neighborhood;
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such use would generate; and
4. The proposed use is compatible with the uses in the area.
Whenever a Conditional Use Permit is required for the sale of alcohol, the Planning Commission
must find all the following conditions in addition to the required findings above:
1. The establishment will not result in an over concentration of such uses in the area;
2. The establishment will not create a nuisance due to noise, litter, vandalism, traffic, or
other factors;
3. The establishment will not significantly disturb the peace and enjoyment of any nearby
residential neighborhood; and
4. The establishment will not significantly increase the demand on city services.
Attachment #5 shows the location of other liquor establishments within the vicinity of the
proposed use. The Farm Milk Dairy Drive-In market, which is a convenience store with an off-
sale beer and wine license which allows for the purchase of beer and wine to be taken off site for
consumption, is located across the street from the proposed use on the southeast comer of Elam
Avenue and South San Tomas Aquino Road. Palermo Pizza, which is located within the same
shopping center, is a restaurant with an on-sale beer and wine license, which allows for the
consumption of beer and wine on-site. Staff finds that the establishment of a third liquor
establishment within 200 feet of each other located in a predominately residential neighborhood
would constitute an over concentration of alcohol related uses.
Staff finds that the location of the Farm Milk Dairy Drive-In market, which provides off-sale
beer and wine sales serves as a public convenience and necessity for the existing neighborhood
Staff Report - Planning Cob,mission Meeting of July 9, 2002
PLN2002-56 - 915 South San Tomas Aquino Road
Page 4 of 5
and an additional convenience store with off-sale general liquor sales within this residential
neighborhood would represent an over concentration of such uses.
Staff also finds that the proposed use will create a nuisance due to noise, vandalism, and personal
and property crimes and would significantly disturb the peace and enjoyment of the nearby
residential neighborhood. Liquor establishments that sell containerized alcohol typically have
higher crime incidents than other standard retail uses based on police activity reports. Staff has
concluded that two liquor establishments that offer off-sale alcohol sales within 200 feet of each
other would create an over concentration of such related crimes and nuisances in a residential
neighborhood.
Building Design: No exterior architectural changes are proposed to the existing building as part
of the proposed project.
Parking and Traffic: Chapter 21.50 of the Campbell Municipal Code (Parking and Loading) for
a retail use or shopping center requires one space per each 200 square feet of gross floor area
which results in 37 required parking spaces. The Site and Architectural approval (R 87-07) for
the shopping center approved a shared parking configuration with 17 standard spaces, 17
compact spaces, one handicapped space and a bicycle rack. The parking configuration for the
site has not changed since the original approval and is not proposed to be changed as part of this
project. The bicycle rack is no longer located on the site and a Condition of Approval has been
added that requires that the bicycle rack be replaced in compliance with the original site
approval.
The square footage of the proposed convenience store is approximately 1,800 square feet, which
represents 24% of the building's total square footage. Based on the square footage for the
proposed project, the retail use would require nine parking spaces, which represents a
proportionate 26% of the total existing parking spaces.
Traffic generation for a convenience store (open 15-16 hours per day) does result in a higher trip
generation than other retail uses based on traffic studies published in the Institute of
Transportation Engineers Trip Generation Manual; however, staff does not typically look at trip
generations for proposed retail uses within existing shopping centers. Commercial tenants
typically change frequently within shopping centers and parking and traffic impacts related to the
shopping center are considered and addressed upon development of the site. Staff does not
anticipate that the proposed project would create an abnormal amount of traffic in comparison to
other retail uses allowed within the shopping center.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the proposed project. While McGoon's Grog Shop has had a
number of calls for service over the years at the former location in the Rolling Hills Shopping
Center, the volume is consistent with other liquor stores within the City.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of June 25, 2002 and recommended that the applicant
provide a new trash enclosure to accommodate the cardboard associated with the project and
Staff Report - Planning Coh,nission Meeting of July 9, 2002
PLN2002-56 - 915 South San Tomas Aquino Road
Page 5 of 5
additional fencing and landscaping around the eastern side of the building to eliminate existing
loitering, littering and vagrant problems associated with the alcove.
Attachments:
1. Findings for Denial of PLN2002-56
2. Findings for Approval of PLN2002-56
3. Conditions of Approval for PLN2002-56
4. Business Description for McGoon's Grog Shop
5. Map of other Liquor Establishments in the Vicinity
6. Exhibits
7. Location Map
Prepared by:
Approved by:
Stephanie Willsey, Planner I
Sharon Fierro, Community Development Director
Attachment #1
FINDINGS FOR DENIAL OF FILE NO. PLN2002-56
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
915 South San Tomas Aquino Road
Hamid Heydarian on behalf of McGoon's Grog Shop
July 9, 2002
Findings for Denial of a Conditional Use Permit to allow the establishment of a convenience
store and off-sale general liquor sales within an existing shopping center on property located at
915 South San Tomas Aquino Road.
The Planning Commission finds as follows with regard to File No. PLN2002-56:
1. It is not desirable to have three liquor establishments within 200 feet of each other located in
a predominately residential neighborhood.
2. The project site has a net area of 23,986 square feet and is developed with a 7,410 square foot
multi-tenant commercial building.
3. The proposed use would occupy 1,800 square feet of an existing 7,410 square foot
commercial building located within a residential neighborhood.
The establishment of a convenience store with off-sale general liquor sales would result in an
over concentration of such uses in the area due the location of an existing convenience store
across the street that has an off-sale beer and wine license and an existing restaurant within
the same shopping center that has an on-sale beer and wine license.
o
The establishment of a convenience store with off-sale general liquor sales would create a
nuisance due to noise, vandalism, and personal and property crimes based on police records
of the same business located at 1277 W. Hacienda Avenue and given the close proximity to
the existing convenience store across the street from the subject site with off-sale liquor
sales.
o
The establishment of a convenience store with off-sale general liquor sales would
significantly disturb the peace and enjoyment of the nearby residential neighborhoods due to
an over concentration of such alcohol related uses in the area and based on police records of
the same business located at 1277 W. Hacienda Avenue.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment, maintenance, or operation of the use applied for will 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 detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would significantly disturb the peace and enjoyment of nearby residential neighborhoods.
2. The proposed use is not compatible with the residential uses in the area.
Attachment #1
Page 2 of 2
3. The establishment will result in an over concentration of such uses in the area.
4. The establishment will create a nuisance due to noise, vandalism, personal or property
crimes, or other factors.
5. The establishment will significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
Attachment //2
FINDINGS FOR APPROVAL OF FILE NO. PLN2002-56
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
915 South San Tomas Aquino Road
Hamid Heydarian on behalf of McGoon's Grog Shop
July 9, 2002
Findings for Approval of a Conditional Use Permit to allow the establishment of a convenience
store and off-sale general liquor sales within an existing shopping center on property located at
915 South San Tomas Aquino Road
The Planning Commission finds as follows with regard to File No. PLN2002-56:
The establishment of a convenience store and off-sale general liquor sales within an existing
shopping center is consistent with the Neighborhood Commercial General Plan land use
designation and the P-D (Planned Development) Zoning District.
2. The project site has a net area of 23,986 square feet and is developed with a multi-tenant
commercial building of 7,410 square feet.
3. The proposed use would occupy 1,800 square feet of an existing 7,410 square foot
commercial building located within a residential neighborhood.
4. The establishment of off-sale general liquor sales will not result in an over concentration of
such uses in the area.
5. The establishment of off-sale general liquor sales will not create a nuisance due to noise,
litter, vandalism, traffic, or other factors.
6. The establishment of off-sale general liquor sales will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
7. The establishment of off-sale general liquor sales will not significantly increase the demand
on city services.
8. The Police Department has not expressed a concern with the proposed project.
o
The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA.)
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment, maintenance, or operation of the use applied for will not be detrimental to
the public health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
Attachment 4/2
Page 2 of 2
use would not significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
The proposed site is adequate in size to accommodate the parking, loading facilities, storage
needs and other development features required in order to integrate said use with uses in the
surrounding area or other uses sharing the project site.
3. The proposed site does have adequate vehicular circulation to carry the kind and quantity of
traffic such uses would generate.
The proposed use is compatible with the uses in the area and within the commercial shopping
center. The proposed use would not likely create a nuisance due to problems involving
parking, traffic, noise or other factors.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #3
CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-56
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
915 South San Tomas Aquino Road
Hamid Heydarian on behalf of McGoon's Grog Shop
July 9, 2002
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, 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
Planning Division
Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-56) to allow
the establishment of a convenience store and off-sale general liquor sales within an existing
shopping center on property located at 915 South San Tomas Aquino Road. The project shall
substantially conform to the project exhibits listed below; except as may be modified by the
Conditions of Approval contained herein:
ao
Project plans date stamped as received by the Planning Division on June 18, 2002
including a site plan, floor plan and elevations.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property. Failure to meet this deadline will result in the Conditional
Use Permit being void.
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
4. Hours of Operation: The operational hours shall be limited to 7 a.m. to 10 p.m. daily.
o
Signs: No signage is permitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53
of the Campbell Municipal Code.
6. Pay Phone: A pay phone is prohibited from being located on the subject property.
Attachment //3
Page 2 of 4
o
Fencing: The applicant shall submit a fencing plan with details regarding the design, material
and location of new fencing to secure the alcove located on the eastern side of the existing
building for review and approval by the Community Development Director prior to the
issuance of building permits for the project.
o
Landscaping: Prior to the issuance of building permits for the project, the applicant shall
submit four (4) sets of a detailed landscaping and irrigation plan, for review and approval by
the Community Development Director, for the replacement of a portion of the existing paved
area along the eastern side of the building in compliance with all applicable requirements of
the Uniform Building Code.
9. Bicycle Rack: The applicant shall indicate on the building plans the location for a new
bicycle rack to be located on site, prior to the issuance of building permits for the project.
10. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure(s) to the Planning Division for review and
approval by the Community Development Director prior to the issuance of building permits
for the project. All refuse and recycling containers shall be located in an enclosure
constructed and consisting of a concrete floor at least six inches in depth, surrounded by a
minimum six-foot high masonry wall and having a solid metal gate. The design of the
enclosure shall be compatible with the building. Driveways or aisles shall provide
unobstructed access for collection vehicles and personnel and provide at least the minimum
clearance required by the collection methods and vehicles utilized by the designated
collector. The wall, gate and surface inside the enclosure must be kept in sound repair and
condition. The refuse and recycling containers shall be kept in the enclosure at all times
except when being emptied by collection personnel.
11. Parking, Driveways and Maintenance: All parking and driveway areas shall be maintained in
compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the
Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove
litter and debris from the parking areas and driveways.
12. Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units,
shall be located on the roof of building without providing screening of the mechanical
equipment from public view and surrounding properties. Screening material and method
shall require review and approval by the Community Development Director prior to
installation of such mechanical equipment screening.
13. Liquor License: The applicant shall obtain a license from the State Department of Alcoholic
Beverage Control prior to the sale of alcoholic beverages.
14. On-Site Lighting: Any proposed 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, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
Attachment #3
Page 3 of 4
Building Division
15. Permits Required: A building permit application shall be required for the proposed
remodeling work proposed for the structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
16. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size Of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
18. 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.
19. 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 be clearly called
out. Site parking and path of travel to public sidewalks shall be detailed.
20. Title 24 Energy 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.
21. Special Inspections: When a special inspection is required by U.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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
22. Pollution Prevention: 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.
23. 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.
24. 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.
25. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
Attachment //3
Page 4 of 4
bo
Santa Clara County Fire Department
Santa Clara County Department of Environmental Health
PUBLIC WORKS DEPARTMENT
26. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
27. Street Improvements: Prior to issuance of any permits, the applicant shall execute a
street improvement agreement, cause plans for public street improvements to be
prepared, pay various fees and deposits, post security and provide insurance necessary
to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility
encroachment permit application is currently $255.00. The plans shall include the
following:
ao
Installation of 15-gallon tree and irrigation in the existing tree well on San
Tomas Aquino Road.
28. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permitting requirements and the California Storm Water
Best Management Practices Handbook prepared by the Storm Water Quality Task
Force, Santa Clara Valley Water District and the City of Campbell Municipal Code
regarding storm water pollution prevention. The City will provide the applicant with
information to assist in complying with this condition of approval. The primary
objective is to improve the quality and reduce the quantity of storm water runoff to the
Bay.
May16,2002
Planning Department
City of Campbell
70 North First Street
Campbell, CA 95008
Re: Application for Conditional Use Permit as it related to 915 San Tomas Aquino Road
Dear Member of The Planning Department,
Thank you for your consideration with regard to the attached application for a conditional
use permit relative to the above-mentioned location. I am the sole owner and operator of
"McGoon's Grog Shop" currently located a few blocks South of the subject site at 1277
Hacienda Avenue. I have been conducting business at this location for 20 years. My
business consists of grocery and liquir sales.
Within the past 20 years, McGoon's Grog Shop has become established as a fixture in the
neighborhood. The neighbors; who make up the majority of my clientel, know that they
can stop at McGoon's on their way into work for a cup of coffee, and be treated with
respect and kindness. The people of Campbell can depend on McGoon's to be a warm
and safe place to go to pick u[ a carton of milk on their way home for the evening.
Most recently, my business has become unexpectedly threatened with demises by virtue
of the demolition of the Rolling Hills Shopping Center, of which I am the last remaining
tenant. When news of McGoon's closing spread through the community the neighbors
took it to themselves to create a petition consisting of over 1,700 signatures, all in favor
of keeping McGoon's Grog Shop open for business. The Campbell reporter has also done
a recent article featuring McGoon's Grog shop and the neighbors interest in keeping it
open for business.
It is my hope that you will support this application for a conditional use permit. As
referenced herein, I have identified a suitable location ie: 915 San Thomas Aquino (a
portion of) in which to continue doing business. Please find attached, a list of pertinent
information as it relates to by business and new location that I hope to conduct business
at. Thank you for your time and consideration in this matter.
Sincerely,
Hamid Heydarian
MCGOON'S GROG SHOP
Proposed Site:
San Thomas Retail Center
915 San Thomas Aquino Road
(a portion of)
Space Requirement:
Approximately 1,800 square feet, 23% of 7410
sq. ft. retail center and being further described
as units 100 & 200.
Proposed Use:
Convenience Store
Grocery and Liquor Sales
Traffic Generation:
40-80 cars per day
Hours of Operation:
7:00am - 10:00pm 7 days a week
Hours of Delivery:
7:00am - 1 :OOpm Monday through Thursday
Number of Employees Per Shift:
2
CITY oF CAMPBELL
Community Development Department - Current Planning
June 28,2002
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, July 9, 2002, in the City Hall Council Chambers, 70
North First Street, Campbell, California, for a Public Hearing to consider the application of Mr.
Hamid Heydarian, on behalf of McGoon's Grog Shop, for a Conditional Use Permit (PLN2002-
56) to allow the establishment of a convenience store and general off-sale liquor sales within an
existing shopping center on property owned by Ralph and Teresa Raabe located at 915 S. San
Tomas Aquino Road in a P-D (Planned Development) Zoning District. This project is
Categorically Exempt.
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. PLN2002-56
Address: 915 S. San Tomas Aquino Road
70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2140 . e^x 408.866.8381 - TI)~) 408.866.2790
CITY oF CAMPBELL
Community Development Department - Current Planning
June 18, 2002
Re: PLN2002-56- 915 S. San Tomas Aquino Road - Use Permit - McGoon's Grog Shop
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, June 25, 2002
Time: 5:10 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, July 9, 2002
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
Stephanie Willsey
Planner I
cc:
Hamid Heydarian (Applicant)
1277 Hacienda Avenue
Campbell, CA 95008
Ralph & Teresa Raabe (Property Owners)
Petrilli-Ferrafi Trust
2328 Westmoreland Drive
San Jose, CA 95124
70 North First Street - Campbell, California 95008-1436 . TEL 408.866.2140 . F,aX 408.866.8381 · TDD 408.866.2790
· OecH A~0 ·
City of Campbell -- Community Development Department
70 N. First Street~ Campbell~ CA 95008
MEMORANDUM
To: Site and Architectural Review Committee
From: Stephanie Willsey, Planner I ~
Subject: 915 S. San Tomas Aquino Road - McGoons Grog Shop
Date: June 18, 2002
PROPOSAL
The applicant is requesting approval of a Conditional Use Permit to allow the relocation of McGoons
Grog Shop from its current location at 1277 Hacienda Avenue (former Rolling Hills Shopping Center)
to 915 S. San Tomas Aquino Road (San Tomas Center.) The Conditional Use Permit would include the
establishment of a convenience market as well as general off-sale alcohol sales in conjunction with the
market.
Staff has conducted extensive public outreach in anticipation of any neighborhood concerns has
received over 200 letters of response from the immediate neighborhood as well as other people in the
San Tomas Neighborhood both in support and opposition of the project.
Some of the issues the neighborhood raised are as follows:
Over concentration of liquor establishments in a residential neighborhood. The location is within
300 feet of the Milk Store which has an off-sale beer and wine license as well as Palermo Pizza in
the same shopping center which has an on-sale beer and wine license.
New Generation Pre-School is located within 300 feet of the store at 1291 Elam Avenue.
· Would intensify and add to the Milk Store's problems.
· Attracts the "undesirables" to this residential neighborhood.
· Would create more traffic at an already impacted intersection.
SARC ISSUES
· Alcove area to the left of the building creates an area for people to loiter and for transients to sleep.
· Adequacy of the existing parking lot to accommodate the proposed use.
CITY OF CAMPBELL
Community Development Department - Current Planning
June 11,2002
Mr. Hamid Heydarian
McGoon's Grog Shop
1277 Hacienda Avenue
Campbell, CA 95008
Re:
Conditional Use Permit Application
City File No.: PLN2002-00056
915 S. San Tomas Aquino Road
Dear Mr. Heydarian:
Thank you for your Conditional Use Permit application for the establishment of a convenience
market and general off-sale liquor sales in an existing shopping center located at 915 S. San
Tomas Aquino Road. The granting of a Conditional Use Permit will require approval by the
Planning Commission and will be decided upon at a public hearing.
Your application has been deemed incomplete. The following additional information and details
are needed in order to deem your application complete and schedule it for Planning Commission:
Project Summary - Please see the enclosed worksheet. This information must be provided
either on the title sheet or the site plan. If you would like you can copy this worksheet onto
the title sheet or site plan.
e
Site Plan - The site plan submitted is incomplete and does not meet the submittal
requirements as described in the Use Permit Application. The following information needs to
be included on the site plan:
a. Dimensions of each tenant space within the existing building including the names of the
tenants and suite numbers for each suite.
b. All standard and compact spaces shall be clearly identified on the plans and their
dimensions clearly indicated.
c. Provide location and uses of buildings on adjacent properties. Describe the height,
setbacks, and type of structures on adjacent properties.
d. Location map.
3. Elevations - The following information needs to be included on the elevations:
70 North First Street · Campbell, California 95008-1436 · tEL 408.866.2140 . ~x 408.866.838 I · TDD 408.866.2790
a. Name and location of each tenant.
b. Location for the proposed convenience market.
4. Floor Plan - The following information needs to be included on the floor plan:
a. Dimensions of each tenant space within the existing building including the names of the
tenants and suite numbers for each suite.
Please submit three sets of revised plans of photographic quality with the above required
information and seven sets of reduced plans (11 x 17 size.) If you have any questions about the
comments contained herein, please feel free to give me a call at (408) 866-2143 or via email at
stephaniew @cityofcampbell.com.
Sincerely,
Stephanie Willsey
Planner I
encl:
Project Summary Sheet
cc: Geoff Bradley, Senior Planner
CITY OF CAMPBELL
Police Department
June 10,2002
Hamid Heydarian
Owner
McGoon's Grog Shop
1277 W. Hacienda Ave
Campbell, CA 95008
Dear Hamid Heydarian:
The Campbell Police Department recently conducted an investigation at numerous retail
establishments in Campbell that sell tobacco. The purpose of this effort was to promote
compliance with the laws regulating the sale o£tobacco to minors.
During the week of June 2-8, 2002, the Campbell Police Department sent a minor (under
the direct observation of a plainclothes police officer) into your store requesting to
purchase cigarettes. We are happy to inform you that the clerk at your store followed the
rules of the law and asked for identification from the minor. When the minor was not
able to produce the proper identification, the clerk did not sell the cigarettes.
The Campbell Police Department will continue to conduct investigations of this nature
periodically. If you need any additional information on taws regulating the sale of
tobacco or training materials for employees, please contact Cindy Campbell at 866-2185.
Thank you and your employees for working with us to prevent the sales of tobacco
products to underage minors.
Sincerely,
Captain David Dehaan
Campbell Police Department
70 North First Street . Campbell, California 95008.1497 · TEL 408.866.2121 - F^X 408.379.7561 · TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department - Current Planning
May 28, 2002
Ms. Susanne Waher-President
San Tomas Neighborhood Association
1381 Estrellita Way
Campbell, CA 95008
Re:
McGoon's Grog Shop
City File No.: PLN2002-00056
Dear Ms. Waher:
The City of Campbell Planning Division has received a Conditional Use Permit
application for the relocation of McGoon's Grog Shop currently located at 1277 W.
Hacienda Avenue to 915 S. San Tomas Aquino Road (southwest comer of San Tomas
Aquino Road and Elam Avenue.)
McGoon's Grog Shop has operated at the above stated location for the past 20 years and
consists of the sale of alcohol and limited grocery items. The request to relocate the
business is due to the recent interest of the property owner to redevelop the site. The new
store would consist of approximately 1,800 square feet of a 7,300 square foot retail
center. The applicant has indicated that there would be two employees per shift and the
hours of operation would be from 7:00 a.m. to 10:00 p.m.
In an effort to solicit neighborhood input early in the land use decision process, please
find enclosed a copy of our referral sheet and a reduced set of plans. It is our intent to
send this to the San Tomas Neighborhood Association so that you may facilitate any
needed community outreach and respond to the City with any comments.
Please return the enclosed referral sheet with any comments by June 12, 2002 to insure a
timely response to the applicant regarding his application.
If you have any additional questions you may contact me at (408) 866-2143 or via e-mail
at stephaniew @cityofcampbell.com.
70 North First Street · Campbell, Califorma 95008-1436 - TEL 408.866.2140 · ~:,~× 408.866.8381 · TDD 408.866.2790
City File No.: PLN2002-t~O056 Page 2 o, f 2
Sincerely,
Stephanie Willsey
Planner I
encl: Referral Sheet
Reduced Plans
cc:
Sharon Fierro, Community Development Director
Geoff Bradley, Senior Planner