Chapt 21-Liquor Estab (1992)ORDINANCE NO. 1865
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AMENDING CHARS 21.02, 21.06, 21.22, 21.26,
21'.72 OF THE CAMPBELL MUNICIPAL CODE. FILE NO. TA 92-02.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapters 21.02, 21.06, 21.22, 21.26, 21.72, of the
Campbell Municipal Code are hereby amended as set forth in Attachment
"A" attached hereto.
SECTION TWO: This ordinance shall become effective thirty (30) days
following its passage and adoption and shall be published once within fifteen
(15) days upon passage and adoption in the Campbell Express, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
Passed and Adopted this 7th day
call vote:
December
1992, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers: None
Councilmembers: None
Councilmembers: None
Burr, Watson, Ashworth, Dougherty, Conant
ATTEST:
Barbara D. Conant, Mayor
Anne Bybee, City Clerk
ATTACHMENT "A"
SUMMARY OF PROPOSED CHANGES TO CHAPTER 21.02, 21.06,
21.22, 21.26, 21.72 OF THE CAMPBELL MUNICIPAL CODE
Chapter 21.02 Definitions
1. Chapter 21.02.110 is amended to read:
Section 21.02.110 Business, retail. "Retail business" means retail sale of
any article, substance or commodity for profit or livelihood, conducted
within a building but not including liquor stores, convenience markets,
the sale of lumber or other building materials or the sale of used or
secondhand goods or materials of any kind. (Ord. 1617 S1 (part), 1986).
Section 21.02.127 is added to Section 21.02 of the Campbell Municipal
Code to read:
Section 21.02.127 Convenience Market. A "Convenience Market" is a
market whose primary activity is the retail sale of food, beverages, and
small personal'item$~predovhinatel~ for off-premises consupfion and
typically found in establishments with long or late hours of operation
and in relatively small buildings; but excluding delicatessens and other
specialty food shops and also excluding establishments which have a
s~zeable' assortment of fresh fruits and vegetables and fresh-cut meat.
o
Section 21.02.233 is added to Section 21.02 of the Campbell Municipal
Code, to read:
Section 21.02.233 Liquor Store. An activity that is primarily devoted to
the selling of alcoholic beverages, including beer and wine, for
consumption off the premises.
Chapter 21.06 Planned Development Permit
,-1;
2. Section 21.06.070 is stricken as it presently reads and amended to read as
Attachment "A"
Pa~e -2-
December 7, 1992
o
follows:
21.06.070 Projects which may be approved by a use permit.
The following projects or uses may be considered and approved by the
Planning Commission in accordance with the provisions of Chapter
21.72 of this Title:
go
Projects in an existing Planned Development zoning district which
have an estimated construction value to .be established by the
building department of less than fifty thousand dollars;
B. The establishment of a use in an existing building when no
development plans are required;
C. The use of property for a liquor establishment, including any
business, private club, or other activity that offers for sale any
product ~containing. alcohol for human consumption, either .on or.
off the premises for which a license or permit is required from the
State Alcoholic Beverage Control Department.
Section 21.06.100 is amended as follows:
21.06.100 Action by the planning commission.
go
The planning commission shall hold a public hearing on a planned
development application. The hearing shall be noticed as
prescribed in Chapter 21.78, (public hearing notice procedures).
Following public hearing and within sixty days after the acceptance
of the application for a planned development permit, the planning
commission shall report its findings and recommendations to the
city council by resolution, unless the application is continued with
the concurrence of the applicant, in which case the sixty-day period
may be exceeded. The commission may recommend approval of
the proposed development if it finds that all of the following
criteria have been satisfied with regard to the elements set forth in
Section 21.06.060:
1. The proposed development or uses clearly would result in a
more desirable environment and use of land than would be
possible under any other zoning classifications;
2. The proposed development would be compatible with the
general plan of the city and will aid in the harmonious
development of the immediate area;
Attachment "A"
Pa[~e -3-
December7,1992
The proposed development will not result in allowing more
residential units than would be allowed by other residential
zoning districts which are consistent with the general plan
designation of the property;
The proposed development would not be detrimental to the
health, safety, or welfare of the neighborhood or of the city as a
whole.
Co
In recommending approval, the commission may also recommend
conditions as it deems reasonable and necessary under the
circumstances to carry out the intent of this chapter and the general
plan. The commission may also recommend time limits within
which the condition must be fulfilled and the proposed
development started and completed.
Following the hearing and within sixty days after the acceptance of
the application for a use permit, pursuant to Chapter 21.06.070, the
planning commission shall make a determination in accord, with
Chapter 21.72 of this title.
Chapter 21.22 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
1. Section 21.22.020 is relettered and amended to read as follows:
21.22.020 Uses permitted without use permit.
The following uses are permitted subject to approval in accordance with
the provisions of Chapter 21.42 "S" Site and Architectural Review Area,
provided such uses are conducted entirely within an enclosed building.
B.
C.
D.
E.
F.
G.
H.
I.
Bakery;
Barber shop or beauty parlor;
Branch bank;
Clothes cleaning agency or pressing establishment;
Candy stores;
Customer dressmaking or millinery shop (no factory);
Drug store;
Dry goods or notions store;
Florist or gift shop (products containing alcohol may be
included in gift baskets, flower arrangements, or other similar
uses as approved by the Planning Director, upon finding that
the sale of alcohol would be incidental to the primary business.
activity on the site. Business permitted sell alcohol in
Attachment "A"
Pai~e -4-
December 7, 1992
accordance with this section must obtain the required licenses
or permits from the State Alcoholic Beverage Control
Department. Uses meeting the definition of a liquor store as
defined by section 21.02.233 of the Campbell Municipal Code
shall not be considered as florist or gift shop.)
J. Furniture store;
~. K. Hardware or electric appliance store;
M-. L Jewelry store;
N. M. Laundry agency or launderette;
O N. Meat market or delicatessen;
P-,- O. Office, business or professional;
~. P. Photographer, studio and supply store;
1~. Q. Public parking area, when located and developed as required in
Chapter 21.50, Parking and Loading;
~- R__:. Restaurants or cafes (excluding fast food or drive-in
establishments, dancing, entertainment, and the sale of
.... alc~h°lic beverages') ....... '" ....
:F--,S. Shoe store and shoe repair shop;
~3-. T. Tailor, clothing or wearing apparel shop;
V. U.
Other uses similar to the above pursuant to Section 21.59.070.
(Ord. 1617 Sl(par0, 1986).
Section 21.22.030 is relettered and amended to read as follows:
21.22.030 Uses permitted with use permit.
The following uses are permitted subject to approval of a conditional use
permit as prescribed in Chapter 21.72, Conditional Uses, provided that
such uses must be conducted wholly within an enclosed building unless
otherwise approved:
A. Those uses specified in Section 21.72.120, Additional Uses
Permitted;
B. Arcade, as defined in Section 5.30.010;
C. Auto sales and leasing;
D. Automobile service stations, subject to compliance with all of
the following standards and conditions:
1. Minimum net lot area of sever, teen thousand square feet,
2. There shall be minimum setbacks as follows:
a. Twenty-five feet from street property lines to
structures other than pump islands and canopies
b. Fifteen feet from street property line to pump islands
and canopies
c. Ten feet from side and rear property lines for all
Attachment "A"
Pa~e -5-
December7,1992
Eo
F.
G.
H.
structures,
3. Except as hereinafter provided, only those products
pertaining to automotive use may be sold, and all
operations and display of merchandise shall be within an
approved structure, except those required for the
dispensing of gasoline, propane, water and air and the
replenishment of oil. The installing of refreshment and
cigarette vending machines, or telephone booths are
permitted. The sale of either retail or wholesale of other
products or materials shall be permissible upon such
conditions as the commission may establish, including
area, structural design of structures where the products
and materials are displayed and sold, and the effect upon
the traffic and safety. Such use, if granted, shall be subject
to the business license provisions of this code,
independent and separate from the license granted for a
service station operation,
Exterior'lighting mu§t 'be'erected' and'maintained so.as to'
cast no glare upon any adjacent property or public right-of-
way,
5. Structures shall be in conformity with neighborhood
architecture as determined by planning commission, and
subject to "S" approval;
Auto tune-up or muffler shop;
Bookstore;
Commercial schools;
Conversion of a residential structure for office and/or
commercial use;
Dancing and entertainment, subject to compliance with the
following conditions:
1. Must be associated with restaurant, cafe or bar,
2. Shall be in a location where sue will be compatible with
surrounding development,
3. The type of entertainment shall be specified in the
application and approved by the planning commission,
4. A permit shall be issued only to the person operating the
busiv, ess and shall not be transferable to any subsequent
owner or operator,
5. The permit may be issued only after a report by police
chief indicating that applicant has reputation for
compliance with laws and regulations of city;
6. The permit may be suspended or revoked by city council
after public hearing for which notice has been given to the
Attachment "A"
Pane -6-
December 7,1992
L.
Mo
~. O.
M.. P.
permittee and property owner. At the public hearing, the
city council shall consider the report of the chief of police
and such other information as may be presented;
Fast Food or Drive-In Restaurants
Grocery Stores and Convenience Markets
Indoor commercial recreational facilities such as, but not
limited to, health spas, gyms, tennis, racquetball and handball;
Late night uses occurring between 11.p.m. and 6 a.m.
Liquor establishments, other than those establishments
permitted to sell alcoholic beverages under Section 21.22.020.,
including any business, private club, or other activity 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 Alcoholic Beverage
Control Department.
Massage establishment as defined in Section 5.30.010;
Nursery and/or garden .center; .. ·
'Pet clinic, subject to compliance'With th'~ f~ll°wing'c°nclitions:
1. Treatment at such clinic shall be confined to small
animals, such as dogs, cats, birds and the like,
2. All animals shall be treated on an outpatient basis and no
overnight boarding shall be permitted except that three to
'five animals may be kept overnight on the premises for
treatment purposes only,
3. The entire clinic, including treatment rooms, cages or
pens shall be maintained with a completely enclosed,
soundproof building constructed of materials which will
insure that no sound exceeding sixty-five decibels shall be
audible on the exterior of the building. The clinic shall
also be provided with air-conditioning which is adequate
to prevent the necessity of opening doors and windows
for ventilation purposes,
4. The clinic shall be designed and operated in such a
manner as to guarantee that no objectionable odors or for
the off-site disposal of all dead animals and of all waste
materials shall be made in compliance with county health
standards. The removal of such waste material and dead
animals on the premises,
5. The proposed operation shall be located no closer than
fifty feet to any residentially zoned property,
6. The planning commission shall have the authority to
determine the normal hours of operation for each such
clinic dependent on location; however, emergency calls
Attachment "A"
Pa~e -7-
December7,1992
O~. R.
~. S.
T.
after hours shall not be prohibited,
7. The planning commission shall find that the use in the
proposed location is compatible with other uses in the
surrounding area,
8. Pet clinics shall comply with other state, county, and city
ordinances, or portions thereof, which pertain to the use
or zone wherein such use is conducted;
Product and prototype design;
Tanning studios;
Other uses similar to the above, pursuant to Section 21.59.070.
(Ord. 1617 $1(par0, 1986).
Chapter 21.26 C-3 CENTRAL BUSINESS DISTRICT
1. Section 21.26.020 is renumbered and amended to read as follows:
21.26.020 Uses permitted without use permit.
The following uses are permitted without a use permit provided such
uses comply with all provisions of this chapter and are conducted
entirely within an enclosed building unless otherwise approved, in
accordance with Section 21.26.030:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Antique store;
Art gallery;
Bakery;
Barber shop or beauty parlor;
Clothes cleaning or pressing agency;
Clothing or shoe store;
Custom dressmaking, tailor or millinery shop (no factory);
Department store;
Drug store;
Dry goods or notions store;
Fabric store;
Florist or gift shop; (products containing alcohol may be
included in gift baskets, flower arrangements, or other similar
uses as approved by the Planning Director, upon finding that
the sale of alcohol would be incidental to the primary business
activity on the site. Business permitted to sell alcohol in
accordance with this section must obtain the required licenses
or permits from the State Alcoholic Beverage Control
Department. Uses meeting the definition of a liquor store as
defined by section 21.02.233 of the Campbell Municipal Code
shall not be considered as florist or gift shop.)
Attachment "A"
Pal~e -8-
December 7, 1992
/'1
~"~ (13)
f~ =~(14)
f~ (15)
(! ."q, (16)
t~Q~ (17)
(]8)
e~m (19)
~o~ (20)
(22) (21)
~'~=~ (22)
ro~ (23)
~'~=~ (24)
~'o,~, , (25)
r'~'~ (26)
(28)
~am (29)
~a~ (30)
Furniture, electronics or appliance store;
Hardware store;
Hobby or crafts store;
Jewelry store;
Luggage or leather goods store;
Meat market or delicatessen;
Offices, including administrative, executive, financial, real
estate, general business and professional, except on the ground
floor for parcels abutting E. Campbell Avenue east of Second
Street;
Pet shop;
Photographic studio or photo processing;
Plant store;
Print or publishing shop;
Restaurant (standard restaurant only);
Shoe r.epair;
SPorting'goods stor~; : ' ...... ' ' '
Travel agency;
Variety/general merchandise store;
Video rental store;
Other uses similar to the above pursuant to Section 21.59.070.
(Ord. 1732 Sl(Exh. A(part), 1988).
Section 21.26.030 is renumbered and amended to read as follows:
21.26.030 Uses permitted with use permit.
The uses listed below are permitted subject to approval of a conditional
use permit as prescribed in Chapter 21.72, Conditional Uses; provided,
that such uses must be conducted wholly within an enclosed building
unless otherwise approved. Any use permit approved by the planning
commission in the C-3 zoning district shall be referred to the city council
for ratification. Use permits approved under the provisions of this
section shall not become effective unless and until such ratification is
given:
(1)
(2)
(3)
(4)
(5)
(6)
Those uses specified in Section 21.72.120, Additional Uses
Permitted;
Arcade (containing amusement devices and games);
Bank or similar financial institution;
Bookstore;
Fast food restaurants;
Grocery Stores and Convenience Markets
Attachment "A"
Page -9-
December 7, 1992
(~,~ (7) Health spa or figure salon;
(8) Late night uses occurring between 11 p.m. and 6 a.m.
(70, (9) Liquor establishments, other than those establishments
permitted to sell alcoholic beverages under Section 21.26.020,
including any business, private club or other activity 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 Alcoholic Beverage
Control Department.
($) (10) Night club or live entertainment;
49}- (11) Offices, including administrative, executive, financial, real
estate, general business, and professional located on the ground
floor of parcels abutting E. Campbell Avenue east of Second
Street;
t~m,~v, (12) Record store;
(!!) (13) Residential condominiums or apartments (upper floors only);
(!2) (14) Parking lot or structure;
'(!3) '(15) Secondh~ind 6r thrift store; ' ' '"' ' ' .....
t~,. ~, (16) Theater;
(!5) (17) Uses conducted outside of buildings, subject to the following:
(A) The outside use shall not obstruct any public right-of-way,
(B) The outside use shall be limited to an area specifically set
forth in the conditional use permit, and to the use set
forth therein,
(C) The outside use shall be designed and maintained in a
manner that is aesthetically harmonious with the
surrounding structures,
(D) The outside use shall be operated, designed and
maintained in a manner to prevent any obnoxious or
offensive noises or odors from being perceptible beyond
the boundaries of the property;
(!5) (18) Other uses similar to the above pursuant to Section 21.59.070.
(Ord. 1732 Sl(Exh. A(part), 1988).
Chapter 21.72 CONDITIONAL USES
A. Section 21.72.052 is added to Chapter 21.72 and reads:
21.72.052. Special findings for liquor establishments
Whenever a use permit is required for a liquor establishment by this
Title, the planning commission must find all the following conditions
in addition those findings set forth in Section 21.72.050., are satisfied in
order to grant the Use Permit:
Attachment "A"
Page -10-
December 7, 1992
The establishment will not result in an over concentration of such
uses in the area.
The establishment will not create a nuisance due to noise, litter,
vandalism, traffic, or other factors.
The establishment will not significantly disturb the peace and
enjoyment of nearby residential neighborhood.
The establiShment will not significantly increase the demand on
City services.
CITY COUNCIL MINUTES OF DECEMBER 7, 1992
14. City-initiated application for a text amendment to Chapters
21.06t 21.22t 21.26 and 21.72 of the Campbell Municipal Code
revising the procedures for off-sale liquor/beer and wine
licenses (Ordinance/Second Reading)
Second Reading of Ordinance 1865 approves a City-initiated
text amendment to Chapters 21.06, 21.22, 21.26 and 21.72 of
the Campbell Municipal Code revising the procedures for
off-sale liquor/beer and wine licenses.
Proof of PubliCation
(2015.5 C.C.P.)
267 E. Campbell Avenue, Campbell, CA 95008
(408) 374-9700
Fax: (408) 374-0813
STATE OF CALIFORNIA
County of Santa Clara
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter. I am
the principal Clerk of the printer of the Campbell Express/
Cambrian News, a newspaper of general circulation, printed
and published each Wednesday in the City of Campbell,
California, County of Santa Clara, and which newspaper has
been adjudged a newspaper of general circulation by the Su-
perior Court of the County of Santa Clara, State of Califor-
nia, under the date of February 8, 1956. Case number 96461
that the notice of which is annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof in the following dates, to-wit:
all in the year 19
I certify (or declare) under penalty of perjury that the forego-
ing is true and correct.
Dated at San Jose, California, thisc->~'~)
dayof ' f~':) · ,19 '~.~'
Signature
This spac for the County Clerk's filing stamp.
Proo f~o f Publication- o f c_~ '~ -
Place
BEING: ~A SUMMARY "OR-
DINANCE OF THE CITY COUN-
CIL OF THE CITY OF CAMPBELL
AMENDING CHAPTERS 21.02,
21.06, 21.22, 21.26, 21.72 OF THE
CAMPBELL,'MUNICIPAL CODE,
FILE'NO~~" c. . 'i::
The' City Council of the
Campell does ordain as follows:
SECTION;ONE:" 'That Chapf~rs'
21 ;02, 21.06, 21.22, 21.26, 21.72, of
the Campbell Municipal Code are
hereby amended as summarized
below: ., ~'
1. Revise the procedm;es for Ob-
taininG an off-sale liquor
license 'to permit *,florist and
Gift shops to include*alcohol
with floral arrangements and
, Gift baskets.
Z, Amend the C:I (NeiGhborhOod
Commercial) Ordinance list of!
uses permitted with a use per-
mit and uses permitted
without a use permit.
3. Modify the approval process
for use permits in PD (Planned
Development Zones).
SECTION 'I'WO: This ordinance
shall become effective thirty (30)
days following 'its passage and
adoption and shall be published
once within fifteen (15) days upon
passage and fidoption in the
Campbell Express, a newspaper
of General circulation in the City
of Campbell, Cobnty of Santa
Clara.
Said Ordinance shall be con-
sidered for final adoption at.
theregular meeting of the City
Council on December 7, 1992.
Pub: 11-25-92
Space
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jim Cost, Police Chief
Tim J. Hal~
November 18, 1991
TA 91-02, Conditional Use Permit requirement for Liquor
Establishments
Please find attached a draft ordinance which would allow a procedural change
in review of liquor establishments for the Commercial Zoning districts in town.
The proposed amendment would allow the establishment of off-sale beer and
wine uses without a Use Permit in all the Commercial Zoning districts. An
exception is provided for drive-up or drive-through restaurants and retail
operations which sale motor vehicle fuel. These exceptions would still be
required to get approval of a Condition Use Permit.
The attached ordinance also provides for a Use Permit review of all liquor
establishments in a PD, Planned Development Zoning District.
A Conditional Use Permit procedure involves the placement of an item before
the Planning Commission at a Public Hearing, and requires that the
Commission make the findings setforth in Section 4 of the attached ordiannce.
If you would like to discuss any of the proposed changes on this ordinance,
please do not hesitate to contact me at X2144.
This matter has been scheduled for the Planning Commission meeting of
December 10, 1991, and for consideration by the City Council at its second
meeting in January.
CC:
Steve Piasecki
Terry Beaudry
Tom Frutchey
CITY COUNCIL MINUTES
City of Campbell. 70 North First Street. Camp_hell. Call. mia
TUESDAYr 7**30 P.M. - ~~_R COU~CZL ~AMB~R
12. City-initiated application for a([~'X~'~to Chapters 21.06,
~ 21.22,21.26 and 21.72 of the Camp--b~II--Municipal Code revising the
procedures for off-sale liquor/beer and wine licenses (Introduce
Ordinance/Roll Call Vote)
Planning Director Piaseckt - Staff S"mmAL*Y Report dated 11-17-92.
Mr. Piaseckt indicated that the staff is suggesting an addition to
the ordinance which provides a definition for "convenience
markets."
The Mayor declared the public hearing opened. There being no
discussion by those present in the audience, tho public hearing
was closed. -
N/S: Watson/Burr - to Introduce for first reading Ordinance 1865
approving a text mnendnent to the Campbell Nunicipal Code revising
procedures for off-sale liquor licenses in comrcial zones,
including the definition for "convenience markets". Notion
adopted by the following roll call vote=
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Burr, Watson, Ashworth, Dougherty, Conant
None
None
The City Clerk read the ordinance title.
M/S: Burr/Watson - to waive further reading.
unanimously.
Motion adopted
Oty
Council
Report
ITEM NO.:
CATEGORY:
MEETING DATE:
Public Hearings
November 17, 1992
TITLE
Introduce an ordinance approving a Text Amendment to the Campbell Municipal
Code revising procedures for off-sale liquor licenses in commercial zones. TA 92-
02, City-Initiated. (Introduction of Ordinance/Roll Call Vote)
RE(~QMMENDATIQN
That the City Council adopt an ordinance incorporating the modifications in
Attachment "B" as proposed by staff, approving the proposed text amendments
to the Campbell Municipal Code.
BA(~KCa, ROUND
In 1989, the City Council requested a revision to the procedure for off-sale
liquor licenses. The revisions were included in the Planning Department's
work program for the Fiscal Year 1991-92.
Staff received a letter from the downtown store "A Little Something Special"
noting the difficulty and expense involved in obtaining an off-sale liquor
license. At its meeting of February 4, 1992, the City Council unanimously
authorized revisions the Planned Development and Commercial Ordinances
in order to revise the procedures for off-sale liquor licenses.
DISCUSSION
Under the proposed text amendments, florists and gift shops, such as "A
Litde Something Special", would be able to include alcohol in gift baskets
and balloon arrangements without a use permit and public hearing. The
proposed amendments would also require that late night uses open between
11 p.m. and 6 a.m. and grocery/convenience markets obtain use permits.
The proposed text amendments include technical revisions to the effected
ordinances. Use permits in PD zones, which currently require ratification by
the City Council, would be modified to allow approval by the Planning
Commission. The proposed modification streamlines the use permit
process and provides consistency in the City's ordinance structure.
Presently, use permits in C-1 and C-2 zones are approved without ratification
by the City Council. The Council retains approval of Planned Development
Permits.
C. Staff is also recommending that fast food and drive-through restaurants in the
City Council Report -- TA 92-02
Page -2-
November 17, 1992
C-1 zone require a use permit. This would be consistent with the approval
process in the more intensive C-2 zone which requires a use permit for fast
food and drive-through establishments. Sit-down restaurants in both the C-1
and C-2 zones would continue to be a permitted use.
The Planning Commission, at its meeting of October 27, 1992, adopted
Resolution No. 2821 (4-0-3) recommending that the City Council approve the
proposed text amendments.
Eo
Staff recommends a minor revision to the Planning Commission
recommendation. Staff proposes to add a definition for the term
"convenience market" and delete food stores as a permitted use in the C-3
zones. Food stores duplicate grocery stores and convenience markets which
are already addressed in the C-3 ordinance.
Staff has consulted with the Chamber of Commerce regarding the proposed
modifications. The Chamber Board unanimously voted to support the text
amendments. Attached is a letter from Chamber stating their support for
the proposals.
ALTERNATIVES
A°
Deny the proposed Amendments
No modifications would be made to the off-sale license procedure.
Bo
Select a Different Approach
This would direct staff and the Commission to modify the process in a
different manner.
Attachments:
1. Proposed Ordinance
2. Attachment "B" -- Proposed Modification
3. Planning Commission Resolution No. 2821
4. Staff report dated October 27, 1992
5. Planning Commission Minutes of October 27, 1992
6. City Council Report of February 4, 1992
7. City Council Minutes of February 4, 1992
8. Letter from Campbell Chamber of Commerce dated/October 27, 1992
Prepared by: . mitred by:
Curtis Banks, Planner II Randal Tsuda, AICP
Senior Planner
Approved by:
Mark Ochenduszko,
City Manager
RESOLUTION NO. 2821
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT
TO THE CAMPBELL MUNICIPAL CODE AMENDING CHAPTERS 21.02,
21.06, 21.22, 21.26, 21.72. CITY INITIATED APPLICATION, PLANNING FILE
NO. 92-02.
After notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after
presentation by the City Attorney, proponents and opponents, the hearing
was closed.
After due consideration of all evidence presented, and based upon the
following findings, the Commission did determine that there was a
significant need to amend Chapters 21.02, 21.06, 21.22, 21.26, 21.72 to the
Campbell Municipal Code.
The sale of alcohol with floral arrangements and gift baskets is similar to
other permitted uses in Commercial Zoning Districts.
The proposed criteria setforth in Chapter 21.72 as amended outlines
findings for the Planning Commission in reviewing requests for liquor
establishments.
o
The proposed Text Amendments provides for greater consistency in the
review of restaurants and business's selling or serving alcohol.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The proposed amendments are consistent with the Zoning and General
Plan for the City of Campbell.
°
The amended review procedures enables a review and decision by the
Planning Commission for most businesses selling or serving alcohol.
o
The amended review procedures allows for public input and
participation in the decision making process when appropriate.
The Planning Commission does hereby recommend that the City Council
adopt the attached Ordinance enacting the necessary legislation to make the
proposed text amendments effective.
Planning Commission Resolution No. 2821
Page -2-
October 27, 1992
PASSED AND ADOPTED the 27th day of October 1992, the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alne, Fox, Perrine, Dougherty
None
Meyer-Kennedy, Wilkinson, Higgins
None
APPROVED:
David Fox
Chairperson
ATTEST:
Steve Piasecki
Secretary
e
TA 92-02 Public Hearing to consider the City-Initiated application for
City-Initiated approval of a Text Amendment to Chapters 21.06, 21.22, 21.26,
and 21.72 of the City's Munidpal Code revising the procedures
for off-sale liquor/beer and wine licenses, and listing uses
permitted without a Use Permit and uses permitted with a Use
Permit, within Commercial Zoning Districts.
Chairperson Fox read the application into the record.
Mr. Curtis Banks presented the staff report noting the following:
· The text amendment was initiated by a request from "A Little Something
Special."
· City Coundl authorized staff to proceed with a text amendment to allow
florists and gifts shops to include alcohol in gift baskets.
· Staff included a definition to require businesses that operate in the late
evening hours to be required to obtain a Use Permit for off-sale liquor.
· Staff recommends further revisions to the C-1 Zoning designation to
require fast food and drive-through restaurants to obtain a use permit for
beer/wine or liquor sales. Staff is further recommending that the
Planning Commission be authorized to review and give final approval
for uses within a PD Zone.
· Staff has meet with the Chamber of Commerce who is supportive of the
proposed text amendment.
· Staff is recommending approval.
Chairperson Fox opened the public hearing. There was no public comment.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered that the Public
Hearing be closed.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Dougherty, it was unanimously ordered that
Resolution No. 2821 be adopted, recommending that the City
Council approve the Text Amendment as presented by Staff, by
the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Higgins, Meyer-Kennedy, Wilkinson
Planning Commission Minutes of October 27, 1992
7
Ci:y c[ Carapbell
PLANNING DEPARTMENT
TA 92-02 Public Hearing to consider the City-Initiated application for
City-Initiated approval of a Text Amendment to Chapters 21.06, 21.22, 21.26,
and 21.72 of the City's Municipal Code revising the procedures
for off-sale liquor/beer and wine licenses, and listing uses
permitted without a Use Permit and uses permitted with a Use
Permit, within Commercial Zoning Districts.
Chairperson Fox read the application into the record.
Mr.
Curtis Banks presented the staff report noting the following:
The text amendment was initiated by a request from "A Little Something
Special."
City Council authorized staff to proceed with a text amendment to allow
florists and gifts shops to include alcohol in gift baskets.
Staff included a definition to require businesses that operate in the late
evening hours to be required to obtain a Use Permit for off-sale liquor.
Staff recommends further revisions to the C-1 Zoning designation to
require fast food and drive-through restaurants to obtain a use permit for
beer/wine or liquor sales. Staff is further recommending that the
Planning Commission be authorized to review and give final approval
for uses within a PD Zone.
Staff has meet with the Chamber of Commerce who is supportive of the
proposed text amendment.
Staff is recommending approval.
Chairperson Fox opened the public hearing. There was no public comment.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered that the Public
Hearing be closed.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Dougherty, it was unanimously ordered that
Resolution No. 2821 be adopted, recommending that the City
Council approve the Text Amendment as presented by Staff, by
the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Higgins, Meyer-Kennedy, Wilkinson
Planning Commission Minutes of October 27, 1992
7
DRAFT COPY
City of Corr~pbell
PLANNING DEPARTMENT
Campbell Chamber of Commerce
October 27, 1992
Mark Ochenduszko, City Manager
City of Campbell
70 N. First St.
Campbell, CA 95008
CITY 07 CAivi~bF"LL
~LANNING DEPARTMENT
Dear Mark;
In October, your staff, Randy Tsuda and Curtis Banks, approached the
Chamber of Commerce requesting input regarding Off-sale Liquor Licenses. They
were responding to a request from an outstanding Campbell business, targeting an
unsatisfactory, cost-prohibitive business constraint.
Through their research and efforts, three options were identified. After
considerable discussion, the Chamber of Commerce unanimously supported:
Approach 3 - Revise List of Conditional Uses, to successfully eliminate the problem.
We, therefore, endorse and support staff's recommendation:
a) To revise the list of conditional use to allow alcohol to be included in gift
baskets and flower arrangements without a use permit and public hearing.
b) To modify the C-1 ordinance to require that fast food and drive-through
restaurants obtain a use permit.
The flexibility and creative approach was a testament to good government and
business coexistence.
The efforts of your staff on behalf of the business community is commendable
and appreciated.
Sincerely,
Secretary to Board of Directors
1628 W. Campbell Ave. · Campbell, California 95008 · (408) 378-6252 · Fax (408) 378-0192
City of Campbell
Department of Planning
TO:
FROM:
DATE:
SUBJECT:
Chairperson Fox and Members of the Planning Commission
Curtis Banks, Planner II
October 27, 1992
Revisions to Item Number 4 -- TA 92-02
Exhibit "A" Section 21.06.070. part C is amended to read:
Co
The use of property for a liquor establishment, including any business,
private club, or other activity that offers for sale any product containing
alcohol for human consumption, either on or off the premises for
which a license or permit is required from the State Alcoholic Beverage
Control Department
Item No. 4
STAFF REPORT FOR THE PLANNING COMMISSION MEETING
OF OCTOBER 27,1992
TA 92-02
Public Hearing to consider the City-Initiated application for
approval a Text Amendment to Chapters 21.06, 21.22, 21.26,
and 21.72 of the City of Campbell Municipal Code revising the
procedures for off-sale liquor licenses, and uses permitted
without a Use Permit and uses permitted with a Use Permit,
within Commercial Zoning Districts.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Recommend that the City Council approve the proposed Text
Amendments as indicated in Exhibit "A".
* Environmental Review
The project is Categorically Exempt from
the environmental review process, hence
no environmental action is necessary.
BACKGROUND
go
Staff received a letter from the downtown store "A Little Something
Special" regarding the difficulty and expense involved in obtaining an
off-sale liquor license. The store sought the license in order to include
wine or champagne with their gift baskets and balloon arrangements.
The store found the use permit fee to be prohibitive.
Bo
The Planning Commission held two preliminary meetings on December
10, 1991 and January 14, 1992. At the second hearing, the Commission
adopted a minute order requesting Council authorization to proceed
with revisions to the pertinent ordinances.
Co
The City Council, at its meeting of February 4, 1992 authorized staff to
proceed with the text amendments.
DISCUSSION
Alcohol License Revisions
A. Staff has revised the commercial ordinances to allow gift shops and
Staff Report - TA 92-02 October 27, 1992
Page -2-
florists to include alcohol in gift baskets and floral arrangements as a
permitted use.
Bo
Staff also proposes that late night uses open between 11 p.m. and 6 a.m.
require a use permit.
Co
Grocery stores and convenience stores, which are now permitted uses
would require a use permit. Since most, if not all, grocery stores and
convenience markets sell alcohol they already require a use permit.
These changes are being recommended make the approval process
consistent.
Technical Revisions
go
While reviewing the City's commercial ordinances, staff found an
inconsistency regarding the permitting process for restaurants. The C-2
(General Commercial) Ordinance allows standard sit-down restaurants
as a permitted use. Fast food and drive-through restaurants require a use
permit. The C-1 (Neighborhood Commercial) Ordinance permits any
restaurant, including fast food and drive-through establishments,
without a use permit.
Bo
Uses in the C-1 zone are intended to be less intensive than uses in the C-
2 zone. Staff proposes to revise the C-1 Ordinance to require that fast food
and drive-through restaurants obtain a use permit.
Co
Staff is also proposing a revision to the approval of use permits in PD
zones. PD zones are the only zones in the City in which the City Council
must approve use permits. To provide consistency in the ordinance
structure, staff proposes that the Planning Commission be given final
approval authority over use permits in PD zones.
De
Staff has met twice with the Chamber of Commerce regarding the
proposed ordinance revisions. The Chamber supports the proposed
revisions.
RECOMMENDATI ON/~;UMMARY
go
The proposed text amendments allows businesses such as florist and gift
shops to include alcoholic beverages with floral arrangements and gift
baskets. In addition, technical modifications have been made to provide
greater consistency in the ordinance structure.
Staff Report -- TA 924)2
Page -3-
October 27, 1992
B. Staff recommends approval of the proposed text amendments as
indicated in Exhibit "A".
Attachments:
2.
3.
4.
Proposed Findings
Exhibit "A" -- Proposed Ordinance Revisions
City Council Report dated February 4, 1992
City Council Minutes of February 4, 1992
Prepared by:
Curtis Banks, Planner II
Approved by~
a,
Senior Planner
Proposed Findings for Approval
Text Amendment to the City of Campbell Municipal Code
TA 92-02
The Planning Commission finds as follows with regard to project number TA
92-02:
The sale of alcohol with floral arrangements and gift baskets is similar to
other permitted uses in Commercial Zoning Districts.
The proposed criteria setforth in Chapter 21.72 as amended outlines
findings for the Planning Commission in reviewing requests for liquor
establishments.
o
The proposed Text Amendments provides for greater consistency in the
review of restaurants and business's selling or serving alcohol.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The proposed amendments are consistent with the Zoning and General
Plan for the City of Campbell.
The amended review procedures enables a review and decision by the
Planning Commission for most businesses selling or serving alcohol.
o
The amended review procedures allows for public input and
participation in the decision making process when appropriate.
AM?BELL I .?RE$$I
267 E. Campbell Avenue, Campbell, CA 95008
(408) 374-9700
Fax: (408) 374-0813
STATE OF CALIFORNIA
County of Santa Clara
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter. I am
the principal Clerk of the printer of the Campbell Express/
Cambrian News, a newspaper of general circulation, printed
and published each Wednesday in the City of Campbell,
California, County of Santa Clara, and which newspaper has
been adjudged a newspaper of general circulation by the Su-
perior Court of the County of Santa Clara, State of Califor-
nia, under the date of February 8, 1956. Case number 96461
that the notice of which is annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof in the following dates, to-wit:
I certify (or declare) under penalty of perjury that the forego-
ing is true and correct.
Dated at San Jose, California, this
Signature
Proof of Publication o
NOTICE OF PUBLIC HEARING
Notice is hereby given that the
Planning Commission of the City
of Campbell, has set the hour of
7:30 p.m., or shortly thereafter, on
Tuesday, October 27, 1992 in the
City Hall Council Chambers, 70
North First Street, Campbell,
California, for a Public Hearing to
consider the following proposed
project:
1. Public Hearing to consider the
application of Mr. Romel
Nijmeh for approval of a Use
Permit to allow Live Entertain-
ment on property located at
2495 South Winchester
Boulevard (Campbell Plaza
Shopping Center) In a C-2-S
(General .Commercial) Zoning
District. Assessor's Parcel No.
305-36-008, Planning File No.
UP 92-12. A Categorical Ex-
emption has been prepared for
this project.
2. Public Hearing to consider the
application of Mr. Arthur
Miller, and Mr. Wayne Deshaw
for approval of a Use Permit to
allow a General Liquor
License and Cocktail Lounge
on property located at 816
West Hamilton Avenue, in a
PD (Planned Development/-
Commercial) Zoning District.
Assessor's Parcel No.
307-40-141, Planning File No.
UP 92-13. A Categorical Ex-
emption has been prepared for
this project.
3. Public Hearing to consider the
application of Mr. Thomas
Sparling, on behalf of CaI-Pac
Roofing for approval of a
modification to a prevously
approved Site and Architec-
tural Permit allowing addi-
tional office space in an
existing office/warehouse
building on property located
known as 786 McGlincey Lane,
in an M-1-S (Light Industrial)
Zoning District. Assessor's
Parcel No. 412-35-009, Plann-
ing File No. M 92-07 (S 86-19). A
Categorical Exemption has
been prepared for this project.
4. Public Hearing *to consider the
City-Initiated application for
approval of a Text Amendment
to Chapters 21.06, 21.22, 21.26,
and 21.72 of the City's
Municipal Code revising the
procedures for off-sale Ii-
quo#beer and wine licenses,
and listing uses permitted
without a Use Permit and Uses
permitted with a Use Permit,
within Commercial Zoning
Districts. Planning Depart-
ment File No. TA 92-02. A
Categorical Exemption has
been prepared for this project.
5. Public Hearing to consider the
application of Ms. Maureen
Gray, on behalf of "A Little
Something Special," for ap-
proval of a Use Permit to allow
off-sale beer and wine license,
on property located at 415
East Campbell Avenue, in a
C-3-S (Central Business) Zon-
ing District. Assessor's Parcel
No. 279-41-008, Planning
Department File No. UP 92-17.
A Categorical Exemption has
been prepared for this project.
Plans, elevations, legal descrip-
tions, and/or other supporting
documentation is on file in the
Planning Office, 70 North First
Street, Campbell, California. In-
terested persons may attend this
meeting and be heard. Please be
advised that if you challenge the
nature of any of the above pro-
jects 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 correspon-
dence delivered to the City of
Campbell Planning Commission
prior to the Public Hearing. Ques-
tions may be addressed to the
Planning Department at (408)
866-2140.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
MEMORANDUM
To:
From:
Steve Piasecki, Director of Planning Date:
Tim J. Haley, Associate Planner~,~
CITY OF CAMPBELL
September 28, 1992
Subiect: RE: Outdoor Seating in a C-1-S (Neighborhood Commercial) Zoning Districts
In recently reviewing an application for Kirkwood Plaza for the expansion
and remodel of the Baskin-Robbins I discovered that the Neighborhood
Commercial Zoning District does not permit or allow outside seating.
Outside seating, however, is permitted in conjunction with a restaurant in
the C-2 (General Commercial) Zoning District. The provision of outside
activities can add to the character and vitality to the Commercial Zoning
District, and is probably appropriate for the Neighborhood Commercial
Zoning District. It would be helpful if you could work with the Policy
Development Section in adopting further regulations that would provide
outside seating in a Neighborhood Commercial Zoning District. The
Planning Commission could make a finding that outside seating is similar to
other uses, pursuant to Section 21.55. 070. Use Permits in the C-1 Zone could
then allow the consideration of outside seating or business activities.
cc: Gloria \~,
Randy
Curtis
"(ITY OF CAMPBELl
TO:
FROM:
DATE:
SUBJECT:
Terry Beaudry, Police Department
Curtis Banks, Planner I
6-11-92
Use Permit Procedures for Liquor Licenses
The City Council, at its meeting of February 4, 1992, authorized the Planning
Department to modify the PD (Planned Development), C-1 (Neighborhood
Commercial), C-2 (General Commercial), and C-3 (Central Business District)
Ordinances in order to revise the City's procedures for off-sale liquor licenses.
The 'action is in response to a letter from "A Little Something Special"
noting the difficulty and expense involved in obtaining off-sale license. The
store sought the license in order to include champagne and wine with their
gift baskets.
The approach approved by the Council would allow an off-sale license as a
permitted use, however the list of uses requiring a use permit would be
expanded to include such uses as the following:
convenience markets
grocery stores
liquor stores
late night uses (between 11 p.m. and 6 a.m.)
This approach allows business such as gift and florist shops to obtain a license
without a use permit and public hearing. In addition, the City would still be
able to review uses, such as those listed above, that may impact residential
neighborhoods. The City would also have direct permitting authority over
questionable uses such as convenience markets, as opposed to permitting
authority that is limited to review of liquor licenses as is currently the case.
Please contact me as soon as possible with any concerns that the Police
Department may have with the proposed modifications. In addition, once
the modifications to the appropriate ordinances have been completed, I will
forward copies to you for your review.
CITY OF CAMPBELL
REFERRAL FOP~
CITY Q3UflCIL/ADVISORY C3:){V~ISSION/STAFF
TO.
FROM
Randy Tsuda
Planning Commission
City Council/City Clerk's Office
INSTEUCTIOI~S FOE USE OF THIS
THIS FORM SHOULD BE UTILIZED WHENEVER A REFERRAL IS MADE FROM ONE
ELECTED OR ADVISORY BODY TO THE CITY COUNCIL OR ADVISORY COMMISSION OR
CITY MANAGER- THE INFORMATION REQUIRED TO'COMPLET~ THIS FORM SHOULD BE
PROVIDED BY THE INITIATOR AT THE TIME THE REFERRAL IS MADE' - THE STAFF
ADVISOR.WILL BE RESI)ONSIBLE FOR COMPLETING' THE' FORM FOR REVIEW AND
SIGNATURE BY THE MAYOR OR COMMISSION CHAIWAN.
Use Permit procedures for liquor licenses - File No. TA 91-02
SUBJECT (A SPECIFIC SUI~4AI~fOF ~HE REFERRAL}
The City Council at its regular meeting of February 4, 1992,
authorized review and modifications of the PD (Planned Development)
C-1 (Neighborhood Commercial), C-2 (General Commercial), and C-3
(Central Business District) Ordinances in order to revise the City's
procedures for off-sale liquor licenses.
ACTI C~ REQUESTED
[] I "FORMAT l ON ONLY rq REVIEW AND
RECOMMEND ACT ION
OO~ENTS ( i F N~CESSA~y)
TAKE ACTION
RESPOI~3E RE(~UESTED BY (BY ~IAT DATE THE ACTIO{~! S~X31ULD BE COMPETED. IF
NO DATE IS SPECIFIED. THAT S~IOULD BE INDICATED.)
DATE 2/6/92
NEW BUSINESS
19. Urban Search and Rescue Task Force
Fire Chief Bruegman - Staff Summary Report dated 2/4/91.
M/S: Conant/WatSon - to approve the Campbell Fire Department's
participation in the development of an Urban Search and Rescue
Task Force, and to send a letter of commitment to the Menlo Park
Fire Protection District indicating the extent of participation
to be provided. Motion adopted unanimously.
20. Planning Commission referral relating to Use Permit procedures
for liquor licenses -- File No. TA 91-02
Planning Director Piasecki - Staff Summary Report dated 2/4/92.
M/S: Kotowski/Conant - to authorize review and modifications of
the Planned Development, Neighborhood Commercial, General
Commercial, and Central Business District ordinances in order to
revise the City's procedures for off-sale liquor licenses.
Motion adopted unanimously.
COUNCIL COMMITTEE REPORTS
21. City Council Member Reports
-- Councilmember Ashworth reported re: a) Congestion Management
Planning Agency Board; b) Sister City Committee; and c) the
Winchester Drive-In Site Committee.
-- Councilmember Kotowski reported re: Measure A Traffic
Authority; b) T2010 Plan; and c) Vasona Corridor Study.
22. City Birthday -- schedule of events and budget adjustment
(Resolution/Roll Call Vote)
Assistant to the City Manager Barbara Lee - Staff Summary Report
dated 2/4/92.
M/S: Conant/Watson - approve the proposed schedule of events, and
to adopt Resolution 8239. Motion adopted by the following roll
call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Kotowski, Conant, Ashworth, Watson, Burr
None
None
BOARDS AND COMMISSIONS
- 8 -
C~ty Item No.:
Council Category:
Date:
Report
New Business
February 4, 1992
TITLE~
Planning Commission referral relating to Use Permit procedures for liquor
licenses - File No. TA 91-02
RECOMMENDATION:
The Planning Commission recommends that the City Council authorize review
and modifications of the PD (Planned Development), C-1 (Neighborhood
Commercial), C-2 (General Commercial), and C-3 (Central Business District)
Ordinances in order to revise the City's procedures for off-sale liquor licenses.
BACKGROUND:
ao
In general, the Department of Alcohol Beverage Control has two types of
licenses:
On-sale licenses allow sale and consumption of alcoholic beverages on
the premises.
Off-sale licenses authorize sale of alcoholic beverage; no consumption
is permitted on the premises.
This report will only discuss modifications to the off-sale license process.
The Campbell zoning ordinances currently require approval of a conditional
use permit to obtain an off-sale license. In 1989, the City Council requested a
revision of the procedure for off-sale licenses. Staff was directed to include
this item in a future work program. The revision is contained in the
Department of Planning work program for Fiscal Year 1991-92.
C0
Staff received a letter from the downtown store "A Little Something Special"
noting the difficulty and expense involved in obtaining an off-sale license (see
attachment). The store sought the license in order to include a bottle of
wine or champagne with their gift baskets and balloon arrangements. The
store found the application fee for a use permit to be prohibitive ($1,430).
The Planning Commission has held two preliminary heatings on December
10, 1991 and January 14, 1992. At the second hearing, the Commission
adopted a minute order requesting Council authorization to proceed with
revisions to the pertinent ordinances.
City Council Report - TA 91-02
Pa~,e -2-
February 4, 1992
A. The Commission considered several different approaches to modifying the
process:
At)vroach 1 -- Allow Off-sale Licenses:
This approach would allow off-sale licenses as a permitted use. Business
would not have to go through a public heating process to obtain a
license.
o
Commissioners were concerned that this approach would eliminate the
review process for uses such as convenience markets.
Approach 2 -- Incidental Sales:
The second approach would allow the licenses as a permitted use where
the sale of alcohol is incidental to the overall business. The City would
establish a threshold to define incidental sales (eg: 10% of a store's gross
sales). Businesses exceeding the threshold would still be required to
obtain a use permit.
o
The City would incur significant monitoring responsibilities under
Approach 2. Business owners would be required to release their sales
information to staff if complaints are received or if the City becomes
aware of a violation. In addition, the threshold would be somewhat
arbitrary.
Approach 3 -- Revisions to Hst of Conditional Uses:
The third approach allows an off-sale license as a permitted use, similar
to Approach 1; however, the list of uses requiting a use permit would
be expanded to include uses such as the following:
convenience markets
grocery stores
liquor stores
late night uses (between (11 p.m. and 6 a.m.)
This approach allows businesses such as gift and florist shops to obtain
a license without a use permit and public hearing. In addition, the City
would still be able to review uses, such as those listed above, that may
impact residential neighborhoods.
3. A benefit is the City would have direct permitting authority over
City Council Report - TA 91-02
Page -3-
February 4, 1992
questionable uses such as convenience markets, as opposed permitting
authority that is limited to review of liquor licenses as is currently the
The Planning Commission recommends that Council authorize modification
to the zoning codes to implement Approach 3.
ALTERNATIVES
ho
Deny the Referral
No modifications would be made the off-sale license procedure.
Bo
Select a Different At~t~roach
This would direct staff and Commission to modify the process in a different
manner.
Attachments:
3.
4.
5.
Staff Report dated January 14, 1992
Staff Report dated December 10, 1991
Planning Commission Minutes of January 14, 1992
Planning Commission Minutes of December 10, 1991
Letter from Wayne and Maureen Gray dated April 9, 1991
Prepared by:
Randal R. Tsuda, AICP
Senior Planner
byC
ateven T. Piasecki, AICP
Director of Planning
Approved by:
City Manager
ccta91-O22.4.rpt(mc 11)
Planning Commission meeting minutes
January 14, 1992
FOR It,!FOR~-.^A-~TION ONLY
PUBLIC HEARINGS
4. TA 9102
City-Initiated
Continued Public Hearing to consider the City-
Initiated application for a Text Amendment to
Chapters 21.06, 21.22, 21.26 and 21.72 of the City of
Campbell's Munidpal Code providing off-sale beer
and wine establishments as a permitted use in
Commerdal Zoning Districts, except for drive-
up/drive-through restaurants and retail
establishments which sell motor vehicle fuel on the
premises.
Chairperson Fox read the application into the record.
Mr. Tim J. Haley, Planner II, presented the staff report noting the following:
· Continuance from the last Planning Commission meeting to
address concerns raised by the Commission relating to eliminating
review by the Commission of uses that sell liquor, such as
convenience stores adjacent to residential neighborhoods; and,
allowing establishments with incidental liquor sales to operate
without a Conditional Use Permit.
· Upon investigation of the above concerns, staff found that the Text
Amendment had broader implications then originally anticipated
and is recommending that amendments to Chapters 21.06, 21.22,
21.26 and 21.72 of the Campbell Municipal Code be referred to the
City Council for its input, prior to Planning Commission action.
Commission Discussion:
In response to questions by Commissioners in relation to the referral, Mr.
Haley pointed out that since at the last meeting the scope of the amendment
has been broaden, consequently, there is a need to re-advertise the
amendment.
Chairperson Fox declared the Public Hearing opened.
Public Comment:
Richard Gaeteno, Owner of the Gas Lighter Theater, expressed confusion as to
how this proposal would affect his business. Mr. Haley stated the proposed
amendment would not affect existing businesses.
Commissioner Perrine asked where this issue initiated from, and Mr. Haley
explained that the item was referred from the City Council and in response to
a request from "A Little Something Special," that inddental sales of alcohol
not require a Conditional Use Permit.
MOTION:
On motion of Commissioner Wilkinson, seconded by
Commissioner Dougherty, it was unardmously ordered that
the Public Hearing be closed.
MOTION:
On motion of Commissioner Alne, seconded by
Commissioner Wilkinson, it was unanimously ordered that a
referral be transmitted to the City Council requesting
authorization to amend Chapters 21.06, 21.22, 21.26 and 21.72
of the Campbell Municipal Code relating to review of
commercial establishments that require Conditional Use
Permits, and to exclude commercial establishments from
having to obtain a Conditional Use Permit when the sale of
liquor for off-site consumption is incidental (less than 10%) to
total sales.
Item No. 3
STAFF REPORT FOR THE PLANNING COMMISSION MEETING
OF JANUARY 14, 1992
TA 91-02
Public Hearing to consider the City-Initiated application for a
Text Amendment to Chapters 21.06, 21.22, 21.26 and 21.72 of the
City of Campbell's Municipal Code providing off-sale beer and
wine establishments as a permitted use in Commercial Zoning
Districts, except for drive-up/drive-through restaurants and
retail establishments which sell motor vehicle fuel on the
premises.
STAFF RECOMMENDATION
That the Planning Commission send a referral to the City Council requesting
authorization to amend the Commercial and Planned Development zoning
districts to increase the number of commercial uses that require permits and
otherwise exclude establishments that sell liquor for off-site consumption
from a use permit.
BACKGROUND
This item was continued from the meeting of December 10, 1991 to address
concerns that the amended ordinance would eliminate the review procedure
for certain uses that sell off-sale beer and wine uses, such as convenience
stores. Additionally, the Commission requested that Staff investigate a
procedure whereby uses which have incidental beer and wine sales could be
approved.
Staff has reviewed the ordinance structure to address the Commission's
concern. Staff evaluated defining incidental off-sale of beer and wine as a
permitted use in Commercial Districts. However, this approach would
require monitoring and may not address the Commission's concern if the
applicant claims the use will fall under the threshold for "incidental". The
Planning Director's administration of this ordinance would require that
applicants for "incidental" liquor licenses agree to release sales information
upon request if complaints are received or if the City is otherwise aware of a
potential violation.
An alternative approach is to modify the commercial ordinances to require
Staff Report No. TA 91-02
Planning Commission meeting January 14, 1992
page two
use permits for uses that may impact residential areas or raise other public
concerns and exclude all other establishments selling liquor for off-site
consumption. For instance, liquor stores, markets and any establishment
operating after 11:00 P.M. or before 7:00 A.M. could be required to obtain a use
permit. This is a more direct zoning approach to regulating uses. The current
approach limits all uses not related to the inherent problems or concerns
related to the use.
RECOMMENDATION/SUMMARY
Staff is recommends that the Planning Commission adopt a minute action
requesting the City Council authorize a broader review of the uses permitted
in commercial zones to more directly regulate uses based on concerns
associated with the use and not whether they happen to sell liquor for off-site
consumption.
Prepared by:
Director
Tim J. ~y, Planner II
Approved by: .p, ,~
" ~teve Pih~ecTk-i,- -
Attachments:
2.
3.
4.
EXHIBIT E Draft Ordinance
Findings for Approval
Planning Commission minutes of December 10, 1991
Previous Staff Report, dated December 10, 1991
TA 91-02
ATTACHMENT 2
Findings for Approval
of a Text Amendment tO the
City of Campbell's Municipal Code
The Planning Commission finds as follows with regard to project number
TA 91-02
aA,
The proposed Text Amendment provides an adequate opportunity for
the Planning Commission to review the distribution and location of
most liquor establishments.
Bo
The proposed criteria setforth in Chapter 21.72 as amended outlines
findings for the Planning commission in reviewing requests for
liquor establishments.
Off-sale beer and wine establishments with incidental beer and wine
sales of less than 10 percent of gross receipts, are similar to other
permitted uses in Commercial Zoning Districts.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
The proposed amendment is consistent with the Zoning
Plan/General Plan of the City of Campbell.
The amended review procedure enables a review and decision by the
Planning Commission for most liquor establishments.
o
The amended review procedure allows for public input and
participation in the decision making process when appropriate.
MEMORANDUM
To:
From:
Subject:
Bill Seligmann
City Attorney
Tim J. Hale~-~
Planner II
Date:
TA 91-02 - Liquor Licenses
CITY OF CAMPBELL
December 31, 1991
The Planning Commission at its regular meeting of December 10, 1991,
continued the public hearing to consider the City-initiated application for a
Text Amendment to Chapters 21.06, 21.22, 21.26, and 21.72 of the City of
Campbell's Municipal Code providing off-sale beer and wine establishments
as a permitted use in Commercial Zoning Districts, except for drive-up/drive-
through restaurants and retail establishments which sell motor vehicle fuel
on the premises.
During the meeting, discussion ensued regarding how to evaluate retail uses,
define secondary uses, and eliminate 24-hour sales of beer and wine close to
residential areas.
Also, noted were the problems assodated with waiving fees in special cases.
And, too, you pointed out the legal problems associated with assessing fees
based upon gross sales.
The Commission continued the public hearing to investigate these matters
further, and request that you provide additional information relating to the
above issues. Could you please set aside a half hour on Thursday, January 2,
1992, to discuss possible ways we can address the Commission's concerns.
If you should have any questions, please do not hesitate to contact me at 866-
2144.
tjh:lb
a:memo/p2
Plannin~ Commission Minutes
11
PAGE 1 OF 3
PLANNING COMMISSION MINUTES
DECEMBER 10, 1991
December 10, 1991
PUBLIC HEARINGS
2. TA 91-02 Public Hearing to consider the City-Initiated application
City-Initiated for a Text Amendment to Chapters 21.06, 21.22, 21.26 and
21.72 of the City of Campbell's Municipal Code providing
off-sale beer and wine establishments as a permitted use
in Commercial Zoning Districts, except for drive-up/drive-
through restaurants and retail establishments which sell
motor vehicle fuel on the premises.
Chairperson Meyer-Kennedy read the application into the record.
Mr. Tim J. Haley, Planner II, presented the staff report noting the following:
How the Text Amendment proposal came about.
· That suggested changes to the Municipal Code relate to four
chapters and would exclude specific liquor license requests in
Commercial Districts from the Use Permit requirement to provide
off-sale beer and wine licenses as a permitted use in Commercial
Zoning Districts, when not associated with a drive-up or drive-
through restaurant or motor vehicle fuel sales, without a
Conditional Use Permit approval. Further, that the amendment
provides findings for such uses, and provides consistency to the
current Municipal Code.
· Staff is recommending that the Planning Commission recommend
that the City Council approve the amendments.
Commissioner/kine asked if the application was prompted by the request
from "A Little Something Special." He suggested that the owner of this
establishment was discouraged by the Use Permit application fee of $1,430.
Commissioner Dougherty could not see public benefit from the proposed
amendments, since making the changes could make it easier for places such
as "Speedy Mart" and "Seven Eleven" to sell beer and wine by right.
Chairperson Meyer-Kennedy agreed noting that the Commission could loose
its review rights to ensure that there would not be a "Seven Eleven" store on
every corner.
Plannin~ Commission Minutes 12 December 10, 1991
PAGE 2 OF 3
Chairperson Meyer-Kennedy dedared the Public Hearing opened.
Public Comment:
There was no public comment.
MOTION:
On motion of Commissioner Fox, seconded by
Commissioner Alne, it was unanimously ordered that
the Public Hearing be dosed.
Commissioner Fox asked if the Commission would be losing any right of
review for high impact areas where beer and wine should not be sold.
Mr. Haley responded that establishments would be considered without a
Conditional Use Permit if the off-sale of beer and wine was secondary to the
retail sales.
Discussion ensued relating to how to evaluate retail uses, how to define
secondary uses, and eliminating 24-hour sales of beer and wine near
residential areas. The City Attorney, Bill Seligmann, cautioned that defining
secondary uses would be difficult in a court of law.
Mr. Haley suggested that the Commission could condition the amendment
limiting the hours of operation near residential areas.
Commissioner Dougherty noted his reservations stem from losing control of
beer and wine sales in the downtown area.
Chairperson Meyer-Kennedy indicated that although she would like to see "A
Little Something Special" be allowed to sell beer and wine as a gift item, the
potential for controlling sales of beer and wine throughout Campbell would
be lost.
Commissioner Alne suggested that the fee for obtaining a Conditional Use
Permit in cases such as these be waived. He was reminded by Mr. Haley that
the City Coundl establishes fees and are the only body permitted to waive or
adjust those fees.
City Attorney, Bill Seligmann explained problems associated with waiving of
fees in spedal cases, and Mr. Alne concurred that the City Coundl could
become overburdened with applicants requesting waivers.
Commissioner Dougherty and Fox discussed assessing fees based upon gross
Plannin~ Commission Minutes 13 December 10, 1991
PAGE 3 OF 3
sales and the City Attorney pointed out the legal problems associated with
assessments of this type.
The Planning Director suggested that Staff review the Commission's response
and redraft the Text Amendment and provide options for the next Planning
Commission meeting of January 14, 1992.
Commissioner Perrine noted that the history of this particular Conditional
Use Permit requirement stemmed from problems associated with night clubs
in Campbell.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Dougherty, it was unanimously ordered
that the Public Hearing be re-opened and continued to the
Planning Commission meeting of January 14,1992.
Suggestions were made by Commissioners relating to providing Site and
Architectural Review for establishments requesting incidental beer and wine
sales, and it was the general consensus of the Commission that this procedure
be investigated.
Item No. 2
STAFF REPORT FOR THE PLANNING COMMISSION MEETING
OF DECEMBER 10,1991
TA 91-02
Public Hearing to consider the City-Initiated application for a
Text Amendment to Chapters 21.06, 21.22, 21.26 and 21.72 of the
City of Campbell's Municipal Code providing off-sale beer and
wine establishments as a permitted use in Commercial Zoning
Districts, except for drive-up/drive-through restaurants and
retail establishments which sale motor vehicle fuel on the
premises.
STAFF RECOMMENDATION
That the Planning Commission take action:
Adopt a Resolution, incorporating the attached findings,
recommending that the City Council adopt the proposed Text
Amendment as indicated in the attached Exhibit "A."
BACKGROUND
The current review procedure for all new liquor establishments-in
Commercial Districts within Campbell requires the review and approval
of a Conditional Use Permit. The Planning Department, in April 1991,
received a request for a review of the current procedures, to investigate
an exception for particular types of liquor licenses. Staff has reviewed
this request and has concluded that it may be appropriate to exclude
specific liquor licenses request in Commercial Districts from the Use
Permit requirement. The attached draft ordinance provides for off-sale
beer and wine licenses as a permitted use in Commercial Zoning
Districts, when not associated with a drive-up or drive-through
restaurant or motor vehicle fuel sales, without a Conditional Use Permit
apoproval.
DISCUSSION
The attached ordinance provides for four amendments to various
sections of the Zoning Ordinance, as follows:
Section One: This section amends Chapter 21.06 of the Campbell
Municipal Code which governs the review of Conditional Use Permits
in Planned Development Zoning Districts. This section has been
amended to include liquor establishments which are not clearly
indicated in the existing ordinance. Additionally, Section 21.06.100 has
been amended to clarify that Conditional Use Permits may be approved
by the Planning Commission pursuant to Chapter 21.72 without
ratification of the City Council.
Staff Re~ort for December 10, 1991 2 Planning Commisssion
Section Two: Chapter 21.22 of the Municipal Code describes permitted
uses on a C-1-S (Neighborhood/Commercial) Zoning District and has
been amended to permit retail sale of beer and wine for off-site
consumption when not in conjunction with a drive-up or drive-
through restaurant or in conjunction with the retail sales of motor
vehicle fuel.
Subsection V and W have been amended to reflect the additional
permitted use(s) in this zoning district.
Subsection K has been amended to reflect those uses permitted under the
amended Section 21.22.020, and has also been amended to reflect
mandatory findings in conjunction with Use Permit applications for
liquor establishments.
Section Three: Chapter 21.26 which regulates the C-3-S
(Commercial/Downtown Business) District has been amended similarly
to Chapter 21.22.
Section Four: This section amends Chapter 21.72 which spedfies
procedure for review and approval of Conditional Use Permits. A
spedfic section is being added for findings for liquor establishments.
These findings will help the Planning Commission in future decisions
regarding liquor establishments.
RECOMMENDATION/SUMMARY
The recommended amendments and changes to the various sections of
the zoning ordinance provides for adequate protection of the
community and procedures whereby the Planning Commission still may
review the majority of liquor establishments in the community. The
Planning Commission's review of the specific use permits is better
defined with the proposed amendments to the Use Permit Section of the
Zoning Ordinance. Staff consequently is recommending that the
Planning Commission adopt a Resolution recommending support of the
as '~
proposed Text Amendments provided in the attached Exhibit "A~
Tim l.'"Haley~lanner II Steve Piasecki, Director
Staff Re]~ort for December 10, 1991 3 Plannin~ Commisssion
Attachments:
2.
3.
4.
5.
Findings for Approval
EXHIBIT A Draft Ordinance
EXHIBIT B Existing Ordinance with noted Changes
EXHIBIT C Letter of request from "A Little Something Special."
EXHIBIT D A listing of the types of alcohol beverage licenses
reviewed by the ABC
ATTACHMENT 1
Findings for Approval
of a Text Amendment to the
City of Campbell's Municipal Codo_
The Planning Commission finds as follows with regard to project
number TA 91-02
The proposed Text Amendment provides an adequate opportunity
for the Planning Commission to review the distribution and
location of most liquor establishments.
The proposed criteria setforth in Chapter 21.72 as amended outlines
findings for the Planning commission in reviewing requests for
liquor establishments.
Off-sale beer and wine establishments with the exception of drive-
up/drive-through restaurants and retail establishments that sale
motor vehicle fuel are similar to other permitted uses in
Commercial Zoning Districts.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
The proposed amendment is consistent with the zoning
plan/General Plan of the City of Campbell.
The amended review procedure enables a review and decision by
the Planning Commission for most liquor establishments.
ge
The amended review procedure allows for public input and
participation in the decision making process when appropriate.
Proof of Pub.r' ation
(2015.5 C.C.P.)
CAMBRIAN NEWS
267 E. Campbell Avenue, Campbell, CA 95008
(408) 374-9700
Fax: (408) 374-0813
STATE OF CALIFORNIA
County of Santa Clara
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter. I am
the principal Clerk of the printer of the Campbell Express/
Cambrian News, a newspaper of general circulation, printed
and published each Wednesday in the City of Campbell,
California, County of Santa Clara, and which newspaper has
been adjudged a newspaper of general circulation by the Su-
perior Court of the County of Santa Clara, State of Califor-
nia, under the date of February 8, 1956. Case number 96461
that the notice of which is annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof in the following dates, to-wit:
ail in the year 19
I certify (or declare) under penalty of perjury that the forego-
ing is' true and correct.
Dated at San Jose, California, this
day of .~)'~/
Signatu/~
This spr is for the County Clerk's filing stamp.
Proof of Publication of
- - - ~/'~ ' - - This Space('-j
Place clipping of notice SECURELY in
NOTICE OF PuBLic HEARING*' 7
Notice ia hereby giVen 'that. :the
"Planning Commissionof the City.
of Campbell, has set the hour of I
7:30 p.m,, or shortly thereafter,' On '1
Tuesday, December 10, 1991, in I
the City Hail Council Chambers, !
70 North First Street,"Cempbell, I
Callfomia,,for · Public Hearing to I
consider the following proposed ,
projects: . -.
t. Pub'c Hearing to C°neider
City'lnitlated application for a
Text Amendment 'to Chapters
21.06, 21.22, 21.26 and 21.72 of the
City of Cam~)bell's 'Municipal
Code providing off-sale beer and
wine establishments as a permit-
ted use in Commercial Zoning
Districts, except for drive-up/drive-
through restaurants and retal,
establishments which sale motor
vehicle fuel on the premises. A
CategoriCal Exemption has 'been
prepared for this proposal.
Planning Department File No.'
91-02.
2. Public Hearing to consider the
application of Pizza A GO-GO to
allow approVal of a be~r and wine
license in conjunCtion with a Pizza
Restaurant, on property located at
1640 South Bascom Avenue, in a
I C'2-S (General Commercial)
[Zoning District. A Categorical
I Exemption has been prepared for
Ithis proposal. Planning
JDepartment File No. UP 91-22. _
13. Public Hearing to consider the
/applications of Mr. Joe Puccl to
I allow a one-year extension to a
previously approved Planned
Development project and to allow
the creation of two parcels, on
property located at 176 East
Rincon Avenue, in a PD
(Planned Development) Zoning
Notice of Exemption
Appendix I
Ci1'¥ OF
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
To: __ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
Project Title:
From:
County Clerk's Office (send one original + 2 copies
Santa Clara County and a cover sheet that is
191 North First Street
San Jose, CA 95113
TA 91-02 (Liquor Establishment)
City of Campbell
Planning Department
70 North First Street
Campbell, CA 95008
filled out by a planner. )
Project Location-Specific: General text amend applies to complete city.
Project Location - City: Campbell Project Location - County: Santa Clara
Description of Project: Text amendment to allow off-sale beer & wine establishments in
Commercial Zoning Districts as a permitted use and
in Planner Development Zoning Districts.
subject to a condition use permit
Name of Public Agency Approving Project: City of
Name of Person or Agency Carrying Out Project: st~v~
Exempt Status: (cl~ck one)
[] Ministerial (Sec. 21080(o)(1); 15268);
[] Declared Emergency (Sec. 21080Co)(3); 15269(a));
[] Emergency Project (Sec. 21080(b)(4); 15269Co)(c));
l'~Categorical Exemption. State type and section number:.
[] Statutory Exemptions. State code number:.
Campbell
Piasenki, Planning Director
15305 (Class 5)
Reasons why project is exempt: Minor alteration to the regulatory procedure for allowing
off-sale beer & wine licenses.
Lead Agency
Contact Person: Tim Hale¥ Area Code/Telephone/Extension:
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
[~gned by Lead Agency
[] Signed by Applicant
Date received for filing at OPR:
(408)866-2140
[] No
Revised October 1989
MEMORANDUM
Bill Seli~
To: City At't~
Tim J.
From: Planner II
Date:
Conditional Use Permit rec~ement
Subject: Liquor Licenses - "A Little Sc~ Special"
April 15, 1991
CITY OF CAMPBELL
Please find attached a letter frc~ Mr. Wayne Gray, wherein he describes
his intent to obtain a liquor license in c~njunction with his gift
business. After discussion of this request with the Planning Director, it
was concluded that it may be appropriate to initiate an amerdment to the
Zoning Ordinance eliminating the conditional use permit req~ for a
liquor license such as the applicant's request.
It was Steve's opinion that the preparation of such an c~mlinance change
should be prepared by the City Attorney.
Can you take a look at the issue and set up a meeting to discuss a
procedure and schedule to accc~plish such a change.
c:memo/pl2
Attachment:
1. Letter from applicant, dated 4/9/91
Steve Piasecki
Tom Frutchey
Tuesday, April 9, 1991
Tim Haley
City of Campbell - Planner II
70 North First Street
Campbell, CA. 95008
APR
I~IT'¥
Dear Tim,
Thank you for your help and advice regarding the
acquisition of a Liquor License for our Store "A Little Something
Special." As we discussed, It would take us a long time to
recoup the $1300 for the processing of our zoning affidavit.
In a rough estimate, it would take us a full year to recoup the
cost. You asked that I send you a letter detailing why we need a
liquor license and exactly how we would be using liquor in
relationship to our business. The following is the detail that you
requested.
As I am sure you know "A Little Something Special" is a
gift store that specializes in the delivery of gift baskets and
balloon arrangements. These basket and arrangements are
accompanied by a variety of products that accent the feelings the
purchaser wishes to convey. One item that is often requested is a
bottle of Champagne or Wine to be included with either the gift
basket or a bouquet of balloons. At this time we can only offer
non-Alcoholic substitutes for these requests. This is not always
satisfactory for our customers and we have in turn lost sales
because of this restriction. It is because of this loss of
business and the requests of our customers that we are attempting
to apply for licensing with the Department of Alcoholic Beverage
Control (ABC).
We have no intention of selling liquor as would a liquor
store or a restaurant/bar. Our only reason for wanting to sell
liquor is as a component in some of our delivery baskets and
balloon arrangements. We view Champagne and Wine as just another
component of an arrangement. We have no need to, nor will we
ever, sell liquor of any kind unless it is part of an arrangement
or gift basket.
Due to the unexpected high cost of applying for a
liquor license along with our limited sales application. I was
wondering if there was another way that we could obtain the
necessary approval from the City of Campbell. I would like to
avoid going through and paying for the normal process of
application. You suggested that you would take this request to
the appropriate individuals and see if there wasn't some way that
a compromise could be struck.
We like doing business in "Downtown Campbell" and we
plan to stay in the downtown for many years to come. This
approval to use alcoholic beverages in our Gift Baskets and
Balloon deliveries will help us do more business.
Thank you for you help in these matters.
Sincerely,
Maureen Gray
A Little Something Special
415 E Campbell Ave
Campbell, CA. 95008
(408) 866-8125
MEMORANDUM
To:
From:
Kevin C. Duggan
City Manager
Steve Piaseck~_~~
Planning Directd~-~-
Date.March 24, 1989
CITY OF CAMPBELL
Subject:
City Council/Planning Commission Study Session - March 20, 1989
Direction to Staff
The following summarizes the direction to Staff resulting from the City
Council/Planning Commission Study Session of March 20, 1989.
Sale of Alcoholic Beverages
The City Attorney and the Planning Department will prepare revisions
to the municipal code relating to liquor sales. The revisions will
incorporate standards and findings when beer and wine is proposed to
be sold in conjunction with gasoline. The changes are to be
consistent with the State Law.
Use requirements are to be modified to exempt certain types of liquor
licenses involving applications where liquor licenses are clearly
incidental to the principal use of the building and where there is no
on-site consumption proposed. The law will be evaluated with respect
to liquor sales involving on-site consumption and/or entertainment
activities. Standards should be incorporated which define allowed
levels of concentration, acceptable location relative to residential
areas, and when additional parking is necessary.
Planned Development Permits
The City Attorney and the Planning Director will prepare modifications
to the Municipal Code to establish project size thresholds below which
Planned Development Petits may be approved by Resolution. The
thresholds will incorporate height, square footage, and/or project
area size.
PlanninK Work Pro,rem - 1989/90
Development of standards to buffer residential from commercial shall
be included within the Planning Work Program for the 1989/90 budget
year. Additionally, development of design standards and a Community
Form Diagremwill be included in the Planning Work P~ogram for the
1989/90 budget year.
Notice Requirements
Staff will evaluate expanding the noticing requirements to include a
notice to tenants of apartment projects, possibly providing a size (#
of units) threshold over which the notice will be sent to the
apartment mnager.
f: studysess - pg.ll
cc: Planning Commission
Department Heads
City Council
MEMORANDUM
To:
City Councilmembers
Planning Commission
CITY OF CAMPBELL
Date: March 15, 1989
From:
Steve Piasecki
Planning Director
Subject:
Study Session - City Council/Planning Commission -
March 20, 1989 - Background Information on Agenda Topics.
Attached is a copy of the agenda for the Joint Study Session of the City
Council and Planning Commission scheduled for March 20, 1989 at 7:30 p.m.
Please note that the Study Session will be held in the Library Community Room
across from City Hall. The Community Room is located on the lower level of the
Library and is accessed through the door on the north side of the building.
The following provides some brief background information on the to~icm:
Alcoholic BeveraEes and Gasoline Sales
Options available to the City for regulation~o~ontrol of the sale of
alcoholic beverages along with gasoline sales a~e limite~_~y State Law.'
The State, in response to concerns about numerous city-by-city regulations
adopted legislation prohibiting cities from outlawing the concurrent sale
of beer & wine and gasoline. The law allows cities to adopt Use Permit
requirements, provided that the ordinance requires specific findings, sets
forth procedures for public hearing, and decisions are based on substantial
evidence (see attached Business & Professional Code, Section 23790.5).
Currently the City requires a Use Permit for any alcoholic beverage sales,
but the Use Permit procedure does not specify standards for review.
Use Permit Procedures - Liquor Sales
As pointed out above, the City currently require~'a Use Permit for al~
liquor sales. However, the criteria for ~ssuance of a 11~ Der-_it arc!nob'
specified in the Ordinance~aff recently held a discussion with th~
Flannlng ~ommission on this topic and identified issues and concerns bf the
Bolice Department and Planning Staff related to the liquor sales. A
checklist is attached for your reference. The checklist, however, does not
provide quantitative criteria related to the ~umber of liquor licensys
which will be permitted in a certain area, or if specific types of liquor
~uses generate extraordinary parking requirements. On the other
side of this s~ectru~n, some liquor licenses are clearly
~rro~her--p-~imary use of the site and generate no special concerns. For
instance, a retail operation putting together gift baskets which included
wine bottles would be required to obtain a liquor license and a Use
Permit. However, this activity is no different from any other retailing
activity and would not appear to raise co...~unity-wide concerns.