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PC Min - 03/09/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of March 9, 2010, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: MARCH 9, 2010 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Theresa Alster Jeffrey Cristina Mark Ebner Philip C. Reynolds, Jr. Bob Roseberry Commissioners Absent: Staff Present: APPROVAL OF MINUTES None Community Development Director: Planning Manager: Assistant Planner: City Attorney: Recording Secretary: Kirk Heinrichs Paul Kermoyan Daniel Fama William Seligmann Corinne A. Shinn Motion: Upon motion by Commissioner Roseberry, seconded by Commissioner Reynolds, the Planning Commission minutes of the meeting of February 26, 2010, were approved with one correction to page 7. (7-0) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for March 9, 2010 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Gibbons read Agenda Item No. 1 into the record as follows: 1. PLN2009-87 Continued Public Hearing to consider an Appeal of Mr. Antoine Andary, A. Andary of a Director's Action to deny an Administrative Site and Architectural Review Permit (PLN2009-87) to allow a one and two-story addition to an existing single story 1,759 square foot residence on property owned by Mr. Antoine Andary located at 1636 Adrien Drive in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final. Project Planner: Steve Prosser, Associate Planner Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that this project's planner, Steve Prosser, was off this week so he would present the staff report. • Reminded that this item is continued from the Commission meeting on January 26th for a project located within the San Tomas Area. It is an existing single-family, single-story residence on which the owner wants to add a second story. The project represents a complete remodel and included a tall roof structure and front entry, new gables and dormers, and all new materials. • Explained that staff's role is to help an applicant through the design review process. Staff tries to inform applicants on applicable Codes and area plans. • Added that staff had suggested several changes to make this project more in line with the standards. Some, but not all of those recommendations, were implemented by the applicant. • Said that the Community Development Director subsequently denied the request and the applicant appealed that action to this Commission. • Stated that at its meeting on January 26th, the Planning Commission reviewed the proposal and made its recommendations for modifications that included changes to the front entry and roof and requested the addition of horizontal articulation. The Commission suggested a revised design be sent to SARC prior to returning to the Planning Commission. • Said that the applicant made some changes. They reduced the height of the front entry and introduced a gable. Campbell Planning Commission Minutes for March 9, 2010 Page 3 • Reported that SARC felt that only one of the three recommendations made by the Planning Commission has been met -the reduction of the entry height. • Stated that this has been a difficult design review process with this applicant as he was married to his design and not receptive to changes. There have been challenges to overcome. • Added that in the design review process it is normal for staff to recommend changes. Commissioner Alster presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on February 23~d • Reiterated the three recommendations made that included: the roof is too massive so simple rooflines were suggested; the shape of the second story needed to be more horizontal; the front entrance was too tall. • Reported that the only revision made was a reduction in the front entrance height. • SARC was not supportive of the request. Chair Gibbons opened the Public Hearing for Agenda Item No. 1. Mr. Antoine Andary, Applicant/Owner: • Reported that he had just received a copy of the staff report the day before. • Suggested that the SARC report represents the Chair's views and not SARC's. • Provided photographic examples of other homes, which he represented as having been built since the adoption of the San Tomas Area Neighborhood Plan, that have elements that he is proposing for his home. • Pointed out that the STANP is intended to offer criteria and guidance as well as consistency in design review. • Said that he had been told by staff that his roof must resemble those roofs on adjacent neighbors and it does. • Charged that there appears to be selective interpretation and enforcement of the STANP in this case. • Said that there is one neighboring home to the north that has a second story and is surrounded on all sides by single-story homes. • Reminded that he had submitted a petition with signatures of support by his neighbors. • Pointed out that bricks remain on staff's rejection list but was not an issue for the Planning Commission. There is considerable use of brick in the area and he showed several photographs of examples. • Said that this style and design already exists in this STANP neighborhood. • Added that his proposed 1.5-story design does not overlook any of his adjacent neighbors. His neighbors again are supportive. • Stated that the staff report is short on Code and long on blame by the staff. • Reiterated that his proposal is consistent with the STANP and with precedence in the area. It is not a radical design. It is not massive. "The lie doesn't lie." Chair Gibbons closed the Public Hearing for Agenda Item No. 1. Campbell Planning Commission Minutes for March 9, 2010 Page 4 Commissioner Roseberry: • Stated that Mr. Andary has done his homework. • Added that his concerns have been met when looking at this elevation. • Said that 1.5-story design that is under the roof should be encouraged. There should be some compromise. • Agreed that this design is not all that was asked for but is good and attempts were made to comply. • Said that Mr. Andary made a good caise for himself through his photographic examples. • Said he has seen enough to support approval of this design. Commissioner Reynolds: • Thanked staff for their review and interpretation and Mr. Andary for his presentation • Expressed that he was impressed by Mr. Andary's presentation. • Agreed that the homes located at 1126 Abbott Avenue and 1204 Abbott Avenue both look identical to what Mr. Andary is proposing. • Added that there is a tremendous hodgepodge of homes in the area as shown by the photos provided by Mr. Andary. • Reminded that the STANP is 10 years old and it might be time to review it again. • Pointed out that there is support from the neighbors and no opposition has been raised. That is a plus. • Stated that there is an issue of personal property rights. This home represents the Andary family's dream home. It equals their vision. It is not an unreasonable request. Commissioner Rocha: • Said that he has an opposing point of view. • Reported that he had spent time with staff in preparation for the SARC meeting. • Advised that this applicant chose to ignore the process. • Said that looking at the chronology of Mr. Andary's interaction with staff, he is impressed with the process. • Advised that he lived in the San Tomas Area between 1978 and 1999. • Added that while he appreciates the support of the neighbors he is surprised no one is here in person in support. • Pointed out that the concerns raised have not yet been met. • Said he would oppose this design. • Suggested that, if they wish to, staff should respond to Mr. Andary's concerns raised this evening. Commissioner Cristina: • Said he agreed with Commissioner Rocha. • Said that he too respects the chronology of meetings that took place. • Added that there has not been the normal process of cooperation with this applicant. Instead he has forced his way up to this position. • Agreed that this design is still inconsistent with the STANP. Campbell Planning Commission Minutes for March 9, 2010 Page 5 Chair Gibbons: • Said that the initial jurisdiction for this R-1-6 zoned property involved staff level review and approval. However, since there was no meeting of the minds, this project ended up before the Planning Commission on appeal. • Added that at the previous hearing the Commission had tried to help this applicant have more of a sense of comfort with the process and to work with staff and the Commission to come to a resolution through SARC. • Agreed that each applicant has a vision for their home design. • Said that this applicant is well informed and has spent a lot of time and effort in researching his area. He provided photographic examples of similarly styled homes in his neighborhood. • Expressed disappointment that a design could not be achieved that reinforced this home's street presence and that included horizontality. • Added that she has difficulty in supporting this application. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Cristina, the Planning Commission adopted Resolution No. 3973 denying an appeal and upholding the Director's action to deny an Administrative Site and Architectural Review Permit (PLN2009-87) to allow a one and two-story addition to an existing single story 1,759 square foot residence on property owned by Mr. Antoine Andary located at 1636 Adrien Drive by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons and Rocha NOES: Reynolds and Roseberry ABSENT: None ABSTAIN: None Chair Gibbons advised that this action upholds the Director's denial of this project and is final. *** Commissioner Alster advised that she must recuse herself from Item 2 as she resides within the noticing distance. She left the chambers. Chair Gibbons read Agenda Item No. 2 into the record as follows: 2. PLN2009-150 Public Hearing to consider the application of Ms. Becky Naumann, Naumann, B. on behalf of Sierra Pacific Turf Supply, Inc., for an Administrative Planned Development Permit (PLN2009-150) to allow the continuance of early morning business operations prior to 6 a.m. for an existing business on property owned by Don and Becky Nauman located at 510 Salmar Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Steve Prosser, Associate Planner Campbell Planning Commission Minutes for March 9, 2010 Page 6 Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that Sierra Pacific Turf Supply is seeking an Administrative Planned Development Permit for late night operations to allow them to operate early in the morning hours. • Said that the company's office hours are from 7 a.m. to 5 p.m. The issue is operational hours, which are from 4 a.m. to 11 p.m. The early morning hours are of concern to adjacent neighbors due to noise concerns. • Explained that Sierra Pacific Turf Supply was established in 1990. In 2007, Council adopted an Ordinance that established the requirement for those businesses that operate late night hours to obtain a permit within atwo-year period of time. The applicant came in and applied for this permit within the prescribed time frame. • Stated that due to neighbor concerns, the Director elected to forward this Administrative PD Permit on to the Planning Commission to give members of the public the opportunity to speak to appointed officials. • Said that this property is located in the NOCA (North of Campbell Avenue) Area Plan that was established in 1990. • Said that when a new residential development is proposed on a property adjacent to commercial properties, potential noise impacts are evaluated to determine if residential development should be allowed there. • Reported that this applicant did their own noise study to find ways to change their operations to deal with noise impacts on their residential neighbors. Three options were provided: o Option 1: Move the fence and trucks approximately 60 feet away/further from the residential uses. o Option 2: Create an area to the north of the site for truck loading. The impact of this change would be an aesthetic issue. o Option 3 (which is staff's recommendation): Park the truck inside the bay for loading and drive it out in the morning. The problem with this option is that one truck would have to move there for loading and relocated afterwards so the second truck could be loaded. • Said that a reduction in operating hours is proposed. While the current hours of operation are between 4 a.m. and 9 p.m. daily, staff recommends a change to 6 a.m. to 9 p.m. daily, with the ability for the owner to work in the office after 9.p.m. • Reported that emails in opposition were provided with the staff report and there are likely some neighbors present this evening. • Said that staff is in support of allowing late hours as outlined in the staff report. Commissioner Ebner asked why the trucks could not be loaded earlier in the day when they return from their daily deliveries. Planning Manager Paul Kermoyan said that the applicant could best answer that question. Commissioner Ebner said he could not imagine that they don't know what an order is in advance. Campbell Planning Commission Minutes for March 9, 2010 Page 7 Commissioner Cristina said that having a requirement for this business to keep their doors closed during business hours might be detrimental to their business operations. Planning Manager Paul Kermoyan said that having those doors kept closed is intended to keep sounds confined to the interior of their business. However, there is the issue of fumes from the fertilizers stored within this building. Perhaps they could circulate the air around using fans and/or vented openings in the roof. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Ms. Becky Naumann, Applicant/Owner: • Explained that their business started in 1982 in Campbell at Union and McGlincy. They moved to this Salmar location in 1990. • Added that they are a wholesale distributor of turf supplies for golf courses and municipalities throughout Northern California and Nevada. • Said that they make their deliveries before the first golfers of the day tee off. Their trucks are loaded and leave by 5 to 5:30 a.m. each day. • Said that their operations bother their some of their closest residential neighbors and they have taken efforts to mitigate their noise. • Stated that they do load their trucks the night before when weather permits. • Explained that they don't idle trucks on site any longer and do their pre-trip inspections off-site. Additionally, out-of-state trucks are not allowed to stay on site overnight any more. • Added that they moved to an area on site where they can load as far from the adjacent residences as possible. • Said that orders are pulled the night before whenever they can. • Said that she sometimes works after 9 p.m. Last night she said she worked until 9:30 p.m. She said that she likes to work when the employees are gone and it's quiet so she can complete her paperwork. • Said that they leave their doors open for smell and ventilation. The roll up doors are left open for pick up and deliveries. • Assured that they would do what they can to minimize their impacts but there is no 100 percent quiet option. Commissioner Ebner asked if they have a covered trailer so that orders could be loaded onto the truck the day before and the goods on that truck remain safely covered. Ms. Becky Naumann said that they did not have covered trailer trucks but rather flatbed trucks. She added that they can't get onto a lot of properties with a covered trailer because of trees and low-hanging branches. They have to cover their pallets as their materials cannot be delivered wet. There is the added threat of vandalism if open trucks are left outside overnight. Commissioner Ebner asked if products have been taken from the site. Ms. Becky Naumann replied no. Campbell Planning Commission Minutes for March 9, 2010 Page 8 Chair Gibbons: • Said that the noise impacts resulting from this business includes equipment, trucks arriving and waiting, noise of diesels starting up and noise of forklifts. • She asked if there is any sort of supplemental equipment available to reduce the noise of the diesels and/or forklifts. Ms. Becky Naumann advised that they do not use back up beepers on their forklifts on site. They use propane forklifts that are fairly quiet. However, when they load a forklift onto their trucks it can be noisy. She added that their trucks are newer ones and she is not sure if other things can be done to make them quieter to operate. Chair Gibbons asked if the forklifts can be placed onto the truck the night before. Ms. Becky Naumann replied yes. Chair Gibbons: • Said that this business has need for extended operations because they leave in the early morning to make deliveries. • Said a key consideration is where to place their equipment so as to minimize noise impacts on adjacent residents. • Said it appears that use of the bay for loading trucks would be okay. • Asked if it is possible to pull up their second truck further up to the north end of the site. After one truck is loaded, it can be removed and the second truck then backed into the bay for loading. Ms. Becky Naumann explained that after the first truck leaves, the second driver comes on site at about 4:45 a.m. Chair Gibbons said that work starts about 4 a.m. When that truck leaves for a delivery the second truck backs in and the door to the bay could be closed. Ms. Becky Naumann explained that the loading of the forklift must still be done outside as there is not sufficient space available to get it up onto the truck within the building. Chair Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Roseberry: • Said that this is a classic problem when housing is located adjacent to industrial areas. • Reminded that this housing was constructed adjacent to an existing and established industrial use. When that occurs, complaints start and the business gets driven out. • Said that it appears as if these are reasonable owners/operators but there are some things they cannot control and people nearby can hear them. • Concluded that having residences located adjacent to business uses cannot keep everyone happy. Campbell Planning Commission Minutes for March 9, 2010 Page 9 • Added that he is not sure how best to make it work. Commissioner Rocha: • Pointed out that the construction materials of this building, a metal building, also impacts the noise generated/heard from this location. • Suggested that when this area was rezoned for residences, the City fathers didn't look ahead. • Agreed that residents are entitled to a decent night's sleep so the City can't just give this business a free pass on noise impacts. • Reminded that this is a complaint driven issue. • Reported that he had requested staff to review complaints received over the last year. Staff reported back that there were four complaints received, all of them from the same person. Commissioner Ebner: • Said that he was disappointed that those neighbors who submitted a written complaint were not here in person to speak this evening. • Added that this business owner has tried to work out noise impacts but he cannot be sure how those efforts are working for the residential neighbors. • Pointed out that this business was here first. • Said that high density housing is being located near Light Rail. It is important to talk to developers and make sure they let potential buyers know what uses surround them. • Advised that the City has complaint-driven Code enforcement. • Suggested that this use be revisited in six months to see how things are going. • Said he does not know the answer. He is torn on this. • Said that he has no problem with the owner working long hours in the office as he too has been a business owner and understands the need to work when it is quiet. • Asked if a six-month review is possible. Commissioner Cristina: • Said he liked the idea of a six-month review. • Stated that Sierra Pacific Turf Supply has done their part to be a good neighbor. • Added that in order for this business to be viable, they need to open at 4 a.m. • Reminded that this is a 13-employee business. • Said that the doors are needed for ventilation. • Said that he would have liked an opportunity to speak with neighbors. • Suggested that opening and closing the doors would be noisier than leaving them open. Planning Manager Paul Kermoyan: • Explained that the neighbor most impacted is sick with the flu and was unable to attend this evening. • Said that one required finding to support late night hours is that while some noise is anticipated it needs to be established that the use would not significantly disturb the peace. There is discretion in determining an acceptable level. Campbell Planning Commission Minutes for March 9, 2010 Page 10 • Added that a commercial use would not be as quiet as a residential use. Commissioner Reynolds: • Supported Commissioner Ebner's recommendation for asix-month review. • Said that there is support for a business in this situation. • Added that in reading the opposition letters it appears there was a lack of disclosure on the part of the developers of the residential development. • Stated that with a window overlooking this commercial property, he would have questioned impacts of this adjacent commercial use on the residential unit(s). • Said it reflects the problems when homes are built around commercial properties. • Stated his support for this proposal with asix-month review. Commissioner Roseberry: • Pointed out Condition 10 on the issue of noise management, which gives the Community Development Director the discretion to modify operational hours immediately upon a substantiated complaint subject to bringing it back to the Planning Commission. Commissioner Rocha: • Said that the property rights of both the residents and this business needs to be considered. • Said that he his home is located four lots away from the Light Rail and before buying there he had investigated the potential impacts of that proximity. • Stated that he too likes the idea of a six-month review. Char Gibbons: • Agreed that there is the standard condition of approval allowing the Director to reduce hours if necessary upon complaint. • Recommended that, instead of a formal six-month review, staff could simply review Police complaint records after six and 12 months. • Suggested Option 3 with the Director having the authority to refine operational hours based on factual impacts on neighbors. She suggested adding text to the conditions to read that the Community Development Director can alter the hours but may also revisit alternatives to noise management. • Supported increasing the hours of operation to allow non-warehouse use up to 11 p.m. The doors to remain open to the extent reasonable. • Recommended/encouraged installation of mufflers to the diesel equipment and additional mechanical ventilation of the warehouse to allow the roll up doors to be closed more often. Commissioner Ebner said that sounds might end up being louder than existing conditions. He suggested taking out the requirement for front, side and rear doors to be kept closed. Chair Gibbons said that the people doors should remain closed. Campbell Planning Commission Minutes for March 9, 2010 Page 11 Chair Gibbons re-opened the Public Hearing for Agenda Item No. 2. Ms. Becky Naumann reminded that the doors in question are roll up doors. Chair Gibbons clarified that the people doors are encouraged to be kept closed as much as possible. The roll up doors can stay open. Chair Gibbons re-closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3974 approving an Administrative Planned Development Permit (PLN2009-150) to allow the continuance of early morning business operations prior to 6 a.m. for an existing business on property owned by Don and Becky Naumann located at 510 Salmar Avenue, with the following modifications: • Condition 10B -Person doors to remain closed and roll up doors closed as practical; • Condition 10A -Add, "The Community Development Director to modify noise reduction measures if unintended consequences (Option 3); • Condition 6 -Warehouse hours to cease at 9 p.m. Office hours allowed until 11 p.m.; by the following roll call vote: AYES: Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Alster Chair Gibbons said that this action is final in 10 calendar days. Commissioner Alster returned to the chambers and dais at the conclusion of Item 2. *** Chair Gibbons read Agenda Item No. 3 into the record as follows: 3. PLN2010-09 Public Hearing to consider the application of Daniel Kramer, on Kramer, D, behalf of Walgreen Co., for a Conditional Use Permit (PLN2010- 09) to allow the off-sale of beer and wine in an existing Walgreens drugstore on property owned by Campbell Gateway Square located at 1660 S. Winchester Boulevard in a C-2 (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Assistant Planner Campbell Planning Commission Minutes for March 9, 2010 Page 12 Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking a Conditional Use Permit to allow off-sale beer and wine for an existing Walgreens. • Added that the sale of beer and wine would be incidental and consist of one 18-foot long shelf and 4.5 feet of cooler space. • Reported that this location obtained a Conditional Use Permit in 1992. In 1997, the Use Permit was modified to allow 24-hour operation and eliminate alcohol sales. • Explained that there are two criteria in evaluating the addition of alcohol sales. One is if a site is within 300 feet of schools, parks, etc. The other is if the site is within 500 feet of other alcohol establishments. However, grocery stores are exempt. • Stated that staff is recommending adoption of a resolution granting this Conditional Use Permit to allow beer and wine sales that represents less than 10 percent of the gross floor area. • Reported that the Police Department raised no objections. Chair Gibbons opened the Public Hearing for Agenda Item No. 3. Ms. Susan Blake, Resident on Third Street: • Expressed concerns about the addition of off-sale beer and wine. • Reminded that there are other liquor establishments located nearby including Garden City Liquors that operates between 10 a.m. and 11 p.m., and Rotten Robbie that operates between 5 a.m. and 11 p.m. • Stated that 24-hour sales are not a benefit to this neighborhood. • Reported that while this Walgreens had 24-hour pharmacy hours, those hours have now been cut back to 9 p.m. and 6 p.m. on Sundays. Commissioner Reynolds asked Ms. Blake what factor the pharmacy closure hours has on this request. Ms. Susan Blake replied that a 24-hour pharmacy was of benefit to the community while 24-hour beer and wine sales is not. Ms. Amy Harper, Resident on Esther Avenue: • Said that she her home is located behind this location. • Agreed with Ms. Blake that there is no community benefit with the off-sale of beer and wine at this Walgreens. • Pointed out that there are 14 places within one mile at which to purchase alcohol. Adding this one is not needed and rather is a detriment. • Said that this site is in proximity to many schools, churches and daycares. • Stated that she is disappointed that there was no objection by the Police Department. • Reported that a Campbell Police Department representative recently spoke at a Neighborhood Association meeting and spoke of problems with public intoxication, staffing shortages, etc. • Advised that there is already a problem of panhandlers loitering outside of this Walgreens. That situation could increase with the addition of alcohol sales. Campbell Planning Commission Minutes for March 9, 2010 Page 13 • Said that she bought her home in 1995 when the Walgreens used to sell alcohol. The alcohol sales stopped when the 24-hour pharmacy was established there. • Suggested that if the addition of alcohol sales creates undesirable results, Walgreens could lose customers. Mr. Dan Kramer, Attorney & Representative for Walgreens: • Advised that Walgreens sold alcohol from Prohibition until the late 1990's. They had a liquor license at this location until 1997. • Reported that today, Walgreens competitors all sell alcohol. Walgreens seeks to provide the convenience of one-stop shopping to its customers. • Added that they would offer a limited supply of beer and wine using one cooler for beer and approximately 18-feet of wine shelf space. They would sell only six- packs, 12-packs and cases. They will not sell single servings or 40-ounce containers. • Reminded that Walgreens has extensive experience selling regulated products. They have had no violations of the ABC (Alcohol Beverage Control) Act. • Informed that they have five Walgreens locations in San Francisco with current liquor licenses with no violations. • Stated that all of their employees undergo alcohol safety training programs. Additionally, their registers require identification checks for all persons appearing to be under the age of 40 for alcohol purchases. Chair Gibbons closed the Public Hearing for Agenda Item No. 3. Commissioner Ebner: • Said that this Walgreens location is within 500 feet of U-Save Liquors. • Added that there is a lot of gang activity on Cadillac Drive. • Said it would be a big mistake to offer liquor at this Walgreens. • Questioned how the staff report can indicate no increased parking demands with the addition of alcohol sales. How that is determined when Walgreens had said that alcohol sales would increase parking demand. • Said that if alcohol sales represent only 5 percent of the store's sales, what's the point? • Said he would not be supporting this request as it is a quality of life issue. • Stated that the sales tax generated from alcohol sales would be limited and used up with increased crime and police calls. This is a bad idea. Director Kirk Heinrichs clarified that the addition of this product does not increase the parking requirement. Chair Gibbons: • Reported that she was on the Commission when this Walgreens transitioned from having liquor sales into a business with 24-hour operations. • Said that nothing justifies this addition of alcohol sales as there is ample opportunity to purchase alcohol in this area. • Stated that this is not the right location and there is no benefit to the community. Campbell Planning Commission Minutes for March 9, 2010 Page 14 Commissioner Alster asked for clarification on whether there was a strong commitment on the part of Walgreens when they gave up liquor sales and instead went to 24-hour operations. Chair Gibbons said that they stopped selling liquor because they thought that 24-hour operations were more beneficial to their business and clients. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3975 denying a Conditional Use Permit (PLN2010- 09) to allow the off-sale of beer and wine in an existing Walgreens drugstore on property owned by Campbell Gateway Square located at 1660 S. Winchester Boulevard, with findings as modified by the City Attorney, by the following roll call vote: AYES: Alster, Ebner, Gibbons, Reynolds and Rocha NOES: Cristina and Roseberry ABSENT: None ABSTAIN: None Chair Gibbons advised that this action is final *** Chair Gibbons read Agenda Item No. 4 into the record as follows: 4. PLN2010-10 Public Hearing to consider the application of Daniel Kramer, on Kramer, D. behalf of Walgreen Co., for a Conditional Use Permit (PLN2010- 10) to allow the off-sale of beer and wine in an existing Walgreens drugstore on property owned by Kirkorian Properties located at 1570 W. Campbell Avenue in a C-1 (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that as with the previous application, Walgreens is seeking a Conditional Use Permit to allow off-sale beer and wine for their store located within Kirkwood Plaza Shopping Center. • Said that beer and wine would represent incidental sales within this drugstore representing less than 10 percent of the gross floor area. A Conditional Use Permit is required for the sale of alcohol products. • Reported that the Police Department had no objections. • Recommended approval of this Conditional Use Permit. Commissioner Rocha pointed out that Harker Academy is not too far away. Campbell Planning Commission Minutes for March 9, 2010 Page 15 Commissioner Reynolds said that there is a school/church within 300 feet that is located next door to the Taco Bell. There is a playground on that property. Commissioner Ebner added that there is Freddie's Liquors across the street. Chair Gibbons said that the Longs (now CVS) also sells alcohol. Commissioner Ebner pointed out that there is also a neighborhood cabana/pool that is close by. Director Kirk Heinrichs said that the gas station nearby also sells alcohol. Chair Gibbons opened the Public Hearing for Agenda Item No. 4. Mr. Dan Kramer, Attorney & Representative for Walgreens: • Said that the primary difference between this location and the one just previously discussed is the hours of operation. • Reminded that Campbell's Police Department had no cause for concern with this liquor licensing request. • Reported that ABC maintains Census Tracts and there are six active licenses in this particular Tract that includes a Safeway, Target, Big Lots, 7-11 and Nob Hill Foods. • Said that this Use Permit would allow the sale of beer and wine at this Walgreens so that their customers would not have to go to different store to complete their shopping. • Said that their product mix would not increase crime and more would serve moderate drinkers with its limits of beer and wine. • Requested that Walgreens be allowed to continue as a good community partner. • Agreed that the City ahs the right to impose any conditions of approval necessary. If there were ever to be any negative changes as a result of this use, it could be revisited in the future. Chair Gibbons sought verification that there would be no single servings of beer sold. Mr. Dan Kramer reiterated that the sales would just be beer and wine in bottles and six packs. He said that Walgreens does not want people who cause problems in their store. Commissioner Cristina asked about the 5.9 percent content indicated as some wines have a higher content than that. Mr. Dan Kramer clarified that standard is for malt liquor. Commissioner Reynolds asked if Walgreens currently sells non-alcohol beer. Mr. Dan Kramer said he was unsure. Campbell Planning Commission Minutes for March 9, 2010 Page 16 Chair Gibbons closed the Public Hearing for Agenda Item No. 4. Commissioner Roseberry: • Said that he never visited the Winchester Boulevard Walgreens location. • Said that there are places near this Campbell Avenue Walgreens that already sell liquor but this is seen as a convenience for their customers. • Stated that Walgreens should be able to sell and compete. • Concluded that he thinks that this request is okay. Commissioner Ebner said that it appears this location cannot meet the restrictions of proximity within 500 feet to other liquor establishments, schools, churches and a neighborhood community swim club. Either the regulations should be changed or this project does not meet the established criteria. Commissioner Roseberry said that the other places nearby selling alcohol are competing with Walgreens. He said there is not an over-concentration in this area. Director Kirk Heinrichs clarified that the regulations prohibit liquor stores near other liquor stores. This is not a liquor store but rather a store selling a small amount of alcohol in addition to other products. Commissioner Ebner asked why the 300 and 500 foot distance standards are in place. City Attorney William Seligmann advised that all off-site beer and wine sales, except within grocery stores, must have a minimum distance of 300 feet from any school, church or other liquor establishment with off-site sales and a minimum of 500 feet from another liquor establishment. Director Kirk Heinrichs added that a drugstore is categorized like a grocery store. Commissioner Alster said that she agrees with Commission Roseberry on the issue of convenience. With this small display and hours of operation, this request is reasonable. Commissioner Reynolds asked if ABC has regulations regarding proximity to schools. City Attorney William Seligmann said there are factors that ABC takes into consideration. Commissioner Reynolds asked if ABC could deny this permit even if this Commission issues a Use Permit. City Attorney William Seligmann replied that they could but usually they don't if a City approves the use. Commissioner Reynolds: • Said that this location is not a problem. Campbell Planning Commission Minutes for March 9, 2010 Page 17 • Pointed out that CVS has an extensive display that is protected by a theft deterrent system. There are caps on bottles that have to be removed by a clerk. • Suggested that such a system might be a requirement imposed on Walgreens. • Asked if this could be reviewed in six months. Chair Gibbons said that staff could be asked to tickle a review of Police reports in one year's time. Commissioner Reynolds said he supports that suggestion. Commissioner Ebner said he is concerned that if this Walgreens uses the theft deterrent system, the location on Winchester might also ask to be allowed to do so on appeal. Commissioner Cristina said it is important to be fair to Walgreens. He added that there is a different situation between the Campbell Avenue and Winchester Boulevard locations. This offers a good opportunity to help this company in our City. Director Kirk Heinrichs reminded that there is a condition in place to require measures such as signage, etc. Commissioner Reynolds asked if it is possible that this decision might open the door for an appeal of the other location. Chair Gibbons reiterated that there are conditions of approval in place in the event that problems arise. Commissioner Roseberry reminded that there are differences in the two neighborhoods. Director Kirk Heinrichs asked if the Commission intends to insert a provision to require locks on the alcohol bottles against theft. Planning Manager Paul Kermoyan said that the difference between the Winchester and Campbell locations is there is a history of crime at the Winchester store's area but not at the Campbell Avenue location. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Cristina, the Planning Commission adopted Resolution No. 3976 approving a Conditional Use Permit (PLN2010-10) to allow the off-sale of beer and wine in an existing Walgreens drugstore on property owned by Kirkorian Properties located at 1570 W. Campbell Avenue, by the following roll call vote: AYES: Alster, Cristina, Gibbons, Reynolds, Rocha and Roseberry NOES: Ebner Campbell Planning Commission Minutes for March 9, 2010 Page 18 ABSENT: None ABSTAIN: None Chair Gibbons 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 Director's Report was accepted as submitted. ADJOURNMENT The Planning Commission Session and subsequently March 23, 2010. SUBMITTED 6Y: meeting adjourned at 9:45 p.m. immediately to a Study to the next Regular Planning Commission Meeting of Corinne inn, Recording Secretary ~~ APPROVED BY: ATTEST: ~~.~hf"Gibbons, Chair