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Use Permit - Walgreens - 2010CITY of CAMPBELL Community Development Department November 4, 2010 Ms. Corinna Gallego Department of Alcoholic Beverage Control 100 Paseo de San Antonio, Room 119 San Jose, CA 95113 Re: File No: PLN2010-10 Address: 1570 W. Campbell Avenue ~ Walgreens Co. Subject: Public Convenience or Necessity Determination Dear Ms. Gallego, On March 9, 2010 the City of Campbell Planning Commission adopted Resolution No. 3976 approving the application of Walgreens Company for a Conditional Use Permit to allow retail beer and wine sales in an existing drugstore. In approving this Conditional Use Permit the Planning Commission made the effective determination that the allowance of retail beer and wine sales at this location would serve public convenience or necessity. If you should have any questions regarding the Planning Commission action, I may be reached at 408 866-2193 or by email at danielf(r.~,cityofcampbell.com. Sincerely, Daniel Fama Assistant Planner Encl: Planning Commission Resolution No. 3976 cc: Paul Kernloyan, Planning Manager File No: PLN2010-10 CITY of CAMPBELL Community Development Department March 11, 2010 Daniel J. Kramer, Esq. Haas Najarian, LLP 58 Maiden Lane, 2nd Floor San Francisco, CA 94108 Re: PLN2010-10 - 1570 W. Campbell Avenue -Approval of Use Permit -Walgreens Dear Applicant: Please be advised that at its meeting of March 9, 2010, the Planning Commission adopted Resolution No. 3976 approving a Conditional Use Permit (PLN2010-10) to allow off-sale beer and wine in an existing Walgreens Drugstore on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, March 19, 2010. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Daniel Fama Assistant Planner cc Paul Kermoyan, Planning Manager Kirkorian Properties (Property Owner) 1630 W. Campbell Avenue Campbell, CA 95008 Walgreen Co. (Business Owner) Attn: Dan Perlin 104 Wilmot Rd, 2nd Floor, MS 1420 Deerfield, IL 60015 RESOLUTION NO. 3976 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL 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. APPLICATION OF MR. DANIEL KRAMER, ON BEHALF OF WALGREEN CO. FILE NO. PLN2010-10. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2010-10. Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15060(c)(2) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment. Evidentiary Findings 2. The project site is designated Neighborhood Commercial in the General Plan Land Use Element. 3. The project site is designated C-1 (Neighborhood Commercial) on the City Zoning Map. 4. The selling of alcoholic products may be permitted in the C-1 (Neighborhood Commercial) with a Conditional Use Permit as required by Section 21.36.110 of the Municipal Code. 5. The submitted operational description describes the sale of beer and wine beverage products as an incidental activity of the existing drugstore. 6. Due to the incidental nature of the proposed alcohol sales within an existing drugstore, the locational criteria specified by Section 21.36.110, of which grocery stores are exempt, are not applicable to subject drugstore use. 7. The subject drugstore was established in 2001. 8. The subject drugstore is within the Kirkwood Shopping Center, located along Campbell Avenue at the intersection with San Tomas Aquino Road. 9. The selling of beer and wine products does not increase the parking demand of the existing drugstore use. Planning Commission Resolution No. 3976 PLN2010-10 - 1570 W. Campbell Avenue -Use Permit -Off-Sale Beer and Wine Page 2 10. Late-night operational hours of the existing drugstore is not requested as part of this Conditional Use Permit. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 11. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code in that the sale of beer and wine products is a retail activity consistent with the C-1 (Neighborhood Commercial) Zoning District. Additionally, the proposed Conditional Use Permit is consistent with the provisions governing off-site alcoholic sales establishments as specified by Section 21.36.110 of the Campbell Municipal Code. Due to the incidental nature of the proposed alcohol sales within an existing drugstore, the locational criteria specified by Section 21.36.110, of which grocery stores are exempt, are not applicable to subject drugstore use. 12. The proposed use is consistent with the General Plan in that the sale of beer and wine products would increase the convenience of an existing neighborhood drugstore, in compliance with the General Plan Land Use Element: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. 13. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area in that the addition of beer and wine products to an existing drugstore does not necessitate alterations to the site configuration. 14. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate in that the sale of beer and wine products in an existing drug store will not appreciably increase traffic to the use due to the incidental nature of the sales. 15. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property in that the sale of beer and wine products in compatible with the general retail nature of the existing drugstore and with the mix of commercial uses within the shopping center where the use is located. 16. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the Planning Commission Resolution No. 3976 PLN2010-10 - 1570 W. Campbell Avenue -Use Permit -Off-Sale Beer and Wine Page 3 general welfare of the city in that that the sale and beer in an existing drugstore, as proposed and conditioned, is harmonious with other existing uses in the shopping center. THEREFORE, BE IT RESOLVED that the Planning Commission approves 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. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: Planning Division: Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the business owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged 8~ Accepted: Authorized Representative of Walgreen Co. Date 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2010-10) to allow off-sale of beer and wine products in an existing drugstore. The project shall substantially conform to the Project Plans and Operational Description stamped as received by the Community Development Department on January 26, 2010, except as may be modified by the conditions of approval specified herein. Selling of Alcohol: The selling of beer and wine alcoholic products shall be subject to the following restrictions: a. The applicant shall obtain a Type 20 (Off-Sale Beer & Wine) license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. b. The applicant shall, at all times, maintain in good standing the Type 20 License from the State Department of Alcoholic Beverage Control for the sale of beer and wine products. Planning Commission Resolution No. 3976 PLN2010-10 - 1570 W. Campbell Avenue -Use Permit -Off-Sale Beer and Wine Page 4 c. The sale of alcoholic products shall be limited to the hours of operation of the drugstore. d. The Community Development Director may require specific signage or locked cabinet shelving, or similar measures, to prevent the unauthorized selling of alcohol. e. The sale of alcoholic products shall be limited to 10% of the gross floor area of the existing tenant space. An expansion of the tenant space resulting in a net increase in the floor area devoted to the selling of alcoholic products shall not be permitted without a Modification to the Conditional Use Permit approved herein. 4. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of Planning Commission action. Within this one year period, a Type 20 License must be obtained from the State Department of Alcoholic Beverage Control. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 6. Operational Hours: No approval for late night operational hours is granted by this Conditional Use Permit. Hours of operation shall be restricted to the City standard of 6 AM to 11 PM daily. 7. Progerty Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. PASSED AND ADOPTED this 9th day of March, 2010, by the following roll call vote: AYES: Commissioners: Alster, Cristina, Gibbons, Reynolds, Rocha and Roseberry NOES: Commissioners: Ebner ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVE ' ~J th Gibbons, Chair ATTEST: Kir i richs, Secretary