Use Permit - Denied - 2010CITY of CAMPBELL
City Clerk's Office
Apri123, 2010
Daniel Kramer, Esq., Haas Najarian, LLP
58 Maiden Lane 2° Floor
San Francisco, CA 94108
Dear Mr. Kramer,
At its regular meeting of April 20, 2010 the Campbell City Council held a public hearing
to consider an appeal submitted, on behalf of Walgreens Co., of a Planning Commission
decision denying the application of Walgreen Co. for a Conditional Use Permit to allow
the off-sale of beer and wine in an existing Walgreen" s drugstore, on property owned by
Campbell Gateway Square, located at 1660 S. Winchester Boulevard in a G2 (General
Commercial) Zoning District.
After due consideration, the City Council adopted Resolution 11150 denying the appeal
and upholding the Planning Commission's action denying a Conditional Use Permit to
allow the off-sale of beer and wine in an existing Walgreen's drugstore.
Please be advised 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 of law) sets forth a more specific time period.
Please do not hesitate to contact this office (866-2117) or Daniel Fama, Assistant Planer,
Community Development (866-2140), should you have any questions regarding the City
Council's action.
Sincerely,
Anne Bybee
City Clerk
enc.
cc: Daniel Fama, Assistant Planner
Dan Perlin, Walgreen Co.
RESOLUTION NO. 11150
BEING A RESOLUTION OF THE CITY COUNCIL DENYING AN
APPEAL AND UPHOLDING THE PLANNING COMMISSION
DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW THE
OFF-SITE SALE OF BEER AND WINE IN AN EXISTING
WALGREEN'S DRUGSTORE. FILE N0: PLN2010-09
APPEAL OF DANIEL KRAMER ON BEHALF OF WALGREEN CO.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows
with respect to the appeal of application PLN2010-09:
Environmental Finding
1. The project is Statutorily Exempt under Section 15270(a) of the California
Environmental Quality Act (CEQA), pertaining to projects which a public agency
rejects or disapproves.
Evidentiary Findings
2. The subject drugstore is within the Gateway Square center, located at the northwest
corner of Winchester Boulevard and Hamilton Avenue.
3. The project site is designated General Commercial in the General Plan Land Use
Element.
4. The project site is designated C-2 (General Commercial) on the City Zoning Map.
5. The selling of alcoholic products may be permitted in the C-2 (General Commercial)
Zone District with a Conditional Use Permit as required by Section 21.36.110 of the
Campbell Municipal Code (CMC).
6. Pursuant to CMC Section 21.46.010(C), a project requiring a Conditional Use Permit
is reviewed to determine whether there is a public need for and benefit derived from
the project against any impacts it may cause.
7. The subject drugstore was established in 1992 as part of the Gateway Square
center.
8. A Conditional Use Permit (UP 92-14) was granted in 1992 to allow general off-sale of
alcohol products. In 1997, this Use Permit was modified (M 97-13) to allow 24-hour
operation of the drugstore and elimination of the sale of alcoholic products. The granting
of 24-hour operation of the store was contingent on the elimination of alcohol sales as
articulated in Planning Commission Resolution No. 3113 that found:
City Council Resolution L..~~ying an Appeal
PLN2010-09 - 1660 S. Winchester Blvd.
Page 2
• The elimination of the sale of alcoholic beverages at any time by the drugstore
indicates the applicant's intent to prevent any incompatibility with the neighborhood.
• The proposed use, with 24 hour operation and no sale of alcoholic beverages, is
compatible with uses on site and adjacent land uses.
The establishment, with the elimination of the sale of alcoholic beverages, and the
provision of a 24-hour prescription pharmacy, will not create a nuisance due to noise,
litter, vandalism, traffic or other factors.
Therefore, approving off-site sale of beer and wine products would be contrary to the
City approval granting a 24-hour operation of the drugstore.
9. City approval of a Conditional Use Permit in 1992 for a general liquor license has no
barring on the subject application. Conditions and activities are evaluated on a case-
by-case basis at time of application. Therefore, what may have been allowed 18
years ago has no applicability to current conditions and the changed environment.
10. The Police Department confirmed testimony presented to the Planning Commission
that the area in vicinity of the project site has experienced numerous police activity
related to alcohol and/or drug related offenses (i.e., DUI, public intoxication, etc.).
Therefore, the addition of another off-sale alcohol establishment is unnecessary for
the neighborhood and inconsistent with the public's convenience and necessity for
additional off-sale alcohol.
11. There are off-site and on-site alcohol sales establishments within 500 feet as well as
within the general vicinity of the subject drugstore that contribute to criminal
disturbance within the neighborhood, as evidenced by the number of drug and
alcohol related incidents in the area as reported by the Police Department.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
12. The proposed use is not compatible with the existing and future land uses on site
and in the vicinity of the subject property.
13. The establishment, maintenance, or operation of the proposed use at the location
proposed will 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 general welfare of the city.
THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds
the Planning Commission action to deny a Conditional Use Permit for the off-site sale of
beer and wine in an existing Walgreen's drugstore.
City Council Resolution L .lying an Appeal Page 3
PLN2010-09 - 1660 S. Winchester Blvd.
PASSED AND ADOPTED this loth day of April , 2010, by the following
roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Kennedy, Furtado, Baker, Low
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~,-
ABSTAIN: COUNCILMEMBERS: None
C_,/ _
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APPROVED:
Bvan D. Low,•Mayor
ATTEST:
Anne Bybee, City Clerk
11E Fd9l6dN9 INSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIGINAL
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Attachment 5
RESOLUTION NO. 3975
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING A CONDITIONAL USE PERMIT
(PLN2010-09) TO ALLOW OFF-SALE OF BEER AND WINE IN AN
EXISTING WALGREENS DRUGSTORE ON PROPERTY OWNED BY
CAMPBELL GATEWAY SQUARE LOCATED AT 1660 S.
WINCHESTER BOULEVARD. APPLICATION OF MR. DANIEL
KRAMER, ON BEHALF OF WALGREEN CO. FILE NO. PLN2010-09.
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 PLN2010-09.
The Planning Commission finds as follows with regard to file number PLN2010-09:
Environmental Finding
1. The project is Statutorily Exempt under Section 15270(a) of the California
Environmental Quality Act (CEQA), pertaining to projects which a public agency rejects
or disapproves.
Evidentiary Findings
2. The project site is designated General Commercial in the General Plan Land Use
Element.
3. The project site is designated C-2 (General Commercial) on the City Zoning Map.
4. The subject drugstore was established in 1992.
5. The subject drugstore is within the Gateway Square shopping center, located the
northwest corner of Winchester Boulevard and Hamilton Avenue.
6. A Conditional Use Permit (UP 92-14) was granted in 1992 to allow general off-sale of
alcohol products. In 1997, this Use Permit was modfied (M 97-13) to allow 24-hour
operation of the drugstore and elimination of the sale of alcoholic products. The granting of
24-hour operation of the store was contingent on the elimination of alcohol sales.
7. The selling of alcoholic products may be permitted in the C-2 (General Commercial)
Zone District with a Conditional Use Permit as required by Section 21.36.110 of the
Municipal Code.
8. Pursuant to CMC § 21.46.010(C), a project requiring a Conditional Use Permit is
reviewed to determine whether there is a public need for and benefit derived from the
project against any impacts it may cause.
Planning Commission Resolution No. 3975 Page 2
PLN2010-09 - 1660 S. Winchester Boulevard -Denial of Use Permit
9. There are other off-site alcoholic sales establishments within 500 feet of the subject drugstore.
10. Testimony presented during the public hearing, later supported by numerous Police
Department calls-for-service reports, indicated that the off-site sale of alcohol products
increases demand for Police services by encouraging loitering, panhandling, and public
drinking.
11. The subject business is open 24 hours a day which changes the accessibility of alcohol
products in an area where there is a concentration of off-site alcohol sales
establishments and is contrary to the City approval granting a 24-hour operation.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
12. The proposed use is not compatible with the existing and future land uses on site and
in the vicinity of the subject property in that it would be within proximity of residences,
other off-site alcoholic sales establishments, and certain sensitive receptors.
13. The establishment, maintenance, or operation of the proposed use at the location
proposed will 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
general welfare of the city in that the off-site sale of beer and wine in an existing 24-
hour drugstore allows greater accessibility to alcoholic products and would contribute
to neighborhood problems of loitering, panhandling, public drinking and general
criminal disturbance.
THEREFORE, BE IT RESOLVED that the Planning Commission denies a Conditional Use
Permit (PLN2010-09) to allow off-sale of beer and wine in an existing Walgreens Drugstore
on property owned by Campbell Gateway Square located at 1660 S. Winchester
Boulevard.
PASSED AND ADOPTED this 9t" day of March, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Ebner, Gibbons, Reynolds and Rocha
NOES: Commissioners: Cristina and Roseberry
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROV D: ~ ~ ~~ ~ `~~~
i th Gibbons, Chair
i
ATTEST:
irk Hei richs, Secretary