PC Res 4156RESOLUTION NO. 4156
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2014-26) TO A PREVIOUSLY APPROVED CONDITIONAL
USE PERMIT (UP 94-03 / M 97-15) AND A PARKING
MODIFICATION PERMIT (PLN2014-145) TO FORMALIZE
LATE-NIGHT OPERATIONAL HOURS AND AN EXPANDED
OUTDOOR SEATING AREA FOR AN EXISTING GROCERY
STORE (WHOLE FOODS) WITH APPROVED RETAIL
ALCOHOL SALES ON PROPERTY LOCATED AT 1690 S.
BASCOM AVE.
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 file numbers PLN2014-26/PLN2014-145:
1. The project site is zoned C-2 (General Commercial) and designated General
Commercial by the General Plan Land Use Element.
2. The C-2 Zoning District is intended to provide a wide range of retail sales and
business and personal services primarily oriented to the automobile customer and
accessible to transit corridors, to provide for general commercial needs of the city,
and to promote a stable and attractive commercial development which will afford a
pleasant shopping environment.
3. The project site is located on the southeast corner South Bascom Avenue and
Hamilton Avenue and is adjacent to commercial uses to the north, south and west,
and multi-family residences to the east.
4. The project site is developed with amulti-tenant shopping center known as Hamilton
Plaza.
5. The existing grocery store, Whole Foods Market, is permitted retail beer and wine
sales and outdoor seating pursuant to Conditional Use Permit UP 94-03 approved by
Planning Commission Resolution No. 2918, as modified by Planning Commission
Resolution No. 3125 (M 97-15).
6. The proposed project would modify and supersede the previously approved
entitlements (UP 94-03 / M 97-15) to allow late-night operation and an expanded
outdoor seating in conjunction with a grocery store.
Planning Commission Resolution No. 4156
PLN2014-26/PLN2014-145 - 1690 S. Bascom Avenue
Modification to Conditional Use Permit and Parking Modification Permit
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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;
2. The proposed use is consistent with the General Plan;
3. 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;
4. 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;
5. 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.
6. 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 general welfare of the city.
7. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported by review of the applicant's documentation accepted by the decision-
making body.
8. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
9. Approval of the parking modification permit will further the purpose of the Zoning
Code.
10. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental Quality Act (CEQA) pertaining to minor alterations to an existing
private structure, involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination.
Planning Commission Resolution No. 4156
PLN2014-26/PLN2014-145 - 1690 S. Bascom Avenue
Modification to Conditional Use Permit and Parking Modification Permit
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approved a Modification
(PLN2014-26) to a previously approved Conditional Use Permit (UP 94-03 / M 97-15) and
a Parking Modification Permit (PLN2014-145) to formalize late-night operational hours and
an expanded outdoor seating area for an existing grocery store (Whole Foods) with
approval retail alcohol sales on property located at 1690 S. Bascom Avenue.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Modification (PLN2014-26) to a
previously approved Conditional Use Permit (UP 94-03 / M 97-15) and a Parking
Modification Permit (PLN2014-145), for an existing grocery store with beer and wine
retail sales, late-night operational hours, and outdoor seating, on property located at
1690 S. Bascom Avenue.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2014-26) and Parking Modification Permit (PLN2014-145), the
previously approved Conditions of Approval provided in Planning Commission
Resolution No. 2198 (UP 94-03) and No. 3125 (M 97-15) shall be void and shall
permanently be superseded in their entirety by the Conditions of Approval specified
herein.
3. Approval Expiration: The entitlement approval granted by the Modified Conditional
Use Permit and Parking Modification Permit shall be valid in perpetuity, unless the
grocery store ceases operation for a continuous period of twelve months which shall
void the entitlement.
4. Revocation of Permit: Operation of the use in violation of the Modified Conditional
Use Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of modification or revocation of the Modified Conditional
Use Permit by the Planning Commission in compliance with Campbell Municipal
Code.
5. Operational Standards: The operation of the grocery store shall be subject to the
following operational standards. Significant deviations from these standards, as
determined by the Community Development Director, shall require approval of the
Planning Commission.
Planning Commission Resolution No. 4156
PLN2014-26/PLN2014-145 - 1690 S. Bascom Avenue
Modification to Conditional Use Permit and Parking Modification Permit
Page 4
a. Approved Use: The approve use is a "grocery store" as defined by the
Campbell Municipal Code. Activity inconsistent with this definition is prohibited.
b. Business Hours: The 'Business Hours,' during which the grocery store is open
to the general public, shall be limited to 8:00 AM to 10:00 PM, daily. Later or
earlier hours to accommodate holiday (e.g., Thanksgiving) grocery shopping
may be approved by the Community Development Director, if requested in
writing with two weeks prior notice.
c. Operational Hours. The 'Operational Hours,' during which the grocery store is
occupied by store employees, shall be permitted 24-hours a day. Activity
occurring outside of the 'Business Hours' shall be non-disruptive in nature, such
as baking, stocking, or janitorial activity.
d. Delivery Hours: Deliveries to the rear (alley) service area shall be restricted
between the hours of 7:00 AM to 7:00 PM, daily, consistent with Site and
Architectural Review Permit (S 90-01 / M 90-11). Deliveries to the front entrance
of the store are permitted 24-hours a day.
e. Alley Usage: Employee usage of the rear alleyway shall be limited to 7:00 AM
to 7:00 PM, consistent with the 'Delivery Hours'. A notice on the inside door to
the alley shall be posted to inform and remind employees of this requirement.
f. Floor Plan. The existing configuration of the grocery store, with the southerly
portion composed of the grocery area ("Whole Foods") and the northerly portion
with personal supplies and services ("Whole Body") shall be maintained. Future
changes to the floor plan configuration that increases the size of the grocery
area shall require approval of the Planning Commission.
g. Alcohol Sales: The sale of beer and wine products within the grocery store
shall be subject to the following restrictions:
(1) The grocery store shall maintain in good standing a Type 40 (Off Sale
Beer and Wine) License from Department of Alcoholic Beverage Control.
(2) On-site consumption of tasting (sample) servings of beer and wine
products (not spirits), provided by outside vendors, at no cost to the
consumer, shall be permitted subject to a Type 86 (Instructional Tasting)
license from Department of Alcoholic Beverage Control.
(3) The sale of beer and wine products shall remain ancillary to the primary
purpose of the grocery store which is the sale of food items and
household supplies.
Planning Commission Resolution No. 4156
PLN2014-26/PLN2014-145 -1690 S. Bascom Avenue
Modification to Conditional Use Permit and Parking Modification Permit
Page 5
(4) The Community Development Director may require specific signage or
locked cabinet shelving, or similar measures, to prevent the unauthorized
selling of alcohol.
h. Outdoor Seating: Outdoor seating shall be permitted subject to the following
restrictions:
(1) Total outdoor seating capacity shall be limited to forty four (44) seats.
(2) All tables, chairs, umbrellas, and other furniture associated with the
outdoor seating shall be attractive and made of durable materials. The
design and make of all furniture shall be subject to review and approval
by the Community Development Director.
(3) Use of the outdoor seating area shall cease by the end of 'Business
Hours'.
(4) All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
(5) The store operator is responsible for provision of trash receptacles and
for picking up litter associated with the outdoor seating area.
(6) A minimum 48-inch wide clear space shall be maintained at all time at the
sidewalk and at the entry/exist from the building.
Indoor Seating: Indoor seating shall be limited to twelve (12) seats.
j. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060. It is the store operator's responsibility to enforce the "no
smoking" requirements along the exterior of the grocery store and within the
outdoor seating area.
k. Refuse Management: If necessary to secure the refuse area, as based on
verified complaints, the Community Development Director may require use of
locking refuse and recycling bins.
Outdoor Display: Products displays at the front entry of the grocery store shall
be maintained in good order and shall not impede accessible path-of-travel into
or out of the grocery store. Seasonal displays (e.g., Christmas trees), may not
encroach into the parking lot unless approved by the Community Development
Director in compliance with Campbell City Council Policy 9.8.
m. Noise: During the 'Business Hours', audible noise shall not be of a level that
would unreasonably interfere with the comfortable enjoyment of neighboring
residents. Outside of the 'Business Hours', noise shall not be audible to
neighboring residents. In the event the city receives three verifiable complaints
Planning Commission Resolution No. 4156
PLN2014-26/PLN2014-145 - 1690 S. Bascom Avenue
Modification to Conditional Use Permit and Parking Modification Permit
Page 6
in violation of this standard, the Planning Commission may review the
Conditional Use Permit in a public hearing. Upon review, if the Planning
Commission finds that there is substantial evidence that the grocery store is
creating unreasonable disturbance to the adjacent residents in violation of this
standard, the Planning Commission may take reasonable measures to mitigate
such noise, including reducing the 'Business Hours' or 'Operational Hours'.
n. Property Maintenance: The store operator shall maintain all exterior areas of
the business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
o. Outdoor Storage: No equipment, materials or business vehicles shall be
parked and/or stored outside or within the parking lot.
p. Powered Equipment: The use powered equipment shall be limited to the hours
of 8:00 AM and 7:00 PM, Monday through Friday, and between the hours of
9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays.
q. Shopping Cart Retention: If necessary to secure shopping carts from theft and
abandonment, as based on verified complaints, the Community Development
Director may require installation of security devices that preclude removal of the
shopping carts from the property.
r. Parking: The parking lot shall be maintained in compliance with the standards in
the Campbell Municipal Code. All parking and driveway areas shall be
developed and maintained in compliance with the approved plans and Chapter
21.28 (Parking and Loading) of the Campbell Municipal Code. All parking areas
shall be regularly swept and cleaned to remove litter and debris from the parking
areas and driveways. Parking shall be restricted for on-site uses only.
PASSED AND ADOPTED this 10th day of June, 2014, by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, Resnikoff, Reynolds and Rich
NOES: Commissioners: None
ABSENT: Commissioners Finch
ABSTAIN: Commissioners: None
1
A~~ROVED: ,
1 Paul Resnikoff, Chair
ATTEST: ~ '
Paul Ker yan, Secretary