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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