PC Res 3583
RESOLUTION NO. 3583
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-85)
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT
(PLN2000-35) TO ALLOW THE EXP ANSION OF AN EXISTING
LIQUOR STORE (FREDDIES LIQUORS) BY APPROXIMATELY 2,226
SQUARE FEET IN ORDER TO ACCOMMODATE A DELICATESSEN
AND THE EXPANSION OF THE LIQUOR STORE ON PROPERTY
OWNED BY WING CENTER LOCATED AT 1581 W. CAMPBELL
AVENUE IN A C-I-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF KAHLON ENTERPRISES, INe. FILE
NO.: PLN2004-85.
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 PLN2004-85:
1. The proposed liquor establishment with a general off-sale liquor license, incidental retail
grocery sales and delicatessen is consistent with the commercial land use designation of the
General Plan and the C-I-S (Neighborhood Commercial) zoning designation for the site with
approval of a Use Permit.
2. The proposed expanded liquor establishment is a commercial use to be located in a
commercial tenant space within an existing commercial shopping center and is compatible
with the surrounding commercial businesses within the shopping center and the surrounding
uses within the neighborhood.
3. The proposed expanded liquor establishment, with a general off-sale liquor license, will not
result in an over-concentration of such uses in the area.
4. The proposed expanded liquor establishment, with a general off-sale liquor license, will not
create a nuisance due to noise, litter, vandalism, traffic or other factors.
5. The proposed expanded liquor establishment, with a general off-sale liquor license, will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
6. The proposed expanded liquor establishment, with a general off-sale liquor license, will not
significantly increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3583
PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors
Page 2
1. The expansion and continued operation of a liquor store with a general off-sale liquor
license, incidental retail grocery sales and delicatessen will aid in the enhancement and the
harmonious development of the immediate area. The establishment, maintenance, or
operation of the expanded use will not be detrimental to the public health, safety, peace,
morals, comfort or general welfare of persons residing or working in the neighborhood of
such proposed use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
2. The subject site is adequate in size and shape to accommodate the proposed expanded use
within the surrounding area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed project is compatible with the adjacent land uses and the surrounding
neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to
allow the expansion of an existing liquor store (Freddies Liquors) by approximately 2,226 square
feet in order to accommodate a delicatessen and the expansion of the liquor store on property
owned by Wing Center located at 1581 W. Campbell Avenue in a C-I-S (Neighborhood
Commercial) Zoning District, subject to the following conditions.
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 Proiect: Approval is granted for a Modification (PLN2004-85) to a previously
approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing 2,650
square foot liquor store by 2,226 for a total of 4,876 square feet with a general off-sale liquor
license, incidental retail grocery sales and delicatessen within a commercial tenant space
located in a commercial shopping center at 1581 W. Campbell Avenue. Approval shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Site plan of the shopping center indicating the proposed liquor store location
B. Building floor plan indicating location of the proposed liquor store tenant space
Planning Commission Resolution No. 3583
PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors
Page 3
C. Conceptual floor plan for the liquor store, including a delicatessen.
D. Applicants' letter of request dated August 4,2004
2. Hours of operation: 8:00 a.m. to 11 :00 p.m., Monday - Sunday (7 days a week).
3. Incidental Retail Grocery Sales: Incidental retail grocery sales are limited to non-perishable
food and grocery items.
4. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
5. Alcohol Beverage Control: The applicant shall obtain all licenses and approvals as required
by the State Department of Alcohol and Beverage Control, prior to the sale of alcoholic
beverages in conjunction with this Use Permit.
6. Business Operation. The applicant shall operate and maintain this use in a manner, which is
not objectionable, offensive or incompatible with surrounding uses. Operation of this use in
violation of the Use Permit or City of Campbell or State of California standards, codes and
ordinances shall be grounds for revocation of the Use Permit.
7. Signs: Any proposed signs on site shall require approval of Sign Permit. A Sign Permit may
be granted upon complete submission of a Sign application and approval by the Community
Development Department, in accordance with the City's Sign Ordinance. No sign shall be
permitted until the application is approved and a permit is issued.
Building Division
8. Permits Required: A building permit application shall be required for the proposed
modifications to the ( e) commercial structure to allow for creation of the new delicatessen
use. The building permit shall include ElectricaVPlumbing/Mechanical fees when such work
is part of the permit.
9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
II. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
Planning Commission Resolution No. 3583
PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors
Page 4
12. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
13. TITLE 24 Energv Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
14. Special Inspections: When a special inspection is required by UB.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Non- Point Source Measures: The City of Campbell, standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16. TITLE 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
17. TITLE 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
18. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
Planning Commission Resolution No. 3583
PLN2004-85- 1581 W. Campbell Avenue - Modification to Use Permit - Freddies Liquors
Page 5
PASSED AND ADOPTED this 14th day of September, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hernandez and Roseberry
Alderete and Rocha
None
None
APPROVED:
G
ATTEST: d~ ~
/' Sharon Fierro, Secretary
~e&