Loading...
PC Res 4477RESOLUTION NO. 4477 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW ESTABLISHMENT OF A PHARMACY/DRUGSTORE WITH LATE -NIGHT HOURS, OFF - SITE ALCOHOLIC BEVERAGE SALES, AND ANCILLARY MEDICAL SERVICE, ON PROPERTY LOCATED AT 148 N SAN TOMAS AQUINO ROAD. FILE NO.: PLN2018-382 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 number PLN2018-382: 1. The project site is a tenant space located within the San Tomas Plaza Shopping Center. 2. The project site is located at the northeast corner of North San Tomas Aquino Road and West Campbell Avenue. 3. The project site is within the C-1 (Neighborhood Commercial) Zoning District and within the Neighborhood Commercial General Plan Land Use District as depicted on the City of Campbell Zoning and General Plan Maps, respectively. 4. The proposed project is an application for a Conditional Use Permit to allow .establishment of a pharmacy/drugstore with late -night hours, off -site alcoholic beverage sales, and ancillary medical services 5. The proposed project includes a principally permitted land use —a "pharmacy/drugstore"—with three land use that are conditionally permitted in the C-1 Zoning District, including "late night activities," 'off -site alcohol sales," and "medical services, clinic". The proposed project, therefore, is allowable in the C-1 Zoning District upon approval of a Conditional Use Permit. 6. Conditions of approval would restrict and limit alcohol sales and medical services activity such that they shall remain ancillary to the primary pharmacy/drugstore use. 7. The proposed project is exempt from the limitations and requirements for "liquor stores" pursuant to CMC Section 21.36.110 due to the ancillary nature of the proposed alcohol sales in association with the pharmacy/drugstore. 8. The proposed project, as conditioned, would be consistent with the following General Plan policies and strategies: 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. Planning Commission Resolution No. 4477 Page 2 of 3 148 N San Tomas Aquino Rd. Conditional Use Permit (PLN2018-382) Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses 9. In review of the proposed project, the Planning Commission considered the. proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 10. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 11. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findinq (CIVIC Sec. 21.45.040): 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; r 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; and 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. Environmental Findings (CIVIC Sec. 21.38.050): 7. 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. 4477 Page 3 of 3 148 N San Tomas Aquino Rd. Conditional Use Permit (PLN2018-382) THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2018-382), to allow establishment of a pharmacy/drugstore with late -night hours, off -site alcoholic beverage sales, and ancillary medical services, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 22nd day of January, 2019, by the following roll call vote: AYES: Commissioners: Rich, Dodd, Hernandez, Krey, Ostrowski, Rivlin, Hines NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: APPROVED`—` J Ile Hernandez, Chao Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2018-382) 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 Conditional Use Permit (PLN2018-382) to allow establishment of a pharmacy/drugstore with late -night hours, off -site alcoholic beverage sales, and ancillary medical services on property located at 148 N San Tomas Aquino Road. The project shall substantially conform to the Project Plans and Written Description, dated as received by the Community Development Department on November 21, 2018, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Conditional Use Permit ("Approval") shall be valid for one (1) year from the effective date of Planning Commission action (expiring February 1, 2020). Within this one-year period the transfer of the Type 21 (Off -Sale General — Package Store) Alcoholic Beverage Control (ABC) License shall be completed. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property subject to continued operation of the pharmacy/drugstore and maintenance of a valid ABC liquor license. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the approval. 3. Transfer of Approval: By exercise of this Approval, the property owner acknowledges that the existing pharmacy/drugstore located at 100 N San Tomas Aquino Road may not be licensed by the Department of Alcoholic Beverage Control for the sale of alcoholic products without approval of a new Conditional Use Permit. 4. Signage: No signage is approved as part of this approval. New signage shall not be installed prior to approval of a sign permit. All signage shall be installed and maintained consistent with the provisions of the San Tomas Plaza Master Sign Program. 5. Operational Standards: The operation of the pharmacy/drugstore 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. Exhibit A - Conditions of Approval — 148 N San Tomas Aquino PLN2018-382 — Conditional Use Permit Page 2 a. Approved Use: The approved use is a "pharmacy/drugstore" with "late night activities," ancillary "off -site alcoholic beverage sales" and an incidental "medical services, clinic," as defined by the Campbell Municipal Code. Activity inconsistent with these definitions, including, but not limited to, primary use as a "liquor store," is prohibited. b. Operational/Business Hours: The approved operational/business hours shall be limited to 6:00 AM to 12:00 AM, daily, inclusive of delivery, stocking, and janitorial activity. Prior to and after these hours, the pharmacy/drugstore shall not be occupied by customers or employees, except in the case of an emergency. C. Alcohol Sales: The sale of alcoholic products within the pharmacy/drugstore shall be subject to the following restrictions: (1) The applicant shall obtain a Type 21 (Off -Sale General — Package Store) license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. (2) The Community Development Director may require specific signage or locked cabinet shelving, or similar measures, to prevent the unauthorized selling or theft of alcohol. (3) The sale of alcoholic products shall be limited to 10% of the gross floor area of the pharmacy/drugstore. (4) The sale of single serving alcohol containers shall be prohibited. Multi - packaged alcohol cannot be broken up, separated or sold separately from the original packaging. This shall include single bottles or cans of beer, regardless of volume, single serving containers of wine coolers or other similar alcohol products. This prohibition shall not include standard wine bottles with a volume equal or greater to 750 mi. d. Medical Clinic Services: Medical clinic services shall be limited to two (2) private exam rooms and a waiting room not to exceed 500 square feet in area. Services shall be provided only by nurse practitioners and limited to the diagnosis and treatment of common family illnesses, vaccination services, wellness check-ups, sports and camp physicals, and treatment of minor injuries not resulting in suturing, surgical procedures, invasive procedures, or radiation (x-rays). Medical services requiring care by a medical doctor shall not be provided at this center. , e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CIVIC Sec. 6.11.060. It is the store operator's responsibility to enforce the "no smoking" requirements along the exterior of the store. 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. Exhibit A - Conditions of Approval — 148 N San Tomas Aquino Page 3 PLN2018-382 — Conditional Use Permit g. Outdoor Display: Products displays at the front entry of the pharmacy/drugstore shall be maintained in good order and shall not impede accessible path -of -travel into or out of the pharmacy/drugstore 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 (or a successor Temporary Use Permit Ordinance). h. Noise: Unreasonable levels of noises, sounds and/or voices, including but not limited to amplified sounds from radio and loud speakers, shall not be audible to a person of normal hearing acuity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation pursuant to Condition of Approval No. 6 (Revocation of Permit). 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. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 6:00 AM and 10:00 PM daily. Refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. k. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within -the parking lot. Powered Equipment: The use of 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. m. 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. n. Storefront Clearance: At no time shall an obscure wall or barrier be installed along, behind or attached to storefront windows or doorways that blocks visual access or blocks natural light. o. 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. 6. Revocation of Permit: Operation of the pharmacy/drugstore pursuant to this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Exhibit A - Conditions of Approval — 148 N San Tomas Aquino PLN2018-382 — Conditional Use Permit Page 4 Code authorizing the appropriate decision making body to modify or revoke a land use permit if it is determined that the sale of alcohol and/or hours of operation, has become a nuisance to the City's public health, safety or welfare or for violations of the land use permit or any standards, codes, or ordinances of the City of Campbell. The business owner shall be obligated to cover the actual cost of all staff time associated with revocation proceedings. This obligation may be enforced by the City as permitted by law. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval, noise, and/or the sale of alcohol within a one (1) year period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. The Community Development Director may commence proceedings for the revocation of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time, restrict the establishment's hours of operation. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval.