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.