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PC Res 4570RESOLUTION NO. 4570 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT AND PARKING MODIFICATION PERMIT (PLN-2020-45) TO ALLOW ESTABLISHMENT OF AN 18,103 SQUARE FOOT GROCERY STORE (GROCERY OUTLET) WITH LATE -NIGHT HOURS AND OFF -SITE GENERAL ALCOHOL SALES WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 100 N. SAN TOMAS AQUINO ROAD. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN-2020-45: 1. The project site is zoned C-1 (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan. 2. The project site is located within San Tomas Plaza, a 122,000 square foot shopping center comprised of three buildings located at the northeast corner of N. San Tomas Aquino Road and W. Campbell Avenue. 3. The subject tenant space would be created within an 18,103 square foot portion of an existing 25,289 square foot tenant space formerly occupied by a drugstore that recently relocated to a different tenant space within San Tomas Plaza. 4. The proposed project is an application to allow the establishment of a grocery store over 10,000 square feet with late -night activities and off -site general alcohol sales which is allowed in the C-1 Zoning District with the approval of a Conditional Use Permit. 5. Based on the trip generation for the shopping center, establishment of a new grocery store creates less than significant VMT impacts under CEQA and generates a negligible number of added trips. 6. The subject tenant space includes an existing delivery area at the rear of the building adjacent to residential properties. 7. The operational/staff hours for activities within the building and at the front of the building would be 24 hours a day. 8. As conditioned, deliveries to and use of the rear alley and rear building entries would be limited to 7:00 AM — 7:00 PM daily. 9. The business/public hours would be limited to 6:00 AM — 11:00 PM daily. 10.As conditioned, alcohol sales would be ancillary to the primary use as a grocery store. Planning Commission Resolution No. 4570 100 N. San Tomas Aquino Road — Conditional Use Permit (PLN-2020-45) Page 2 of 3 11. The proposed project is exempt from the limitations and requirements for "liquor stores" pursuant to CIVIC Section 21.36.110 due to the ancillary nature of the alcohol sales in association with the grocery store. 12. Pursuant to CIVIC Section 21.28.040(A) the previous drugstore use and proposed grocery store both require one parking space per 200 square feet of floor area. However two parking spaces would be replaced with shopping cart storage areas and the shopping center is underparked. 13. Based on the varied uses with different peak hours and the existing 519 parking spaces in the shopping center, eliminating two parking spaces to create designated areas for shopping carts is not anticipated to result in a parking issue. 14.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. 15.In review of 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. 16. 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: 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. As conditioned, 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. As conditioned, 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 Planning Commission Resolution No. 4570 100 N. San Tomas Aquino Road — Conditional Use Permit (PLN-2020-45) Page 3 of 3 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 and/or a parking demand study prepared by a qualified transportation engineer 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,- and 9. Approval of the parking modification permit will further the purpose of this chapter. 10. The project is Categorically Exempt under Section 15060(c)(2) of the California Environmental Quality Act (CEQA) pertaining to activities that will not result in a direct or foreseeable indirect physical change to the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit and Parking Modification Permit (PLN-2020-45) to allow establishment of an 18,103 square foot grocery store (Grocery Outlet) with late -night hours and off -site general alcohol sales within an existing commercial building located at 100 N. San Tomas Aquino Road, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 11t" day of August, 2020, by the following roll call vote AYES: Commissioners: Buchbinder, Ching, Colvill, Hines, Krey, Ostrowski, and Rivlin NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: APPROVED: Michael Krey, Chair ATTEST-. qA L Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2020-45) 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 PLANNING DIVISION 1. Approved Project: Approval is granted for a Conditional Use Permit and Parking Modification Permit (PLN-2020-45) to allow establishment of an 18,103 square foot grocery store with late -night hours and off -site general alcohol sales within an existing commercial building on property located at 100 N. San Tomas Aquino Road. The project shall substantially conform to the Project Plans and Written Statements stamped as received by the Planning Division on July 1, 2020, 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 August 21, 2021). Within this one-year period a Type 21 (Off -Sale General) alcohol license from the Department of Alcoholic Beverage Control (ABC) must be secured. Failure to meet this deadline, failure to obtain a building permit, 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 grocery store 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. 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 a Modification to the Conditional Use Permit. a. Approved Use: The approved use is a grocery store with late night activities and ancillary off -site general alcohol sales, as defined by the Campbell Municipal Code (CMC). Activity inconsistent with the CMC, including, but not limited to, primary use as a "liquor store," is prohibited. b. Business Hours: The 'Business Hours,' during which the grocery store is open to the general public, shall be limited to 6:00 AM to 11:00 PM, daily. c. Operational Hours. The 'Operational Hours,' during which the grocery store is occupied by store employees, shall be permitted 24-hours a day. Activity Exhibit A - Conditions of Approval — 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 2 occurring outside of the 'Business Hours' shall be non -disruptive in nature, such as stocking or janitorial activity. d. Delivery Hours: Deliveries to the rear (alley) delivery area shall be limited to the hours of 7:00 AM to 7:00 PM, daily. Deliveries to the front entrance of the store are permitted 24-hours a day. e. Alley Usage: Employee usage of the rear alleyway (including dumping of trash/recycling) shall be limited to 7:00 AM to 7:00 PM, consistent with the 'Delivery Hours'. Doors opening to the alley shall remain closed except between 7:00 AM to 7:00 PM. A notice on the inside doors to the alley shall be posted to inform and remind employees of this requirement. f. Alcohol Sales: The sale of beer and wine products within the grocery store shall be subject to the following restrictions: (1) The applicant shall obtain a Type 21 (Off -Sale General) license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. (2) The applicant shall, at all times, maintain in good standing the Type 21 License from the State Department of Alcoholic Beverage Control for the sale of alcoholic products. (3) The sale of alcohol products shall remain ancillary to the primary purpose of the grocery store which is the sale of food items and household supplies. (4) The sale of alcoholic products shall be limited to 10% of the gross floor area of the grocery store gross floor area. (5) The Community Development Director may require specific signage or locked cabinet shelving, or similar measures, to prevent the unauthorized selling of alcohol. g. Noise: During the Business Hours and Delivery 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 and Delivery Hours, noise shall not be audible to neighboring residents. In the event the city receives three verifiable complaints 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, Operational Hours, and/or Delivery Hours. h. Outdoor Display: Product displays at the front entry of the grocery store shall be maintained in good order and shall not impede the accessible path -of -travel into or out of the grocery store, or through the arcade. 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. Exhibit A - Conditions of Approval — 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 3 i. Refuse Management: (1) Refuse and recycling containers shall be kept in the enclosures at all times except when being emptied by collection personnel. (2) If necessary to maintain the refuse areas, as based on verified complaints, the Community Development Director may require expansion of the refuse areas and/or more frequent collection. (3) If necessary to secure the refuse areas, as based on verified complaints, the Community Development Director may require use of locking refuse and recycling bins. j. Shopping Cart Retention: If necessary to secure shopping carts from theft and abandonment, as based on verified complaints, the Community Development Director reserves the right to require installation of wheel -locking devices that preclude removal of the shopping carts from the property. k. Security Cameras: The property shall be required to maintain a minimum of 16 security cameras in working condition as indicated in the submitted Written Statement. The security cameras shall be high -definition and wide angle. The recordings of these cameras shall be stored for no less than thirty (30) days and made available to assist the Police Department upon request. I. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CIVIC 6.11.060. m. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. n. Business License: The business shall be required to obtain and maintain a City business license at all times. o. 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. 4. On -Site Lighting: On -site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the Campbell Lighting Design Standards (CIVIC Sec. 21.18.090) as demonstrated by a photometric plan to be included within the construction plans submitted for a building permit. 5. Storefront Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light without first obtaining written approval by the Community Development Director. 6. 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. Exhibit A - Conditions of Approval — 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 4 7. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CIVIC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 8. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 9. Location of Mechanical Equipment: No roof -mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 10.Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 11. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. 12. Revocation of Permit: Operation of the grocery store pursuant to this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal 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; Exhibit A - Conditions of Approval — 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 5 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. BUILDING DIVISION 13. Expect this application to require approval from the following: [x] Campbell Planning Department [x] Campbell Public Works Department [ ] Campbell Civil Engineering Department [x] Campbell Building Department [x] West Valley Sanitation District [ ] San Jose Water District (279-7900) [ ] Outside structural and energy plan check [ ] Outside structural and energy and complete code plan check [x] Santa Clara County Fire Department [ ] HAZMAT [x] Santa Clara County Department of Environmental Health [ ]........................................... 14.This Development Review Committee (DRC) preliminary review is from Campbell's Building Department. The intent is to identify major elements of concern or omissions and to identify an expected process for project approval and permit issue. It is not a substitute for plan check and may not identify elements that may be observed during plan check. Time needed for a plan review cannot be accurately estimated at this time. The type of project, the quantity of plan review departments and the quality of the project documents will all contribute to time needed for review and eventual approval. 15.All permit applications are now submitted online. From website www.ci.campbell.ca.us get to --> Community Development --- Building Inspection Division and begin the online application. You may choose from about 80 different type permits that are grouped into 10 Application Categories. Read the Application Guide as it will list the required documents as well as the required naming of files and provide links to design elements. Upload your drawings and any calculations or documents that are listed on the guide and be sure to including a completed Acknowledgement Statement. When the application is received, staff will review it. If some of the documents are missing or not named correctly, staff will return it for adjustment. After acceptance, staff will assess plan check fees that may be paid online and then proceed with the routing process (Fire, Planning, PW, etc.). 16.This application will require these documents (available at www.ci.campbell.ca.us) Exhibit A - Conditions of Approval — 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 6 [ ] Demolition permit [x] Acknowledgement Statement (all online submittals) [x] Online re -submittal and upload of pdf drawings and documents [ ] Owner Builder Acceptance of Liability for concurrent Planning and Building review [x] West Valley Sanitation District approval letter [x] Special Inspection checklist (signed by owner, eng'r, and plans examiner) (Submitted but not signed, may not even be required by the AofR or EofR) [ ] Structural Calculations and Design [ ] Truss Design and Calculations [ ] Soil Evaluation Report [ ] Construction Tax Exemption [ ] Request for classification of new vs. remodel vs. new using portions of existing [x] Title-24 Energy Report [x] Clean Bay — Santa Clara Valley Non -point Pollution Control specification sheet [ ] California Accessibility Hardship Exemption [ ] Receipt of Park Fees paid to Campbell Public Works Department [x] Receipt of school district payment for developer fees Campbell Union School District (378-3405) Campbell Union High School District (371-0960) Campbell Union High School District (371-0960) Moreland School District (874-2900) Cambrian School District (377-2103) 17. Any commercial project will require the plans to be developed by an architect. 18. Commercial projects are subject to $0.198 per sq. ft. developer fees. Contact the Building Division (408) 866-2130 to obtain fee payment forms and pay fees directly to the applicable school district(s). 19. Include the standard, Santa Clara Valley Non -point Source Pollution Control Program specification sheet in your plan submittal package. The specification sheet (size 24" X 36") is available at: http://ca-campbell.civicplus.com/DocumentCenterNiew/l12 20.The master sets of drawings for this project were received by the building department in early May. They have been reviewed against the original comments by Bill Bruckart sent out in March. Items remaining: West Valley Sanitation District clearance letter, a completed special inspection direction letter from either the architect or engineer of record. PUBLIC WORKS DEPARTMENT 21. Trash Capture: This property is identified on the City of Campbell — Full Trash Capture and Trash Management Area Map as being in the High category. Applicant to install trash capture inserts (KriStar FloGard or approved equal) in all on -site storm drain catchbasins. Exhibit A - Conditions of Approval — 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 7 FIRE DEPARTMENT 22. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 23. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a) Buildings and structures that do not exceed 1,000 SF of building area. b) Group S-2 or U occupancies used exclusively for vehicle parking and meeting all of the following conditions: i) Noncombustible construction ii) Maximum building area not to exceed 5,000 SF. lii) Structure is open on three or more sides. Iv) Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by CBLMC. (See sheet G1.0 BLD-2020-124) 24. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 378-4010 for more information. (See sheet G1.0 BLD-2020-124) 25. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water - based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. Exhibit A - Conditions of Approval - 100 N. San Tomas Aquino Road File No. PLN-2020-45 Page 8 26.Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 27. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 28. Buildings and Facilities Access: Fire department access to the site, the building, and to all fire protection systems shall be maintained at all times, in accordance with CFC Chapter 5. 29. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]