PC Res 2807RESOLUTION NO. 2807
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
MODIFICATION TO A PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT ALLOWING THE
MODIFICATION TO THE FENCING PLAN AND DELETION
OF A SECONDARY ACCESS, ON PROPERTY LOCATED AT
1400 WEST CAMPBELL AVENUE, IN A C-1-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT;
APPLICATION OF MR. AL COTt~, FILE NO. UP 92-08.
After notification as specified by law on the application of Mr. A1 Cot~ for
approval of a Modification to a Conditional Use Permit modifying the
approved fencing plan, and deleting a Condition of Approval requiring a
secondary access along San Tomas Aquino Road, on property located at 1400
West Campbell Avenue, in a C-1-S (Neighborhood Commercial) Zoning
District, as per the application filed in the Planning Department on June 29,
1992, and, after presentation by the Planning Director, proponents and
opponents, the hearing was closed.
The Planning Commission finds as follows with regard to Application
number M 92-05 (UP 92-08) for a modification to the previously approved
Conditional Use Permit:
The provision of 2 two-way driveways to the project site adequately
addresses the circulation needs of the proposed use.
Deletion of the additional access to San Tomas Aquino Road does not
adversely effect on-site circulation.
Based on the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The establishment, maintenance, or operation of the use applied for
will not be detrimental to the public health, safety, peace, morals,
comfort or general welfare of persons residing or working 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.
Resolution No. 2807 adopted July 14, 1992
by the Planning Commission - page 2
o
The proposed site is adequate in size and shape to accommodate the
yards, wall, fences, parking and loading facilities, landscaping and other
development features required in order to integrate said use with uses
in the surrounding area.
o
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate.
4. The proposed use is compatible with the uses in the area.
Based upon the above findings, the Planning Commission does hereby grant
the requested proposal, subject to the following Conditions of Approval:
SITE AND BUILDING DESIGN
1. Use Permit: The use allowed is for 3,600 square foot liquor store/deli.
(Planning)
Type of License: General liquor sales.
Permitted: Off-sale liquor sales.
Prohibited: On-site consumption.
Hours of Operation:
Sun. - Thurs.
Fri. - Sat.
9:00 a.m. - 10:00 p.m.
9:00 a.m. - 11:00 p.m.
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Approved Project: This approval is for a liquor store/deli located on a
.61 acre site identified as Assessor's Parcel Number 404-01-003.
Development shall be substantially as shown on the project materials
listed below, except as may be modified by conditions contained herein:
(Planning)
a. Project drawings for Mr. A1 Cot6 prepared by Richard Haro
consisting of 3 sheets, dated April 7, 1992.
LANDSCAPING
4. Landscaping: Landscaping plan indicating type and size of plant
material, and located irrigation system to be submitted to the Planning
Department and approved by the Planning Director prior to issuance of
building permits. (Planning)
Resolution No. 2807 adopted July 14, 1992
by the Planning Commission - pase 3
o
Performance Bond: Applicant to either (1) post a faithful performance
bond in the amount of $4000 to ensure landscaping, fencing, and
striping of parking areas within 3 months of occupancy; or (2) file a
written agreement to complete landscaping, fencing and striping of
parking areas. Bond or agreement to be filed prior to application for a
building permit. (Planning)
STREET/SITE IMPROVEMENTS
6. Parking and Driveways: All parking and driveway areas to be
developed in compliance with Chapter 21.50 of the Campbell
Municipal Code. All parking spaces to be provided with appropriate
concrete curbs or bumper guards. (Planning)
o
Fences and Walls: Fencing plan indicating location and design details
of precast wall to be submitted to the Planning Department and
approved by the Planning Director prior to issuance of a building
permit. Fencing plan to include closure of driveway at southwest
corner of project and provision of a buffer to adjacent residential uses.
(Planning)
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Signs: Sign application to be submitted in accordance with provisions
of the Sign Ordinance for all signs. No sign to be installed until
application is approved and permit issued by Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code).
(Planning)
PROPERTY MANAGEMENT/UTILITIES
9. Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, until the time that actual
construction commences. All existing structures shall be secured by
having windows boarded up and doors sealed shut, or be demolished
or removed from the property (Section 11.201 & 11.414, 1985 Ed.
Uniform Fire Code). (Fire)
10.
Garbage Collection: Ordinance No. 782 of the Campbell Municipal
Code stipulates that any contract for the collection and disposal of
refuse, garbage, wet garbage and rubbish produced within the limits of
the City of Campbell shall be made with Green Valley Disposal
Company. This requirement applies to all single-family dwellings,
multiple family dwellings, and all commercial, business, industrial,
manufacturing, and construction establishments. (Fire)
Resolution No. 2807 adopted July 14, 1992
by the Planning Commission - pa(~e 4
11.
Trash Enclosures: Trash container(s) of a size and quality necessary to
serve the development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist of a
concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers. (Fire)
PUBLIC SAFETY/WELFARE
12. Handicapped Requirements: Applicant shall comply with all
appropriate State and City requirements for the handicapped.
(Building)
13.
Underground Utilities: Underground utilities to be provided as
required by Section 20.36.150 of the Campbell Municipal Code, if new
service is provided. (Planning)
14.
Utility Boxes and Back-Flow Preventers: Applicant to submit a plan to
the Planning Department, prior to installation of PG&E utility
(transformer) boxes and S.J. Water back-flow preventers, indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director. (Planning)
15.
Equipment Screening: All mechanical equipment on roofs and all
utility meters to be screened for approval by the Planning Director.
(Planning)
16.
Utility Connections: Plans submitted to the Building Division for plan
check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc. (Building)
17.
18.
Centerline: Show distance to the centerline of Kim Louise Drive and
West Campbell Avenue. (Public Works)
19.
Driveway Modification: Prepare plan, pay fees, post deposits and surety
as required in order to obtain encroachment permit for work within
the public right-of-way. (Public Works)