PC Res 3256RESOLUTION NO. 3256
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN99-15) TO ALLOW THE ESTABLISHMENT OF A
GROCERY STORE (SMART & FINAL) WITH A GENERAL ON-
SALE LIQUOR LICENSE IN AN EXISTING RETAIL SPACE
(PREVIOUSLY KIRKWOOD HARDWARE) ON PROPERTY
LOCATED AT 1600 W. CAMPBELL AVENUE IN A C-l-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
APPLICATION OF MR R.L. BEAUMONT. FILE NO. PLN99-15
(UP):
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 PLN99-15 (UP):
The proposed grocery store with a general on sale liquor license is consistent with the
commercial land use designation of the General Plan and the C-2-S (General Commercial)
zoning designation for the site with approval of a Use Permit.
2. The existing retail space is located within a commercial shopping center and is compatible
with the surrounding development and uses.
3. The existing retail space is located approximately 50 feet from the nearest residential use and
is compatible with the adjacent land uses and the surrounding neighborhood.
4. The proposed grocery stores hours of 8 a.m. to 7 p.m. are typical of commercial uses in the
vicinity.
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The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional square footage will be added to the
retail space in conjunction this occupancy.
6. The proposed grocery store is reducing the retail square footage of the existing building by
approximately 490 square feet.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3256
PLN99-15 - 1600 W. Campbell Avenue - Use Permit for Smart & Final
Page 2
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the 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 uses and the
surrounding uses in the 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.
5. The establishment of a grocery store with a general on sale liquor license does not result in
an over concentration of such uses in this area;
6. The establishment of a grocery store as requested will not create a nuisance due to noise,
litter, vandalism, traffic or other factors;
7. The establishment will not significantly disturb the peace and enjoyment of nearby
residential neighborhood; and
8. The establishment will not significantly increase the demand on city services.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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 Use Permit (UP 94-09) to allow the
establishment of a grocery store with a general on sale liquor license in an existing retail
building on property located at 1600 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 proposed grocery store November 15, 1999
B. Floor plan of the proposed grocery store dated November 17, 1999
C. Elevations of the conceptual store front improvements dated December 12, 1999
D. Applicant's letter of request undated
Planning Commission Resolution No. 3256
PLN99-15 - 1600 W. Campbell Avenue - Use Permit for Smart & Final
Page 3
Hours of operation: Shall be limited to 6:00 a.m. to 11:00 p.m., Monday - Sunday (7 days a
week) unless a conditional use permit is obtain for late night operational hours beyond those
hours.
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Delivery hours at the rear of the building shall be limited to 8 a.m. to 6 p.m. Monday through
Saturday and 9 a.m. to 6.p.m. on Sundays and appropriate signage shall be installed notifying
service vehicles of the restricted delivery hours.
Revised Elevations: Prior to the issuance of building permits, the applicant shall submit
revised elevations for the Community Development Director's approval upon
recommendation of the City's Architectural Advisor, illustrating the extension of the canopy/
arcade along the Campbell Ave. frontage carrying such treatment to the property line.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on the building without providing
architectural 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.
Signing: No signing is permit as a part of this approval. Any new signage shall require
approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. No
new signing shall be installed until a sign permit has been approved and granted.
Utilities: All new on-site utilities shall be installed underground per section 20.36.150 of the
Campbell Municipal Code for any remodeled buildings. Applicant shall comply with all plan
submittals, permitting and fee requirements of the serving utility company.
Garbage Collection: Trash containers of a size and quantity necessary to serve the proposed
use shall be located in areas approved by the Fire Department and the Community
Development Director. All trash enclosure areas are to be constructed at grade level and have
a level area adjacent to the trash enclosure area to service these containers.
Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated from the
grocery store, may limit the operational hours of the use and/or may require a Noise
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Management Plan shall require implementation of the mitigation measures as determined in
the acoustical study to mitigate noise associated with the mechanical refrigeration systems
and or trash removal systems.
Planning Commission Resolution No. 3256
PLN99-15 - 1600 W. Campbell Avenue - Use Permit for Smart & Final
Page 4
10. Liquor License: The applicant shall process necessary licensing though the State of
California, Department of Alcohol & Beverage Control, prior to the establishment of the
proposed use.
FIRE DEPARTMENT
11. Building Department Permits: Review of this development proposal is limited to
acceptability 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 Department all applicable construction permits.
12. Compliance with 1997 Uniform Building Code: At time of building permit application, the
applicant shall show compliance with the 1997 Uniform Building Code relative to exiting
and any area/occupancy separation which may be appropriate for this proposal.
13. Modification to Existing Building Fire Sprinkler System: At time of building permit
application, the applicant shall indicate intention of modifying the existing building fire
sprinkler system to accommodate the new interior design of this proposal. A State of
California licensed fire protection contractor shall submit plans to this department for review
and approval prior to beginning their work. A separate permit is required for this work.
PASSED AND ADOPTED this 11th day of January, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Kearns, Lindstrom
None
Hernandez, Lowe
None
APPROVE~,-~G~r~, ~"~"~
ATTEST:
Sharon Fierro, Secretary