PC Res 3274RESOLUTION NO. 3274
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2000-35) TO ALLOW THE ESTABLISHMENT OF A LIQUOR
STORE WITH INCIDENTIAL GROCERY SALES WITHIN A SHOPPING
CENTER LOCATED ON PROPERTY AT 1581 W. CAMPBELL
AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF BHOPINDER & NARINDER SANDHU.
FILE NO. PLN2000-35.
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 PLN2000-35:
The proposed liquor establishment with a general off-sale liquor license and incidental retail
grocery sales is consistent with the commercial land use designation of the General Plan and
the C- 1-S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
The proposed liquor establishment is a commercial use to be located in a commercial tenant
space within a commercial shopping center and is compatible with the surrounding
commercial businesses within the shopping center and the surrounding uses within the
neighborhood.
3. The proposed liquor establishment, with a general off-sale liquor license, will not result in an
over-concentration of such uses in the area.
4. The proposed liquor establishment, with a general off-sale liquor license, will not create a
nuisance due to noise, litter, vandalism, traffic or other factors.
5. The proposed liquor establishment, with a general off-sale liquor license, will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
6. The proposed liquor establishment, with a general off-sale liquor license, will not
significantly increase the demand on city services.
Planning Commission Resolution No. 3274
PLN2000-35 (UP)- 1581 W. Campbell Avenue- Freddie's Liquors
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment and operation of a liquor store with a general off-sale liquor license and
incidental retail grocery sales 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 use within the
surrounding 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.
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 (PLN2000-35) to allow the
establishment of a 2,650 square foot liquor store with a general off-sale liquor license and
incidental retail grocery sales within a commercial tenant space located in a commercial
shopping center at 1581 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 shopping center indicating the proposed liquor store location
B. Building floor plan indicating location of the proposed liquor store tenant space
C. Conceptual floor plan for the liquor store
D. Applicants' letter of request dated March 6, 2000
Hours of operation: 6:00 a.m. to 11:00 p.m., Monday - Sunday (7 days a week).
Incidental Retail Grocery Sales: Incidental retail grocery sales are limited to non-perishable
food and grocery items. No perishable foods such as fruits or vegetables are permitted to be
sold on the premises.
Planning Commission Resolution No. 3274
PLN2000-35 (UP) - 1581 W. Campbell Avenue - Freddie's Liquors
Page 3
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Building Division Requirements:
A. Permits Required: A building permit application shall be required for the proposed tenant
improvement of the structure. The building permit shall include
electrical/plumbing/mechanical fees when such work is part of the permit.
B. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit. Plans shall be prepared under the
direction of a licensed architect or engineer.
C. Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24 inches X 36 inches.
D. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and
MF-1R shall be blue-lined on the construction plans.
E. Title 24 Accessibility--Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell 20% exemption form on
submitted construction plans. Form is available at Building Division service counter.
Approvals Required: The project requires Santa Clara County Fire Department approval
prior to issuance of building permits.
Fo
Go
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing 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.
Alcohol Beverage Control: The applicant shall obtain all licenses and approvals as required
by the State Department of Alcohol and Beverage Control, prior to the sale of alcoholic
beverages in conjunction with this Use Permit.
Business Operation. The applicant shall operate and maintain this use in a manner which is
not objectionable, offensive or incompatible with surrounding uses. Operation of this use in
violation of the Use Permit or City of Campbell or State of California standards, codes and
ordinances shall be grounds for revocation of the Use Permit.
Signs: Any signs to be proposed to be erected on site shall require approval of Sign Permit.
A Sign Permit may be granted upon complete submission of a Sign application and approval
by the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit is issued.
Planning Commission Resolution No. 3274
PLN2000-35 (UP)- 1581 W. Campbell Avenue- Freddie's Liquors
Page 4
PASSED AND ADOPTED this 25th day of April, 2000, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Lowe
None
None
None
A PPR 0 VED~t~bb~o n s, C~h~a ir~
ATTEST'
Sharon Fierro, Secretary