PC Res 3937RESOLUTION NO. 3937
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE
PERMIT (PLN2009-15) TO ALLOW 24-HOUR OPERATION OF AN
EXISTING CVS PHARMACY (LONGS DRUGS) ON PROPRETY
OWNED BY HAMILTON AVENUE INVESTORS, LLC, LOCATED AT
1720 S. BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR.
JARED TAYLOR, ON BEHALF OF CVS PHARMACY. FILE NO.:
PLN2009-15.
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 PLN2009-15.
At its regular meeting of April 24, 1990, the Planning Commission adopted Resolutions
2671 and 2674, approving a Site and Architectural Review Permit (S 90-01) and a
Modification to a previously approved Site and Architectural Review Permit (M 90-11),
allowing a major remodel and expansion of the Hamilton Plaza Shopping Center.
2. The subject drugstore business was first established in 1974, prior to the requirement
for a Conditional Use Permit for the off-sale of alcoholic products, and therefore is a
non-conforming use.
3. An extension of operational hours represents an intensification of a nonconforming use,
as specified in Chapter 21.58.040 (G) of the Campbell Municipal Code.
4. The Planning Commission has reviewed the Conditional Use Permit application
approved herein for the late night 24-hour operations with respect to the extension of
salable hours of alcoholic products.
5. The Conditional Use Permit approved herein for late night 24-hour operation brings into
conformance the subject drugstore with respect to the sale of alcoholic products.
6. The continued sale of alcoholic products shall be limited to 10% of the existing gross
floor area of the subject tenant space.
7. The approved late night operation and extension of salable hours of alcoholic products
is consistent with the General Plan land use designation of General Commercial and
the C-2 (General Commercial) Zoning District.
8. The project site consists of a 538,500 square foot lot, with the subject tenant space
occupying 26,200 square feet of building area.
Planning Commission Resolution No. 3937
PLN2009-15 - 1720 S. Bascom Avenue -Use Permit - 24-Hour Pharmacy
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9. The existing 696 shared parking spaces will adequately address the parking needs of
the subject site and proposed use.
10. The project site is located on the southeast corner South Bascom Avenue and
Hamilton Avenue and is adjacent to commercial uses to the north, south and west, and
multi-family residences to the east.
11. The proposed project is consistent with other developments and uses in the
surrounding area.
12. The Police Department is supportive of the application as conditioned.
13. Business hours shall be restricted to 24 hrs. Monday through Sunday.
14. The sale of alcoholic products shall be limited to the hours permitted by the State of
California.
15. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. 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.
3. The proposed use is compatible with the uses in the area.
4. The subject site is adequate in size and shape to accommodate the yards, walls,
fences, parking and loading facilities, landscaping and other development features
required in order to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development of
the immediate area.
7. 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
Planning Commission Resolution No. 3937
PLN2009-15 - 1720 S. Bascom Avenue -Use Permit - 24-Hour Pharmacy
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use, or be detrimental or injurious to property and improvements in the neighborhood or
to the general welfare of the City.
8. The extension of salable hours of alcoholic products does not constitute an over
concentration of such uses in the area.
9. The continued establishment of a general off-sale liquor license will not result in an over
concentration of such uses in the area.
10. The continued establishment of a general off-sale liquor license will not create a
nuisance due to litter, noise, traffic, vandalism, or other factors.
11. The continued establishment of a general off-sale liquor license will not significantly
disturb the peace and enjoyment of the nearby residential neighborhood.
12. The continued establishment of a general off-sale liquor license will not significantly
increase the demand on City services.
13. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
14. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use
Permit (PLN2009-15) to allow 24-hour operation of an existing CVS Pharmacy (Longs
Drugs) on property owned by Hamilton Avenue Investors, LLC, located at 1720 S. Bascom
Avenue in a C-2-S (General Commercial) Zoning District.
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.
Planning Commission Resolution No. 3937
PLN2009-15 - 1720 S. Bascom Avenue -Use Permit - 24-Hour Pharmacy
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
Acknowledged & Accepted:
CVS Pharmacy Date
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-12) to
allow late night operational hours (24 hours) for an existing drugstore on property
located at 1720 S. Bascom Avenue. The project shall substantially conform to the
written description dated as received by the Planning Division on January 23, 2009,
except as may be modified by the conditions of approval contained herein.
3. 24-hour Operation: The operational hours of the general-retail component and the
pharmacy component of the subject drugstore shall be 24-hours a day, Monday through
Sunday.
4. Selling of Alcohol: The selling of alcoholic products shall be subject to the following
restrictions:
a. The sale of alcoholic products shall be limited to the hours permitted by the State of
California.
b. The Community Development Director may require specific signage or locked
cabinet shelving, or similar measures, to prevent the unauthorized selling of
alcohol.
c. The sale of alcoholic products shall be limited to 10% of the gross floor area of the
existing tenant space. An expansion of the tenant space resulting in a net increase
in the floor area devoted to the selling of alcoholic products shall not be permitted
without a Modification to the Conditional Use Permit approved herein.
d. The applicant shall maintain in good standing the appropriate off-sale liquor license
from the State Department of Alcoholic Beverage Control for the sale of alcoholic
products.
e. No approval for an on-sale liquor license is granted.
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5. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall
be valid for one year from the date of final approval. Within this one-year period the
use must be established on the property and the conditions of approval satisfied.
Failure to meet this deadline will result in the Conditional Use Permit being void.
6. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
7. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property.
8. 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.
9. Delivery Hours: Deliveries shall be limited to 7 AM to 7 PM daily. In the event
complaints are received by the City regarding deliveries in violation of these hours, the
Community Development Director may immediately modify the hours of operation
and/or limit the extended hours of operation, subject to the project being brought back
to the Planning Commission for review.
10. Construction/Repair Activities: All interior or exterior construction and/or repair activates
shall be limited to 8 AM to 7 PM daily. In the event complaints are received by the City
regarding activity in violation of these hours, the Community Development Director may
immediately modify the hours of operation and/or limit the extended hours of operation,
subject to the project being brought back to the Planning Commission for review.
11. Alley Usage: Employee usage of the rear alleyway shall be limited to the delivery hours
of7AMto7PM.
12. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, music, and/or
public address system, generated by the subject use shall not be audible to a
person of normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
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PLN2009-15 - 1720 S. Bascom Avenue -Use Permit - 24-Hour Pharmacy
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c. 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 shall be done
between 6 a.m. and 11 p.m. daily.
13. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
14. On-Site Lighting: Any proposed 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 exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall be
of a decorative design to be compatible with the development and shall incorporate
energy saving features.
15. Signs: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit subject to the
approved Master Sign Program.
PASSED AND ADOPTED this 24th day of February, 2009, by the following roll call vote:
AYES: Commissioners: Alderete, Alster, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
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ATTEST: