PC Res 3113RESOLUTION NO. 3113
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION TO A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO ALLOW
FOR 24-HOUR OPERATION AND THE ELIMINATION OF ON-SITE
SALES OF PACKAGED ALCOHOLIC BEVERAGES ON PROPERTY
LOCATED AT 1660 WINCHESTER BOULEVARD IN A C-1-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION
OF WALGREEN CO.. FILE NO. M 97-13.
After notification and public heating, 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 M 97-13.
1. The proposed use is consistent with the General Plan and Zoning which indicate a commercial land
use for this property.
2. The existing parking, circulation, and structures will not be modified and will result in a project
which integrates the proposed uses on the site.
3. The elimination of the sale of alcoholic beverages at any time by the drugstore indicates the
applicants' intent to prevent any incompatibility with the neighborhood.
4. The conditions of the use permit prohibit nighttime deliveries, and will allow the City to close the
drive-up pharmacy window, should noise problems develop.
5. The proposed use, with 24 hour operation and no sale of alcoholic beverages, is compatible with
uses on site and with adjacent land uses.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
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.
2. The proposed site is adequate in size and shape to accommodate the proposed use.
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The establishment, with the elimination of the sale of alcoholic beverages, and the provision of a 24
hour prescription pharmacy, will not create a nuisance due to noise, litter, vandalism, traffic or
other factors.
4. The establishment of a 24 hour operation, will not significantly increase the demand on city
services.
Planning Commission Resolution No. 3113
M 97-13 - 1660 Winchester Boulevard - Walgreen Co.
Page 2
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is in accordance with the ordinance of the City of Campbell and the State of
California. 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.
APPROVED PROJECT
1. Use Permit. The applicant and proposed uses shall substantially comply with the Planning
Commission approval. Said approval is subject to the description of uses as indicated in the letter
submitted by W. L. Earnest, Vice President, Walgreen Company dated July 15, 1997, which
indicates 24 hour operation and elimination of alcoholic beverage sales.
Plan of Operation. The operational plan shall be as indicated in the attachment to the above letter,
with 1 pharmacist, 1 assistant manager, and 2 clerks, in the nighttime hours between 11:00 p.m.
and 6:00 a.m.
3. No Nighttime Deliveries There will be no nighttime truck deliveries between 11 p.m. and 6 a.m.
Noise. Should the Community Development Director determine that the drive-up window results
in a noise problem for adjacent residents, a request shall be made to the manager of the store to
take action to eliminate the problem. If the problem cannot be resolved within one month, the
Director shall notify the local store in writing, and Walgreens will close the drive-up window
between 11 p.m. and 6 a.m. The Director's decision is appealable to the Planning Commission at a
public heating for which all surrounding property owners and residents will be notified.
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Streetscape. The applicant shall plant four additional 24" box street trees along Hamilton Avenue
in a configuration which will resemble the adopted streetscape standards, while respecting the
existing landscape plan. The trees will be planted prior to the commencement of the 24 hour
service, or a landscape security bond posted.
PASSED AND ADOPTED this 12th day of August, 1997, by the following roll call vote:
AYES: Commissioners: Alne, Gibbons, Lindstrom, Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: ........... j:~-~-K~Lowe
ABSTAIN: Commissioners(' None
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