PC Res 3975RESOLUTION NO. 3975
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING A CONDITIONAL USE PERMIT
(PLN2010-09) TO ALLOW OFF-SALE OF BEER AND WINE IN AN
EXISTING WALGREENS DRUGSTORE ON PROPERTY OWNED BY
CAMPBELL GATEWAY SQUARE LOCATED AT 1660 S.
WINCHESTER BOULEVARD. APPLICATION OF MR. DANIEL
KRAMER, ON BEHALF OF WALGREEN CO. FILE NO. PLN2010-09.
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 PLN2010-09.
The Planning Commission finds as follows with regard to file number PLN2010-09:
Environmental Finding
1. The project is Statutorily Exempt under Section 15270(a) of the California
Environmental Quality Act (CEQA), pertaining to projects which a public agency rejects
or disapproves.
Evidentiary Findings
2. The project site is designated General Commercial in the General Plan Land Use
Element.
3. The project site is designated C-2 (General Commercial) on the City Zoning Map.
4. The subject drugstore was established in 1992.
5. The subject drugstore is within the Gateway Square shopping center, located the
northwest corner of Winchester Boulevard and Hamilton Avenue.
6. A Conditional Use Permit (UP 92-14) was granted in 1992 to allow general off-sale of
alcohol products. In 1997, this Use Permit was modified (M 97-13) to allow 24-hour
operation of the drugstore and elimination of the sale of alcoholic products. The granting of
24-hour operation of the store was contingent on the elimination of alcohol sales.
7. The selling of alcoholic products may be permitted in the C-2 (General Commercial)
Zone District with a Conditional Use Permit as required by Section 21.36.110 of the
Municipal Code.
8. Pursuant to CMC § 21.46.010(C), a project requiring a Conditional Use Permit is
reviewed to determine whether there is a public need for and benefit derived from the
project against any impacts it may cause.
Planning Commission Resolution No. 3975 Page 2
PLN2010-09 - 1660 S. Winchester Boulevard -Denial of Use Permit
9. There are other off-site alcoholic sales establishments within 500 feet of the subject drugstore.
10. Testimony presented during the public hearing, later supported by numerous Police
Department calls-for-service reports, indicated that the off-site sale of alcohol products
increases demand for Police services by encouraging loitering, panhandling, and public
drinking.
11. The subject business is open 24 hours a day which changes the accessibility of alcohol
products in an area where there is a concentration of off-site alcohol sales
establishments and is contrary to the City approval granting a 24-hour operation.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
12. The proposed use is not compatible with the existing and future land uses on site and
in the vicinity of the subject property in that it would be within proximity of residences,
other off-site alcoholic sales establishments, and certain sensitive receptors.
13. The establishment, maintenance, or operation of the proposed use at the location
proposed will be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city in that the off-site sale of beer and wine in an existing 24-
hour drugstore allows greater accessibility to alcoholic products and would contribute
to neighborhood problems of loitering, panhandling, public drinking and general
criminal disturbance.
THEREFORE, BE IT RESOLVED that the Planning Commission denies a Conditional Use
Permit (PLN2010-09) to allow off-sale of beer and wine in an existing Walgreens Drugstore
on property owned by Campbell Gateway Square located at 1660 S. Winchester
Boulevard.
PASSED AND ADOPTED this 9t" day of March, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Ebner, Gibbons, Reynolds and Rocha
NOES: Commissioners: Cristina and Roseberry
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None ~
APPROV D: ~ ~~~~ ~~ ~ ~ ~~~''y
i th Gibbons, Chair
ATTEST:
irk Hei richs, Secretary