CC Resolution 11150RESOLUTION NO. 11150
BEING A RESOLUTION OF THE CITY COUNCIL DENYING AN
APPEAL AND UPHOLDING THE PLANNING COMMISSION
DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW THE
OFF-SITE SALE OF BEER AND WINE IN AN EXISTING
WALGREEN'S DRUGSTORE. FILE NO: PLN2010-09
APPEAL OF DANIEL KRAMER ON BEHALF OF WALGREEN CO.
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 City Council did find as follows
with respect to the appeal of application 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 subject drugstore is within the Gateway Square center, located at the northwest
corner of Winchester Boulevard and Hamilton Avenue.
3. The project site is designated General Commercial in the General Plan Land Use
Element.
4. The project site is designated C-2 (General Commercial) on the City Zoning Map.
5. 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
Campbell Municipal Code (CMC).
6. Pursuant to CMC Section 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.
7. The subject drugstore was established in 1992 as part of the Gateway Square
center.
8. 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 as
articulated in Planning Commission Resolution No. 3113 that found:
City Council Resolution Denying an Appeal
PLN2010-09 -1660 S. Winchester Blvd.
Page 2
• The elimination of the sale of alcoholic beverages at any time by the drugstore
indicates the applicant's intent to prevent any incompatibility with the neighborhood.
The proposed use, with 24 hour operation and no sale of alcoholic beverages, is
compatible with uses on site and adjacent land uses.
• 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.
Therefore, approving off-site sale of beer and wine products would be contrary to the
City approval granting a 24-hour operation of the drugstore.
9. City approval of a Conditional Use Permit in 1992 for a general liquor license has no
barring on the subject application. Conditions and activities are evaluated on a case-
by-case basis at time of application. Therefore, what may have been allowed 18
years ago has no applicability to current conditions and the changed environment.
10. The Police Department confirmed testimony presented to the Planning Commission
that the area in vicinity of the project site has experienced numerous police activity
related to alcohol and/or drug related offenses (i.e., DUI, public intoxication, etc.).
Therefore, the addition of another off-sale alcohol establishment is unnecessary for
the neighborhood and inconsistent with the public's convenience and necessity for
additional off-sale alcohol.
11. There are off-site and on-site alcohol sales establishments within 500 feet as well as
within the general vicinity of the subject drugstore that contribute to criminal
disturbance within the neighborhood, as evidenced by the number of drug and
alcohol related incidents in the area as reported by the Police Department.
Based upon the foregoing findings of fact, the City Council 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.
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.
THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds
the Planning Commission action to deny a Conditional Use Permit for the off-site sale of
beer and wine in an existing Walgreen's drugstore.
City Council Resolution Denying an Appeal
PLN2010-09 -1660 S. Winchester Blvd.
Page 3
PASSED AND ADOPTED this loth day of April , 2010, by the following
roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Kennedy, Furtado, Baker, Low
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
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APPROVED:
Evan D . Low-, • Mayor
ATTEST:
Anne Bybee, City Clerk