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PC Res 3988RESOLUTION NO. 3988 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT (PLN2010-31) TO ALLOW THE SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION ASSOCIATED WITH THE ESTABLISHMENT OF A NEW GROCERY STORE (SAFEWAY) WITH 24-HOUR OPERATION ATTACHED TO SPECULATIVE TENANT SPACE IN AN EXISTING VACANT RETAIL CENTER, CONSTRUCTION OF A NEW 4,650 SQUARE FOOT COMMERCIAL PAD BUILDING AND CONSTRUCTION OF A NEW 16-PUMP GASOLINE REFUELING STATION WITH AN 850 SQUARE FOOT RETAIL KIOSK ON PROPERTY LOCATED AT 950 W. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. NATALIE MATTEI, ON BEHALF OF SAFEWAY, INC. FILE NO: PLN2010-31. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2010-31: Environmental Finding 1. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Evidentiary Findings 2. The project site is designated General Commercial in the General Plan Land Use Element. 3. The project site is designated P-D (Neighborhood Commercial) on the City Zoning Map. 4. The selling of alcoholic products may be permitted in the P-D (Planned Development) zone district with the approval of a Conditional Use Permit as required by Section 21.36.110 of the Municipal Code. 5. The sale of alcoholic beverage products for the grocery store and the sale of only beer and wine products for the gasoline refueling station are considered as an incidental activity of the primary uses. Planning Commission Resolution No. 3988 PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway) Paae 2 6. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code in that the sale of alcoholic beverages for off-site consumption is a retail activity consistent with the P-D (Planned Development) zone district under the prescribed Conditions of Approval. 7. The proposed use is consistent with the General Plan in that the sale of alcoholic beverages for off-site consumption would increase the convenience of the proposed grocery store and gasoline refueling station, in compliance with the General Plan Land Use Element: Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs. 8. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area in that the inclusion of the sale of alcoholic beverages for off-site consumption for the grocery store and gasoline refueling station does not necessitate specific alterations to the site configuration. 9. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate in that the sale of alcoholic beverages for off-site consumption will not appreciably increase traffic to the use due to the incidental nature of the sales. 10. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property in that the sale of alcoholic beverages for off-site consumption is compatible with the general retail nature of the proposed grocery store and gasoline refueling station within the proposed retail chopping center. 11. 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 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city in that the sale of alcoholic beverages for off-site consumption, as proposed and conditioned, is harmonious with other proposed uses for the proposed shopping center. 12. Grocery store uses and associated divisions of the grocery store use are exempt from the locational criteria specified by Section 21.36.110. Planning Commission Resolution No. 3988 PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway) Page 3 13. The incidental selling of alcoholic beverages for the grocery store use and only beer and wine products for the gasoline refueling station do not increase the parking demand of the proposed retail center. 14. The sale of beer and wine, which constitutes the only approved alcoholic beverage for sale associated with the gasoline refueling station, shall be limited to the hours of 6:00 a.m. and 10:00 p.m. daily in order to limit night-time activity at the refueling station to gasoline sales. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use is consistent with the General Plan. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. 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 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 7. The establishment will not result in an over concentration of these uses in the surrounding area. 8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. Planning Commission Resolution No. 3988 PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway) 10. The establishment will not significantly increase the demand on city services. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Conditional Use Permit (PLN2010-31) to allow the sale of alcoholic beverages for off-site consumption associated with the Safeway grocery store and gasoline refueling station on property located at 950 W. Hamilton Avenue in a P-D (Planned Development) 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the business owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Authorized Representative of Safeway Inc. Date 2. Approved Permit: Approval is granted for a Conditional Use Permit (PLN2010-031) to allow the sale of alcoholic beverages for off-site consumption for both the Safeway grocery store (no restrictions) and the gasoline refueling station (beer and wine only) on property located at 950 W. Hamilton Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2010- 030). 3. 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. Planning Commission Resolution No. 3988 PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway) Page 5 4. Selling of Alcohol: The selling of alcoholic products shall be subject to the following restrictions: a. The applicant shall obtain a Type 20 (Off-Sale General) license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages for the Grocery Store use. The Type 20 license shall only apply to the alcohol sales conducted within the grocery store use and does not include any other tenant space or building on site. b. The sale of alcoholic products within the grocery store shall be allowed between the hours of 6:00 a.m. and 2:00 a.m. daily or in compliance with current state law, whichever is more restrictive. c. The applicant shall obtain a Type 21 (Off-Sale Beer and Wine) License from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages for the Gasoline Refueling Station use. The Type 21 license shall only apply to the gasoline refueling station retail kiosk. d. Only the sale of beer and wine products is allowed within the gasoline refueling station retail kiosk and the sale of beer and wine products shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m. daily. e. The applicant shall, at all times, maintain in good standing all required licenses issued by the State Department of Alcoholic Beverage Control for the sale of alcoholic products. f. The Community Development Director may require specific signage or locked cabinet shelving, or similar measures, to prevent the unauthorized selling of alcohol. 5. Revocation of Permit: Operation of the grocery store or gasoline refueling station uses in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell or laws and regulations of the State of California shall be grounds for consideration of the revocation of the Conditional Use Permit by the decision making body. 6. 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. 7. 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. Planning Commission Resolution No. 3988 PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway) Page 6 PASSED AND ADOPTED this 8`" day of June, 2010, by the following roll call vote: AYES: Commissioners: Alster, Cristina, Reynolds, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Ebner and Gibbons ABSTAIN: Commissioners: None / ,. APPROVED: Michael Rocha, Acting Chair ATTEST: Heinric s, Secretary