CC Resolution 11185RESOLUTION NO. 11185
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING 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 City Council 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.
City Council Resolution
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.
City Council Resolution
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 City Council 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.
City Council Resolution
PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway)
Page 4
10. The establishment will not significantly increase the demand on city services
THEREFORE, BE IT RESOLVED that the City Council grants 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. 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).
2. 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.
3. 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
City Council Resolution
PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway)
Page 5
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.
4. 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.
5. 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.
6. 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.
PASSED AND ADOPTED this 29th day of June , 2010, by the following roll
call vote:
AYES: COUNCILMEMBERS: Kennedy, Furtado, Baker, Low
NOES: COUNCILMEMBERS: Kotowski
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Evan D. Low, Mayor
ATTEST: ~---
Anne Bybee, City Clerk