PC Res 3991RESOLUTION NO. 3991
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2010-82) TO ALLOW LIGHT NIGHT OPERATIONAL HOURS
FOR AN EXISTING AND RECENTLY RECONSTRUCTED
CONVENIENCE MARKET (7-ELEVEN) ON PROPERTY OWNED BY
AJ PROPERTIES LOCATED AT 262 W. SUNNYOAKS AVENUE IN A
C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION
OF MR. PATRICK FIEDLER. FILE NO.: PLN2010-82.
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 PLN2010-82.
Environmental Finding
1. The project qualifies as an Exempt project under Section 15060(c) (2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or
reasonably foreseeable indirect physical change to the environment.
Evidentiary Findings
2. The project site is designated General Commercial on the General Plan Land Use
Element Map.
3. The project site is designated General Commercial (C-2) on the Zoning Map.
4. A 2,000 square foot convenience market has existed on the subject 13,406 square foot
parcel for approximately 40 years and has recently been reconstructed following a fire.
5. Late night operational hours in conjunction with a convenience market are consistent with
the General Plan and Zoning Code upon the issuance of a Conditional Use Permit
(CUP).
6. The Police Department has not expressed concern with the proposed hours of operation.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
7. 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;
8. The proposed use is consistent with the General Plan;
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9. 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;
10. 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;
11. 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.
12. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use
Permit (PLN2010-82) to allow late night operational hours for an existing and recently
reconstructed convenience market (7-Eleven) on property owned by AJ Properties located at
262 W. Sunnyoaks Avenue in a C-2 (General Commercial) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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:
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:
A.J. Properties, John Bertolotti (Property Owner)
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2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2010-82) to
allow late night operational hours at 262 W. Sunnyoaks Avenue. The project shall
substantially conform to the revised Project Plans and Operational Description stamped
as received by the Community Development Department on May 28, 2010, except as
may be modified by the conditions of approval specified herein.
3. Conditional Use Permit Expiration: The Conditional Use Permit shall be valid in
perpetuity with continued operation of the use. Abandonment, discontinuation, or
ceasing of operations for a continuous period of twelve months shall void the Conditional
Use Permit approved herein.
4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
5. Operational Hours: The hours permitted under this CUP are fora 24-hour operation.
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. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are strictly
prohibited.
b. Noise Management: In the events complaints are received by the City regarding the
late night operational hours, the Community Development Director may immediately
modify the hours of operation, subject to the project being brought back to the
Planning Commission for consideration of changes to address the complaints.
8. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
9. Side Vehicle Gate: The side vehicle gate shall be locked at all times to minimize the
potential for unpermitted public access behind the store.
10. Deliveries: The quantity of late night and early morning deliveries that occur between the
hours of 11:00 p.m. to 6:00 a.m. is limited to one (1) per day. All remaining deliveries
may occur between 6:00 a.m. to 11:00 p.m. All deliveries shall occur within the front of
the store.
11. Landscaping: Within 14 days following project approval, the applicant shall submit a
landscape plan for Community Development Director review and approval that illustrates
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how the front parking lot will be landscaped in an attempt to integrate the site with the
surrounding neighborhood. Following Director approval, the applicant shall install all
landscaping within 30 days of such decision.
PASSED AND ADOPTED this 22nd day of June, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Gibbons, Reynolds, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Cristina and Ebner
ABSTAIN: Commissioners: None
APPROVED:
h Gibbons, Chair
ATTEST: 'l
Kir einric s, Secretary