PC Res 3045RESOLUTION NO. 3045
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A ONE-YEAR EXTENSION FOR A PREVIOUSLY-
APPROVED CONDITIONAL USE PERMIT (UP 95-15) TO
ALLOW OFF-SALE BEER AND WINE SALES AT AN
EXISTING GASOLINGE/MINI-MART (BP OIL) ON
PROPERTY LOCATED AT 1533 W. CAMPBELL AVENUE
IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. VINCE PADILLA, A &
S ENGINEERING. R 96-01 (UP 95-15).
At~er notification and public heating, as specified by hw, and after presentation by the
Commullity Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application UP 96-08:
The request for an extension of time to allow off-sale beer and wine sales is
consistent with zoning and general plan for the subject property.
The business will operate as previously proposed during standard business hours of
6:00 A.M. To 11:00 P.M., and all operational characteristics of the use will remain
the same as the previous request.
The proposed use, subject to the conditions of approval is compatible with the
existing use on the site and in the uses in the vicinity of the subject site.
The site is adequately served by on-site parking facilities provided which exceed the
ordinance standard for the gasoline service station use.
The proposed off-sale beer and wine sales represents a minor portion of gasoline and
service station use on the subject property.
Restricting the hours of operation from 6:00 A.M. To 11:00 P.M. while permitting
off-sale beer and wine sales is similar with other uses within the vicinity of the
subject property.
lnmrovements to the site such as new street trees and upgraded landscape areas
required in the conditions of approval will enhance the site and better integrate the site
with the newer developments in the vicinity of the subject property.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that in regard to the approval of an off-sale beer and wine sales as follows:
Planning Commission Resolution No. 3045
R 96-01 (LIP 95-15)- 1533 W. Campbell Avenue
Page 2
The establiahment, maintenance or operation of the use applied for will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of such proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the City.
The proposed site is adequate in size and shape to accommodate the yards, walls,
fences, parking and loading facilities, landscaping and other development features
required in order to integrate said use with use in the surrounding area.
The proposed site is adequately served by streets of sa_fl'ficient capacity to carry the
kind and quantity of traffic such use would generate.
The proposed use is compatible with the uses in the area.
The proposed use is essential to the pubic convenience and necessity of the
community.
The establishment will not result in an over concentration of such uses in the area;
The establighment will not create a nuisance due to noise, litter, vandalism,
traffic or other factors,
The establishment will not significantly disturb the peace and enjoyment of nearby
residential neighborhood;
9. The establiahment will not significantly increase the demand on city services.
Further, the applicants are notified as part of this application that they are required to
comply with all applicable Codes and Ordinances of the City of Campbell and the State of
California which pertain to this application and are not herein specified. And, that this
approval is granted subject to the following Conditions of Approval.
Approved Project: This approval is for a time extension for a Conditional Use Permit
to allow an on/off sale beer and wine license in conjunction with an existing gasoline
service station with standard operating hours.
A. Time Extension: The time extension is granted for one year f~om the expiration
date of the previously approved use permit (UP 95-15) and shall expire on
November 21, 1997.
Planning Commission Resolution No. 3045
R 96-01 (UP 95-15) - 1533 W. Campbell Avenue
Page 3
B. Operating Hours: Hours of operation are permitted from 6:00 A.M. To
11:00 P. M. Daily.
Project approval shall substantially comply with the applicant's project plans
including tenant improvements prepared by A &S Engineering dated 7/11/95 as
redlined and modified herein:
Revised Parking Spaces: Applicant shall submit a revised site plan indicating
relocation of the two guest parking spaces perpendicular to the northern property
line, along the eastern side of the service building as redlined. The plan shall be
submitted to the Community Development Department for review and approval prior
to the issuance of building permits.
Landscaping: Applicant shall submit four (4) sets of a revised landscaping plan
indicating type and type and size of plant material including on-site trees, planting
details and irrigation system to the Community Development Department for review
and approval prior to the issuance of building permits.
ABC License Approval: Applicant shall obtain approval of beer and wine license
from the State of California Department of Alcohol Beverage Control prior to
establiahing off-sale beer and wine sales
Building Permits: Comply with all buildings codes and requirements as specified by
the Building Official at the time of plan check for all tenant improvements.
Landscape Improvements: Provide two additional street trees consistent with the
City's Streetscape Plan, irrigation, and related improvements in the public right-of-
way as directed by the City Engineer. The Plan shall be submitted to the Commtlllity
Development Department for review and approval prior to the issuance of building
permits.
A. Prior to issuance of any building permits for the site, the applicant shall
1. Have a licensed contractor apply for an Encroachment Permit for all work
done in the public right-of-way.
Planning Commission Resolution No. 3045
R 96-01 (UP 95-15)- 1533 W. Campbell Avenue
Page 4
2. Pay fees and deposits as follows:
· Encroachment Permit Application Fee $225.00
· Plan Check Fee $500.00
· Performance Deposit 100% of
Cost Estimate
· Emergency Cash Deposit 4% of
Cost Estimate
City Engineer's
City Engineer's
Bo
Submit 5 sets of plans for plan check prior to issuance of the Encroachment
Permit for construction of the landscape improvements, the contractor
responsible for all of the work in the public right-of-way must provide
appropriate insurance in accordance with City requirements.
Street Lights: The applicant shall provide additional street lights and/or replace
existing light standards in accordance with current lighting standards as directed by
the City Engineer.
Outdoor Storage Prohibited: Outdoor storage of vehicles being serviced at the site
shall be prohibited at all times. Any vehicles being serviced at the site for a period
exceeding 24 hours must be stored inside the building. No overnight outdoor storage
of vehicles is permitted.
PASSED AND ADOPTED this 24th day of September, 1996, by the following roll call
vote:
AYES:
NOES:
ABSENT:
AB STAIN:
ATTEST'
Commissioners: Alne, Gibbons, Lindstrom, Meyer-Kennedy
Commissioners: Jones
Commissioners: Kearns, Lowe
Commissioners: None . ?.~,
Darryl 1V(~snes(,A~ting Secretary