CC Resolution 8902
RESOLUTION NO. 8902
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL UPHOLDING THE APPEAL AND OVERTURNING
THE DECISION OF THE PLANNING COMMISSION AND
ALLOWING OFF-SALE BEER AND WINE SALES IN
CONJUNCTION WITH AN EXISTING GASOLINE SERVICE
STATION ON PROPERTY LOCATED AT 1533 W. CAMPBELL
AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT. FILE NO. UP 95-15.
After notification and public hearing as specified by law on the application of Tosco
Northwest Company, as per the application filed in the Planning Division on July
25, 1995; 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 File No. UP 95-15:
1. The proposed off-sale beer and wine sales during standard business hours of
6:00 A.M. To 11:00 P.M. is compatible with the existing use on the site and
with uses in the vicinity of the subject site.
2. The site is adequately served by on-site parking facilities provided which
exceed the ordinance standard for the gasoline service station use.
3. Off-sale beer and wine sales is ancillary to the primary of gasoline service
station use on the subject property.
4. 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
approved by the City of Campbell.
5. Improvements 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.
Therefore, the CITY COUNCIL, hereby, also finds in conclusion that:
1. The findings of fact contained in Planning Commission Resolution No. 3001
are overturned. The approval of the use permit will not have a detrimental
effect on the general welfare of the neighborhood and the Conditions of
Approval adequately restrict the use of the property so that the use is
compatible with the surrounding land uses.
City Council Resolution No._
1533 W. Campbell Avenue -- UP 95-15
Adopted on November 7, 1995
Page 2
2. 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.
3. The proposed site is adequately served by streets of sufficient capacity to carry
the kind and quantity of traffic such use would generate.
4. The proposed use is compatible with the uses in the area.
5. The proposed use is essential to the pubic convenience and necessity of
the community.
6. The establishment will not result in an over concentration of such uses
in the area;
7. The establishment will not create a nuisance due to noise, litter, vandalism,
traffic or other factors,
8. The establishment will not significantly disturb the peace and enjoyment of
nearby residential neighborhood;
9. The establishment will not significantly increase the demand on city services.
10. The findings of fact adopted by the Planning Commission do not provide
substantial evidence to support the denial of the use permit application.
The applicant is hereby notified, as part of this application, that he/she is required to
meet the following conditions in accordance with the Ordinance of the City of
Campbell and the State of California. 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:
1. Approved Project: This approval is 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. 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:
City Council Resolution No._
1533 W. Campbell Avenue -- UP 95-15
Adopted on November 7, 1995
Page 3
a. Revised Parking Spaces: Applicant shall submit a revised site plan
indicating the 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.
2. Landscaping: Applicant shall submit four (4) sets of a revised landscaping
plan indicating 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
permi ts.
3. ABC License Approval: Applicant shall obtain approval of beer and wine
license from the State of California Department of Alcohol Beverage Control
prior to establishing off-sale beer and wine sales.
4. 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.
5. 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 Community Development Department for review and
approval prior to the issuance of building permits.
6. 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.
7. 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.
8. Sixth Month Review: A review of the use shall be conducted by the City
Council six months after the commencement of off-sale beer and wine sales.
. .
City Council Resolution No._
1533 W. Campbell Avenue -- UP 95-15
Adopted on November 7, 1995
Page 4
PASSED AND ADOPTED this 21stday of November, 1995, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABST AIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Watson, Dougherty, Conant, Burr
None
None
None
ATIEsr: a~i;;k
Anne Bybee, ty Clerk
APPRO~n~
onald R. Burr, Mayor