PC 03/12/97 - Laserfiche WebLink

Based on the above discussion, staff feels the conditional use permit findings can be made and recommends approval of Case UP-97-03, subject to the conditions of approval listed in Exhibit B. c- Commissioner Cooper clarified that the City has no other 24-hour store that sells hard liquor other than a full-service grocery store (Safeway, Lucky). Commissioner Lutz inquired, independent of this application, whether there is a commitment by the property owner to bring the landscaping into compliance. Mr. Iserson advised the applicants have committed to installing and maintaining the landscaping required in the original PUD. If not done, Code enforcement procedures will be initiated. Commissioner Dove noted there are existing problems with this Center and he asked Mr. Beougher if it would be possible to bring a moratorium against the Center until they comply with the existing problems. Mr. Beougher advised that the only outstanding issues are the landscaping and mechanical screening; if the property owners do not comply, the City has an officer who hears these complaints. The complaints would be handled in a quick, judicious manner. PUBLIC HEARING WAS OPENED Bill Rankin, 830 Hillview Court, Suite 138, Milpitas, represented the Bonfare Market application. Bonfare is a market chain that has been in operation for 29 years. They always locate in neighborhood locations. He cited some of their stores in Piedmont and San Jose have been in operation for over 20 years with no problems. ~ The applicants have a concern with Conditions 2 and 3 considering their initial investment of $200,000 for store fixtures, equipment and inventory. They will have a full-service deli, bakery, fresh fruit, and fresh poultry. Condition 2 speak to problems of litter, parking, noise, and traffic. The litter would be an easily identifiable problem and easily solved. They do not know what conflict would be associated with parking. They will not generate any noise internally, and they hope their store does generate more traffic in the center. Those problems within their control they will control, but they can't control parking, noise, traffic. Loitering will be handled by the store management. Loitering is not good for business. Mr. Rankin feels the Alcohol Beverage Control Board and the City police will supervise and monitor their operation, and hold them accountable to specific standards. Bonfare would like the Commission's consideration in allowing them to control their investment. Todd Fujinaga is the lawyer for the property owners and also helps manage this property. The applicants are in agreement with staff regarding the deficiencies of the shopping center. The issues concerning the rear of the shopping center will be corrected. They have tried to respond to problems when they are notified of such. Mr. Fujinaga noted there was a conditional use permit granted for a grocery store in 1979. Mr. Fujinaga is in almost total agreement with the staff report. However, he would prefer to give the Bonfare Market the ability to transport trash around the store (like the video and ice cream stores Page 5 Marcb 12, 1997 Planning Commission Minutes