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Use Permit - Little Wine Counter - Unit 560 - 2013CITY of CAMPBELL Community Development Department November 27, 2013 Dante Perrucci P.O. Box 728 San Jose, CA 95106 Re: PLN2013-:?96 - 1875 S. Bascom Ave., Ste. 560 Conditional Use Permit for Wine Bar Dear Applicant Please be advised that at its meeting of November 26, 2013, the Planning Commission adopted Resolution No. 4125 approving a Conditional Use Permit (PLN2013-296) to allow a new wine bar with late night operational hours and live entertainment on the above- referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, December 6, 2013. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140 Associate Planner CA-Pruneyard LF', Attn: Chequita McCullough, 1875 S. Bascom .Ave., #2410, Campbell, CA 95008 RESOLUTION NO. 4125 BEING; A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2013-296) TO ESTABLISH A NEW WINE BAR WITH LATE NIGHT OPERATIONAL HOURS AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 1875 S. BASCOM AVENUE, STE. 560. 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 Planning Cormission finds as follows with regard to file numbers PLN2013-296: 1. The project site is zoned C-2 (General Commercial) and designated General Commercial bey the General Plan. 2. The project site is located within a 342,000 square-foot shopping center, on a 27 acre property, at the northwest corner of Bascom and Campbell Avenues. 3. The previous Conditional Use Permit for the subject tenant space (PLN2008-297) for the retail sale of alcohol will be superseded by the requested Conditional Use Permit. 4. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to approval of a Conditional Use Permit, consistent with CMC 21.46.070. 5. The proposed project is an application for a Conditional Use Permit to allow establishment of a new wine bar, including the sale of wine and beer products, late night operational hours and live entertainment. 6. The Police Department has reviewed the project and is supportive of the project as conditioned. 7. The proposal is consistent with the "Master" Conditional Use Permit (UP94-14) for the Pruneyard Shopping Center. Based upon the foregoing findings of fact, the Planning Commission 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;