Use Permit - Boswells - Expired - 2014RESOLUTION NO. 21656
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING AN APPEAL AND MODIFYING THE
PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE
PERMIT (PLN2013-249) WITH PARKING MODIFICATION PERMIT
{PLN2013-279) TO ALLOW A LIQUOR ESTABLISHMENT
{BOSWELL'S) WITH DANCING AND LIVE ENTERTAINMENT AND
LATE NIGHT OPERATIONAL HOURS ON PROPERTY LOCATED
AT 2089 S. BASCOM AVENUE.
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 City Council did find as follows with
respect to application PLN2013-249 & PLN2013-279:
The project site is zoned C-2 (General Commercial) and designated Genera!
Commercial by the General Plan Land Use Element.
2. The C-2 Zoning District is intended to provide a wide range of retail sales and
business and personal services primarily oriented to the automobile customer and
accessible to transit corridors, to provide for general commercial needs of the city,
and to promote a stable and attractive commercial development which will afford a
pleasant shopping environment.
3. The project site consists of a 32,000 square-foot parcel, improved with a 10,500
square-foot multi-tenant retail building with underground parking.
4. The project site is located along South Bascom Avenue, approximately 400 feet south
of East Campbell Avenue.
5. The project site will be configured to have approximately 47 vehicular parking stalls
and 12 motorcycle parking stalls.
6. The proposed project is an application for a Conditional Use Permit with a Parking
Modification Permit that would allow a liquor establishment with dancing and live
entertainment and late night operational hours. Only minor modifications are
proposed to the exterior of the structure.
7. The proposed liquor establishment requested public business hours of 12 PM to 2
AM daily, with live entertainment provided Monday through Saturday from 9:30 PM to
1 AM and Sunday from 5 PM to 12 AM. However, in recognition of adjacent
residential land uses, the City Council finds that the public closing time of the liquor
establishment with live entertainment is mare appropriately restricted to 12 AM,
Sunday through Thursday and 1 AM on Friday and Saturday.
City Council Resolution Page 2
Approving an Appeal and Modifying the Planning Commission's Approval
PLN2013-249 & PLN2013-279 - 2089 S. Bascom Avenue
Conditional Use Permit and Parking Modification Permit
$. An acoustic analysis was prepared for the proposed project. It identified potential
short-term noise impacts, including vehicular noise, live entertainment, and outdoor
patron noise as potential sources of noise disturbance. Recommended and additional
mitigation measures, have been included to minimize noise disruption to adjacent
residences. However, should the City receive repeated and verifiable complaints of
noise that obstructs the free use of neighboring properties so as to unreasonably
interfere with the comfortable enjoyment of the neighboring residents, the Planning
Commission may review the application further.
9. As proposed and conditioned, the project will include complimentary valet parking
service for patrons. Valeted vehicles will be parked either on site in the underground
parking garage or off-site within parking lots under contract with the parking service.
Valeted vehicles will not be parked on a public street.
10. The Planning Commission's and City Council's review of the proposed project
encompassed zoning and General Plan land use conformance, noise impacts,
parking, lighting, and security and queuing.
11. The Police Department is supportive of the application as conditioned.
12. Applicable General Plan Land Use Policies and Strategies considered by the
Planning Commission and City Council include:
Policy LUT-~.3: Variety of Commercial and Office Uses: Maintain a variety of
attractive and convenient commercial and office uses that
provide needed goods, services and entertainment.
Strategy LUT-5.3c: Revitalization of Commercial Center: Encourage the
maintenance and revitalization of commercial shopping centers.
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses tha# create
an economic balance within the City while maintaining a balance
with other community land use needs, such as housing and open
space, and while providing high quality services to the
community.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood
services within walking distance of residential uses.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
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;
City Council Resolution Page 3
Approving an Appeal and Modifying the Planning Commission's Approval
PLN2013-249 & PLN2013-279 - 2089 S. Bascom Avenue
Conditional Use Permit and Parking Modification 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;
5. 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.
6. 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.
7. The establishment will not result in an over-concentration of these uses in the
surrounding area;
8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
9. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
10. The establishment will not significantly increase the demand on city services
11. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported by review of the applicant's documentation accepted by the decision-
making body.
12. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
13. Approval of the parking modification permit will further the purpose of the Zoning
Code.
14. The project is Categorically Exempt per 15303, Class 3, of the California Environment
Quality Act (CEQA), pertaining to conversion of building area of less than 10,000
square-feet from one use to another where only minor modifications are made in the
exterior of the structure.
City Council Resolution Page 4
Approving an Appeal and Modifying the Planhing Commission's Approval
PLN2013-249 & PLN2013-279 - 2089 S. Bascom Avenue
Conditional Use Permit and Parking Modification Plan
THEREFORE, BE iT RESOLVED that the City Council approves an appeal and upholds
with modifications the Planning Commission's approval of a Conditional Use Permit
(PLN2013-249) with a Parking Modification Permit (PLN2013-279) to allow a liquor
establishment with dancing and live entertainment and late night operational hours on
property located at 2089 S. Bascom Avenue, subject to the attached Conditions of
Approval (attached Exhibit "A").
PASSED AND ADOPTED this 18th day of March , 2014, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Baker, Low, Waterman
Kotowski, Cristina
None
None
APPROVED
ATTEST:
Anne Bybee, City Clerk
Richard M. Waterman, Mayor