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Use Permit - Spread Deli - 2013CommuniCy Development Department July 11, 2013 Spread Campbell LLC 193 E. Campbell ~4venue Campbell, CA 95008 Re: PLN2013-'I 33 - 193 E. Campbell Avenue -Conditional Use Permit Dear Applicant: Please be advised that at its meeting of July 9, 2013, the Planning Commission adopted Resolution No. 4'108 approving a Conditional Use Permit (PLN2013-133) to allow on and off-site beer and wine sales and late night operation in association with a new restaurant (Spread Deli) on t:he 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, July 19, 2013. The time within which judicial review of this action must be :>ought 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 Sincerely, Daniel Fama Associate Planner Jeff Warmoth (Property Owners) P.O. Box 1001 Los Altos, CA 94023 70 North First street ~ Campbell, California 95008-1 4 3 6 • TF.I. 408.866.2id0 FAx 408.871.5140 ~TDI) 408.866.'?790 inu^;, RFCI'CLL'Il PAPPR RESOLUTION NO. 4108 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIIT (PLN2013-133) TO ALLOW ON AND OFF-SITE BEER AND WINE SALES AND LATE NIGHT OPERATION IN ASSOCIATION WITH A NEW RESTAURANT (SPREAD DELI) ON PROPERTY LOCATED AT 193 E. CAMPBELL AVENUE. After notification <~nd 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 Planning Commission did find as follows with respect to file number PLN2013-133: 1. The project site is located along East Campbell Avenue between Second and Third Streets. 2. The project site is zoned C-PD (Condominium Planned Development) and designated Central Commercial by the General Plan Land. 3. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to approval of a Conditional Use Permit, consistent with CMC Sec. 21.46.070. 4. The proposed irestaurant would occupy an existing 1,247 square-foot restaurant space. 5. Existing allow<~nce for beer and wine sales was granted pursuant to CMC Sec. 21.10.060.F.2, which permits the sale of beer and wine for on-site consumption without a Conditional Use Permit, within a standard restaurant without a separate bar. 6. The requested Conditional Use Permit would allow on- and off-site beer and wine sales and late-night operation in association with a new restaurant. 7. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals and stral:egies of the Campbell General Plan and Downtown Development Plan. The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which restaurants have an essential role. 8. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis to which the City shall review new applications for alcohol beverage service. Limitations to the hours oi~ operation, amount of bar area seating, and alcohol beverage service, are necessary 'to protect the public health, safety and welfare. 9. The approval of a Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy.