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Mod to Use Permit - Tessora - 2015CITY of CAMPBELL Community Development Department April 16, 2015 Carol & Hamid Pouya Tessora's Barra di Fino 234 E. Campbell Ave Campbell, CA 95008 Re: PLN2015-91- 234 E. Campbell Avenue -Modification to Conditional Use Permit Dear Applicant: Please be advised that at its meeting of April 14, 2015, the Planning Commission adopted Resolution No. 4201 approving a Modification (PLN2015-91) to apreviously-approve Conditional UsePermit (PLN2012-205) to allow minors (under 21) in the outdoor seating area, a change in weekend business hours (to open at 11 a.m.) and a change in alcohol license type, for an existing wine baron 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, April 24, 2015. 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. Sincerely, Daniel Fama Associate Planner cc: Brad Raffanti for Robert L. Raffanti Trustee (Property Owner) 2477 Cottle Ave San Jose, CA 95125 Aki Snelling, Planning Manager RESOLUTION NO. 4201 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING MODIFICATION (PLN2015- 91) TO APREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2012-205) TO ALLOW MINORS (UNDER 21) IN THE OUTDOOR SEATING AREA, A CHANGE IN WEEKEND BUSINESS HOURS (TO OPEN AT 11 A.M.), AND A CHANGE IN ALCOHOL LICENSE TYPE, FOR AN EXISTING WINE BAR ON PROPERTY LOCATED AT 234 E. CAMPBELL AVENUE. FILE NO: PLN2015-91 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 Commission finds as follows with regard to file number PLN2015-91: 1. The project slite is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Map. 2. Sale of alcohol within a wine bar is considered a "liquor establishment", subject to approval of a Conditional Use Permit, consistent with CMC 21.46.070. 3. The existing wine bar occupies a 1,307 square-foot existing tenant space. 4. The project site is located on the south side of East Campbell Avenue, between South First Street and South Second Street. 5. On January 8, 2013, the Planning Commission adopted Resolution No. 4091 approving a Conditional Use Permit to allow a wine bar with late night operational hours, live entertainment. 6. The proposed Modification would allow for an earlier opening time on Saturday and Sunday mornings (11:00 AM), a change to the age restriction to allow minors (persons under 21), andl a change in ABC licensing type commensurate with the age restriction change. 7. Policies found within the Campbell General Plan and Downtown Campbell Development Plan articulate a desire to promote and enhance a downtown environment that provides a desirable balance of land uses including shopping, services, and entertainment. This vision is evidenced in policies that encourage a mix of day and evening activities, a distinctive retail presence, a diversity of eating establishments;, support for neighborhood-serving businesses, and protection of surrounding residential neighborhoods: 8. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals a~~d strategies of the Cai-ipbeii General Pian and Gowntown Development Pian. The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which wine bars and/or wine tasting establishments have a role.