Use Permit - 2003RESOLUTION NO. 3515
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-68) TO ALLOW A BEER AND WINE LICENSE IN
CONJUNCTION WITH AN EXISTING DELI/CAFI~ (RUSSIAN TEA
HOUSE) ON PROPERTY OWNED BY MS. BARBARA
MORTKOWITZ LOCATED AT 2080-A S. BASCOM AVENUE IN A C-
2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO.
PLN2003-68.
After notification and public heating, as specified by law, and after presentation
Community Development Director, proponents and opponents, the heating was closed.
by the
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-68:
The proposed on-sale and off-sale of beer and wine within an existing caf6 and delicatessen
is consistent with the General Commercial land use designation of the General Plan and the
C-2-S (General Commercial) zoning designation for the site.
2. The proposed on-sale beer and wine license is incidental to the primary function of the
business as a caf6 and off-sale use is incidental to the delicatessen business.
o
The existing shared parking facilities of the multi-tenant buildings will adequately address
the parking needs of the subject business given that no additional seating will be added to the
caf6 with the addition of the on-sale beer and wine license.
4. The proposed on-sale and off-sale beer and wine license, subject to the conditions of
approval, is compatible with the adjacent land uses and the surrounding neighborhood.
5. The establishment of on-sale and off-sale beer and wine service will not result in an over
concentration of such uses in the area.
6. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
7. The establishment of a beer and wine license will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The caf6 with beer and wine service will not significantly increase the demand on City
services.
10. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resok...on No. 3515
PLN2003-68 -- 2080-A S. Bascom- Use Permit - Beer & Wine License
Page 2
The establishment of on-sale and off-sale beer and wine license, in conjunction with an
existing delicatessen and caf6 will aid in the enhancement and the harmonious development
of the immediate area. The establishment, maintenance, or operation of the use will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood of such proposed use.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2003-68) to allow a beer and wine license in conjunction with an existing
deli/caf6 (Russian Tea House) on property owned by Ms. Barbara Mortkowitz located at 2080-A
S. Bascom Avenue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-68) to allow
an on-sale and off-sale beer and wine license in conjunction with an existing caf6 on property
located at 2080 S. Bascom Avenue. Approval shall substantially conform to the project
Planning Commission Reso..on No. 3515
PLN2003-68 -- 2080-A S. Bascom- Use Permit - Beer & Wine License
Page 3
exhibits listed below, except as may be modified by the Conditions of Approval contained
herein.
A. Plot plan illustrating the location of the 1,210 square foot tenant space.
B. Applicant's project description.
Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the conditions of approval will result in the
Conditional Use Permit being void.
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
Liquor license: Applicant shall file and complete processing both an on-sale and off-sale
beer and wine license through the State of California Department of Alcoholic Beverage
Control, prior to the sale of any alcoholic beverages.
5. Hours of Operation: The hours of operation shall be restricted to: 6:00 a.m. to 11:00 p.m.
daily.
Liquor License: Approval of the Conditional Use Permit is valid only in conjunction with a
caf6 and delicatessen offering food service to the public. The applicant shall maintain both an
on-sale and off-sale beer and wine license with the California Department of Alcohol
Beverage Control.
PASSED AND ADOPTED this 8thday of .Jul3t 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
' S~l/~on Fierro, Secretary
Alderete, Francois, Gibbons, Hemandez, Jones and Rocha
None
APPROVED: (/ _~~(/~x~
Jo'-~eeph(Hernand~
CITY OF CAMPBELL' PLANNING COMMISSION
Staff Report. July 8, 2003
ITEM NO. 3
PLN2003-68
Gluzman, A.
Public Heating to consider the application of Alex and Alia Gluzman on
behalf of the Russian Tea House (PLN2003-68) for a Conditional Use
Permit to allow a beer and wine license in conjunction with an existing deli-
cafe on property owned by Barbara Mortkowitz located at 2080A S.
Bascom Avenue in a C-2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit
(PLN 2003-68) to allow a beer and wine license in conjunction with an existing deli-cafe, subject
to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is categorically exempt
under Section 15301 class 1 (a) (Existing Facilities) of the California Environmental Quality Act.
PROJECT DATA
Site Data:
Net Lot Area:
.29 acres 12,782 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
26.8% 3,422 sq. ft.
11.0% 1,405 sq. ft.
62.2% 7,955 sq. ft.
Building Area:
Multi-tenant retail building:
Tenant space:
Floor Area Ratio (FAR):
3,422 sq. ft.
1,210 sq. ft. (35.6 %)
.27
Seating Capacity:
18 total seats (parking standard @ 3 seats per space)
Operational Hours:
9 a.m. to 8 p.m. (Monday through Saturday)
11 a.m. to 6 p.m. (Sunday)
Parking required: 17 spaces (Retail @ 1:200 3,400 square feet)
Parking provided: 17 spaces
Staff Report -- Planning Commission - July 8, 2003
PLN 2003-68 -- 2080 S. Bascom Avenue
Page 2 of 3
DISCUSSION
Applicant's Proposal: The applicant, Alex Gluzman, is requesting approval of a Conditional Use
Permit (PLN 2003-68) to allow a beer and wine license in conjunction with an existing
delicatessen and caf6 (Russian Tea House) located at 2080 S. Bascom Avenue.
The delicatessen and caf6 is located in a tenant space that occupies approximately 35 percent of a
multi-tenant retail building on the project site. The project site is situated on the east side of
Bascom Avenue between Arroyo Seco Drive and E1 Solyo Avenue. This commercial site is
surrounded by a Denny's restaurant to the north and east, offices to the south and commercial
uses across Bascom Avenue to the west.
Background: The Planning Commission previously approved a Conditional Use Permit (UP 96-
01) for a beer/wine license in conjunction with a caf6 for this location. That approval was not
exercised. Consequently, the applicant is requesting approval of a new Conditional Use Permit.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is General
Commercial. The proposed addition of a beer and wine within the existing delicatessen and caf6
is consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The addition of a beer and wine license is permitted under the zoning ordinance with approval of
a Conditional Use Permit.
Beer and Wine Sales: Businesses that offer on-site beer and wine sales are required to obtain a
Conditional Use Permit. The applicant intends to have both an on-sale and off-sale beer and wine
license per the attached written statement. Issues reviewed by the Planning Commission include
the compatibility of the proposed use with the surrounding use and neighborhood, the potential
over concentration of similar liquor establishments, and the operational characteristics of the
requested use. Staff believes that the proposed beer/wine license is incidental to the caf6/deli
operation and is of an appropriate scale and is compatible with the surrounding uses and
properties.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the proposed project.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application in that no design changes are proposed with the request.
Attachments:
1. Findings for Approval of the Conditional Use Permit (PLN 2003-68)
2. Conditions of Approval for the Conditional Use Permit (PLN 2003-68)
3. Resolution No. 3020 (UP 96-01)
4. Letter from the Applicant
5. Exhibits (Site Plan, Floor Plan and Photos)
Staff Report -- Planning Commission - July 8, 2003
PLN 2003-68 -- 2080 S. Bascom Avenue
Page 3 of 3
6. Location Map and Liquor Vicinity Map
Tim J. Ha'~, Associate Planner
Approved by: Ge~ff I. B/adley, Senior Planner /
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN 2003-68
SITE ADDRESS:
APPLICANT:
DATE:
2080 S. Bascom Avenue
Alex Gluzman- Russia Tea House
July 8, 2003
Findings for Approval of a Conditional Use Permit (PLN 2003-68) to allow an on-sale beer and
wine license within an existing caf6 and delicatessen.
The Planning Commission finds as follows with regard to File No. PLN 2003-68:
The proposed on-sale and off-sale of beer and wine within an existing caf6 and delicatessen is
consistent with the General Commercial land use designation of the General Plan and the
C-2-S (General Commercial) zoning designation for the site.
2. The proposed on-sale beer and wine license is incidental to the primary function of the
business as a caf6 and off-sale use is incidental to the delicatessen business.
o
The existing shared parking facilities of the multi-tenant buildings will adequately address
the parking needs of the subject business given that no additional seating will be added to the
caf6 with the addition of the on-sale beer and wine license.
4. The proposed on-sale and off-sale beer and wine license, subject to the conditions of
approval, is compatible with the adjacent land uses and the surrounding neighborhood.
5. The establishment of on-sale and off-sale beer and wine service will not result in an over
concentration of such uses in the area.
6. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
7. The establishment of a beer and wine license will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The caf6 with beer and wine service will not significantly increase the demand on City
services.
10. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Findings for Approval -- ?'lm~ning Commission - July 8, 2003
PLN 2003-68-- 2080 S. Bascom Avenue
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of on-sale and off-sale beer and wine license, in conjunction with an
existing delicatessen and caf~ will aid in the enhancement and the harmonious development
of the immediate area. The establishment, maintenance, or operation of the use will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood of such proposed use.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment//2
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2003-68
SITE ADDRESS:
APPLICANT:
DATE:
2080 S. Bascom Avenue
Alex Gluzman
July 8, 2003
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-68) to allow
an on-sale and off-sale beer and wine license in conjunction with an existing caf6 on property
located at 2080 S. Bascom Avenue. Approval shall substantially conform to the project
exhibits listed below, except as may be modified by the Conditions of Approval contained
herein.
A. Plot plan illustrating the location of the 1,210 square foot tenant space.
B. Applicant's project description.
Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the conditions of approval will result in the
Conditional Use Permit being void.
o
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
Liquor license: Applicant shall file and complete processing both an on-sale and off-sale
beer and wine license through the State of California Department of Alcoholic Beverage
Control, prior to the sale of any alcoholic beverages.
Conditions of Approval -- r~anning Commission - July 8, 2003
PLN 2003-68 -- 2080 S. Bascom Avenue
Page 2
o
Hours of Operation: The hours of operation shall be restricted to: 6:00 a.m. to 11:00 p.m.
daily.
Liquor License: Approval of the Conditional Use Permit is valid only in conjunction with a
caf6 and delicatessen offering food service to the public. The applicant shall maintain both an
on-sale and off-sale beer and wine license with the California Department of Alcohol
Beverage Control.
Attachment #4
Written Statement for Use Permit.
From
Russian Tea House
Alex & Alia Gluzman
2080-A S. Bascom Ave.
Campbell, CA 95008
To:
The City of Campbell
Planning Department
70 N 1st St.
Campbell, CA 95008
Our business exists for almost two years. We are a small caf6 & deli, presenting
Russian food. Our goal is to share with people of all cultures Russian hospitality, and
quality of authentic Russian cuisine. We plan to attract more customers, by making light
alcohol beverages available in our deli-cafe. We would like to have available a variety of
Imported & Domestic bears, and Moldavian, Armenian, and Georgian wines in our store.
These alcoholic beverages complement Russian food, and are traditionally served with
Russian dishes. We plan to sell these beverages to adults only, and only with ID check.
We would like our customers to be able to consume these beverages in our caf6, and also
to be available for purchase to take those beverages out with them. We plan to have 20
customers per day who would order alcoholic beverages. We project to have no more
than 10 clients consuming alcoholic beverages at any given time. We always have four
employees per shift. Our hours of operation are Monday, through Saturday, 9 A.M. until
8 P.M. and Sunday 11 A.M. until 6 P.M.
We believe that our business, and the city of Campbell will benefit from extra
revenue generated by alcoholic beverages sales in our deli-caf6. We think that granting
our business Use Permit will increase the odds of our business survival during these
difficult economic times.
Sincerely,
Alex Gluzman
Alia Gluzman
May 20th, 2003
O~ ·
k.)
CITY oF CAMPBELL
Community Development Department
CAMPBELL
June 27,2003
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, July 8, 2003, in the City Hall Council Chambers, 70
North First Street, Campbell, California, for a Public Heating to consider the application of Mr.
Alex Gluzman for a Conditional Use Permit (PLN2003-68) to allow a beer and wine license in
conjunction with an existing deli/caf6 (Russian Tea House) on property owned by Ms. Barbara
Mortkowitz located at 2080-A S. Bascom Avenue in a C-2-S (General Commercial) Zoning
District. Staff is recommending that this project be deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Heating. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2003-68
Address: 2080-A S. Bascom Avenue
70 North First Street · Campbell, California 95008 1436 - TEL 408.866.2140 - F^X 408.871.5140 - T'])]) 408.866.2790