Use Permit - 2006June 15, 2006
Mr. Enes Dedic
Ad riatic Cafe
2089 S. Bascom Avenue
Campbell, CA 95008
Re: PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Beer and Wine Sales
Dear Applicant:
Please be advised that at its meeting of June 13, 2006, the Planning Commission
adopted Resolution No. 3728 approving a Conditional Use Permit (PLN2006-36) to
allow beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) on the
above-referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk
by 5 p.m. on Friday, June 23, 2006. 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, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Melinda M. Denis
Planner I
cc: Galilei Properties (Property Owners)
1425 Foxworthy Avenue, Unit E
San Jose, CA 95118
70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDO 408.866.2790
RESOLUTION NO. 3728
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-36) TO ALLOW BEER AND WINE SALES IN
CONJUNCTION WITH AN EXISTING CAFE (ADRIATIC CAFE) ON
PROPERTY OWNED BY GALlLEI PROPERTIES LOCATED AT 2089
S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. ENES DEDIC, ON
BEHALF OF ADRIATIC CAFE. FILE NO: PLN2006-36.
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 Planning Commission did find as
follows with respect to application PLN2006-36:
1. The proposed beer and wine sales in conjunction with a cafe is consistent with the
General Commercial General Plan land use designation.
2. The proposed beer and wine for a cafe will be compatible with the C-2 (General
Commercial) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 1,325 square foot cafe in an existing multi-tenant
commercial building.
4. The project site is located on the west side of South Bascom Avenue, between East
Campbell Avenue and Apricot Avenue. The property is surrounded by a commercial
use and multi-family residential to the north, commercial to the south and east, and
multi-family residential to the west.
5. The proposed project is consistent with other developments and uses in the
surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the
proposed beer and wine sales.
7. The Police Department has not expressed a concern with the proposed project.
8. The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m. Sunday
through Thursday and 10:00 a.m. to 11 :00 p.m. Friday and Saturday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3728
PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe
Page 2
1. The proposed project is consistent with the General Plan.
2. 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 Municipal Code.
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 of beer and wine sales will not result in an over concentration of
such uses in the area.
8. The establishment of beer and wine sales, as conditioned, will not create a nuisance
due to litter, noise, traffic, vandalism, or other factors.
9. The establishment of beer and wine sales, as conditioned, will not significantly
disturb the peace and enjoyment of the nearby residential neighborhood.
10. The establishment of beer and wine sales will not significantly increase the demand
on City services.
11. 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.
12. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Planning Commission Resolution No. 3728
PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2006-36) to allow beer and wine sales in conjunction with
an existing cafe (Adriatic Cafe) on property owned by Galilei Properties located at 2089
S. Bascom Avenue in a C-2-S (General Commercial) Zoning District.
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
Planning Division
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-36)
to allow a beer and wine sales in conjunction with an existing cafe (Adriatic Cafe)
located at 2089 S. Bascom Avenue. The project shall substantially conform to the
revised plans received by the Planning Division on May 17, 2006, and project
description received on April 3, 2006, except as may be modified by the conditions
of approval contained herein.
2. Conditional Use Permit 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 the conditions of approval
satisfied. Failure to meet this deadline will result in the Conditional Use Permit being
void.
3. Six-Month Review: The Planning Commission shall conduct a review of the
Conditional Use Permit upon the completion of six months of operation from the date
of the Planning Commission's approval. Additionally, the Planning Commission may
review the Conditional Use Permit based upon verified complaints filed with the
Community Development Director.
4. 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.
5. Business Ooerational Hours: The hours of operation shall be restricted to 10:00
a.m. to 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11 :00 p.m. Friday
Planning Commission Resolution No. 3728
PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe
Page 4
and Saturday. The closing time shall mean the business is closed and all employees
have exited the building.
6. Cafe Seatina: The maximum number of seats for the cafe shall be limited to 21
seats, based on the approved parking ratio for the project site.
7. ProDertv Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property.
8. Sicnage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
9. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
10. Beer and Wine License: The applicant shall obtain a license for a Type 41 (On-Sale
Beer and Wine License for Bona Fide Public Eating Place) from the State
Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages.
11. Loiterina: There shall be no loitering allowed outside the business in the rear
parking lot or the side parking lot areas. The business owner is responsible for
monitoring the premises to prevent loitering.
12. Outdoor Storace: No outdoor storage is permitted on the subject property. No
equipment, materials or business vehicles shall be parked and/or stored outside the
building or within the parking lot.
13. Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted
on the subject property.
14. Outdoor Patio and SDeakers: The outdoor patio, including all tables, chairs,
speakers, and metal railing, shall be removed and replaced with permanent
landscaping and irrigation. The applicant shall submit plans to the Community
Development Director for review and approval. The tables, chairs, and speakers
shall be removed within 14 days of final approval. The metal railing shall be
removed within 30 days of final approval, and the landscaping and irrigation installed
within 30 days thereafter.
15. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, music,
and/or public address system, generated by the subject use shall not be audible
to a person of normal hearing capacity from any residential property.
Planning Commission Resolution No. 3728
PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe
Page 5
b. Noise Manaoement: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours
of operation and/or limit the extended hours of operation, subject to the project
being brought back to the Planning Commission for review.
c. Front and Side Door: The front and side door to the business shall not remain in
an open position during business hours.
d. ReDair of Roof Fan: Applicant to repair the roof fan to correct noise impacts on
adjacent residences.
16. Trash & Clean UD: All trash, normal clean up, carpet cleaning, etc. shall not be done
in the late evening or early morning hours. All clean up shall be done between 6:00
a.m. and 11 :00 p.m. daily.
17. Parking and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
PASSED AND ADOPTED this 13th day of June, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
APPROVED:~~
Bob Alderete, Chair
'"
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
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ATTEST:
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ITEM NO.4
CITY OF CAMPBELL. PLANNING COMMISSION
Staff Report. June 13, 2006
PLN2006-36
Dedic, E.
Public Hearing to consider the application of Mr. Enes Dedic, on behalf of
Adriatic Cafe, for a Conditional Use Permit (PLN2006-36) to allow on-sale
beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) on
property owned by Galilei Properties located at 2089 S. Bascom Avenue in
the C-2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use
Permit (PLN2006-36) to allow on-sale beer and wine sales for a cafe (Adriatic 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 of the California Environmental Quality Act (CEQA), pertaining to
minor alterations to existing private structures.
PROJECT DATA
Gross Lot Area:
Net Lot Area:
37,357 square feet (0.86 acres)
33,200 square feet (0.76 acres)
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
10,542 square feet (31 %)
3,087 square feet (9.3%)
19,571 square feet (59.7%)
Adriatic Cafe Tenant Space:
1,325 square feet
Cafe Seats:
Existing:
Allowed:
36 indoor/12 outdoor
21 indoor12 outdoor
Hours of Operation:
Sunday through Thursday:
Friday and Saturday:
10:00 a.m. to 10:00 p.m.
10:00 a.m. to 11 :00 p.m.
..-
Staff Report - Planning Commission Meeting of June 13,2006
PLN2006-36 - 2089 S. Bascom Avenue
Page 2 of3
Surrounding Uses:
North:
South:
East:
West:
Commercial/Multi-Family Residential
Commercial
Commercial
Multi-Family Residential
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
on-sale beer and wine sales in conjunction with the Adriatic Cafe located at 2089 S. Bascom
Avenue. No expansion ofthe existing building is proposed.
Proiect Location: The project site is located on the west side of South Bascom Avenue, between
East Campbell Avenue and Apricot Avenue. The property is surrounded by a commercial use
and multi-family residential to the north, commercial to the south and east, and multi-family
residential to the west.
The existing cafe is located in Unit #2103 towards the rear of the property, adjacent to the rear
parking lot. The tenant space is very unique in that the front door of the business faces the rear
yard of two existing residential duplexes.
Background: The subject property is currently developed with a single-story, multi-tenant
commercial building, with underground parking, constructed in the early 1980's. There are
currently six tenant spaces in the building that are occupied by a flower shop, nail salon, hair
salon, billiard hall, the Adriatic Cafe, and one vacant tenant space.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is General
Commercial. The proposed beer and wine sales in conjunction with a restaurant is consistent
with this land use designation.
Zoning Designation: The zoning designation for the project site is C-2 (General Commercial).
The C-2 Zoning District allows beer and wine sales with approval of a Conditional Use Permit.
The proposed project would be consistent with the Zoning Ordinance with approval of a
Conditional Use Permit.
Correspondences: Staff has received correspondences from the adjacent property owner of the
residential duplexes, opposing the addition of beer and wine sales at the Adriatic cafe. The
existing outdoor patio area has caused significant disturbances to the adjacent residents of the
duplexes. After the Adriatic Cafe closes for business, the outdoor patio is being used by patrons
of the billiard hall, which is permitted to stay open until 2:00 a.m. The letters received outline
their concerns and are included as attachments # 4 and 5.
Outdoor Patio and Sveakers: An existing un-permitted outdoor patio is adjacent to the tenant
space, which accommodates four tables and twelve chairs, and also faces the rear yard of the
residential duplexes. Under Section 21.36.150 of the Zoning Code', the number of outdoor seats
that may be approved shall be ten percent of the total seating. The Cafe is allowed a total of 21
Staff Report - Planning Commission Meeting of June 13,2006
PLN2006-36 - 2089 S. Bascom Avenue
Page 3 of3
seats based on the approved parking ratio for the commercial center, therefore only permitting
two outdoor seats. However, based on the complaints received, staff is recommending that the
outdoor patio be removed (including removal of the tables, chairs, speakers, and metal railing)
and that permanent landscaping be installed.
Beer and Wine License: Businesses that offer on-sale beer and wine sales are required to obtain
a Conditional Use Permit. Issues for review by the Planning Commission include the
compatibility of the proposed use with the surrounding uses and properties, the potential over
concentration of similar liquor establishments, and the operational characteristics of the
requested use. The proposed on-sale beer and wine sales would be for consumption on site and
would not be available to take off site.
Due to the configuration of the project site and the close proximity to residential, staff is
recommending several conditions of approval to address the concerns raised by the adjacent
property owners, including: removal of the outdoor patio and speakers, a prohibition of outdoor
cooking and live entertainment, and a reduction to the number of seats inside the Cafe to comply
with the parking standards.
With the addition of the recommended conditions of approval, staff finds that the proposed on-
sale beer and wine sales is incidental to the cafe operation, is compatible with the surrounding
uses and properties within the area, and does not represent an over concentration of such
establishments.
Police Department Review: The Campbell Police Department has reviewed the application and
has no objections to the proposed beer and wine sales, with the addition of the recommended
conditions of approval.
Attachments:
1. Findings for Approval of File No. PLN2006-36
2. Conditions of Approval for File No. PLN2006-36
3. Applicant's Written Statement
4. Correspondence Received May 15, 2006
5. Correspondence Received May 22,2006
6. Exhibits
7. Location Map
Prepared by:
~cIIf~
Me inda M. Dems, Planner I
Approved by:
, Senior Planner
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2006-036
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2089 S. Bascom Avenue
Mr. Enes Dedic, on behalf of Adriatic Cafe
June 13, 2006
Findings for approval of a Conditional Use Pennit to allow beer and wine sales in coni unction
with an existing cafe on property located at 2089 S. Bascom Avenue.
The Planning Commission finds as follows with regard to file number PLN2006-36:
1. The proposed beer and wine sales in conjunction with a cafe is consistent with the General
Commercial General Plan land use designation.
2. The proposed beer and wine for a cafe will be compatible with the C-2 (General
Commerical) zoning designation with approval of a Conditional Use Pennit.
3. The project site consists of a 1,325 square foot cafe in an existing multi-tenant commercial
building.
4. The project site is located on the west side of South Bascom Avenue, between East Campbell
Avenue and Apricot Avenue. The property is surrounded by a commercial use and multi-
family residential to the north, commercial to the south and east, and multi-family residential
to the west.
5. The proposed project is consistent with other developments and uses in the surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the proposed beer
and wine sales.
7. The Police Department has not expressed a concern with the proposed project.
8. The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m. Sunday through
Thursday and 10:00 a.m. to 11 :00 p.m. Friday and Saturday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) ofthe California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consist,ent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Pennit approval, and complies with all other applicable provisions of this Zoning Code and
the Municipal Code.
Attachment # 1
Page 2 of2
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 oftraffic 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 ofthe 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 of beer and wine sales will not result in an over concentration of such uses
in the area.
8. The establishment of beer and wine sales, as conditioned, will not create a nuisance due to
litter, noise, traffic, vandalism, or other factors.
9. The establishment of beer and wine sales, as conditioned, will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood.
10. The establishment of beer and wine sales will not significantly increase the demand on City
servIces.
11. 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.
12. 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. PLN2006-36
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2089 S. Bascom Avenue
Mr. Enes Dedic, on behalf of Adriatic Cafe
June 13, 2006
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, 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
Planning Division
1. Approved Proiect: Approval is granted for a Conditional Use Permit (pLN2006-36) to allow a
beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) located at 2089 S.
Bascom Avenue. The project shall substantially conform to the revised plans received by the
Planning Division on May 17, 2006, and project description received on April 3, 2006, except
as may be modified by the conditions of approval contained herein.
.2. Conditional Use Permit 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 the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
3. Six-Month Review: The Planning Commission shall conduct a review of the Conditional Use
Permit upon the completion of six months of operation from the date of the Planning
Commission's approval. Additionally, the Planning Commission may review the Conditional
Use Permit based upon verified complaints filed with the Community Development Director.
4. 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.
5. Business Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 10:00
p.m. Sunday through Thursday and 10:00 a.m. to 11 :00 p.m. Friday and Saturday. The closing
time shall mean the business is closed and all employees have exited the building.
6. Cafe Seating: The maximum number of seats for the cafe shall be limited to 21 seats, based on
the approved parking ratio for the project site.
Attachment #2
Page 2 of3
7. Property Maintenance: The owner/operator of the subject property shall maintain all exterior
areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
8. Signage: No signage is approved as part of the development application approved herein. All
signage shall be installed and maintained consistent with the provision of the Sign Ordinance,
Chapter 21.30 of the Campbell Municipal Code.
9. Live Entertainment: No live entertainment is approved as part of the development application
approved herein, including live music, disc jockey, karaoke, and dancing.
10. Beer and Wine License: The applicant shall obtain a license for a Type 41 (On-Sale Beer and
Wine License for Bona Fide Public Eating Place) from the State Department of Alcoholic
Beverage Control prior to the sale of alcoholic beverages.
11. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or
the side parking lot areas. The business owner is responsible for monitoring the premises to
prevent loitering.
12. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall be parked and/or stored outside the building or within the
parking lot.
13. Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted on the
subject property.
14. Outdoor Patio and Speakers: The outdoor patio, including all tables, chairs, speakers, and
metal railing, shall be removed and replaced with permanent landscaping and irrigation. The
applicant shall submit plans to the Community Development Director for review and approval.
The tables, chairs, and speakers shall be removed within 14 days of final approval. The metal
railing shall be removed within 30 days of final approval, and the landscaping and irrigation
installed within 30 days thereafter.
15. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director may immediately modify the hours of operation and/or
limit the extended hours of operation, subject to the project being brought back to the
Planning Commission for review.
c. Front and Side Door: The front and side door to the business shall not remain in an open
position during business hours.
Attachment #2
Page 3 of3
16. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the
late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00
p.m. daily.
17. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 (Parking & Loading) ofthe Campbell Municipal Code.
~.
Attachment #3
Adriatic Cafe and Market
2089 S. Bascom Av.
Campbell, CA 95008
408-371-2200
City of Campbell
Planning Division
70 North First St.
Campbell, CA 95008
RECE~'/ED
APR 0 3 2006
C\TY OF CAMPBELL
PLANN\NG OEPT.
March 23, 2006
Dear Sirs:
I am hereby requesting that my Use Permit for Beer and Wine License be granted.
Recently, I purchased the Adriatic Cafe and Market at the above location, and it seems to
me that the addition of the Beer and Wine License would enhance my business potential.
Presently, Adriatic Cafe and Market is serving specialty food, mostly ethnic Bosnian and
Mediterranean food, and I gathered from the customer feedback that serving of beer and
wine at the premises would meet customer needs and requests.
Granting the permit would not introduce any new use of the building, since there are two
adjacent businesses that already serve beer and wine. This license would allow us to
serve beer and wine in the cafe that would accompany and enhance our menu. I do not
think that serving beer and wine would generate additional traffic, but it would certainly
meet my present clientele's needs.
Granting the permit would not disturb the neighbors. The premises are in a strictly
commercial surrounding, and most of the neighbors, except for the pizza parlor and a
billiard hall, are closed during the evening hours.
Our hours of operation would stay the same, which is set to be: Sunday-Thursday 10:00
A.M. to 10:00 P.M., and Friday and Saturday 10:00 A.M. to 11 :00 P.M. Having beer and
wine license would not in any way increase the noise level in our cafe, and it would not
require additional staffing. My wife and I will be perfectly capable of serving our
customers.
Enes Dedic
Attachment #4
1596 Cherry Glen Way
San Jose, CA 95125-4426
May 11, 2006
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City of Campbell Planning Commission
Attn: Ms. Melinda Denis
70 N. First Street
Campbell, CA 95008
Dear Ms. Denis and Planning Commission Members:
My wife and I are the owners of two duplexes located at 960-962 and 970-972 Michael
Drive in Campbell.
Located directly behind the two duplexes is a multi-tenant retail building. One of the
tenants in this multi-tenant building is the Adriatic Cafe and Market. They have been
operating at this location for approximately one year. The Adriatic Cafe and Market is
applying to the Planning Commission for a Conditional Use Permit to sell wine and beer
on their premises and to extend the operating hours on Friday and Saturday.
Adriatic Cafe & Market is located approximately fifty feet from the rear bedroom windows
of our two duplexes.
Although the "Adriatic Cafe and Marker name implies that it is a cafe and market it is in
reality a "restaurant I entertainmenr establishment that is open during the day but caters
primarily to a late-night crowd. In the summer time the doors are left open because of
the heat, dancing is taking place and loud music is blaring from within; and groups of
men and women congregate outside in a "patio" area to drink and converse.
Our tenants have told us that there are numerous instances during the past year when
loud noise emanating from this establishment has resulted in deprivation of sleep and an
inability to enjoy their evenings. They have told us that only a few of these disturbances
are reported to the Police Department because they don't want to place an undue
burden on the Police Department. It is only when the noise level gets unbearably loud
that the Police Department is called.
I have talked to the owner of the Adriatic Cafe and Market about the noise level on
several occasions. After our conversations the noise subsides but a short time
thereafter the noise is back to its original level.
Attachment #5
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1596 Cherry Glen Way
San Jose, CA 95125-4426
May 18, 2006
City of Campbell Planning Commission
Attn: Ms. Melinda Denis
70 N. First Street
Campbell, CA 95008
Re: Adriatic Cafe and Market
2089 S. Bascom Avenue
Dear Ms. Denis and Planning Commission Members:
I read with great interest the article (attached) that appeared in the May 17, 2006 edition
of The Campbell Reporter regarding the fair, balanced and reasoned approach taken by
the Campbell Planning Commission regarding Carrows Restaurant and the noise
emanating from the restaurant and parking lot.
Similar to the issues and concerns raised with the granting of a conditional use permit for
Carrows, my wife and I have similar issues and concems regarding the granting of a
conditional use permit for the Adriatic Cafe and Market that I detailed in my May 11,
2006 letter to you and the Planning Commission. (Although the conditional use permit
under review by the Planning Commission is only for the Adriatic Cafe and Market, we
have the same issues and concems with Champion Pool & Games located two doors
down in the same multi-tenant building).
I outlined in my May 11, 2006 letter to you and the Planning Commission the reasons we
feel a conditional use permit should not be granted to the Adriatic Cafe and Market.
Should our request be denied, the Planning Commission should carefully consider
conditions similar to those that resolved the Carrows dispute. Conditions to the use
permit that the Commission should carefully consider regarding the Adriatic Cafe and
Market indude:
· Establishment doors dosed at all times other than for ingress and
egress of patrons.
· No drinking or congregating at the "outside patio".
City of Campbell Planning Commission
Attn: Ms. Melinda Denis
May 18, 2006
Page 2
· Increase the height of the wall separating the multi-tenant building
from the residential area by a number of feet-said height to be
determined by qualified individuals-thereby reducing the noise that
carries over into the residential area.
. Place responsibility on the business owners to monitor and control the
drinking and noise coming from the parking lot.
. Increase police monitoring of businesses with increased monitoring on
Friday and Saturday nights.
· CLEAR DESCRIPTION TO BUSINESSES, OWNERS AND
TENANTS REGARDING MEANING OF "CONDITIONS" IN
CONDITIONAL USE PERMIT; GUIDELlNESlPROCEDURES FOR
REPORTING AND MONITORING VIOLATIONS OF
"CONDITIONS"; GUIDELINESlPROCEDURES FOR REQUESTING
WITHDRAWAL OF CONDITIONAL USE PERMIT FOR
CONTINUOUS VIOLATION OF USE PERMIT "CONDITIONS".
Based on approximately six years of experience with another tenant, Champion Pool
and Games, and approximately one year with Adriatic Cafe and Market we have been
playing on an uneven playing field in that repeated violations by the businesses that
tenants/owners reported to the police department go unanswered. We, as owners of the
residential properties, must accept partial blame for not requesting clear
guidelines/procedures on what constitutes a violation of the conditional use permit and
how to request the conditional use permit be withdrawn by the city for said violation. If
the Planning Commission can develop a process that is equally fair and clearly
understood by the businesses and ownersltenants regarding noise levels, etc., it would
go a long way to removing the adversarial relationship that exists today and would allow
both businesses and residents to live in a more harmonious environment.
Sincerely,
.t~b-)?1~
Frank Daile-Molle
Attachment - The Campbell Reporter Article