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Use Permit - Tessora - 2008Community Development Department November 14, 2008 Ms. Kathy Pham Department of Alcoholic Beverage Control 100 Paseo de San Antonio, Room 119 San Jose, CA 95113 Re: Public Convenience and Necessity ~ Tessora's PLN 2008-97 ~ 1875 S. Bascom Avenue, Suite 560 Dear Ms. Pham: Please be advised that the Planning Commission at its meeting of July 22, 2008, adopted Resolution No. 3903 approving a Conditional Use Permit to allow a wine shop. The Planning Commission action identified a Type 42 liquor license which would allow both on and off sale of beer and wine. Condition No. 11 Liquor License: The applicant shall obtain a license for a Type 42 (On-Sale Beer and Wine License- Public Premises) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. The Planning Commission by this action found that approval of this use was a matter of public convenience and necessity. The Planning Commission has been designated as the decision making body for such applications. If you should have any questions regarding this decision, please do not hesitate to contact me at (408) 866-2144. Sincerely Tim J. Haley Senior Planner cc: Mr. Hamid Pouya, Tessora's, 5632 Ravenna Ct., San Jose, CA 951 l 8 Community Development Department August 5, 2008 Ms. Kathy Pham Department of Alcoholic Beverage Control 100 Paseo de San Antonio, Room 119 San Jose, CA 95113 Re: Public Convenience and Necessity ~ Tessora's PLN 2008-97 ~ 1875 S. Bascom Avenue, Suite 560 Dear Ms. Pham: Please be advised that the Planning Commission at its meeting of July 22, 2008, adopted Resolution No. 3903 approving a Conditional Use Permit to allow a wine shop with an off- sale beer and wine license at 1875 S. Bascom Avenue, Suite 560. The Planning Commission by this action found that approval of this use was a matter of public convenience and necessity. The Planning Commission has been designated as the decision making body for such applications. If you should have any questions regarding this decision, please do not hesitate to contact me at (408) 866-2144. Sincerely Tim J. Haley Senior Planner encl: Planning Commission Resolution No. 3903 cc: Mr. Hamid Pouya, Tessora's, 5632 Ravenna Ct., San Jose, CA 95118 Community Development Department July 23, 2008 Hamid & Carol Pouya 5632 Ravenna Court San Jose, CA 95118 Re: PLN2008-97 - 1875 S. Bascom Avenue -Use Permit - Tessora's Dear Applicant: Please be advised that at its meeting of July 22, 2008, the Planning Commission Adopted Resolution No. 3903 granting a Conditional Use Permit to allow a beer and wine license in conjunction with a wine shop (Tessora's) on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, August 1, 2008. 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, Tim J. Haley Senior Planner cc Jackie C. Young, Principal Planner Ed Arango, Associate Engineer Frank Mills, Building Division Chris Veargason, Fire Equity Office - CA Pruneyard LP (Property Owner) 1740 Technology Drive, #150 San Jose, CA 95110 • RESOLUTION NO. 3903 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN2008-97) TO ALLOW A BEER AND WINE LICENSE IN CONJUNCTION WITH A WINE SHOP (TESSORA'S) ON PROPERTY OWNED BY EQUITY OFFICE - CA PRUNEYARD LIMITED PARTNERSHIP LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION HAMID AND CAROL POUYA. FILE NO.: PLN2008-97. 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 PLN2008-97. 1. The proposed on-sale beer and wine sales in conjunction with a wine shop is consistent with the Commercial General Plan land use designation. 2. The proposed on-sale wine sales in conjunction with a retrial wine shop will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 973 square foot tenant space (Tessora's wine shop) within an existing shopping center and a patio area providing seating for eight. 4. The existing 3,892 parking spaces will adequately address the parking needs of the subject site and proposed use. 5. The project site is 27.2 acres located on the west side of Bascom Avenue, between Campisi Way and East Campbell Avenue. The property is surrounded by mixed use commercial/residential uses on the north and commercial uses to the east and south and the Los Gatos Creek and Hwy 17 to the west. The subject tenant space is located on the north side of the Pruneyard Shopping Center, between EI Burro Restaurant, the Pruneyard Inn, and Salon Rache. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. Minor modifications to the building are proposed in conjunction with the proposed beer and wine sales. 8. The business hours shall be restricted to: Hours: 2:00 p.m. to 10:00 p.m., Tuesday through Thursday 12:00 noon to 11:00 p.m., Friday and Saturday 1:00 p.m. to 5:00 p.m., Sunday Planning Commission Reso• n No. 3903 PLN2008-97 - 1875 S. Bascom Avenue -Use Permit -Beer & Wine License (Tessora's) Page 2 9. The hours of operation shall be restricted to 6 a.m. to 11:00 p.m., Monday through Sunday. 10. 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: 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 establishment of wine sales will not result in an over concentration of such uses in the area. 6. The establishment of wine sales, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 7. The establishment of wine sales, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 8. The establishment of wine sales will not significantly increase the demand on City services. 9. 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. 10. 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. Planning Commission Resolu~ion No. 3903 PLN2008-97 - 1875 S. Bascom Avenue -Use Permit -Beer & Wine License (Tessora's) Page 3 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN2008-97) to allow a beer and wine license in conjunction with a wine shop (Tessora's) on property owned by Equity Office-CA Prunyeard Limited Partnership located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Where approval by the Director of Community Development, City Director, City Attorney or Fire Department is required, that review with all applicable conditions of approval, adopted policies and laws and regulations and accepted engineering practices for Additionally, the applicant is hereby notified that he/she is req~ applicable Codes or Ordinances of the City of Campbell and the pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Engineer, Public Works shall be for compliance guidelines, ordinances, :he item under review. aired to comply with all State of California that 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. Conditions Accepted by Applicant: (Signature) (Date) 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-97) to allow on-sale wine sales in conjunction with a retail wine shop use (Tessora's) located at 1875 S. Bascom Avenue, Suite 560. The project shall substantially conform to the project plans and project description received by the Planning Division on June 10, 2008, except as may be modified by the conditions of approval contained herein. a. Business description depicting a retail wine shop of 973 square feet allowing wine tastings, retail sale of wines and gift baskets, and small appetizer plates. b. Project plans dated June 6, 2008, prepared by Structech Consulting Engineers. Planning Commission Resoiu~ion No. 3903 PLN2008-97 - 1875 S. Bascom Avenue -Use Permit -Beer & Wine License (Tessora's) Page 4 3. 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. 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 Hours: The hours of operation shall be restricted to: Hours: 2:00 p.m. to 10:00 p.m. Tuesday through Thursday 12:00 noon to 11:00 p.m. Friday and Saturday 1:00 p.m. to 5:00 p.m. Sunday The end time of business hours shall mean the business is closed to the public. 6. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m., Monday through Sunday. 7. Restaurant Seating: The maximum number of seats for the retail shop shall be limited to the existing 12 interior seats and 8 exterior seats. 8. 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. 9. 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. 10. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 11. Liquor License: The applicant shall obtain a license for a Type 42 (On-Sale Beer and Wine License- Public Premises) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 12. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. Planning Commission Resolution No. 3903 PLN2008-97 - 1875 S. Bascom Avenue -Use Permit -Beer & Wine License (Tessora's) Page 5 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. 13. 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. 14. Parking and Driveways: 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 22"d day of July, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED ._ ATTEST: ~'n aron Fierro, Secretary ~a Bob Roseberry, C it