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PC Res 2918RESOLUTION NO. 2918 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING AN OFF SALE BEER AND WINE LICENSE, OUTDOOR SEATING AND OPERATIONAL HOURS TO 10 P.M. FOR BREAD OF LIFE, AN EXISTING GROCERY STORE/DELI LOCATED AT 1690 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR FRANK ASHTON. FILE NO. UP 94-03. After notification and Public Hearing as specified by law on the application of the Mr. Frank Ashton, on behalf of Bread of Life, to approve a Conditional Use Permit allowing an off sale beer and wine license, outdoor seating and operational hours to 10 p.m., and after presentation by the Planning 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 No. UP 94-03: The proposed grocery store/deli is permitted in the C-2-S (General Commercial) Zoning District. The provision of 20 seats outside the deli will not be detrimental to the shopping center and will contribute to the aesthetic appearance of the center. o The parking analysis concludes that the shopping center has adequate parking for the proposed use. o The sale of beer and wine at this location is incidental to the main grocery operation and is found to be compatible to other uses in the shopping center. Based upon the foregoing findings of fact, the Planning Commission concludes that: The establishment, maintenance, or operation of the use applied for 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, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed site is adequate in size and shape to accommodate the said use with uses in the surrounding area. o The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Resolution No. 2918 UP 94-03 --1690 S. Bascom Avenue Adopted on May 24, 1994 Page 2 4. The proposed use is compatible with the uses in the area. Further, the applicant is 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. The lead department with which the applicant will work is identified on each condition. 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. APPROVED USE 1. Approved Use: This approval is for a beer and wine license and outdoor seating for an existing grocery store/deli located on a site identified as Assessor's Parcel Number 288-11-056. Use shall substantially conform to the applicant's description. Hours of Operation: Hours of operation to be limited to 7 a.m. to 10 p.m. daily. o Beer and Wine License: Beer and wine license to be restricted to off sales only. (Planning). Outside Seating Design' Applicant to submit design of outside seating and umbrellas for approval of the Planning Director. Seating area to be restricted to approximately 600 square feet in area. (Planning) o Clearance Space: Maintain a 48-inch wide clear space at all times at the sidewalk and at the entry/exit from the building. (Building) Lighting: Provide a lighting plan if outdoor seating is designed to be used after dark. (Building) o Maintenance: Applicant to maintain outside seating area in a clean and sanitary condition at all times. Applicant is responsible for the appropriate clean-up and the provision of trash receptacles to service the outside seating area. o ABC License: Applicant to obtain any and all licenses/approvals from the State of California, Department of Alcoholic Beverages Control. Resolution No. 2918 UP 94-03 --1690 S. Bascom Avenue Adopted on May 24, 1994 Page3 PASSED AND ADOPTED this 24th day of May, 1994, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Kearns, Lindstrom, Meyer- Kennedy, Perrine NOES: Commissioners: None \ r'~ f~ ABSENT: Commissioners: Lowe ~lJ / ~ ^ee~ov~:-~~ ~- ~ //.~./_.//// -. Jay P~rine, Chairperson ATTE, ST:.~/~~. ~.~ ~-~ Stev-"~bias'~cl~i, Secret~ry