PC Res 2848RESOLUTION NO. 2848
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW AN OFF-SALE BEER AND WINE SALES
ON PROPERTY LOCATED AT 811 W. HAMILTON AVENUE IN
A P-D (PLANNED DEVELOPMENT/COMMERCIAL) ZONING
DISTRICT. FILE NO. UP 93-03
After notification and public hearing as specified by law on the application of
Mr. Masoud Tayebi for approval of a Conditional Use Permit to allow an off-
sale beer and wine sales on property located at 811 W. Hamilton Avenue in a
P-D (Planned Development/Commercial) Zoning District, as per the
application filed in the Planning Department on February 24, 1993; and, after
presentation by the City Staff, proponents and opponents, the hearing was
closed.
After due consideration of all evidence presented, the Planning Commission
finds as follows with regard to File No. UP 93-03:
The use is compatible with the existing uses in the shopping center and
with the uses in the general vicinity.
The site provides adequate on-site parking to service the proposed retail
use.
o
The sale of beer and wine represents a minor portion of the proposed
specialty store's retail sales operation.
Based upon the foregoing findings of fact, the Planning Commission further
finds and 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
yards, wall, fences, parking and loading facilities, landscaping and other
development features required in order to integrate 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. 2848
UP 93-03 -- 811 W. Hamilton Avenue -- M. Tayebi
Adopted on April 27, 1993
Page 2
4. The proposed use is compatible with the uses in the area.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed. The applicant is notified as part of this
application that he is required to comply with the following Conditions of
Approval:
USE PERMIT
1. Permitted Use: The Use Permit is to allow a general off-sale beer and
wine sales, in conjunction with a 1,000 square foot specialty food store, as
outlined in the business description submitted by the applicant, dated
April 23, 1993. (Planning)
a. Hours of Operation: 8:00 a.m. - 11:00 p.m. - Daily
o
Liquor License: The applicant shall obtain an off-sale beer and wine
license and comply with all necessary requirements set forth by the
Department of Alcoholic Beverage Control. (Planning)
BUILDING DIVISION
3. Applicant to obtain all necessary building permits for tenant
improvements.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 27th day of April, 1993, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Commissioners: Fox, Perrine, Akridge, Lindstrom, Meyer-
Kennedy, Wilkinson, Alne
Com~s~-- &None
Steve Piasec i, Se~r~t~r~y