CC Resolution 12073RESOLUTION NO. 12073
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION DETERMINATION THAT A
NONCONFORMING USE (LIQUOR ESTABLISHMENT) HAD
DISCONTINUED FOR A CONTINUOUS PERIOD OF SIX-MONTHS
(PLN2016-293), THEREBY LOSING ITS VESTED RIGHT TO
CONTINUE OPERATION ON PROPERTY LOCATED, AT 260 E.
CAMPBELL AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to the discontinuation of a nonconforming use
(PLN2016-293):
Environmental Finding
1. The project is Categorically Exempt ..under Section 15321(a) of the California
Environment Quality Act (CEQA), pertaining to enforcement actions by regulatory
agencies to enforce or revoke an entitlement for a use issued, adopted or prescribed by
the regulatory agency.
Evidentiary Findings
2. The project site is located at 260 E. Campbell Avenue, Campbell CA 95008.
3. The project site is located on the south side of E. Campbell Avenue, east of S. Second
Street and west of S. First Street.
4. The subject property is zoned C-3 (Central Commercial) and has a General Plan Land
Use Designation of Central Commercial.
5., The Cardiff Lounge, under different ownership and name, had continuously operated as
a bar in its present location since the 1960's, before the enactment of the current zoning
ordinance.
6. On July 23, 1979, the City Council approved (by minute action) UP 79-16 for 260 and
266 E. Campbell Avenue allowing for the remodel of 266 E. Campbell Avenue.
7. On November 28, 1988, the City Council approved aCity-Initiated zone change of the
Downtown Core Area to C-3, thereby enacting requirements for liquor establishments to
be approved by a Conditional Use Permit.
8. On December 14, 2004, the Planning Commission adopted Resolution No. 3618
approving a Conditional Use Permit to allow late night activities and live entertainment in
association with the existing bar.
City Council Resolution No.
Determination of Discontinued Use (PLN2016-293)
Paae 2 of 3
9. A bar is defined as a liquor establishment pursuant to CMC21.72.020.L. Definitions, "L.".
and means a retail activity that is primarily devoted to the selling of alcoholic beverages
as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
10. The C-3 zoning district requires a Conditional Use Permit to establish a liquor
establishment.
11. While both Use Permits, UP 79-16 and PLN2004-63, serve to acknowledge the
presence of the existing bar, neither serves to establish a Use Permit for the operation of
a liquor establishment.
12. The liquor establishment, therefore, existed as a nonconforming use due to a lack of a
Conditional Use Permit.
13. The evidence (e.g. sales receipts, emails, payroll documents, coordination with ABC)
shows that the operators have been exercising an intent to continue operation of the
liquor establishment.
14. Pursuant to CMC 21.10.60.E (Nonconforming uses and structures in the C-3- (Central
Business District) zoning district: Whenever a nonconforming use has been abandoned
or discontinued for a continuous period of six months, the nonconforming use shall not
be reestablished, and the use of the structure and site shall comply with the regulations
for the C-3 zoning district.
15. The City of Campbell lacks a codified definition for what constitutes an `abandoned' or
`discontinued' use.
16. The City of Campbell lacks a codified definition for what constitutes a 'month'.
17. Campbell Municipal Code Section 21.72.10 provides that when a word is not defined,
the most common dictionary definition is presumed to be correct.
18. Merriam-Webster defines `Abandoned' as: given up: left empty or unused <abandoned
houses>.
19. Merriam-Webster defines 'Discontinue' as: to break the continuity of: cease to operate,
administer, use, produce or take.
20. Merriam-Webster defines 'Month' as: a measure of time corresponding nearly to the
period of the moon's revolution and amounting to approximately 4 weeks or 30 days or
'/z of a year.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
21. Cardiff & Cocktails did not discontinue operation of the liquor establishment for a
continuous period of six months.
City Council Resolution No.
Determination of Discontinued Use (PLN2016-293)
Page 3 of 3
THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution approving an
appeal and overturning the Planning Commission determination that a nonconforming use
(liquor establishment) had discontinued for a continuous period of six-months (PLN2016-
293), thereby losing its vested right to continue operation at 260 E. Campbell Avenue; and
the Council further recognizes that the use (bar/liquor establishment) is non-conforming and
that the previously approved Use Permits (PLN2004-63 & UP 79-16) do not serve to
establish any vested rights to the operation of a bar or liquor establishment as an approved
conditional use; and this action shall be subject to the attached requirements (attached
Exhibit A).
PASSED AND ADOPTED this 1 st day of November, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: 6~ ~ ' ~~-
Ja on T. Baker, Mayor
ATTEST: - (~ d
Wendy od, City Clerk
EXHIBIT A
Determination of Discontinued Use (PLN2016-293)
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
Sign: The `Open' sign on the front fagade shall be removed within fourteen (14)
calendar days. Please be advised that this sign had been installed without the benefit of
a building permit and does not comply with the C-3 (Central Business District) sign
requirements (which prohibit exposed neon lighting).
Building Permits: The Building Division shall conduct an inspection to determine whether
or not building permits are required for the recent tenant improvements (e.g.
reconstructing the bar), and require the operator to obtain building permits for the work
performed if required.