PC Res 2823RESOLUTION NO. 2823
BEING A RESOLUTION OF THE PLANNING COMMISSION O F
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT, AND A DOWNTOWN DEVELOPMENT PERMIT
ALLOWING ESTABLISHMENT OF A BEER AND WINE RETAIL
STORE ON PROPERTY LOCATED AT 428 EAST CAMPBELL
AVENUE, IN A C-3-S (CENTRAL BUSINESS) ZONING
DISTRICT; APPLICATION OF MR. CHRISTOPHER HOGAN, FILE
NO. UP 92-16/DDP 92-02.
After notification and Public Hearing as specified by law on the application of Mr.
Christopher Hogan allowing a Conditional Use Permit, and a Downtown
Development Permit allowing establishment of a beer and wine retail store on
property located at 428 East Campbell Avenue, in a C-3-S (Central Business)
Zoning District, as per the application filed in the Planning Department on
September 15, 1992; and, after presentation by the Planning Director, proponents
and opponents, the hearing was closed.
The Planning Commission, City of Campbell, finds as follows, with regard to File
No. UP 92-16/DDP 92-02:
The proposed specialty retail use is consistent with the objectives of the C-3-
S Zoning District and is a permitted use subject to a Conditional Use
Permit.
The proposed retail use does not represent an expansion, or intensification
of the previous retail use which occupied this building.
o
The proposed use is compatible with the surrounding commercial uses
which are in the general vicinity of the project.
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 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.
o
The proposed site is adequate in size and shape to accommodate the
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. 2823
adopted November 10, 1992, by the Planning Commission
page two
4. The proposed use is compatible with the uses in the area.
Approval is effective after ratification by City Council and is subject to the
following Conditions of Approval:
APPROVED PROJECT: This approval is for a specialty beer and wine retail
store of approximately 548 square feet. Approval shall substantially
conform to the following:
A) Project plans prepared by Richard Haro dated September 14, 1992
consisting of two sheets.
B) Applicant's business description consisting of two pages entitled.
"Micro Brew To You"
o
Signs: Sign application to be submitted in accordance with provisions of
the Sign Ordinance for all signs. No sign to be installed until application
is approved and permit issued by Planning and Building Departments
(Section 21.53 of the Campbell Municipal Code). (Planning)
o
Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
garbage, wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple family
dwellings, and all commercial, business, industrial, manufacturing, and
construction establishments. (Fire)
o
Trash Containers: Trash container(s) of a size and quality necessary to
serve the development shall be located in area(s) approved by the Fire
Department. If a commercial trash container is required, a trash enclosure
area will be required. Unless otherwise noted, enclosure(s) shall consist of
a concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers. (Fire)
o
Handicapped Requirements: Applicant shall comply with all appropriate
State and City requirements for the handicapped. (Building)
o
Equipment Screening: All mechanical equipment on roofs and all utility
meters to be screened for approval by the Planning Director. (Planning)
Resolution No. 2823
adopted November 10, 1992, by the Planning Commission
page three
o
Tenant Improvement Plans: Applicant to secure approval of tenant
improvement plans from the Campbell Building Division and the Santa
Clara County Health Department. (Building)
Exterior Modifications: Any exterior modifications to the elevations will
require review and approval by the Planning Director upon
recommendation for the Redevelopment Director.
Paved Areas: Property owner to provide a covenant obligating existing and
future property owner(s) to: 1) participate in the improvement and
maintenance of the service alley; and, 2) provide for mutual ingress and
egress easements for the service alley area, at such time as the City of
Campbell requires other property owners who share the service alley, to do
so. (Planning)
Further, the applicant is notified as part of this application that he is required to
comply with all applicable Codes and Ordinance of the City of Campbell and the
State of California which pertain to this development and are not herein
specified.
PASSED AND ADOPTED this 10th day of November 19921, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Higgins, Perrine, Dougherty, Wilkinson, Meyer-
Kennedy, Alne, Fox
None
None
APPROVED: .
ATTEST:
Steve Piasecki
Secretary