Loading...
PC Res 2822RESOLUTION NO. 2822 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL RATIFY PLANNING COMMISSION APPROVAL OF A USE PERMIT TO ALLOW AN OFF-SALE BEER AND WINE LICENSE, ON PROPERTY LOCATED AT 415 EAST CAMPBELL AVENUE, IN A C-3-S (CENTRAL BUSINESS) ZONING DISTRICT; APPLICATION OF MS. MAUREEN GRAY, ON BEHALF OF "A LITTLE SOMETHING SPECIAL", FILE NO. UP 92-17. After notification and Public Hearing as specified by law on the application of Ms. Maureen Gray approving a Use Permit to allow an off-sale beer and wine license on property located at 415 East Campbell Avenue, in a C-3-S (Central Business) Zoning District, as per the application filed in the Planning Department on October 16, 1992; 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 92-17. The sale of alcohol with gift baskets and balloon arrangements is incidental to the primary business activity of a gift shop. o Approval of this request will not result in an over concentration of businesses either selling or serving alcohol. o The proposed use is appropriate in a C-3 (Central Business) Zoning District which permits businesses to sell alcohol upon approval of a Conditional Use Permit. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 'The establishment will not result in an over concentration of such uses in the area. The establishment will not create a nuisance due to noise, litter, vandalism, traffic, or other factors. o The establishment will not significantly increase the demand on City Services. Based upon the above fin~iings, the Planning Commission recommends that the City Council approve the application subject to the following Conditions of Approval: Resolution 2822 October 27, 1992 Page -2- 1. Restrictions of Use Permit The off-site sale of alcohol is permitted only when included in gift baskets or balloon arrangements. On-site consumption of alcohol is prohibited. 2. Permit from State Alcohol Beverage Control Department This permit shall not become valid unit the necessary licenses or permits are obtained from the State Alcohol Beverage Control Department. 3. Payment of Fees This permit shall not become valid until the applicant pays development fees in the amount of $1,495, or the payment of fees is waived by the City Council. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances for 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 October 1992, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Commissioners: Commissioners: Commissioners: Steve Piasecki Secretary Alne, Perrine, Dougherty, Fox None Meyer-Kennedy, Higgins, Wilkinson APPROVE .'~ ~ ~ -Ch.~PeI°n r