PC Res 3434RESOLUTION NO. 3434
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2002-43) TO A PREVIOUSLY APPROVED CONDITIONAL
USE PERMIT FOR THE WINE LIBRARY TO ALLOW THE
EXPANSION OF THE INTERIOR TASTING AREA FROM 100 TO
400 SQUARE FEET, APPROVAL TO SERVE WINE IN A DEFINED
OUTDOOR SEATING AREA ADJACENT TO THE CAMPBELL
AVENUE ENTRANCE ACCOMMODATING 10 TO 12 SEATS
AND ESTABLISHMENT OF A REAR SMOKING/PATIO AREA
ON THE PROPERTY OWNED BY MR. JEFF WYATT 379 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. APPLICATION OF MR. ALAN
GRAGNANI AND MR. GEORGE LOPEZ, ON BEHALF OF THE
WINE LIBRARY. FILE NO. PLN2002-43.
After notification and public hearing, as specified by law, and after presentation by the
Community Development 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 application PLN2002-43:
1. The proposed on and off-sale beer and wine license is consistent with the commercial land
use designation of the General Plan and the C-3-S (Central Business District) zoning
designation for the site with approval of a Conditional Use Permit.
2. The proposed retail business with an on and off sale beer and wine license is compatible with
the surrounding development and uses.
3. The proposed addition of an on and off-sale beer and wine license does not represent an
intensification of a permitted retail use in this building.
The proposed site is adequate in size and shape to accommodate commercial improvements
and other development features required in order to integrate the proposed use into the
surrounding area.
5. The proposed beer and wine license provides for the public necessity and convenience by
providing the sale of specialty wines and other products associated with this retail business.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resomtion No. 3434
PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - The Wine Library
Page 2
1. The establishment will not result in an over concentration of such uses in the area;
2. The establishment will not create a nuisance due to noise, litter, vandalism, traffic and other
factors;
3. The establishment will not significantly disturb the peace and enjoyment of the nearby
neighborhood.
4. The establishment will not significantly increase the demand on city services, and
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The establishment, maintenance, or operation of the use 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2002-43) to a previously-approved Conditional Use Permit for The Wine
Library to allow the expansion of the interior tasting area from 100 to 400 square feet, approval
to serve wine in a defined outdoor seating area adjacent to the Campbell Avenue entrance
accommodating 10 to 12 seats and establishment of a rear smoking/patio area on property owned
by Mr. Jeff Wyatt at 379 E. Campbell Avenue, subject to the following conditions:
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 Califomia that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin~ Division
Approved Project: Approval is granted for a Modification (PLN 2002-43) to a previous
Conditional Use Permit (PLN 2001-108) to allowing the establishment of an on and off sale
beer and wine license in conjunction with a retail wine sales business on property located at
379 E. Campbell Avenue. Approval shall substantially conform to the project exhibits listed
below, except as may be modified by the Conditions of Approval contained herein:
A. Floor plan of Wine Library dated April 30, 2002.
Planning Commission Resomdon No. 3434
PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - The Wine Library
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B. Applicant's project description received April 19, 2002 of retail wine sales business
with incidental wine tasting.
2. Hours of Operation: Business hours shall be restricted to the following:
Daily 9:00 a.m. to 11:00 p. m
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Restriction of tasting/sales area: Alcohol tasting area for on-site consumption to be restricted
to 406 square feet or 30 percent of the interior floor area as shown on the approved floor plan
and an outside seating area of 130 square feet. The primary floor space and business use shall
be for the retail sale of wine and wine accessories for off-site consumption.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
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Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure(s) necessary to serve the proposed use to the
Planning Division for review and approval by the Community Development Director prior to
the issuance of building permits for the project. The design of the enclosure shall be
compatible with the building and shall meet the requirements of Section 6.04.080 of the
Campbell Municipal Code.
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Conditional Use Permit Approval Expiration: The modification to Conditional Use Permit
approval shall be valid for one year from the date of final approval. Within this one-year
period either (1) a building permit must be obtained, and construction completed one year
thereafter; or (2) the use must be established on the property (if no building permit is
required). Failure to complete (1) or (2) above will result in the Conditional Use Permit being
void.
7. State Licensing: Prior to the establishment of alcohol sales, applicant to obtain necessary
licensing from the California State Department of Alcohol and Beverage Control.
Buildin~ Division
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Permit required: A building permit application shall be required for the proposed occupancy.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
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PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - The Wine Library
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10. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
11. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
12. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
13. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Non-point source Pollution: The City of Campbell, standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16. Title 24 Accessibility-Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
17. Title 24 Accessibility-Commercial: Projects seeking to use the Title 24 Hardship exemption
clause shall blue-line completed, City of Campbell "20%" exemption form on submitted
construction plans. Form is available at Building Division service counter.
18. Approval required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
Planning Commission Resin-don No. 3434
PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - The Wine Library
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Police Department
19. Designated Driver Program: The applicant shall submit for approval to the Police
Department a designated driver program as required by section 21.26.030(8) of the Campbell
Municipal Code.
PASSED AND ADOPTED this 28th day of May, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons and Jones
None
Hernandez
None
To{n Fr~ - ~ - a~cois, Chai~
/Sharon Fierro, Secretary