PC Res 3515RESOLUTION NO. 3515
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-68) TO ALLOW A BEER AND WINE LICENSE IN
CONJUNCTION WITH AN EXISTING DELI/CAFI~ (RUSSIAN TEA
HOUSE) ON PROPERTY OWNED BY MS. BARBARA
MORTKOWITZ LOCATED AT 2080-A S. BASCOM AVENUE IN A C-
2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO.
PLN2003-68.
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 PLN2003-68:
The proposed on-sale and off-sale of beer and wine within an existing caf6 and delicatessen
is consistent with the General Commercial land use designation of the General Plan and the
C-2-S (General Commercial) zoning designation for the site.
2. The proposed on-sale beer and wine license is incidental to the primary function of the
business as a caf6 and off-sale use is incidental to the delicatessen business.
The existing shared parking facilities of the multi-tenant buildings will adequately address
the parking needs of the subject business given that no additional seating will be added to the
caf6 with the addition of the on-sale beer and wine license.
4. The proposed on-sale and off-sale beer and wine license, subject to the conditions of
approval, is compatible with the adjacent land uses and the surrounding neighborhood.
5. The establishment of on-sale and off-sale beer and wine service will not result in an over
concentration of such uses in the area.
6. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
7. The establishment of a beer and wine license will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The caf6 with beer and wine service will not significantly increase the demand on City
services.
10. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the Califomia Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3515
PLN2003-68 -- 2080-A S. Bascom- Use Permit - Beer & Wine License
Page 2
The establishment of on-sale and off-sale beer and wine license, in conjunction with an
existing delicatessen and caf6 will aid in the enhancement and the harmonious development
of the immediate area. 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
o
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2003-68) to allow a beer and wine license in conjunction with an existing
deli/caf6 (Russian Tea House) on property owned by Ms. Barbara Mortkowitz located at 2080-A
S. Bascom 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 California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-68) to allow
an on-sale and off-sale beer and wine license in conjunction with an existing caf6 on property
located at 2080 S. Bascom Avenue. Approval shall substantially conform to the project
Planning Commission Resolution No. 3515
PLN2003-68 -- 2080-A S. Bascom- Use Permit - Beer & Wine License
Page 3
exhibits listed below, except as may be modified by the Conditions of Approval contained
herein.
A. Plot plan illustrating the location of the 1,210 square foot tenant space.
B. Applicant's project description.
Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the conditions of approval will result in the
Conditional Use Permit being void.
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
Liquor license: Applicant shall file and complete processing both an on-sale and off-sale
beer and wine license through the State of California Department of Alcoholic Beverage
Control, prior to the sale of any alcoholic beverages.
5. Hours of Operation: The hours of operation shall be restricted to: 6:00 a.m. to 11:00 p.m.
daily.
o
Liquor License: Approval of the Conditional Use Permit is valid only in conjunction with a
caf6 and delicatessen offering food service to the public. The applicant shall maintain both an
on-sale and off-sale beer and wine license with the California Department of Alcohol
Beverage Control.
PASSED AND ADOPTED this 8thday of .Jul3r 2003, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners: None
ABSENT: Commissioners: Doorley
ABSTAIN: Commissioners: None
ATTEST:
Alderete, Francois, Gibbons, Hemandez, Jones and Rocha
APPROVED:
- Sl~/~on Fierro, Secretary
p mand~