Loading...
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~