PC Res 3446RESOLUTION NO. 3446
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL DENYING A CONDITIONAL
USE PERMIT (PLN2002-56) TO ALLOW THE
ESTABLISHMENT OF A CONVENIENCE STORE AND OFF-
SALE GENERAL LIQUOR SALES WITHIN AN EXISTING
SHOPPING CENTER ON PROPERTY OWNED BY RALPH
AND TERESA RAABE LOCATED AT 915 S. SAN TOMAS
AQUINO ROAD IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. HAMID
HEYDARIAN. FILE NO. PLN2002-56.
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 PLN2002-56:
o
It is not desirable to have three liquor establishments within 200 feet of each other
located in a predominately residential neighborhood.
The project site has a net area of 23,986 square feet and is developed with a 7,410 square
foot multi-tenant commercial building.
3. The proposed use would occupy 1,800 square feet of an existing 7,410 square foot
commercial building located within a residential neighborhood.
The establishment of a convenience store with off-sale general liquor sales would result
in an over concentration of such uses in the area due the location of an existing
convenience store across the street that has an off-sale beer and wine license and an
existing restaurant within the same shopping center that has an on-sale beer and wine
license.
o
The establishment of a convenience store with off-sale general liquor sales would create a
nuisance due to noise, vandalism, and personal and property crimes based on police
records of the same business located at 1277 W. Hacienda Avenue and given the close
proximity to the existing convenience store across the street from the subject site with
off-sale liquor sales.
The establishment of a convenience store with off-sale general liquor sales would
significantly disturb the peace and enjoyment of the nearby residential neighborhoods
due to an over concentration of such alcohol related uses in the area and based on police
records of the same business located at 1277 W. Hacienda Avenue.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Reso,ution No. 3446
PLN2002-56 - Denial of Conditional Use Permit
McGoon's Grog Shop-915 S. San Tomas Aquino Rd.
Page 2
The establishment, maintenance, or operation of the use applied for will 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 detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would significantly disturb the peace and enjoyment of nearby residential neighborhoods.
The proposed use is not compatible with the residential uses in the area.
The establishment will result in an over concentration of such uses in the area.
The establishment will create a nuisance due to noise, vandalism, personal or property
crimes, or other factors.
5. The establishment will significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies a Conditional
Use Permit (PLN2002-56) to allow the establishment of a convenience store and off-sale general
liquor sales within an existing shopping center on property owned by Ralph and Teresa Raabe
located at 915 S. San Tomas Aquino Road.
PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Doorley, Gibbons, Hernandez and Jones
Commissioners: Alderete and Francois
Commissioners: None
Commissioners: None
APPROVEf'~~., ~.~
Tom' F d ic oi Chai --a
Sharon Fierro, Secretary