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PC Res 2708RESOLUTION NO. 2708 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING A MODIFICATION TO A PREVIOUSLY APPROVED USE PERMIT (UP 82-6) TO ALLOW THE SALE OF BEER AND WINE UNTIL THE HOUR OF 2:00 A.M., ON PROPERTY LOCATED AT 2015 SOUTH WINCHESTER BOULEVARD (APPLICATION OF MR. I. C. CRAWL, M 90-19). After notification and Public Hearing as specified by law on the application of Mr. I. C. Crawl, for a modification to a previously approved Use Permit to allow adjustment of hours for the sale of beer and wine until the hour of 2:00 a.m., on property located at 2015 South Winchester Boulevard in a C-2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on October 4, 1990; 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: The existing mini-mart has been in operation for a number of years and the sale of beer and wine from this location has not presented a problem. The Police Department has indicated that they do not object to the change in the Condition of Approval to permit extended hours of operation. Other mini-market businesses have been permitted in the City without any limitation on the hours of liquor sales other than those imposed by the State of California. The operation of the mini-market does not adversely impact any residential neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment, maintenance, or operation of the use applied for 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. The proposed site is adequate in size and shape to accommodate the yards, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with the uses in the surrounding area. Resolution No. 2708 M 90-19 - 2015 South Winchester Boulevard page two The proposed site is adequately served by streets of sufficient capacity tot carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses on the areas. Based upon the above findings, the Planning Commission does hereby grant the requested Modification to the Use Permit, subject to the following conditions: 1. Applicant to comply with the requirements of the State of California Department of Alcoholic Beverage Control. Applicant to remove non-approved signs within the days of approval of this application. Applicant to work with the Staff to add two 24 inch box Redwood trees and replace the ground cover to improve the on-site landscaping at this location. Applicant shall submit a security plan for approval of the Planning Director upon recommendation of the Police Department. The applicant is notified as part of this application that he is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 13th day of November 1990, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Higgins, Dougherty, Wilkinson, Meyer None. Alne, Perrine and Fox ATTEST: Steve Piasecki Secretary APPROVED: J. P. Meyer-Kennedy Chairperson