PC Res 3346RESOLUTION NO. 3346
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING A MODIFICATION TO A
CONDITIONAL USE PERMIT EXTENDING THE ALLOWABLE
HOURS FOR ON-SALE BEER AND WINE SALES IN CONJUNCTION
WITH AN EXISTING BILLIARD ESTABLISHMENT (CHAMPIONS
POOL & GAMES) TO 1:30 A.M. ON PROPERTY LOCATED AT 2097
S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. COMMISSION ACTION INSTEAD REVERTS
THE ALLOWABLE HOURS FOR ON SALE BEER AND WINE SALES
TO 11 P.M. SUNDAY THROUGH THURSDAY AND TO 1:30 P.M. ON
FRIDAYS AND SATURDAYS. APPLICATION OF MR. PHIL
SCHLAEFER. FILE NO. PLN2000-152.
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 PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours after 11
p.m. is a permitted use in the C-2-S zoning district with an approved Use Permit.
2. A billiard/arcade is consistent with the Commercial General Plan land use designation shown
for this site.
3. The sales of beer and wine are incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade, and late night hours of operation present compatibility
problems with the adjacent land uses and the surrounding neighborhood, and therefore the
hours should not be extended.
6. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not result in an over concentration of such uses
in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not significantly increase the demand on city
services.
Planning Commission Res6~,tion No. 3346
Pin2000-152 - 2097 S. Bascom Avenue - Modification to On Sale Beer and Wine Sales Hours
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday 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.
2. The 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 site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Hemandez, Jones and Lowe
Francois, Gibbons and Lindstrom
None
None
APPROV ·