PC Res 3354RESOLUTION NO. 3354
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2001-50) TO ALLOW A GENERAL OFF-SALE
LIQUOR LICENSE FOR THE EXISTING BUSINESS LOCATED AT
1712 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR.
EFIM BRISKER. FILE NO. PLN2001-50.
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 PLN2001-50:
The proposed general off-sale liquor license is consistent with the commercial land use
designation of the General Plan and the C-2-S (General Commercial) zoning designation for
the site with approval of a Use Permit.
2. The existing caf6 and delicatessen with a general off-sale liquor license is compatible with
the surrounding development and uses.
°
The proposed addition of a general off-sale to the caf6 and delicatessen does not represent an
expansion of the existing use and the current on site improvement have addressed the parking
and landscaping needs of the property.
The proposed general off-sale liquor license provides for the public necessity and
convenience by providing the sale of specialty wines, Vodkas, Cognac and other products
associated with the existing caf6 and delicatessen.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The establishment will not result in an over concentration of such uses in the area;
2. The establishment will not create a nuisance due to noise, litter, vandalism, traffic other
factors;
3. The establishment will not significantly disturb the peace and enjoyment of nearby the
residential neighborhood.
4. The establishment will not significantly increase the demand on city services.
Planning Commission Resomtion No. 3354
PLN2001-50-1712 S. Winchester Boulevard - Use Permit/Off Sale Liquor License
Page 2
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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, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Project: Approval is granted for a Use Permit (PLN 2001-50) to allow the
establishment of a general off-sale liquor license in conjunction with an existing caf6 and
delicatessen on property located at 1712 S. Winchester Blvd. Approval shall substantially
conform to the project exhibits listed below, except as may be modified by the Conditions of
Approval contained herein:
A. Site plan of the shopping center indicating the restaurant and bar tenant space location.
B. Floor plan of the cafe and delicatessen tenant space.
C. Applicant's letter of request dated March 20, 2001.
2. Hours of Operation: The hours the caf6 and delicatessen is open to the public shall be
restricted to the following:
Daily: 8:00 a.m. to 8:00 p.m.
3. Restriction of sales area: Alcohol sales to be restricted to 350 square feet of the existing 700
square foot retail area in the existing delicatessen business.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
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Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure(s) to the Planning Division for review and
approval by the Community Development Director prior to the issuance of building permits
Planning Commission Resomtion No. 3354
PLN2001-50-1712 S. Winchester Boulevard - Use Permit/Off Sale Liquor License
Page 3
for the project. The design of the enclosure shall be compatible with the building and shall
meet the requirements of Section 6.04.080 of the Campbell Municipal Code.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period either (1) a
building permit must be obtained, and construction completed one year thereafter; or (2) the
use must be established on the property (if no building permit is required). Failure to
complete (1) or (2) above will result in the Conditional Use Permit being void.
State Licensing: Prior to the establishment of alcohol sales applicant to obtain necessary
licensing from the California State Department of Alcohol and Beverage Control.
Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director for compliance with all applicable conditions of approval,
ordinances, laws and regulations. Landscape and irrigation plans shall be consistent with the
City's Water Efficient Landscaping Standards (WELS). The plans must also incorporate the
following:
a. Provision of container plantings adjacent to the building entrance. Planting containers to
have standard shrubs and seasonal color.
b. Planting area along street frontage to provide screening shrubs to soften the appearance
of the parking area. All shrubs shall be minimum 5-gallon containers.
c. Landscaping plan to provide a variety of shrubs and ground cover.
10. Parking and Driveways: Applicant to install new striping of parking spaces in the parking
area consistent with the presented site plan:
a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the
Campbell Municipal Code.
b. The applicant shall provide a disabled parking space and ramp at the building entrance.
11. Painting Building: Building walls and trim to be repainted within 60 days of approval. Applicant to
submit color sample palette for review and approval of the Community Development Director if a
change in the existing building color is proposed.
PASSED AND ADOPTED this 12th day of June, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Hemandez, Jones and Lindstrom
Lowe
Gibbons
None
Planning Commission Reso~-tion No. 3354
PLN2001-50-1712 S. Winchester Boulevard - Use Permit/Off Sale Liquor License
Page 4
ATTEST:
Sharon Fierro, Secretary
APPROVED:
Mel Li , Chair