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PC Res 3728 RESOLUTION NO. 3728 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-36) TO ALLOW BEER AND WINE SALES IN CONJUNCTION WITH AN EXISTING CAFE (ADRIATIC CAFE) ON PROPERTY OWNED BY GALlLEI PROPERTIES LOCATED AT 2089 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. ENES DEDIC, ON BEHALF OF ADRIATIC CAFE. FILE NO: PLN2006-36. 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 PLN2006-36: 1. The proposed beer and wine sales in conjunction with a cafe is consistent with the General Commercial General Plan land use designation. 2. The proposed beer and wine for a cafe will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 1,325 square foot cafe in an existing multi-tenant commercial building. 4. The project site is located on the west side of South Bascom Avenue, between East Campbell Avenue and Apricot Avenue. The property is surrounded by a commercial use and multi-family residential to the north, commercial to the south and east, and multi-family residential to the west. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed beer and wine sales. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11 :00 p.m. Friday and Saturday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3728 PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe Page 2 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The establishment of beer and wine sales will not result in an over concentration of such uses in the area. 8. The establishment of beer and wine sales, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment of beer and wine sales, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 10. The establishment of beer and wine sales will not significantly increase the demand on City services. 11. 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. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3728 PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-36) to allow beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) on property owned by Galilei Properties located at 2089 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. 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 Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2006-36) to allow a beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) located at 2089 S. Bascom Avenue. The project shall substantially conform to the revised plans received by the Planning Division on May 17, 2006, and project description received on April 3, 2006, except as may be modified by the conditions of approval contained herein. 2. 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 the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Six-Month Review: The Planning Commission shall conduct a review of the Conditional Use Permit upon the completion of six months of operation from the date of the Planning Commission's approval. Additionally, the Planning Commission may review the Conditional Use Permit based upon verified complaints filed with the Community Development Director. 4. 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. 5. Business Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11 :00 p.m. Friday Planning Commission Resolution No. 3728 PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe Page 4 and Saturday. The closing time shall mean the business is closed and all employees have exited the building. 6. Cafe SeatinQ: The maximum number of seats for the cafe shall be limited to 21 seats, based on the approved parking ratio for the project site. 7. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 8. SionaQe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 9. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 10. Beer and Wine License: The applicant shall obtain a license for a Type 41 (On-Sale Beer and Wine License for Bona Fide Public Eating Place) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 11. Loiterinq: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 12. Outdoor Storaoe: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 13. Outdoor Cookino: No outdoor cooking, including portable barbeques, is permitted on the subject property. 14. Outdoor Patio and Speakers: The outdoor patio, including all tables, chairs, speakers, and metal railing, shall be removed and replaced with permanent landscaping and irrigation. The applicant shall submit plans to the Community Development Director for review and approval. The tables, chairs, and speakers shall be removed within 14 days of final approval. The metal railing shall be removed within 30 days of final approval, and the landscaping and irrigation installed within 30 days thereafter. 15. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Planning Commission Resolution No. 3728 PLN2006-36 - 2089 S. Bascom Avenue - Use Permit - Adriatic Cafe Page 5 b. Noise Manaqement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Side Door: The front and side door to the business shall not remain in an open position during business hours. d. Repair of Roof Fan: Applicant to repair the roof fan to correct noise impacts on adjacent residences. 16. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 17. ParkinQ and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. PASSED AND ADOPTED this 13th day of June, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None APPROVED~~Sk Bob Alderete, Chair ....., NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: l ~,"",-" ,.,.:..,-'.~" ATTEST: /~~</lrt.),.-.j .,t"'''':''.A~",/ '~,~..\...:,.\r~--";~ , Sharon Fierro, Secretary