PC Res 3392RESOLUTION NO. 3392
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2001-108) TO ALLOW AN ON AND OFF-SALE
BEER AND WINE LICENSE WITHIN AN EXISTING
COMMERCIAL SPACE ON PROPERTY LOCATED AT 379 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. APPLICATION OF MR. ALAN
GRAGNANI AND MR. GEORGE LOPEZ, ON BEHALF OF THE
WINE LIBRARY. FILE NO. PLN2001-108.
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 PLN2001-108:
The proposed on and off-sale beer and wine license is consistent with the commercial land
use designation of the General Plan and the C-3-S (Central Business District) zoning
designation for the site with approval of a Conditional Use Permit.
The proposed retail business with an on and off sale beer and wine license is compatible
with the surrounding development and uses.
o
The proposed addition of an on and off-sale beer and wine license does not represent an
intensification of a permitted retail use in this building.
The proposed site is adequate in size and shape to accommodate commercial improvements
and other development features required in order to integrate the proposed use into the
surrounding area.
o
The proposed beer and wine license provides for the public necessity and convenience by
providing the sale of specialty wines and other products associated with this retail business.
o
There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
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;
The establishment will not create a nuisance due to noise, litter, vandalism, traffic and
other factors;
Planning Commission Resolution No. 3392
PLN2001-108 - 379 E. Campbell Avenue - Use Permit - The Wine Library
Page 2
o
The establishment will not significantly disturb the peace and enjoyment of the nearby
neighborhood.
4. The establishment will not significantly increase the demand on city services, and
o
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Project: Approval is granted for a Conditional Use Permit (PLN 2001-108) to
allow the establishment of an on and off sale beer and wine license in conjunction with a
retail wine sales business on property located at 379 E. Campbell Avenue. Approval shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Floor plan of Wine Library dated April 30, 2001.
B. Applicant's project description received September 26, 2001 of a medium size retail
wine sales business with incidental wine tasting.
2. Hours of Operation: Business hours shall be restricted to the following:
o
Daily 9:00 a.m. to 10:00 p. m
Restriction of tasting/sales area: Alcohol tasting area for on-site consumption to be
restricted to 100 square feet or 7.4 percent of the floor area as shown on the approved
floor plan. The primary floor space and business use shall be for the retail sale of wine and
wine accessories for off-site consumption. Tasting area shall incidental to the main retail
operation and shall be restricted to three seats at a wine bar or approximately 100 square
feet of the business space.
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) necessary to serve the proposed use to the
Planning Division for review and approval by the Community Development Director prior
Planning Commission Resomtion No. 3392
PLN2001-108 - 379 E. Campbell Avenue - Use Permit - The Wine Library
Page 3
to the issuance of building permits 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.
Building Division
Permit required: A building permit application shall be required for the proposed
occupancy. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
11.
Plan Preparation: This project requires plans prepared under the direction and oversight of
a California licensed Engineer or Architect. Plans submitted for building permits shall be
"wet stamped" and signed by the qualifying professional person.
12.
Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be
clearly called out. Site parking and path of travel to public sidewalks shall be detailed.
13.
Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
14.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
Planning Commission Resolution No. 3392
PLN2001-108 - 379 E. Campbell Avenue -Use Permit - The Wine Library
Page 4
15.
NMn-point nonre, e Pollution' The City of Campbell, standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16.
Title 94 Acee~ihility-C. omrnere, lal: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
17.
18.
Title 94 Aae. e~ihillty-(2omrnerelal' Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
Approval required' The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
Police Department
19. l)e~i~natecl Driver Pro,ram: The applicant shall submit for approval to the Police
Department a designated driver program as required by section 21.26.030(8) of the
Campbell Municipal Code.
PASSED AND ADOPTED this 30th day of October, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Francois, Gibbons and Hemandez,
None
Doorley, Jones and Leonard
None
APPROVED:
Tom Francois, Chair
ATTEST:
Sharon Fierro, Secretary