CC Resolution 10071
RESOLUTION NO 10071
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION DENIAL OF A CONDITIONAL USE
PERMIT (PLN2002-56) TO ALLOW THE ESTABLISHMENT OF A
CONVENIENCE STORE AND OFF-SALE GENERAL LIQUOR
SALES WITHIN AN EXISTING SHOPPING CENTER ON
PROPERTY OWNED BY RALPH AND TERESA RAABE
LOCATED AT 915 S. SAN TOMAS AQUINO ROAD IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPEAL OF
MR. HAMID HEYDARIAN. FILE NO. PLN2002-56.
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 City Council did find as follows with
respect to application PLN2002-56:
1. It is not desirable to have three liquor establishments within 200 feet of each other located in
a predominately residential neighborhood.
2. The project site has a net area of 23,986 square feet and is developed with a 7,410 square foot
multi-tenant commercial building.
3. The proposed use would occupy 1,800 square feet of an existing 7,410 square foot
commercial building located within a residential neighborhood.
4. The establishment of a convenience store with off-sale general liquor sales would result in an
over concentration of such uses in the area due to the location of an existing convenience
store across the street at 900 South San Tomas Aquino Road that has an off-sale beer and
wine license and the existing Palermo Pizza restaurant within the same shopping center that
has an on-sale beer and wine license.
5. The establishment of a convenience store with off-sale general liquor sales would create a
nuisance due to noise, vandalism, and personal and property crimes based on police records
of the same business located at 1277 W. Hacienda Avenue.
6. The establishment of a convenience store with off-sale general liquor sales would
significantly disturb the peace and enjoyment of the nearby residential neighborhood due to
an over concentration of such alcohol related uses in the area, given the close proximity to
the existing convenience store across the street at 900 South San Tomas Aquino Road, which
provides off-sale liquor sales.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
City Council Resolution
. PLN2002-56 -- McGoon's Grog Shop-915 S. San Tomas Aquino Road
Denial of Appeal and Upholding Planning Commission Denial of a Conditional Use Permit
Page 2
1. The establishment, maintenance, or operation of the use applied for will be detrimental to the
public health, safety, peace, morals, comfort, and general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
2. The proposed use is not compatible with the residential uses in the area.
3. The establishment will result in an over concentration of such uses in the area.
4. The establishment will create a nuisance due to noise, vandalism, personal or property
crimes, or other factors.
5. The establishment will significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the City Council denies the appellant's appeal
and upholds the Planning Commission denial of a Conditional Use Permit (PLN2002-56) to
allow the establishment of a convenience store and off-sale general liquor sales within an
existing shopping center on property owned by Ralph and Teresa Raabe located at 915 S. San
Tomas Aquino Road.
PASSED AND ADOPTED this ~day of August
vote:
, 2002, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCll..MEMBERS:
COUNCll..MEMBERS:
COUNCll..MEMBERS:
COUNCll..MEMBERS:
Burr, Kennedy, Furtado, Watson
Dean
None
None
APPROVED: Ii ./~~
Jearfette Watson, Mayor
ATTEST:
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/ ..~ i. MA-
Anile Bybee, City Clerk