PC Res 3880
RESOLUTION NO. 3880
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2008-29) TO ALLOW ON-SALE BEER AND WINE SALES IN
CONJUNCTION WITH AN EXISTING RESTAURANT ON PROPERTY
OWNED BY CAMPBELL PLAZA DEVELOPMENT CO. LOCATED AT
2455 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. JULIE
KANG. FILE NO.: PLN2008-29.
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 PLN2008-29.
1. The proposed on-sale beer and wine sales in conjunction with a restaurant is
consistent with the Central Commercial General Plan land use designation.
2. The proposed on-sale beer and wine sales in conjunction with a restaurant will be
compatible with the P-D (Planned Development) zoning designation with approval of a
Conditional Use Permit.
3. The project site consists of a 1,200 square foot restaurant (YUME Japanese
Restaurant) replacing an existing restaurant in an existing multi-tenant commercial
building.
4. The existing 777 parking spaces will adequately address the parking needs of the
subject site and proposed use.
5. The project site, Campbell Plaza Shopping Center, is located on the southwest corner
of Winchester Boulevard and Budd Avenue and is surrounded by commercial uses and
single-family residences to the north; commercial auto repair uses and multiple family
residences to the south; multiple family residences to the west; and a church and
commercial uses to the east.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. No exterior modifications to the building are proposed in conjunction with the proposed
beer and wine sales.
8. The business hours shall be restricted to 11 :00 a.m. to 10:00 p.m., Monday through
Sunday.
9. The hours of operation shall be restricted to 10:00 a.m. to 11 :00 p.m., Monday through
Sunday.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard - Use Permit - On-Sale Beer and Wine
Page 2
10. 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:
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 establishment of beer and wine sales will not result in an over concentration of
such uses in the area.
6. The establishment of beer and wine sales, as conditioned, will not create a nuisance
due to litter, noise, traffic, vandalism, or other factors.
7. The establishment of beer and wine sales, as conditioned, will not significantly disturb
the peace and enjoyment of the nearby residential neighborhood.
8. The establishment of beer and wine sales will not significantly increase the demand on
City services.
9. 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.
10. 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 detrimen.tal or injurious to property and improvements in the neighborhood
or to the general welfare of the City.
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. 3880
PLN2008-29 - 2455 S. Winchester Boulevard - Use Permit - On-Sale Beer and Wine
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification
(PLN2008-54) to a previously approved Conditional Use Permit (PLN2005-164) for the
remodel of an existing service station to accommodate a grocery store within an existing
building and with the elimination of the previously approved car wash and new service
islands on property owned by Dariani Enterprises, Inc., located at 2855 S. Winchester
Boulevard 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2008-29) to
allow on-sale beer and wine sales in conjunction with an existing restaurant use
(YUME Japanese Restaurant) located at 2455 S. Winchester Boulevard. The project
shall substantially conform to the project plans and project description received by the
Planning Division on February 22, 2008, except as may be modified by the conditions
of approval contained herein.
3. 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.
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 Hours: The hours of operation shall be restricted to 11 :00 a.m. to 10:00 p.m.,
Monday through Sunday. The closing time shall mean the business is closed.
6. Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 11 :00
p.m., Monday through Sunday. The closing time shall mean the business is closed and
all employees have exited the building.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard - Use Permit - On-Sale Beer and Wine
Page 4
7. Restaurant Seatina: The maximum number of seats for the restaurant shall be limited
to the existing 48 seats. No additional seats are proposed.
8. 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.
9. SiQnaQe: 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.
10. Outdoor StoraQe: 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.
11. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
12. Liauor 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.
13. Food Service: Food service shall be available at all times alcoholic beverages are
served.
14. 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.
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, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Manaaement: 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.
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 10:00 a.m.
and 11 :00 p.m. daily.
17. ParkinQ and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard - Use Permit - On-Sale Beer and Wine
Page 5
PASSED AND ADOPTED this 22nd day of April, 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Ebner, Gairaud, Gibbons and Roseberry
None
Alderete, Doorley and Rocha
None
APPROVED:
Bob Roseberry, Ch r
ATTEST:
J