PC Res 3903
RESOLUTION NO. 3903
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN2008-97) TO ALLOW A BEER AND WINE LICENSE
IN CONJUNCTION WITH A WINE SHOP (TESSORA'S) ON
PROPERTY OWNED BY EQUITY OFFICE - CA PRUNEYARD LIMITED
PARTNERSHIP LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION HAMID
AND CAROL POUYA. FILE NO.: PLN2008-97.
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 PLN2008-97.
1. The proposed on-sale beer and wine sales in conjunction with a wine shop is
consistent with the Commercial General Plan land use designation.
2. The proposed on-sale wine sales in conjunction with a retrial wine shop will be
compatible with the C-2-S (General Commercial) zoning designation with approval of a
Conditional Use Permit.
3. The project site consists of a 973 square foot tenant space (Tessora's wine shop)
within an existing shopping center and a patio area providing seating for eight.
4. The existing 3,892 parking spaces will adequately address the parking needs of the
subject site and proposed use.
5. The project site is 27.2 acres located on the west side of Bascom Avenue, between
Campisi Way and East Campbell Avenue. The property is surrounded by mixed use
commercial/residential uses on the north and commercial uses to the east and south
and the Los Gatos Creek and Hwy 17 to the west. The subject tenant space is located
on the north side of the Pruneyard Shopping Center, between EI Burro Restaurant, the
Pruneyard Inn, and Salon Rache.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. Minor modifications to the building are proposed in conjunction with the proposed beer
and wine sales.
8. The business hours shall be restricted to:
Hours: 2:00 p.m. to 10:00 p.m., Tuesday through Thursday
12:00 noon to 11 :00 p.m., Friday and Saturday
1 :00 p.m. to 5:00 p.m., Sunday
Planning Commission Resolution No. 3903
PLN2008-97 - 1875 S. Bascom Avenue - Use Permit - Beer & Wine License (Tessora's)
Page 2
9. The hours of operation shall be restricted to 6 a.m. to 11 :00 p.m., Monday through
Sunday.
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 wine sales will not result in an over concentration of such uses in
the area.
6. The establishment of wine sales, as conditioned, will not create a nuisance due to litter,
noise, traffic, vandalism, or other factors.
7. The establishment of wine sales, as conditioned, will not significantly disturb the peace
and enjoyment of the nearby residential neighborhood.
8. The establishment of 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 detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the City.
Planning Commission Resolution No. 3903
PLN2008-97 - 1875 S. Bascom Avenue - Use Permit - Beer & Wine License (Tessora's)
Page 3
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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN2008-97) to allow a beer and wine license in conjunction with
a wine shop (Tessora's) on property owned by Equity Office-CA Prunyeard Limited
Partnership located at 1875 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. 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.
Conditions Accepted by Applicant:
(Signature)
(Date)
2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2008-97) to
allow on-sale wine sales in conjunction with a retail wine shop use (Tessora's) located
at 1875 S. Bascom Avenue, Suite 560. The project shall substantially conform to the
project plans and project description received by the Planning Division on June 10,
2008, except as may be modified by the conditions of approval contained herein.
a. Business description depicting a retail wine shop of 973 square feet allowing wine
tastings, retail sale of wines and gift baskets, and small appetizer plates.
b. Project plans dated June 6, 2008, prepared by Structech Consulting Engineers.
Planning Commission Resolution No. 3903
PLN2008-97 - 1875 S. Bascom Avenue - Use Permit - Beer & Wine License (Tessora's)
Page 4
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:
2:00 p.m. to 10:00 p.m. Tuesday through Thursday
12:00 noon to 11 :00 p.m. Friday and Saturday
1 :00 p.m. to 5:00 p.m. Sunday
The end time of business hours shall mean the business is closed to the public.
Hours:
6. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11 :00
p.m., Monday through Sunday.
7. Restaurant SeatinQ: The maximum number of seats for the retail shop shall be limited
to the existing 12 interior seats and 8 exterior seats.
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. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
11. liquor License: The applicant shall obtain a license for a Type 42 (On-Sale Beer and
Wine License- Public Premises) from the State Department of Alcoholic Beverage
Control prior to the sale of alcoholic beverages.
12. 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.
Planning Commission Resolution No. 3903
PLN2008-97 - 1875 S. Bascom Avenue - Use Permit - Beer & Wine License (Tessora's)
Page 5
b. Noise Manaoement: 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.
13. 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.
14. 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.
PASSED AND ADOPTED this 22nd day of July, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: ~,~
Bob Roseberry, C ir