PC Res 3168RESOLUTION NO. 3168
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION (M
98-05) TO A PREVIOUSLY-APPROVED CONDITIONAL USE
PERMIT (UP 89-03) TO ALLOW AN ON-SALE BEER AND WINE
LICENSE IN CONJUNCTION WITH AN EXISTING
RESTAURANT ON PROPERTY LOCATED AT 2081-2091 S.
WINCHESTER BOULEVARD IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF IVA2C,
INC. FILE NO. M 98-05 (UP 89-03).
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application M 98-05 (LIP 89-03).
1. The proposed on-sale beer and wine service will be offered only in conjunction with the
operation of the full service restaurant.
2. The restaurant with the proposed on-sale beer and wine service is located within a C-2-S
(General Commercial) zoning district and a commercially designated General Plan Area.
3. The applicant's proposed operational hours for the on-sale beer and wine service do not
exceed the permitted hours of operation for businesses within the C-2-S zone.
4. The existing parking and circulation will adequately serve the proposed use on site.
5. The proposed use is compatible with uses on site and with the adjacent land uses.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's Zoning Ordinance and General Plan.
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. 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.
3. The proposed site is adequate in size and shape to accommodate the proposed use.
4. The establishment, with the service of alcoholic beverages, will not result in an over
concentration of such uses in the area.
Planning Commission Resolution No. 3168
M 98-05 (UP 89-03) - 2081-2091 S. Winchester Boulevard
Page 2
5. The establishment, with the service of alcoholic beverages, will not create a nuisance due to
noise, litter, vandalism, traffic or other factors.
6. The establishment, with the service of alcoholic beverages, will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood.
7. The establishment, with the service of alcoholic beverages, will not significantly increase the
demand on City services.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Project: Approval is granted for a Use Permit to allow on-sale beer and wine
service in conjunction with a cafe, located on property at 2081-2091 S. Winchester Blvd.
Avenue. The use shall substantially comply with the applicant's letter of request dated April
20, 1998.
2. Operational Hours: Operational hours of the restaurant are permitted from 7:00 a.m. to 11:00
p.m.
o
Alcohol and Beverage Control Requirements: The applicant shall obtain a license from the
State Department of Alcohol and Beverage Control prior to the sale of alcoholic beverages in
conjunction with this Use Permit.
Business Operation: No separate bar service is permitted. The service of beer and wine shall
be in conjunction with food service for this or any future use. The applicant shall operate and
maintain this use in a manner which is not objectionable, offensive or incompatible with
surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell
standards, codes and ordinances shall be grounds for revocation of the Use Permit.
o
Trash Enclosure: The applicant shall provide a screened trash enclosure area within 45 days
of Planning Commission approval. The enclosure location and design shall be approved by
the Fire District and the Community Development Director. The trash enclosure area shall
consist of a concrete floor surrounded by a solid wall or screening fence with a minimum
height of 6 feet. All enclosures shall be constructed at grade and have a level area adjacent to
the trash enclosure area to service the containers.
Planning Commission Resolution No. 3168
M 98-05 (UP 89-03)- 2081-2091 S. Winchester Boulevard
Page 3
PASSED AND ADOPTED this 26th day of May, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST'
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lindstrom, Lowe,
Meyer-Kennedy
None
None
None
Dennis Lo~e, Chair
Sharon Fierro, Acting Secretary