PC Res 3192RESOLUTION NO. 3192
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
98-07) TO ALLOW THE ESTABLISHMENT OF A SPECIALTY FOOD
MARKET ON PROPERTY LOCATED 2006 S. WINCHESTER
BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF USHA SHARMA AND KASHMIR RAI.
FILE NO. UP 98-07.
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 UP 98-07:
1. The proposed use is consistent with the General Plan and Zoning designations which indicate
a commercial land use for this property.
2. The applicant's proposed operational hours do not exceed the operating hours of
surrounding tenants in the center
3. The existing parking and circulation will adequately serve the proposed and existing uses on
site.
4. The proposed use is not significantly different from the existing restaurant use and 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:
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.
2. The proposed site is adequate in size and shape to accommodate the proposed use and site
improvements to allow outdoor seating.
3. The establishment, with the service of alcoholic beverages, will not result in an over
concentration of such uses in the area.
4. The establishment, with the service of alcoholic beverages, will not create a nuisance due to
noise, litter, vandalism, traffic or other factors.
Planning Commission Resolution No. 3192
LIP 98-07- 2006 S. Winchester Boulevard
Page 2
5. The establishment, with the service of alcoholic beverages, will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood.
6. 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:
APPROVED PROJECT
1.
Modification to Use Permit. The applicant and proposed uses shall substantially comply with
the Planning Commission approval allowing a specialty food marked known as New India
Imports. The permitted use of the property allows the retail sale of food items, videos, music
tapes and CDs, non-alcoholic beverages, and other similar retail products consistent with a
specialty food market.
2. Operational Hours. Permitted from 6:00 a.m. to 11:00 p.m. daily.
3. Building Permits: The applicant shall obtain all necessary Building or Electrical permits
prior to establishment of the restaurant use.
4. No Alcoholic Beverage Sales: No alcohol beverages are permitted to be sold at the premises
in conjunction with Use Permit 98-07.
Trash Collection and Disposal: All trash shall be disposed of in an acceptable container in
accordance with Chapter 6.10 of the Campbell Municipal Code. The container shall be
stored in the trash enclosure which shall be kept closed at all times, except when being
unloaded. At no time shall boxes or other shipping containers be stored outside the building
or in the parking lot unless they are contained in the trash enclosure.
Planning Commission Resolution No. 3192
UP 98-07 - 2006 S. Winchester Boulevard
Page 3
PASSED AND ADOPTED this 13t~ day of October, 1998, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST :...-- &~~_ -.
Steve~Piasecki, Secretary
Francois, Gibbons, Jones, Keams, Lindstrom,
Meyer-Kennedy
None
Cowe ~~
None
APPROVED:
B[a{~ Jones,~~ Chair