PC Res 3020RESOLUTION NO. 3020
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW BEER AND WINE SALES AND LIVE
ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING
RESTAURANT ON PROPERTY LOCATED AT 2080 S.
BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MS. AFSAR
SHAMLOU, FOR JAZ CAFFE CLASSICO. FILE NO. UP 96-01.
After notification and Public Hearing as specified by law to approve a
Conditional Use Permit, and after presentation by the Community
Development Director, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. UP 96-01:
The applicant's request to allow the on site sale of beer and wine and live
entertainment with a restaurant is consistent with the General Plan and
(C-2-S) General Commercial Zoning District shown for this property.
The existing parking spaces adequately address the parking needs of the
proposed use.
The applicant's proposed operating hours are typical of commerdal uses
and most full service restaurant uses.
The proposed additional uses will be incidental to the primary restaurant
use and will not intensify the primary use.
The establishment, with beer and wine sales, will not result in an over
concentration of such uses in the area.
The establishment, with beer and wine sales, will not create a nuisance
due to noise, litter, vandalism, traffic or other factors;
o
The establishment, with beer and wine sales, will not significantly disturb
the peace and enjoyment of nearby residential neighborhoods;
The establishment, with beer and wine sales, will not significantly increase
the demand on dty services.
Based upon the foregoing findings of fact, the Planning Commission concludes
that:
Planning Commission Resolution No. 3020
LIP 96-01 - 2080 S. Bascom Avenue - Jaz Caffe Classico
Page 2
The establishment of the use which the applicant has applied for 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, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
The proposed site is adequate in size and shape to accommodate the said
use with surrounding uses in the surrounding area.
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such uses would generate.
4. The proposed use is compatible with the uses in the area.
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances of
the City of Campbell and the State of California. 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 Use: This approval is for a beer and wine license and live
entertainment for an existing restaurant on the property located at
2080 S. Bascom Avenue. Use shall substantially conform to the
applicant's letter of description on file with the planning division.
Hours of Operation: Hours of operation shall be limited to the
followings days and times: Monday - Sunday: 7 a.m. - 11 p.m.
ABC License: The applicant shall obtain any and all licenses/approvals
from the State of California, Department of Alcoholic Beverages Control.
e
Live Entertainment: The proposed live entertainment shall be limited
to the current hours of operation. Music shall not exceed a noise level
which is found to be inappropriate in accordance with the noise element
of the General Plan. Musicians shall play solo or may be accompanied by
no more than two other musicians. Live entertainment shall not be
audible from beyond the property line.
Police Approval: The applicant is to obtain any and all
licenses/approvals from the Police Department for the proposed live
entertainment use.
Planning Commission Resolution No. 3020
UP 96-01 - 2080 S. Bascom Avenue - Jaz Caffe Classico
Page 3
Use Compliance: The use is subject to the Conditions of Approval as
listed. Non-compliance with the Conditions of Approval are subject to
revocation of the Use Permit per the City of Campbell Municipal Code.
Six Month Use: A review of the use shall be conducted by the City six
months after the commencement of on-sale beer and wine sales and live
entertainment.
PASSED AND ADOPTED this 12th day of March, 1996, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
/kine, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
None
None
None
Ste'%~ Piasecki~, Secretary