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PC Res 2977RESOLUTION NO. 2977 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW OFF-SITE BEER AND WINE SALES AT AN EXISTING SPECIALTY MARKET LOCATED AT 1645 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF PERCY AND JOELLA MAY-COLE, ON BEHALF OF UHURU MARKET. FILE NO. UP 95-05. After notification and Public Hearing as specified by law on the application of Percy and Joella May-Cole, on behalf of Uhuru Market, to approve a Conditional Use Permit allowing off-site beer and wine sales for an existing specialty market located 1645 S. Bascom Avenue, 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 95-05: A specialty market is permitted in the C-2-S (General Commercial) Zoning District. o The sale of beer and wine at this location if found to be compatible with other uses in the area. Based upon the foregoing findings of fact, the Planning Commission concludes that: The establishment, maintenance, or operation of the use applied for 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 development features required in order to integrate said use with other uses in the surrounding area. ge The proposed site is adequately served by streets of sufficient capadty to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Planning Commission Resolution No. 2977 UP 95-05 -- Lrhuru Market Adopted on May 23, 1995 Page 2 Further, the applicant is notified as part of this application that the applicant is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition. 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. 1. Approved Use This approval is for a beer and wine license for an existing specialty market located at 1645 S. Bascom Avenue, Unit D, Assessor's Parcel Number 288-02-009. 2. Hours of Operation Hours of operation are limited to 6 a.m. To 11 p.m. daily. 3. Beer and Wine License ao Beer and wine license to be restricted to off-sale only. Applicant to obtain any licenses/approvals from the State of California, Department of Alcoholic Beverages Control. 4. Trash Enclosure Trash containers of a size and quantity necessary to serve the project shall be located in areas approved by the Central Fire District. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specific by the Central Fire District. All enclosures are to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. Planning Commission Resolution No. 2977 UP 95-05 - Uhuru Market Adopted on May 23, 1995 Page 3 PASSED AND ADOPTED this 23rd day of May, 1995, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Kearns, Kennedy, Perrine None Lindstrom and Lowe Meyer- ~ Meyer-'I~el~n~l~, Cl~alr (2/ ATrEST:~ Darryl ~)lones, ~ior Planner