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Mod to Use Permit - El Guapo - 2012CITY of CAMPBELL Community Development Department May 9, 2012 Sam Ramirez EI Guapo's Tacos, LLC 1289 Foxloop Way San Jose, CA 95118 Re: PLN2012-81 - 266 E. Campbell Avenue -Modification to Use Permit Dear Applicant: Please be advised that at its meeting of May 8, 2012, the Planning Commission adopted Resolution No. 4065 approving a Modification (PLN2012-81) to a previously approved Conditional Use Permit to change the hours of operation and number of seats for an existing restaurant (EI Guapo's) on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, May 18, 2012. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unles> another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Assistant Planner Cc: Marge Rafi~anti (Property Owners) 1235 Koch Lane San Jose, CA 95125 RESOLUTION NO. 4065 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2012-81) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO CHANGE THE HOURS OF OPERATION AND NUMBER OF SEATS FOR AN EXISTING RESTAURANT (EL GUAP(O'S) ON PROPERTY LOCATED AT 266 E. CAMPBELL AVENUE IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRACT. FILE NO.: PLN2012-81 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 considf:ration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2012-081: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land. 2. The project site consists of a 6,720 square-foot parcel, improved with a 3,941 square-foot single-story building. 3. The project site is located along East Campbell Avenue between Second and First Streets. 4. The existing restaurant space was previously permitted beer and wine sales pursuant to Campbell Municipal Code Sec. 21.10.060(F)(2) and late-night operational Ihours pursuant to Conditional Use Permit PLN2004-188/PLN2006-157. 5. The Planning Commission approved a Conditional Use Permit (PLN2010-169) for general alcohol sales and an expansion of the restaurant by Resolution No. 4019. 6. Approval o~f this Modification (PLN2012-81) would supersede the previously approved Conditions of Approval (PLN2010-169). 7. Pursuant to Campbell Municipal Code Sec. 21.10.060(I)(3)(a), retail uses and standard restaurants may occupy an existing building and shall not be required to provide addutional parking unless the building is expanded. 8. A restaurant with general on-sale liquor sales is compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 9. The approval of a Modified Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. 10. The consurnption of alcohol will be restricted to 8:00 AM to 12:00 AM, daily.