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Use Permit - Chachos - 2011CITY of CAMPBELL Community Development Department April 14, 2011 Sam Ramirez 1289 Foxwood V1~ay San Jose, CA 95118 Re: PLN2010-169 - 266 E. Campbell Avenue -Use Permit Dear Applicant: Please be advised that at its meeting of April 12, 2011, the Planning Commission adopted Resolution No. 4019 approving a Conditional Use Permit to allow a general on-sale liquor license and late night operational hours in conjunction with expansion of an existing restaurant (Chacho's Tacos) into an adjacent tenant space on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, April 29, 2011. 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, unless 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 Margery R. Raffanti (Property Owner) 1235 Koch Lane San Jose, CA 95125 RESOLUTION NO. 4019 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2010-169) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE AND LATE NIGHT OPERATIONAL HOURS IN CONJUNCTION WITH EXPANSION OF AN EXISTING RESTAURANT (CHACHO'S TACOS) INTO AN ADJACENT TENANT SPACE, ON PROPERTY OWNED BY MARGERY RAFFANTI LOCATED AT 266 E. CAMPBELL AVENUE IN THE C-~3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. FILE NC>.: PLN2010-169. 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 PLN2010-169: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial key 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 proposed project would expand an existing 1,210 square-foot restaurant into an adjacent 1,233 square-foot vacant tenant space, resulting in a 2,443 square-foot restaurant space. 5. The existing restaurant space is permitted beer and wine sales pursuant to Campbell Municipal Cade Sec. 21.10.060(F)(2) and late-night operational hours pursuant to Conditional Use Permit PLN2004-188/PLN2006-157. 6. Approval of this Conditional Use Permit (PLN2010-169), would supersede the previously approved Conditional Use Permit. 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 additional parking unless the building is expanded. 8. An expansion. of 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 Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy, as deemed appropriate by the Planning Commission.