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Zoning Letter - 2002· O,~CH ~.0 ° CITY oF CAMPBELL Community Development Department - Current Planning July 15, 2002 Jeff Butler Project Manager Zoning Information Services 621 24th Avenue, SW Norman, OK 73069 Re; Zoning Certification 279-30-044 499 E. Hamilton Avenue (Elephant Bar and Restaurant) Dear Mr. Butler, In response to your request for information regarding the above referenced property, we have researched our files and present the following information: 1. The current zoning of the property is C-2-S (General Commercial) 2. According to the zoning ordinance, the use of the property as a restaurant with a general on-sale liquor license and operational hours after 11:00 p.m. requires a Conditional Use Permit. 3. A modification to a previous use permit (M 97-14)(UP 95-14) was approved for this operation via Resolution No. 3120. 4. Per current zoning ordinances and regulations applicable to the subject property, the current structure is legally conforming. 5. In the event of a casualty, in whole or part, the structure may be rebuilt to current standards in effect at the time of the casualty. 6. Based upon our records, the subject property complies with current zoning and subdivision regulations. 7. There do not appear to be any outstanding zoning or building code violations that apply to the subject property. This information was research on July 15, 2002, by the undersigned, on behalf of the City of Campbell Community Development Department. The undersigned certifies that this information is believed to be accurate and is based upon the information supplied by the requestor. We assume no liability for errors and / or omissions. All information was obtained from public records that may be inspected during regular business hours. JXZoning LettersX499 E. Hamilton Avenue.doc 70 North First Street - Campbell, California 95008-1436 . TEL 408.866.2140 . F^X 408.866.8381 · TDD 408.866.2790 Zoning Compliance Letter- 499 E. Hamilton Avenue Page 2 If you have any questions regarding this information, please feel free to phone me at (408) 866- 2144. Tim Haley Associate Planner enclosure: Planning Commission resolution No. 3120 cc: Geoff Bradley, Senior Planner J:~Zoning Letters\499 E. Hamilton Avenue.doc RESOLUTION NO. 3120 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 97-14) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 95- 14) TO ALLOW EXTENDED HOURS OF OPERATION FOR A GENERAL LIQUOR LICENSE ON PROPERTY LOCATED AT 499 E. HAMILTON AVENUE, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. SEAN WALWICK, ON BEHALF OF SANTA BARBARA RESTAURANT COMPANY.. FILE NO. M 97-14 (UP 95-14). 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 M 97-14 (UP 95-14): The proposed late night hours of operation for the restaurant and extended hours of operation for on-sale general liquor service in conjunction with the restaurant use is consistent with the General Plan and the C-2-S (General Commercial) zoning designations for the site. 2. The on-sale general liquor license permits on-site general liquor sales only as an incidental use to the primary restaurant use and is not anticipated to intensify the primary use. 3. The proposed hours of operation for the restaurant is Monday - Sunday (7 days a week) from 11:00 a.m. to 12:00 a.m. 4. The proposed operating hours of the restaurant are consistent and similar to operating hours of other restaurants within the City. 5. The proposed restaurant use with extended hours of operation and on-sale general liquor service is compatible with the surrounding neighborhood. 6. The proposed project will comply with all other conditions of approval as required under the previously-approved Use Permit (UP 95-14), except as herein modified by this application. 7. The restaurant, with the extended hours of operation for food and incidental on-sale general liquor service, will not create a need for additional parking spaces. The restaurant, with the extended hours of operation for food and incidental on-sale general liquor service, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. The restaurant, with the extended hours of operation for food and incidental on-sale general liquor service, will not significantly disturb the peace and enjoyment of nearby residential neighborhoods. Planning Commission Resolution No. 3120 M 97-14 (UP 95-14) - 499 E. Hamilton Avenue - Elephant Bar Page 2 10. The restaurant, with extended hours of operation for food and incidental on-sale general liquor service, will not significantly increase the demand on city services. Based upon 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 the surrounding uses in the area. 3. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance 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 Proiect: Approval is granted for a Modification to a previously-approved Use Permit (UP 95-14) to allow extended hours of operation for food and incidental on-sale general liquor sales in conjunction with the establishment of a new restaurant, The Elephant Bar Restaurant, to be located on property at 499 E. Hamilton Avenue. The use shall comply with the conditions of approval of the previously-approved Use Permit, except as herein modified by the conditions of approval. 2. Operational Hours: Hours of operation shall be as follows: Monday - Sunday (7 days a week) 11:00 a.m. to 12:00 a.m. 3. ABC License: The applicant shall obtain any and all licenses/approvals from the State of California Department of Alcohol and Beverage Control. Business Operation: The applicant shall operate and maintain this use in a manner which is not objectionable, offensive, or incompatible with surrounding uses. operation of this use in violation of this approval or City of Campbell standards, codes and ordinances shall be grounds for revocation of this approval. Planning Commission Resolution No. 3120 M 97-14 (UP 95-14) - 499 E. Hamilton Avenue - Elephant Bar Page 3 PASSED AND ADOPTED this 9th day of September, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST · Commissioners: Commissioners: Commissioners: Commissioners: Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None 'Susan Keams, Chair' 'Steve lr~asecki, Secretary 07/03/02 WED 14:07 FAX 405 701 1020 ILS-ZONING INFO SVCS ~001 Zonin_q Information Services, a division of International Land Services; Inc~ · 621 24'~ Avenue, SW · Norman, Oklahoma 73069 Fax Date: July 3. 2002 Time: 2:07 PM To: i°~n~ny: Phone: Fax: Planning Department City of Campbell 408/866-2140 408/871-5140 Pages Including this cover page: From: Company: Phone: Fax: Jeff Butler Zoning Information Services 405-701-1088 405-701-1020 IRE: Request for Zoning Letter for property @ 499 E. Hamilton Ave. TIME SENSITIVE INFORMATION -- PLEASE DELIVER ASAP! Dear Planner: Attached is a request for a zoning compliance letter on the above referenced property & a fill-in-the blank zoning letter for your convenience. Upon completion, please forward the letter to me via fax and U.S. Mail. I am on a strict timeline with this project, so your prompt attention to this request is appreciated. Do not hesitate to contact me toll-free at (888) 356-6323 ext, 1088 with any questions. Yours~ Jeff Butler Project Manager This telecopy contains privileged and confidential information intended only for the use of the individual named above. If the reader of this telecol3y is not the intended recipient you are notified lhat any dissemination or reproduction is prohibited. If you have received this telecopy in error please call us collect and return the or ginai telecopy to the address above via US Mail 07/03/02 WED 14:08 FAX 405 701 1020 ILS-ZONING INFO S¥CS ~002 ZONING INFORMATION ISERVIOEI3 A OlVI~IDN O.t' IN?'--t~I~NATIDN,ttL I-..4ND ~"l~VlC£~, /ND. INF0113~A?ION S~VlC~ July 3, 2002 City of Campbell Planning Division Attn: Planner 70 N. First Street Campbell, CA 95008 REFERENCED PROPERTY: Dear Planner: 499 E. llamilton Avenue ( Elephant Bar & Restaurant ) APN # 27930044 Campbell, CA 1 would like to request tile following information regarding the above-referenced property: Zoning compliance letter stating what zoning district tile property is in. whether it is a permitted use or if special permitting or conditions apply, and whether it is in compliance with all local zoning regulations including parking A "fill-in-the bhml~" ~.oning form letter may be included for Four convenience it' you prefer (to be copied onto mtmicipality letterhead) Please advise me at your carllcsr convenience if any vt' Ihcsc itcms is not available vr il' I should be direcling any portion of my requests to another party. 1 am on a strict timeline so you,' prompl attention to this matter is greatly appreciated. Upon completion, please forward the intbrmation Io mc via fax {41)5/701-1020) and US mail. I Iruly appreciate your help with this ma:tter and I~ok forward to your reply. Please do not hesitam to contact ,ne at my toll tree nmnber (888/356-6323. ext. 1088) or via Email al jel'l'b(c_}zoni,ghlfo.com with any questions or concerns you may have. Project Manager ...., Using Our F. xpertise to Complement Yours ~--2 1 ~:ZI. TH ~,VEN~.)~' ~.W, I~Ii"IRIk4.~N, I-IK 7~