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PC Res 2924RESOLUTION NO. 2924 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF AN OUTDOOR SEATING AREA AT AN EXISTING RESTAURANT (GARY'S SPORTS BAR & GRILL) LOCATED AT 2369 WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. GARY WATERS. FILE NO. UP 94- 09. After notification and Public Hearing as specified by law on the application of the Mr. Gary Waters, on behalf of Gary's Sports Bar & Grill, to approve a Conditional Use Permit allowing the establishment of an outdoor seating area at an existing restaurant, and after presentation by the Planning 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 File No. UP 94-09: 1. The proposal to establish an outside seating area is consistent with the General Plan and Zoning District which permit commercial land uses. 2. The existing parking area adequately addresses the parking needs of the expanded use with the utilization of existing shared parking fadlities. The proposed outside seating area will be complimentary to the existing shopping center and will enhance the tenant mix of the development. Based upon the foregoing findings of fact, the Planning Commission concludes that: The establishment, maintenance, or operation of the use 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. Further, it will not 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 and is compatible with uses in the surrounding area. The proposed site is adequately served by streets of suffident capacity to carry the kind and quantity of traffic such use would generate. Resolution No. 2924 UP 94-08 -2369 Winchester Boulevard Adopted on July 26, 1994 Page 2 Further, the applicant is 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. 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. APPROVED USE 1. Approval is granted for an outside seating area of approximately 960 square feet located at 2369 S. Winchester Boulevard. Development shall be substantially as shown on the materials listed below, except as may be modified by conditions contained herein. Drawings prepared by J. Crabtree and dated July 20, 1994. Outdoor Lighting: All outdoor lighting shall be shielded and directed within the outdoor seating area. ~ o Improvements/Building Permits: Improvements are subject to the issuance of building permits and final clearance prior to occupancy. (Building) Trash Enclosure: Applicant to provide a screened trash enclosure area in a location and manner as approved by the Community Development Director and Central Fire District (Community Development Department) Building Plans: Applicant shall submit building plans to the Building Division and Central Fire for the required emergency exit gate and panic hardware and the required Fire District key box. Hours of Operation: The hours of operation for Gary's Sports Bar & Grill are from: Monday through Thursday 11 a.m. to 10 p.m. Friday and Saturday 11 a.m. to 12 midnight Sunday 10 a.m. to 10 p.m. Resolution No. 2924 UP 94-08 -2369 Winchester Boulevard Adopted on July 26, 1994 Page 3 o Fencing: Applicant shall construct fence adjacent to Safeway loading dock consistent with proposed fence elevation shown on 7/20/94 plans. Construction of fence shall commence within 12 months of the final approval date. PASSED AND ADOPTED this 26th day of July, 1994, by the following roll call vote: AYES: NOES: ABSENT: ATI'EST: Commissioners: Alne, Higgins, Lindstrom, Lowe, Meyer- Kennedy, Perrine Commissioners: None Commissioners: Kearns Steve