PC Res 2926RESOLUTION NO. 2926
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A BEER AND WINE LICENSE IN AN
EXISTING RESTAURANT ON PROPERTY LOCATED AT 1604 W.
CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. FILE NO. UP 94-11.
After notification and Public Hearing as specified by law on the application of
the Mr. Ralph Ditullio, on behalf of Nonno's Pizza & Pasta, to approve a
Conditional Use Permit allow a beer and wine license at an existing
restaurant, 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 File No. UP 94-12:
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The applicant's request to allow the on site sale of beer and wine with a
Conditional Use Permit granted is consistent with the General Plan and
Zoning District (C-l) which permit commercial land uses.
The existing parking spaces at 'Kirkwood Plaza adequately address the
parking needs of the proposed use.
The applicant's proposed operating hours do not exceed the operating
hours of surrounding tenants in the center.
Based upon the foregoing findings of fact, the Planning Commission
concludes that:
e
The establishment of the use which the applicant has 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, 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 said
use with surrounding uses in the surrounding area.
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such used would generate.
4. The proposed use is compatible with the uses in the area.
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,
Resolution No. 2926
UP 94-11 -1604 W. Campbell Avenue
Adopted on August 23, 1994
Page 2
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. Approved Use: This approval is for a beer and wine license for an
existing restaurant on a site identified as 1604 West Campbell Avenue,
Assessor's Parcel Number 403-02-043. Use shall substantially conform to
the applicant's description.
Hours of Operation:
following:
Monday - Thursday:
Friday- Saturday:
Sunday:
Hours of operation are to be limited to the
11 a.m. - 8 p.m.
11 a.m. - 9 p.m.
12 p.m. - 7 p.m.
ABC License: The applicant is to obtain any and all licenses/approvals
from the State of California, Department of Alcoholic Beverages
Control.
Beer and Wine License: Beer and wine license to allow on site sale and
consumption. (Planning)
Signs: Applicant shall apply for and comply with all required signs per
the City's requirements.
Use Compliance: The use is subject to the Conditions of Approval as
listed. Non-compliance with the Conditions of Approval are subject to
revocation per City of Campbell Municipal Code.
PASSED AND ADOPTED this 23rd day of August, 1994, by the following roll
call vote:
AYES: Commissioners: Higgins, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Alne, Perrine ,
..' '~ e Meyer-K~n'ned , Xcting Chair
ATTE~'T/:'"~ ~ ~'Steve Piasecl~', S~cre~lary'