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PC Res 2871RESOLUTION NO. 2871 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING THE EfiTABLI§I-IMI~NT OF A RI~§TAURANT WITI-I A GENERAL ON SALE LIQUOR LICENSE, OUTDOOR SEATING AND OPERATIONAL HOURS AFTER 11 P.M. ON PROPERTY LOCATED AT 1875 S. BASCOM AVENUE, SUITE 180 & 190, (THE PRUNEYARD), IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. GUIDO POLVERINO. FILE NO. UP 93-09. After notification and Public Hearing as specified by law on the application of Guido Polverino allowing the establishment of a restaurant with a general on sale liquor license, outdoor seating and operational hours after 11 p.m. in a C- 2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on June 30, 1993; 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 93-09: The proposed restaurant use is compatible with the existing uses in the shopping center and with the retail and commercial uses in the general vicinity. The site is readily accessible to parking facilities. o The proposed liquor sales represent a minor portion of the restaurant operation and full food service will be provided throughout the restaurant during all business hours. The extended hours of operation on Friday and Saturday evenings is appropriate for restaurant use and compatible with the uses in the area. The outdoor seating is complimentary to the proposed business operation and is similar to other uses in the vicinity. 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, Resolution No. 2871 Adopted: August 24, 1993 Page Two o 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 yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with 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 use would generate. The proposed use is compatible with the uses in the area. USE PERMIT Approval is granted for a Conditional Use Permit allowing a restaurant at 1875 S. Bascom Avenue in Units 180 and 190 with: 1. On sale general liquor license sales 2. Outdoor seating 3. Operational hours after 11 p.m. APPROVED USE Approval is granted for a restaurant containing 235 indoor seats and 20 outdoor seats. The restaurant shall conform to exhibits in building plans prepared by HomeFed Bank (Project #923115) dated 6/30/93. Hours of Operation: Hours of operation are permitted as follows: Monday through Thursday Friday and Saturday Sunday Live Entertainment: Live 6 a.m. until 11 p.m. 6 a.m. until 12 midnight 6 a.m. until 11 p.m. entertainment is not approved or permitted with Conditional Use Permit 93-09. BUILDING PERMITS Applicant shall obtain all necessary building permits and clearances prior to occupancy. Approval is effective ten days after decision of approval of the Planning Commission, subject to the following Conditions of Approval, unless an Resolution No. 2871 Adopted: August 24, 1993 Page Three appeal is filed. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 24th day of August, 1993, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Lindstrom, Meyer-Kennedy, Perrine, Wilkinson None Alne, Akridge, Fox Approved: Steve PiaseckI Secretary Mark Wilkinson Acting Chairperson