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PC Res 2883RESOLUTION NO. 2883 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GENERAL ON SALE BEER AND WINE LIQUOR LICENSE FOR AN EXISTING DELI (SCHLOTZSKY'S DELI) ON PROPERTY LOCATED AT 1822 S. BASCOM AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF KATHERINE WATERS, ON BEHALF OF WATERS & HOM. FILE NO. UP 93-11. After notification and Public Hearing as specified by law on the application of Katherine Waters, on behalf of Waters & Horn, Inc., for approval of a Conditional Use Permit to allow a general on sale beer and wine liquor license for an existing deli (Schlotzsky's Deli) located at 1822 S. Bascom Avenue in a PD (Planned Development) Zoning District, as per the application filed in the Planning Department on August 10, 1993; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file UP 93-11: The proposed deli use with beer and wine sales is compatible with the existing uses in the shopping center and in the general vicinity. 2. The site is readily accessible to an adequate parking facility. The proposed liquor sales represent a minor portion of the deli operation and full food service will be provided throughout the restaurant during all business hours. Based upon the foregoing findings of fact, the Planning Commission further finds and 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, 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 use in the surrounding area. Resolution No. 2883 UP 93-11 --1822 S. Bascom Avenue Adopted on October 12, 1993 Page 2 The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. o The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Approval is effective ten days after decision of approval of the Planning Commission, unless an appeal is filed. Further, the applicant is notified as part of this application that he is required to comply, 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 Project: This approval is for a Conditional Use Permit to allow an on/off sale beer and wine license in conjunction with an existing deli operation. Project approval shall substantially comply with the applicant's project description and plans prepared by Designer's Collective dated July 13, 1993. Applicant to obtain approval of beer and wine license from the State of California Department of Alcohol Beverage Control. Resolution No. 2883 UP 93-11 --1822 S. Bascom Avenue Adopted on October 12, 1993 Page 3 o e Hours of Operation: Hours of operation to comply with the following: Monday - Thursday Friday & Saturday Sunday 10:30 a.m. to 9 p.m. 10:30 a.m. to 10 p.m. 10:30 a.m. to 8 p.m. Trash Enclosure: Applicant to provide screened trash enclosure area per Campbell Municipal Code. PASSED AND ADOPTED this 12th day of October 1993, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: /kine, Akridge, Lindstrom, Perrine, Meyer- Kennedy Commissioners: None Commissione~ ~ -- ne, Chairperson ~'~ Steve Piasecki, Secretary