PC Res 2820RESOLUTION NO. 2820
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
CONDITIONAL USE PERMIT ALLOWING AN ON-SALE
GENERAL LIQUOR LICENSE AND COCKTAIL LOUNGE ON
PROPERTY LOCATED AT 816 WEST HAMILTON AVENUE,
IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT;
APPLICATION OF MR. ARTHUR MILLER AND MR.
WAYNE DESHAW, FILE NO. UP 92-13.
After notification and Public Hearing as specified by law on the application of
Mr. Arthur Miller and Mr. Wayne DeShaw allowing an on-sale general
liquor license and cocktail lounge on property located at 816 West Hamilton
Avenue in a C-2-S (General Commercial) Zoning District, as per the
application filed in the Planning Department on September 3, 1992; 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 92-13:
1. The use is compatible with the existing uses in the shopping center.
2. The site provides adequate on-site parking facilities to serve the use.
3. The building maintains a distance of 175 feet from the adjacent residential
uses.
4. The six foot concrete block wall screens the use form the adjacent
residential uses.
5. The main entrance to the building is located along Hamilton Avenue.
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 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.
Resolution No. UP 92-13
adopted October 27, 1992
page two
2. 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.
3. 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, subject to the following Conditions of
Approval:
USE PERMIT: Use permit is approved for a cocktail lounge at 816 West
Hamilton Avenue and shall be conducted in the following manner:
Hours of Operation: 6:00 a.m. to 2:00 a.m. (the following day)
b. Number of Seats: 34, as indicated on the floor plan dated October
12, 1992. (Planning)
Liquor License: Applicant shall obtain an on-sale general liquor license
and comply with all necessary regulations set forth by the Department
of Alcohol Beverage Control. (Planning)
o
No Live-Entertainment: Live-entertainment is not requested or
approved in conjunction with this use permit. (Planning)
Trash Enclosure: A trash enclosure shall be constructed consistent
with the approved exhibits labeled "trash enclosure" and the location
approved by the Planning and Fire Departments. (Planning)
o
Pool Table: One pool table is permitted on the premises as depicted on
the approved floor plan exhibit. (Planning)
o
Fire Code Requirements: Use shall comply with Group A, Division 3
requirements of the Uniform Fire Code (Fire)
Resolution No. UP 92-13
adopted October 27, 1992
page three
o
Occupancy: Change of Use will require automatic sprinkler protection.
(Fired)
ge
Building Code Requirements: Comply with all necessary building
codes. Maintain a minimum of 48 inch clearance to and from two (2)
exterior exists. (Building)
Rear Exit: The rear exit shall not be used except for emergency exit use,
and delivery purposes only, and comply with all building codes for fire
exit requirements. The rear door shall remain unlocked during
regular operating hours.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinance of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 27th day of October 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Steve Piasecki
Secretary
Higgins, Perrine, Dougherty, Wilkinson,
Meyer-Kennedy, Alne, Fox
None
APPROVE D~i--.-.- "/' I I -'"' ~ --D~vid Fox,ICha~rperson