PC Res 2797RESOLUTION NO. 2797
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING A CONDITIONAL USE PERMIT
ALLOWING A 48 SEAT RESTAURANT WITH AN ON
AND OFF SALE BEER/WINE LICENSE ON PROPERTY
LOCATED AT 525 EAST CAMPBELL AVENUE, IN A PD
(PLANNED DEVELOPMENT/COMMERCIAL) ZONING
DISTRICT; APPLICATION OF MR. HENRY MORADO,
FILE NO. UP 92-05.
After notification and Public Hearing as specified by law on the application of
Mr. Henry Morado allowing a 48 seat restaurant with an on and off sale
beer/wine license in a PD (Planned Development/Commercial) Zoning
District, as per the application filed in the Planning Department on March 5,
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 92-05:
1. The proposed restaurant is located in a PD (Planned
Development/Commercial) Zoning District with a Commercial
General Plan land use designation.
The use will be located in an existing shopping center, located on a
major arterial street.
o
Currently, there are no other establishments selling beer and wine in
the shopping center.
The Police Department does not have any objection to the proposed
use.
The parking deficiency of seven spaces is not considered significant in
relationship to the entire shopping center due to various time
demands of restaurant uses versus other retail uses and the concept of
shared parking.
Resolution No. 2797
adopted April 28, 1992
page 2
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
o
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.
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.
Approval is effective ten days after decision of approval of the Planning
Commission, subject to the following Conditions of Approval, unless an
appeal is filed:
SITE AND BUILDING DESIGN
1. Approved Project:
This approval is for an on and off sale wine and beer license in
conjunction with a 48 seat restaurant located on a site identified as
Assessor's Parcel Number 279-43-020. Development shall substantially
conform to the applicant's description and plans submitted as a portion
of this application.
Hours of Operation
Hours of operation are to be limited to 10 a.m.
(Planning)
to 10 p.m. daily.
o
Building Permits
Applicant to obtain any necessary building permits for proposed tenant
improvements. (Building)
Resolution No. 2797
adopted April 28, 1992
page 3
Roof Equipment
Any roof equipment is to be adequately screened. (Planning)
Signs
Sign application to be submitted in accordance with provisions of the
Sign Ordinance for all signs. No sign to be installed until application is
approved and permit issued by the Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code).
(Planning)
PUBLIC SAFETY/WELFARE
6. Handicap Requirements:
Applicant shall comply with
requirements for the handicapped.
all appropriate State and City
(Building)
Occupant Load:
Conditional Use Permit approval is for 48 seats based on available
parking.
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 28th day of April, 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Higgins, Meyer-Kennedy, Fox
None
Perrine, Dougherty, Wilkinson
APPROVED:
pox, t_~mrl~erson j
ATTEST:
Steve Piasecki
Secretary