Loading...
PC Res 2796RESOLUTION NO. 2796 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT ALLOWING A VIDEO ARCADE, ON PROPERTY LOCATED AT 24 EAST CAMPBELL AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT; APPLICATION OF MR. PHIL SCHLAEFER, FILE NO. UP 92-06. After notification and Public Hearing as specified by law on the application of Mr. Phil Schlaefer allowing a video arcade in a PD (Planned Development) Zoning District, as per the application filed in the Planning Department on May 9, 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 finds as follows with regard to Application number UP 92-06 for a Conditional Use Permit from the City Zoning Ordinance: 1. The arcade use will not result in an intensification of the previous uses. 2. The use complies with the provisions of the Arcade Ordinance of the Campbell Municipal Code. 3. The Police Department has no objection or requirement to establish the arcade use. 4. The use will primarily consist of retail sales, while the arcade serves as a minor portion of the business. Based on 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 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. 2. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 3. The proposed use is compatible with the uses in the area. Resolution No. 2796 adopted by the Planning Commission on May 12, 1992, and amended by City Council on May 19, 1992 page 2 Based upon the above findings, the Planning Commission recommends that the City Council grant the requested proposal, subject to the following Conditions of Approval: Approved Use: The Use Permit is to allow an arcade use in conjunction with a retail sales operation of collectible items located at 24 East Campbell Avenue as described below: go Business Description Hours of operation: Monday - Sunday -- 11:00 a.m. - 7:00 p.m. Number of Employees: 1 Sales Inventory: Comic books, game cards and collectible item sales. Number of Amusements Devices: 14 maximum B. Space Utilization Retail area: Video Arcade Area: Storage Area: Restroom: (Commercial Building) 1,000 square feet 300 square feet 450 square feet 50 square feet Total Building Area: 1800 Square feet ° The applicant is required obtain City Council approval of an Arcade Permit as specified in the Campbell Municipal Code Section 5.30 in conjunction with the Use Permit prior to operation of the arcade use. 3. Equipment Screening: All mechanical equipment on roofs and all utility meters to be screened, subject to approval by the Planning Director. o Signs: Sign application to be submitted in accordance with provisions of the Sign Ordinance for a revised sign program within 60 days of approval. (Section 21.53 of the Campbell Municipal Code). (Planning) ° Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple-family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) Resolution No. 2796 adopted by the Planning Commission on May 12, 1992, and amended by City Council on May 19, 1992 page 2 Trash Containers: Trash container(s) of a size and quality necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. (Fire) o Pavement Repair: Applicant or owner to repair and resurface pavement areas of Assessor's Parcel No. 412-05-038 in a manner satisfactory to the Building Official as required by Chapter 21.50 of the Campbell Municipal Code. *8. Six-month Review: A review of the use shall be conducted by the City Council six (6) months from the date of approval. 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: Meyer-Kennedy, Higgins, Alne, Fox None Perrine, Dougherty, Wilkinson ATTEST: APPROVED: Steve Piasecki, Secretary David Fox, Chairperson * Amended by the City Council on May 19, 1992