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PC Res 2777RESOLUTION NO. 2777 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING AN ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A PIZZA RESTUARANT, ON PROPERTY LOCATED AT 1640 SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT; APPLICATION OF PIZZA A GO-GO, FILE NO. UP 91-22. After notification and Public Hearing as specified by law on the application of Pizza A Go-Go allowing an on-sale beer and wine license in conjunction with a Pizza restaurant on property located at 1640 South Bascom Avenue in a C-2- S (General Commercial) Zoning District, as per the application filed in the Planning Department on October 31, 1991~ 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 91-22: The proposed restaurant is located in the C-2-S (General Commercial) Zoning District. o The use will be located in an existing shopping center, located at the intersection of two major arterial streets. o Currently there is one other restaurant selling beer and wine in the shopping center, and two (2) establishments selling liquor for off-site consumption. o The Police Department does not have any objection to the proposed use. The parking deficit of five spaces is not considered significant in relationship to the entire shopping center due to various time demands of restaurant uses versus retail uses. 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 UP 91-22, 640 South Bascom, Suite E Pizza A Go-Go, Resolution No. 2777 Adopted by Planning Commission on December 10, 1991 page two improvements in the neighborhood or to the general welfare of the City. o 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; 4. The proposed use is compatible with the uses in the area. Further, the applicant is advised that the Use Permit is contingent upon the following Conditions of Approval: Approved Project: This approval is for an on-sale wine and beer license in conjunction with a restaurant located on a site identified as Assessor's Parcel Number 288- 02-08. 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 11 a.m. to 12 midnight daily. (Planning) Building Permits Applicant to obtain any necessary Building Permits for proposed tenant improvements. (Building) Handicap Requirements: Applicant shall comply with all appropriate State and City requirements for the Handicapped. (Building) Exit Signage: An exit sign must be provided at the secondary exit per Section 33014 of the Uniform Building Code. (Building) Sanitation and Health Departments Approval: Applicant to obtain Sanitation and Health Departments approval for operation without a dishwasher and grease trap. (Building) UP 91-22, 640 South Bascom, Suite E Pizza A Go-Go, Resolution No. 2777 Adopted by Planning Commission on December 10, 1991 page three o Occupant Load: Conditional Use Permit approval is for 44 seats based on parking. Approval is effective ten days after decision of approval of the Planning Conunission, unless an appeal is filed. 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 10th day of December 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Dougherty, Wilkinson, Fox, Meyer-Kennedy None None APPROVED: lane Meyer-Kennedy Chairperson ATTEST: Steve Piasecki