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PC Res 2752RESOLUTION NO. 2752 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING A BEER AND WINE LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT, ON PROPERTY LOCATED AT 1875 SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT; APPLICATION OF FABISCO INDUSTRIES, FTLE NO. UP 91-11. After notification and Public Hearing as specified by law on the application of Fabisco Industries allowing a beer and wine license for an existing restaurant, in a C-2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on April 26, 1991; and, after presentation by the Planning Director, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. UP 91-11: 1. The site of the proposed use is designated for commercial uses. The site of the proposed use is not adjacent to a residential zoning district. o The proposed use will not constitute an over concentration of similar uses in the project area. 4. Additional police services will not be needed for the proposed use. 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 use is consistent with the General Plan and Zoning for the City of Campbell. o The proposal meets the requirements of the Campbell Municipal Code, Section 21.24.030, for approval of a Conditional Use Permit. Resolution No. 2752 adopted JUne 11, 1991 page two Based upon the foregoing findings, the Planning Commission approves the application subject to the. following Conditions of Approval This approval is for a Use Permit for a "on-sale" beer and wine license located at 1875 South Bascom Avenue, No. 118. 2. Food service must be available at all times beer and wine is available. No live entertainment is permitted. Use is limited to "on-sale" beer and wine only in conjunction with the full service restaurant. Sale of beer and wine is limited to the hours of 11:00 a.m. to 10:00 p.m., Monday through Saturday, and 12:00 noon to 9:00 p.m. on Sunday. Approval is effective ten days after derision 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 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 llth day of June 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Dougherty, Fox, Meyer-Kennedy None Higgins, Wilkinson APPROVED: lane Meyer-Kennedy Chairperson ATTEST: Steve Piasecki Secretary