PC Res 2748RESOLUTION NO. 2748
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMENDING CITY COUNCIL RATIFY PLANNING
COMMISSION APPROVAL OF THE DOWNTOWN DEVELOPMENT
PERMIT, ALLOWING A 45 SEAT RESTAURANT IN AN EXISTII~G
COMMERCIAL BUILDING, ON PROPERTY LOCATED AT 422 EAST
CAMPBELL AVENUE, IN A C-3-S (CENTRAL BUSINESS) ZONING
DISTRICT; APPLICATION OF MR. KEITH KANADY, ON BEHALF OF
CAMPBELL DINER, FILE NO. DD? 91-01.
After notification and Public Hearing as specified by law on the application of
Mr. Keith Kanady approving a Downtown Development Permit to allow a 45
seat restaurant in an existing commercial building, located at 422 East
Campbell Avenue, in a C-3- S (Central Business) Zoning District, as per the
application filed in the Planning Department on March 28, 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. DDP 91-01.
Existing uses are required to meet current parking standards when
there is a increase in intensity which requires more parking than is
currently provided unless the City Council, upon recommendation
from the Planning Commission, finds that the existing parking will
adequately meet the demands generated by the increase in intensity,
and will not be detrimental to the overall parking and circulation in
the area. The proposed use is an increase in intensity requiring an
additional three (3) parking spaces.
o
The permit contains conditions that insure that the requested increase
in intensity will not unduly deprive other properties of their fair share
of parking, and requires the building owner to join a future parking
district, should one be established, provide the required parking, or
revert to 30 spaces.
The conditions of approval mitigate the potential parking problem.
Therefore, the establishment, maintenance, and operation of the
proposed use would not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing working in
the neighborhood of such use, or detrimental or injurious to property
and improvements in the neighborhood or the general welfare of the
city.
Resolution 2748
Pa~e -2-
May 14, 19~1
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that the facts demonstrate:
The establishment, maintenance, and operation of the proposed use
would not be detrimental to the health, safety, peace, morals, comfort
or general welfare of the persons residing or working in the
neighborhood of such use, or detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City.
The proposed site is adequate in size and shape to accommodate the
yards, wall, fences, parking ~nd loading fa~lities, 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.
Based upon the above findings, the Planning Commission recommends that
the City Council approve of the application, subject to the following
Conditions of Approval:
SITE AND BUILDING DESIGN
1. Permitted Use
This approval is for a forty-five (45) seat restaurant located at 422 East
Campbell Avenue. Development shall be substantially as shown on
the drawings dated March 25, 1991.
STREET/SITE IMPROVEMENTS
2. Parking
In the event that a Parking District is formed within twenty years
(20) from the date last entered below, that would benefit the
properties lying between Orchard City Drive and Civic Center in
the City of Campbell, Owner shall, at that time, either:
Partidpate in said Parking District under the same terms
and conditions as all other partidpating property owners;
Satisfy, within twelve (12) months, all parking
requirements of the City of Campbell that are in force at
that time regardless of when such requirements were
Resolution 2748
Pa~e -3-
May 14, 1991
enacted;
3. Revert the use to thirty (30) seats or less.
PUBLIC SAFETY/WELFARE
3. Code Requirements
The applicant shall comply with all requirements of the Campbell
Building Department and Fire Department, and obtain all necessary
permits.
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 14th day of May 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
ATI'EST:
Steve Piasecki
Secretary