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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