PC Res 2744RESOLUTION NO. 2744
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 THE ESTABLISHMENT OF A
RESTAURANT, ON PROPERTY LOCATED AT 1650-1750
SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT; APPLICATION OF MS.
JERI PETERSEN, ON BEHALF OF FRESH CHOICE, INC., FILE
NO. UP 91435.
After notification and Public Hearing as specified by law on the application of Ms.
Jeri Petersen, on behalf of Fresh Choice allowing a Conditional Use Permit for
the a beer and wine license, in conjunction with the establishment of a 7000
square foot restaurant, on property located at 1650-1750 South Bascom Avenue,
in a C-2-S (General Commercial) Zoning District, as per the application filed in
the Planning Department on March 1, 19911 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 91-05:
1. The proposed restaurant is permitted in the C-2-S Zoning District.
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The provision of 24 seats outside the restaurant will not be detrimental to the
shopping center and will contribute to the aesthetic appearances for this portion of
the center.
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The applicant has submitted a parking analysis which concludes that the shopping
center has excess parking and that adequate parking is provided for the use.
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The sale of beer/wine at this location is incidental to the main restaurant operation
and is found to be compatible to other uses in the shopping center.
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.
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.
Resolution No. 2644
adopted by the Planning Commission
on April 9, 1991
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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 does hereby grant the
requested Use Permit, subject to the following Conditions of Approval.
Approved Proiect: This approval is for a restaurant of a 7000 square foot, located on
a site identified as Assessor's Parcel Number 288-11-056. Development shall
substantially conform to the applicant's description and plans submitted as a portion
of this application. Project drawings and description limit this use to a restaurant of
180 interior seat and 24 exterior seats.
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Hours of Operation:
Sun. - Thurs.
Fri. - Sat.
Hours of operation to be limited to:
11:00 a.m., to 9:00 p.m.
11:00 a.m., to 10:00 p.m. (Planning)
Beer and Wine License: Beer and wine licenses to be restricted to alcohol sales in
conjunction with a restaurant operation. (Planning)
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Number of Employees: Use Permit Approval to limit number of employees to 35
per the applicant's description.
OUTSIDE SEATING
5. Design: Applicant to submit design of outside seating and umbrellas for approval of
the Planning Director prior to the building occupancy. (Planning)
BUILDING PERMITS
6. Building Permits: Applicant to obtain any necessary Building Permits for proposed
tenant improvements. (Building)
PUBLIC SAFETY/WELFARE
7. Handicapped Requirements: Applicant shall comply with all appropriate State and
City requirements for the handicapped. (Building)
Equipment Screening: All mechanical equipment on roofs and all utility meters to
be screened as approved by the Planning Director. (Planning)
Utility Connections: Plans submitted to the Building Division for plan
check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc. (Building).
Resolution No. 2744
adopted by the Planning Commission on
April 9, 1991
The applicant is notified as part of this application that he is required to comply
with all applicable Codes and/or Ordinances of the City of Campbell and the State
of California which pertain to this development and are not herein specified.
PASSED AND ADOPTED this 9th day of April 1991, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ATTEST:
Commissioners: Alne, Higgins, Perrine, Dougherty, Fox,
Meyer-Kennedy
Commissioners: None
Commissioners: Wilkinson
Steve Piasecki
Secretary
APPROVED:
Tane Meyer-Kennedy
Chairperson