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PC Res 2718RESOLUTION NO. 2718 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING THE ON-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH A FULL SERVICE RESTAURANT, ON PROPERTY LOCATED AT 2099 A. SOUTH BASCOM AVENUE, IN AN C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF HR. FARSHID REZAZADEH, UP 90-14. After notification and public hearing as specified by law on the application of Mr. Farshid Rezazadeh for a Use Permit and approval of on-sale of beer and wine in conjunction with a full service restaurant, on property located at 2099 A. South Bascom Avenue, in a C-2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on October 19, 1990,; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all the evidence presented, the Planning Commission did find as follows: The proposed use is incidental to the main operation of the full service restaurant. 2. Restrictions placed on the hours of operation and on premise beer and wine sales will enhance the compatibility of the use within a the center, and the surrounding development 3. There is not an over-concentration of liquor licenses in the immediate area. 4. There have been some disturbances to adjoining residences from the shopping center due to the late evening loitering. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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. 2. The proposed site is adequate in size and shape to accommodate the yards, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Resolution No. 2718 UP 90-14 - 2099 A South Bascom Avenue page two 4. The proposed use is compatible with the uses in the area. 5. The Conditions of Approval provide measures which reasonable discourage late night loitering in the parking lot. Based on the above findings, the Planning Commission does hereby grant the requested Use Permit, subject to the following conditions: 1. Hours of Operation: Hours of operation are limited as follows: - Sunday through Thursday - 11:00 a.m. to 10:00 p.m. - Friday and Saturday - 11:00 a.m. to 11:00 p.m. 2. Food Service: Food service must be available at all times when beer and wine are available. 3. Entertainment: No live entertainment is permitted. 4. Beer and Wine Sales: Use is limited on on-sale beer and wine only, in conjunction with the full service restaurant. Sale of beer and wine is permitted for patrons dining on the premises only. Sale of beer and wine to be taken off the premises is prohibited. 5. Security: Applicant to provide the following security measure as approved by the Planning Director to mitigate parking lot disturbances prior to issuance of the liquor license: a. Retain security lighting of the parking lot throughout night time hours. 6. Six-Month Review: If complaints relating to this application are received by the City, the Planning Commission may review this use permit in six-months and impose additional security measures to mitigate said impacts. The applicant is notified as part of this application that he/she 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 8th day of January 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Alne, Fox, Higgins, Perrine, Dougherty, Wilkinson, Meyer-Kennedy Commissioners: None Commissioners: None ATTEST: Steve Piasecki Secretary APPROVED: Jane P. Meyer-Kennedy Chairperson