PC Res 2690RESOLUTION NO. 2690
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT ALLOWING ESTABLISHMENT OF AN OUTSIDE SEATING AREA
AND A BEER/WINE LICENSE IN CONJUNCTION WITH AN EXISTING
COMMERCIAL BUILDING ON PROPERTY LOCATED AT 1777 SOUTH
BASCOM AVENUE (APPLICATION OF MR. JOSEPH APPENRODT, ON
BEHALF OF ERIK'S DELICAFE, UP 90-11).
After notification and public hearing as specified by law on the
application of Mr. Joseph Appenrodt for a Conditional Use Permit
approving establishment of an outside seating area and a beer/wine
license in conjunction with an existing commercial building on property
located at 1777 South Bascom Avenue, in a C-2-S (General Commercial)
Zoning District, as per the application filed in the Planning Department
on July 19, 1990; 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:
Scale: The proposed project use is an appropriate scale in
relationship to the adjacent developed uses.
Desiqn: The site and landscape plan is well designed and blends
into the neighborhood.
Parking: The parking provided meets code requirements for the
restaurant use and does not increase the existing parking
deficiency.
Design: The project will be aesthetically pleasing and add to the
interest of the streetscape.
Landscaping: Landscaping improvements are proposed which adds to
the aesthetics of the project and improves the project appearance.
Health/Safety: The establishment, maintenance or operation of the
use applied for will not be detrimental to the 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.
e
Compatibility: 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.
Compatibility:
area.
The proposed use is compatible with the uses in the
Resolution No. 2690
page two
Based on the above findings, the Planning Commission does hereby grant
the requested Use Permit, subject to the following conditions:
Approved Site Plan: The site plan shall be modified to accommodate
two-way aisles, sufficient backup area, realignment of curbs and
minimum 15 foot landscape area as "redlined" on the exhibit labelled
"Revised Site Plan" sheet no. C2.
Awninqs/umbrellas: Revised elevations and/or site plan indicating
awning or umbrellas to be submitted to the Planning Department and
approved by the Planning Director upon recommendation of the
Architectural Advisor prior to application for a Building Permit.
Landscapinq and Fencing: Property to be fenced and landscaped as
indicated and/or added in red on the plans. Landscaping and fencing
shall be maintained in accordance with the approved plans. A
minimum 15 feet landscape area shall be provided between the
sidewalk on Bascom Avenue and the outdoor dining area.
Landscaping: Landscaping plan indicating type and size of plant
material, and location of irrigation system to be submitted to the
Planning Department and approved by the Site and Architectural
Review Committee prior to issuance of a building permit. The
landscaping plan shall include provision for adequate trash
enclosures.
Fencing Plan: Fencing plan indicating location and design details
of screen wall to be submitted to the Planning Department and
approved by the Planning Director prior to issuance of a Building
Permit.
Posting of Bonds: Applicant to either (1) post a faithful
performance bond in the amount of $4000 to ensure landscaping,
fencing, and striping of parking areas within 3 months of completion
of construction; or (2) file a written agreement to complete
landscaping, fencing, and striping of parking areas. Bond or
agreement to be filed with the Planning Department prior to
application for a Building Permit.
Screeninq: Ail mechanical equipment on roofs and all utility meters
to be screened as approved by the Planning Director.
Parking: Ail parking and driveway areas to be developed in
compliance with Chapter 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs or
bumper guards.
Underqround Utilities: Underground utilities to be provided as
required by Section 20.36.150 of the Campbell Municipal Code.
Resolution No. 2690
page three
10. Utilities: Plans submitted to the Building Division for a plan
check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone
and television cables, etc.
11. Siqns: Sign application to be submitted in accordance with
provisions of the Sign Ordinance for all signs. No sign to be
installed until application is approved and permit issued by the
Planning and Building Departments (Section 21.53 of the Campbell
Municipal Code).
12. Trash Disposal: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of
refuse, garbage, wet garbage and rubbish produced within the limits
of the City of Campbell shall be made with Green Valley Disposal
Company. This requirement applies to all single-family dwellings,
multiple apartment units; to all commercial, business, industrial,
manufacturing, and construction establishments.
13. Trash Containers: Trash container(s) of a size and quantity
necessary to serve the development shall be located in area(s)
approved by the Fire Department. Unless otherwise noted,
enclosures(s) shall consist of a concrete floor surrounded by a
solid wall or fence and have self-closing doors of a size specified
by the Fire Department. All enclosures to be constructed at grade
level and have a level area adjacent to the trash enclosure area to
service these containers.
14. Handicapped Requirements: Applicant shall comply with all
appropriate State and City requirements for the handicapped.
15. Liquor License: Applicant must meet all Alcoholic Beverage Control
Type 41 Liquor License Requirements.
16. Hours of Operation: Hours of operation will be limited to 6:00
a.m., until 11:00 p.m.
17. Approved Use: Approval is granted to operate a restaurant/deli with
a maximum of 80 seats. Sale of beer and wine to be served with food
is permitted.
18. The tenant space shall comply with Group A, Division 3 Occupancy
Requirements.
19. Applicant to process a lot line adjustment to combine the existing
lot with adjacent City owned remnant parcel.
Resolution No. 2690
page four
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 28th day of August 1990, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Christ, Alne, Wilkinson, Perrine
None
Fox, Meyer
ATTEST:
Steve Piasecki
Secretary
APPROVED:
Jay R. Perrine
Chairman