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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