PC Res 2668RESOLUTION NO. 2668
PLANNING O2~94ISSION
BEING A RESOLUTION OF ~ PLANNING O3$94ISSION
OF THE CITY OF CAMPB~.L APPRDVING A USE PERMIT
~T.~mW-iNG ~ OUTDOOR PATIO DINING AT AN EXISTING
RESTAURANT AND RECOGNITION OF AN EXISTING USE
ALLOW ON-SITE SALE OF LIQUOR ON PRDPER~Y KNOWN AS
499 EAST HAMI~.TON AV~-t~, IN A C-2-S (G~qERAL
C~5~TAL) APPLICATION OF MR. ALAN PINN, UP 90-05).
After notification and public hearing as specified by law on the
application of Mr. Alan Pinn for a Use Permit and approval of an
outdoor patio dining area at an existing restaurant, and recognition
of an existir~ Use to allow on-site sales of liquor on property known
as 499 Fast Hamilton Avenue in a C-2-S (General C~mt~rcial) Zoning
District, as per the application filed in the Planning Department on
February 13, 1990; and, after presentation by the Planning Director,
proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning
Cummission did find as follc~s:
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.
2e
~tibility: 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 sturrou~ area.
e
Traffic: The proposed increased seating is minimal and the site
is adequately served by streets of sufficient capacity to carry
the kind and quality of traffic such use would generate.
4. Ccmt0atibility: The proposed use is compatible with the uses in
the area.
Based on the above findings, the Planning C~mL,~ssion does hereby grant
the requested Use Permit, subject to the following conditions:
Landscapinq/Irriqation: Landscaping plan indicating type and size
of trees, and location of irrigation system to be located in the
rear parking area to be submitted to the Planning Department and
approved by the Planning Director prior to application for a
RESOLUTION NO. 2668 -2- MARCH27, 1990
0
Use of Property: Applicant to suhnit a letter to the Planning
D~artment, satisfactory to tb~ City Attorney, prior to
application for building permit, limiting the use of the property
as follows:
- Outdoor seating not to exceed 24 seats.
- Indoor seating not to exceed 270 seats.
- The cumulative number of seats may not be randomly
distr~ between the main restaurant, bar, or outdoor
patio dining area.
- The primary function of the operation on the subject property
is a restaurant use.
PUBIC WORKS DEPARIM~qT:
3. Provide 5 foot by 5 foot P.U.E. on Hamilton Avenue frontage
adjacent to beck of sidewalk for traffic.
4. Install "No left turn" signs at Almarida exits.
5. Install street trees as directed by the City Engineer.
FIRE DEP~
0
As per Table 33A of the U.B.C., the 360 square feet provides
proper seating and exiting for only 24 seats. ~his will ensure
property exiting for the lower dining and patio areas.
Sales, service and consumption of alcoholic beverages shall be
permitted onlybetweenthe hours of 10:00 a.m., and midnight,
Sunday throughThursday, andbetween 10:00 a.m., and 1:00 a.m.,
Friday andSaturday.
8. The subject alcoholic beverage license shall not be exchanged for
a public premises type license.
The premises shall be maintained as a bona fide Mexican restaurant
and shall provide a menu containing an assortment of foods
normally offered in such restaurants.
10. The sale of beer and/or wine for consumption off the premises is
prohibited.
11.
Live entertainment open to the public shall be permitted only on
Independence Day, Cinco de Mayo, Easter Sunday and Mother' s Day.
Entertainment will consist of strolling mariachis and will cease
at 7:00 p.m. Live entertainment and D.J. may only be provided for
private functions.
12.
Atnotime shall the license offer for sale any alcoholicbeverage
for less than one dollar and fifty cents ($1.50) per single
serving (i.e., 1 oz. of distilled spirits, 6 oz. of wine, or 12
oz. of beer).
RESOLUTION NO. 2668 -3- MARC~27, 1990
The applicant is notified aspart of this application that he/she is
required tooumplywithall applicable Codes and/orOrdinanoe~ of the
City of Campbell and the State of California whichpertaintothis
development and arenotherein specified.
PASS~DANDADOPT~Dthis 27thday of March 1990, by the following roll
call vote:
AYES: Commissioners: Christ, Fox, Alne, Meyer, Wilkinson,
Olszewski, Perrine
NOES: Commissio~: None
ABS~T: C~,~tdssioners: None
Jay R. Perrine