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PC Res 3371RESOLUTION NO. 3371 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL MAKING THE DETERMINATION THAT A BILLIARDS USE IS A USE SIMILAR TO OTHER USES PERMITTED IN THE C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 21.59.070 OF THE CAMPBELL MUNICIPAL CODE. After notification and public hearing, as specified by law, and after presentation by the Community Development 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 this determination request with regard to a billiards establishment within a C-1-S CNeighborhood Commercial) Zoning District: A billiards establishment is similar to other uses permitted in the C-1 (Neighborhood Commercial) Zoning District, such as an arcade, dancing and entertainment, late night uses occurring between 11:00 p.m. and 6:00 a.m., or liquor establishments, which are allowed subject to the approval of a Conditional Use Permit. 2. A billiards establishment is similar in intensity to other uses permitted with a Conditional Use Permit in the C-1 (Neighborhood Commercial) Zoning District. Permitting a billiards establishment in a C-1 (Neighborhood Commercial) Zoning District with the approval of a Conditional Use Permit is in keeping with the intent and purpose of the C-1 (Neighborhood Commercial) Zoning District. 4. The requirement for approval of a Conditional Use Permit will ensure the compatibility of such proposed uses with the surrounding community. The Conditional Use Permit procedure will allow the Planning Commission an opportunity to review the compatibility of a billiards establishment at a specific location and to ensure that an over-concentration of such uses does not result. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Upon approval of a Conditional Use Permit, the establishment of a billiards establishment in a C-1 (Neighborhood Commercial) Zoning District 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. Planning Commission Resolution No. 3371 Determination that Billiards Use is Consistent with C-1 Zoning With a Use Permit Page 2 2. A billiards establishment is similar to other uses allowed in the C-1 (Neighborhood Commercial) Zoning District, subject to the approval of a Conditional Use Permit. A billiards establishment, subject to the approval of a Conditional Use Permit, will be compatible with the General Plan of the City and will not aid in the harmonious development of the City. PASSED AND ADOPTED this 14th day of August, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Hernandez, Jones and Lindstrom Doorley, Gibbons and Lowe None None ATTEST: APPROVED: Sharon Fierro, Secretary