PC Res 3783
RESOLUTION NO. 3783
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING THE REINSTATE-
MENT/EXTENSION OF APPROVAL (PLN2006-157) OF A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2004-
188) TO ALLOW LATE NIGHT ACTVITIES FOR A RESTAURANT IN
DOWNTOWN CAMPBELL ON PROPERTY OWNED BY MR.
ROBERT RAFFANTI LOCATED AT 266 E. CAMPBELL AVENUE IN
THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
APPLICATION OF MR. SAM RAMIREZ. FILE NO: PLN2006-157.
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 application PLN2006-157
1. There have been no changes in the General Plan and the zoning of the property
since the previous approval of the project.
2. There have been no changes in the development standards or regulations which
would warrant change to the conditions of approval, other than the request for an
extension of time.
3. The applicant is requesting the extension of time to facilitate the completion of the
project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional
Use Permit approval, and complies with all other applicable provisions of this Zoning
Code and the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the
fences and walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
Planning Commission Resolution No. 3783
PLN2006-157 - 266 E. Campbell Avenue -- Reinstatement/Extension of Approval
Page 2
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
7. No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves the
Reinstatement/Extension of Approval (PLN2006-157) of a previously approved
Conditional Use Permit (PLN2004-188) to allow late night activities for a restaurant in
Downtown Campbell on property owned by Mr. Robert Raffanti located at 266 E.
Campbell Avenue in the C-3-S (Central Business District) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Plannina Division
1. Development Approval Expiration: Approval is granted for an Extension of Time
(PLN2006-157) to a previously-approved Use Permit (PLN2004-188) to allow late
night activities for a restaurant in Downtown Campbell at 266 E. Campbell Avenue.
The Extension of Time for the Use Permit approval is valid for a period of 60 days
from the Planning Commission approval and will expire on February 9,2007, unless
executed.
Planning Commission Resolution No. 3783
PLN2006-157 - 266 E. Campbell Avenue -- Reinstatement/Extension of Approval
Page 3
2. Previous Conditions: All conditions of approval of the previously-approved Use
Permit (PLN2004-188) as approved by Resolution No. 3649 shall remain in effect,
except as modified by conditions herein.
3. Business Openino: The tenant shall be open for business within 60 days from the
date of approval of the time extension. Failure to meet this deadline of February 9,
2007, will result in the Conditional Use Permit being void.
4. Storefront & Outdoor Improvements: The tenant shall submit plans for review and
approval for completion of all storefront and outdoor improvements to the building
within 60 days of approval of the time extension (by February 9, 2007). The tenant
shall complete all storefront and outdoor improvements within six months of the
approval of the time extension (by June 9, 2007).
PASSED AND ADOPTED this 28th day of November, 2006, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Rocha and
Roseberry
None
Ebner
None
APPROVED~4-~
Bob Alderete, Chair
Commissioners:
Commissioners:
Commissioners:
ATTEsr:,4L ~
Sharon Fierro, Secretary