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PC Res 3250RESOLUTION NO. 3250 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN EXTENSION (PLN99-22) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 98-11) TO ALLOW A BILLIARD ESTABLISHMENT ON PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR GARY MERLO. FILE NO. PLN99-21 (UP 98-11). 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 PLN99-21 (UP 98-11). There have been no changes in the General Plan and the zoning of the property since the previous approval of the project. There have been no changes in the development standards or regulations that would warrant change to the conditions of approval, other than the request for an extension of time. o The applicant is requesting the extension of time to facilitate the completion of the project. ° There have been no changes in the proposed project other than the request for an Extension of time. 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 and the local zoning ordinance. The proposed project as conditioned will aid in the harmonious development of the immediate area. 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. 4. The Extension of time to the Conditional Use Permit (UP 98-11) for this project is for a period of one-year from the date of the Planning Commission approval. Planning Commission Reso~,,tion No. 3250 PLN99-21 (UP 98-11) -- 368 E. Campbell Avenue - Extension of Use Permit (Pockets) Page 2 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the proposed use would generate. 6. The proposed site is adequate in size and shape to accommodate the proposed project and will integrate well with the existing uses in the surrounding area. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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: 1. Development Approval Expiration: Approval is granted for a One Year Extension (PLN99- 21) of time to a previously approved Conditional Use Permit (UP 98-11) to allow the establishment of a billiard hall within a two-story commercial building to be constructed at 368 E. Campbell Avenue, and to allow an incidental on-sale general liquor license and late night hours of operation for the billiard hall. The Extension of Time for the Conditional Use Permit (UP 98-11) is valid for a period of one year from the previous Planning Commission approval and will expire on November 24, 2000. Previous Conditions: All conditions of approval of the previously approved Conditional Use Permit (UP 98-11) as approved by Resolution No. 3207 shall remain in effect, except as modified by conditions herein. PASSED AND ADOPTED this 14th day of December, 1999, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: None ABSENT: Commissioners: Lindstrom ABSTAIN: Commissioners: None Francois, Gibbons, Hernandez, Jones, Kearns, Lowe APPROVED: Brad Jones,"'~Chair ATTEST: Sharon Fierro, Secretary