PC Res 3191RESOLUTION NO. 3191
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 98-
13) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT
(UP 92-05) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE
IN CONJUNCTION WITH AN EXISTING RESTAURANT (JALISCO)
ON PROPERTY LOCATED AT 525 E. CAMPBELL AVENUE IN A
PD (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF HENRY AND OFELIA MORADO. FILE NO. M
98-13.
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 M 98-13:
The proposed on-sale general liquor license in conjunction with an eating establishment is
consistent with the General Plan Land Use and Zoning Designations for the project site.
The on-sale general liquor license will be an incidental use to the primary restaurant use and
will not intensify the primary use.
3. The operating hours of the restaurant will be from 10 a.m. to 10 p.m.
4. Adequate parking exists in the center to provide for the 48 seats in the restaurant.
o
The establishment, with general liquor sales in conjunction with the serving of food, will not
create a need for additional parking spaces.
o
The establishment, with general liquor sales in conjunction with the serving of food, will not
result in an over concentration of such uses in the area.
The establishment, with general liquor sales in conjunction with the serving of food, will not
create a nuisance due to noise, litter, vandalism, traffic or other factors.
o
The establishment, with general liquor sales in conjunction with the serving of food, will not
significantly disturb the peace and enjoyment of nearby residential neighborhoods.
The establishment, with general liquor sales in conjunction with the serving of food, will not
significantly increase the demand on City services.
Planning Commission Resolution No. 3191
M 98-13 - 525 E. Campbell Avenue
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
The proposed project 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.
°
The proposed site is adequate in size and shape to accommodate the said use with surrounding
uses in the surrounding area.
The proposed project is adequately served by streets of sufficient capacity to carry the kind and
quality of traffic such uses would generate.
4. The proposed use is compatible with the uses in the 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:
Approved Project: Approval is granted for a Modification (M 98-13) to a Conditional Use
Permit to allow an on-sale general liquor license in conjunction with a restaurant located on
property at 525 E. Campbell Avenue. The use shall substantially comply with the applicant's
letter of request dated August 20, 1998, and with the plans submitted.
2. Hours of Operation: Hours of operation shall be limited to 10 a.m. - 10 p.m.
o
ABC License: The applicant shall obtain any and all licenses/approvals from the State of
California, Department of Alcoholic Beverages Control.
Use Compliance: Non-compliance with the Conditions of Approval are subject to the
revocation of the Conditional Use Permit (M 98-13) per the City of Campbell Municipal Code.
Planning Commission Resolution No. 3191
M 98-13 - 525 E. Campbell Avenue
Page 3
PASSED AND ADOPTED this 13th day of October, 1998, by the following roll call vote:
AYES: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom
NOES: Commissioners: None
ABSENT: Commissioners: Lowe ~ ~
ABSTAIN: Commissioners: Meyer-Kennedy
,,0 /"~ APPROVED:
/7// [ / Brt~d Jones, Acti~Chair
ATTE S T: .~/.,~-~~.,,__~_ _..
Steve PY~secki, Seci'etra?y