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PC Res 2410RESOLUTION N0. 2410 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING ON-SALE BEER AND WINE FROM A PIZZA PARLOR ON PROPERTY KNOWN AS 865 S. SAN TOMAS AQUINO RD. IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. (APPLICATION OF MR. HOMER YOUNAN, UP 86-13.) After notification and public hearing as specified by law on the application of Mr. Homer Younan for a Use Permit to allow on-sale beer and wine from a pizza parlor on property known as 865 S. San Tomas Aquino Rd. in a C-1-S (Neighborhood Commercial) Zoning District; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Commission did find as follows: 1. On-Sale Beer and Wine A. On-sale beer and wine is typical of most pizza parlors and small restaurants and generally does not create many problems. B. The Police Department does not object to on-sale beer and wine. C. On-sale beer and wine will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such use, or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. Off-Sale Beer and Wine A. Off-sale beer and wine could promote this location as a gathering place and result in problems for the Police Department. B. The Police Department is opposed to off-sale beer and wine at this location. C. A similar establishment previously located across the street resulted in numerous problems for the Police Department. D. Off-sale beer and wine would be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such use, or detrimental or injurious to property and improvements in the -, neighborhood or the general welfare of the City. RESOLUTION NO. 2410 UP 86-13 - 865 S. SAN TOMAS AQUINO RD. PAGE 2. Based on the above findings, the Planning Commission does hereby grant the requested. Use Permit, subject to the following conditions: 1. Applicant to obtain all necessary permits from the Department of Alcoholic Beverage Control. The applicant is notified as part of this application that he is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and the State of California which pertain to this. development and are not herein specified. PASSED AND ADOPTED this 9th day of September 1986 by the following roll call vote: AYES: Commissioners: Olszewski, Christ, Perrine, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Stanton. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary