PC Res 3070RESOLUTION NO. 3070
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION
WITH AN EXISTING RESTAURANT (POLLO REY) ON
PROPERTY LOCATED AT 1581 W. CAMPBELL AVENUE IN A
C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
APPLICATION OF POLLO'S MEXICAN CHICKEN I, L.P. UP 96-
16.
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 LIP 96-16:
The proposed use is consistent with the General Plan and Zoning designations which
indicate a commercial land use for this property.
Adequate on site parking and circulation has been provided for the proposed project and
the commercial and retail uses on site.
3. The proposed use is compatible with uses on site and with adjacent land uses.
The proposed outdoor seating area, subject to the conditions imposed, will result in a
use consistent with other commercial developments in the neighborhood
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the use 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.
The proposed site is adequate in size and shape to accommodate the proposed use and
site improvements to allow outdoor seating.
o
The establishment of an outdoor seating area will not create a nuisance due to noise,
litter, vandalism, traffic or other factors.
The establishment of an outdoor seating area of will not significantly disturb the peace
and enjoyment of the nearby residential neighborhood.
Planning Commission Resolution No. 3070
UP 96-16 - 1581 W. Campbell Avenue - Pollo Rey
Page 2
Further, the applicants are notified as part of this application that they are required to comply
with all applicable Codes and Ordinances of the City of Campbell and the State of California
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
Community Development Department:
Use Permit. Said approval is subject to the plans prepared for Pollo Mexican Chicken
(Pollo Rey) restaurant for a conditional use permit to allow outdoor seating consisting of
four tables and fourteen chairs.
2
Handicap Access. A minimum of 48" for handicap/wheelchair access shall be kept clear
and free of chairs and tables both along the front of the building, between the restaurant
door and the other businesses in the center, and also between the restaurant door and the
parking lot.
o
Business Operation. The applicant shall operate and maintain this use in a manner which
is not objectionable, offensive or incompatible with surrounding uses. Operation of this
use in violation of the Use Permit or City of Campbell standards, codes and ordinances
shall be grounds for revocation of the Use Permit.
PASSED AND ADOPTED this 14th day of January, 1997, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
,Susan Keams, Chair
ATTESTc~'
Steve P~asecki, Secretary
Alne, Gibbons, Jones, Keams, Lowe, Lindstrom,
Meyer-Kennedy
None
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