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PC Res 3076RESOLUTION NO. 3076 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXTENDED OPERATIONAL HOURS FROM 11 A.M. TO 2 A.M., SEVEN DAYS A WEEK, AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT (ROCK BOTTOM BREWERY) ON PROPERTY LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF ROCK BOTTOM BREWERY. UP 97-01. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application UP 97-01: The proposed live entertainment use and extended late night hours of operation in conjunction with a restaurant is consistent with the General Plan and (C-2-S) General Commercial zoning designations for the site. 2. The existing parking and circulation will not be modified and will result in a project which integrates the proposed uses on site. 3. Adequate on site parking and circulation has been provided for the proposed project and the existing commercial, office and retail uses on site. 4. The proposed live entertainment use and the extended operational hours past 11 p.m. will be incidental to the primary restaurant use and will not intensify the primary use. 5. The proposed live entertainment use and the extended operational hours past 11 p.m. are compatible with uses on site and with adjacent land uses. 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. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area. 3. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. Planning Commission Resolution No. 3076 UP 97-01 - 1875 S. Bascom Avenue - Rock Bottom Brewery 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. APPROVED PROJECT Use Permit. The applicant and proposed uses shall substantially comply with the Planning Commission approval. Said approval is subject to the description of uses as indicated in the letter submitted by Rock Bottom Restaurants dated February 4, 1997, which request operating hours past 11 p.m. and live entertainment. 2. Operational Hours. Operational hours shall be permitted from 11:00 a.m. to 2:00 a.m., seven days per week, for food service. o Live Music: Music bands shall be limited to play only within the building and shall not be allowed to play within the outdoor patio area. Music shall not exceed a noise level which is found to be inappropriate in accordance with the noise element of the General Plan. The indoor and/or outdoor audio sound system or music shall not be audible at any property line. Police Approval: The applicant is required to obtain any and all licenses/approvals from the Police Department for the proposed live entertainment use prior to operation of the live music. 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 25~ day of February, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Steve Piasecki, Secretary Alne, Jones, Keams, Lowe, Lindstrom, Meyer-Kennedy None Gibbons None APPROVED: ~~~'//~ ~ ~usan A. Keams, Chair