PC Res 3080RESOLUTION NO. 3080
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MODIFICATION
TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT
(UP 93-06) TO ALLOW EXTENDED HOURS OF OPERATION
IN CONJUNCTION WITH A RESTAURANT USE (SUSHI BOAT
KAZOO) ON PROPERTY LOCATED AT 10 E. HAMILTON
AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MS. KAZUYO
MATSUMOTO. FILE NO. M 97-06 (UP 93-06).
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 97-06 (UP 93-06):
The proposed extended hours of operation and on-sale beer and wine service in
conjunction with a restaurant use is consistent with the General Plan and (C-I-S)
General Commercial zoning designations for the site.
The on-sale beer and wine license will be an incidental use to the primary restaurant
use and will not intensify the primary use.
o
The proposed operating hours of the restaurant are consistent with normal operating
hours for commercial businesses.
The proposed operating hours of the restaurant are compatible with the adjacent
uses in the shopping center and the surrounding neighborhood.
The applicant will comply with the seating requirements established in UP 93-06b
allowing a total of 90 seats (70 interior/20 exterior).
o
The establishment, with the extended hours of operation and beer and wine sales,
will not create a need for additional parking spaces.
The establishment, with beer and wine sales, will not result in an over-concentration
of such uses in the area.
o
The establishment, with the extended hours of operation and beer and wine sales,
will not create a nuisance due to noise, litter, vandalism, traffic or other factors.
°
The establishment, with the extended hours of operation and beer and wine sales,
will not significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
Planning Commission Resolution No. 3080
M 97-06 (UP 93-06) - 10 E. Hamilton Avenue - Sushi Boat Kazoo
Page 2
10. The establishment, with extended hours of operation and beer and wine sales, will
not significantly increase the demand on city services.
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 the surrounding uses in the area.
o
The proposed project is adequately served by streets of sufficient capacity to carry
the kind and quantity of traffic such uses would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the Ordinances of the City of Campbell and
the State of California. 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
Approved Project: Approval is granted for a Modification to a previously-approved
Use Permit (UP 93-06b) to allow extended hours of operation and on-sale beer and
wine sales in conjunction with the establishment of a new restaurant, Sushi Boat
Kazoo, to be located on property at 10 E. Hamilton Avenue. The use shall comply
with the conditions of approval of the previously-approved Use Permit with the
exception of extended hours of operation on Sundays to 10:00 p.m. and on-sale beer
and wine service. The proposed project shall also substantially comply with the
applicant's letter of request dated February 24, 1997.
2. Operational Hours: Hours of operation for the restaurant shall be as follows:
Monday - Sunday: 6:30 a.m. to 10:00 p.m.
3°
ABC License: The applicant shall obtain any and all licenses/approvals from the
State of California, Department of Alcoholic Beverages Control.
Planning Commission Resolution No. 3080
M 97-06 (UP 93-06) - 10 E. Hamilton Avenue - Sushi Boat Kazoo
Page 3
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 this approval or City of Campbell standards,
codes and ordinances shall be grounds for revocation of this approval.
PASSED AND ADOPTED this 25t~ day of March, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alne, Gibbons, Jones, Keams, Lindstrom
None
Lowe, Meyer-Kennedy
None
ATTEST'
'Susan Kearns, Chair
Steve'Piasecki, Secretary