PC Res 3087RESOLUTION NO. 3087
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
TO ALLOW ON-SALE BEER AND WINE IN CONJUNCTION WITH A
RESTAURANT USE (MIDORI SUSHI) ON PROPERTY LOCATED AT
100 W. HAMILTON AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS.
MIDORI TORGERSON. FILE NO. UP 97-03.
After notification and public heating, 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 UP 97-03:
The proposed on-sale beer and wine 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 beer and wine license will be an incidental use to the primary restaurant use
and will not intensify the primary use.
The operating hours of the restaurant will be meal time hours from 11 a.m. and 2 p.m. and
from 5 p.m. to 9:30 p.m.
4. Adequate parking exists in the center to provide for the 30 seats in the restaurant.
The establishment, with 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.
The establishment, with beer and wine sales, will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
o
The establishment, with beer and wine sales, will not significantly disturb the peace and
enjoyment of nearby residential neighborhoods.
The establishment, with beer and wine sales, will not significantly increase the demand on
City services.
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.
Planning Commission Resolution No. 3087
UP 97-03 - 100 W. Hamilton Avenue - Midori Sushi
Page 2
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.
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
Approved Project: Approval is granted for a Conditional Use Permit (UP 97-03) to allow
an on-sale beer and wine license in conjunction with a restaurant located on property at
100 W. Hamilton Avenue. The use shall substantially comply with the applicant's letter
of request dated March 17, 1997.
2. Hours of Operation: Hours of operation shall be limited to 7 a.m. to 9:30 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 Use Permit per the City of Campbell Municipal Code.
PASSED AND ADOPTED this 22"d day of April, 1997, by the following roll call vote:
AYES: Commissioners:
Alne, Gibbons, Jones, Kearns, Lowe, Lindstrom, Meyer-
Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
~___ APPROVED:
ATTEST .~ '~7~~. ~
Steve Piasecki, Secretary
X3u~an A. Keams,'~l~ti3