Loading...
PC Res 3097RESOLUTION NO. 3097 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 95-18) TO ALLOW A GENERAL LIQUOR LICENSE IN CONJUNCTION WITH A RESTAURANT USE (PEDRO'S CABO GRILL) ON PROPERTY LOCATED AT 1710 W. CAMPBELL AVENUE IN C-I-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JOHN KIRKORIAN, ON BEHALF OF KIRKORIAN DEVELOPMENTS. FILE NO. M 97-09 (UP 95-18). 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 M 97-09 (UP 95-18). 1. The proposed use is consistent with the General Plan and Zoning designations which indicate a commercial land use for this property. 2. The proposed use is a full service restaurant and will provide general liquor sales in conjunction with the full restaurant use. 3. The applicant's proposed operational hours do not exceed the operating hours of surrounding tenants in the center. 4. The existing parking and circulation will adequately serve the proposed and existing uses on site. 5. The proposed use is not significantly different from the existing restaurant use and is compatible with uses on site and with the 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 use and site improvements to allow outdoor seating. Planning Commission Resolution No. 3097 M 97-09 (LIP 95-18) - 1710 W. Campbell Avenue- Pedro's Page 2 3. The establishment, with the service of alcoholic beverages, will not result in an over concentration of such uses in the area. 4. The establishment, with the service of alcoholic beverages, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 5. The establishment, with the service of alcoholic beverages, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 6. The establishment, with the service of alcoholic beverages, will not significantly increase the demand on city services. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance 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 Modification to Use Permit. The applicant and proposed uses shall substantially comply with the Planning Commission approval allowing on-sale general liquor sales in conjunction with a full service restaurant known as Pedro's Cabo Grill. Said approval is subject to the description of the use as indicated in the letter submitted by Kirkorian Enterprises dated June 2, 1997 (Attachment A) and the follow-up letter dated June 23, 1997 (Attachment B). 2. Operational Hours. Permitted from 6:00 a.m. to 11:00 p.m. daily. 3. Seating: 79 indoor and 34 outdoor seats are permitted with the approved use only. 4. Building Permits. The applicant shall obtain all necessary Building or Electrical permits prior to establishment of the restaurant use. o Alcohol and Beverage Control. The applicant shall obtain a license from the State Department of Alcohol and Beverage Control prior to the sale of alcoholic beverages in conjunction with this use permit. Business Operation. No separate bar service is permitted. The service of alcoholic beverages shall be in conjunction with food service for this or any future use. 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. Planning Commission Resolution No. 3097 M 97-09 (UP 95-18) -- 1710 W. Campbell Avenue- Pedro's Page 3 7. Outdoor Noise. Outdoor audio sound system shall not be audible at any property line.. No live entertainment is permitted with this use permit. PASSED AND ADOPTED this 8h day of July, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alne, Gibbons, Jones, Keams, Meyer-Kennedy None Lindstrom, Lowe None APPROVED: 65~ -4dusan A. Kearns, Chmr ATTES~.~ - Steve Piasecki, $~ecre'[aTry IIIBI KIRKORIAN ENTERPRISES. L.L.C. Commercial Industrial · June 2, 1997 Attachment A Mr. Tim Haley City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Re: Kirkwood Plaza Campbell, CA Dear Tim: The purpose of this letter is to request a modification of the existing use permit to allow Mexicali Market to have a hard liquor license to enable them to serve Margarita's, Martini's, etc .... Mexicali Market will be changed to Pedro's Cabo Grill. Pedro's Cabo Grill is a full- service restaurant serving a large variety of Mexican entrees, Margaritas, and related items. Pedro's Cabo Grill is currently located in, downtown Los Gatos, and is one of the most successful restaurants in the Santa Clara Valley. Kirkwood Plaza will be their second location. There are interior and exterior modifications that are required to convert Mexicali Market into a Pedro's Cabo Grill. The smoothie bar needs to be converted into a full service bar serving various alcoholic and non-alcoholic beverages. We propose to add five barstools to the bar. The cashier's area needs to be changed into counter space for food preparation. The Inain signs for the location need to be changed to Pedro's Cabo Grill. Thank you for your assistance regarding this matter. If you have any questions, please do not hesitate to call. Sincerely,~w John Kirkorian /jmk 1630 WEST CAMPBELL AVENUE II! CAMPBELL, CALIFORNL~ 95008 (408) 379-4547 FAX (408) 379-9093 KIRKORIAN DEVELOPMENTS KIRKORIAN FAMILY PARTNERSHIP JMK PARTNERSHIP KIRKORLkN PROPERTIES Attachment B KIRKORIAN ENTERPRISES. L.L.C. Commercial Industrial Apartments · June 23, 1997 Ms. Gloria Sciara City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 ge~ Pedro's Grill & Cantina 1710 W. Campbell Ave. Campbell, CA 95008 Dear Gloria: In connection with the above-referenced Use Permit Application, the following shall satisfy Section 21.72.052: 1. There are many full-service restaurants in the City of Campbell, but only a small amount are Mexican restaurants. The west side of Campbell could really use a restaurant that serves authentic Mexican cuisine and margafitas. Peter Ramirez, the owner of Mexicali Market, has found that his customers prefer to be waited on at their tables, and would like to have the option of ordering margaritas. 2. Pedro's Grill & Cantina will be geared toward the families that live in the surrounding area. Most of the customers will eat indoors where the staffofPedro's can control any noise, litter, or vandalism that might occur. 3. Pedro's Grill & Cantina is a full-service restaurant that serves lunch and dinner. The hours of operation are 11:00 A.M. to no later than 11:00 P.M.. Liquor is projected to represent a small portion of sales, but will satisfy the customer that prefers the option of hard liquor. 4. The establishment will not significantly increase the demand on city services. Renzo's restaurant was located in the same area for approximately thirty years with minimal impact on police services. Renzo's also had a separate lounge area that was approximately two thousand square feet. Pedro's is proposing a small counter that will mostly be used by waiters and waitresses serving tables. If you have any questions, please do not hesitate to call. Ill 1630 WEST CAMPBELL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 379-4547 FAX (408) 379-9093 KIRKORIAN DEVELOPMENTS KIRKORIAN FAMILY PARTNERSHIP JMK PARTNERSHIP KIRKORIAN PROPERTIES City of Campbell Pedro's Grill & Cantina June 23, 1997 Sincerely, KIKKORIAN ENTERPRISES, L.L.C. Controller