PC Res 3120RESOLUTION NO. 3120
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (M 97-14) TO
A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 95-
14) TO ALLOW EXTENDED HOURS OF OPERATION FOR A
GENERAL LIQUOR LICENSE ON PROPERTY LOCATED AT 499 E.
HAMILTON AVENUE, IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. SEAN WALWICK, ON
BEHALF OF SANTA BARBARA RESTAURANT COMPANY.. FILE
NO. M 97-14 (UP 95-14).
After notification and public heating, 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 M 97-14 (LIP 95-14):
The proposed late night hours of operation for the restaurant and extended hours of operation
for on-sale general liquor service in conjunction with the restaurant use is consistent with the
General Plan and the C-2-S (General Commercial) zoning designations for the site.
2. The on-sale general liquor license permits on-site general liquor sales only as an incidental
use to the primary restaurant use and is not anticipated to intensify the primary use.
3. The proposed hours of operation for the restaurant is Monday - Sunday (7 days a week) from
11:00 a.m. to 12:00 a.m.
4. The proposed operating hours of the restaurant are consistent and similar to operating hours
of other restaurants within the City.
5. The proposed restaurant use with extended hours of operation and on-sale general liquor
service is compatible with the surrounding neighborhood.
6. The proposed project will comply with all other conditions of approval as required under the
previously-approved Use Permit (UP 95-14), except as herein modified by this application.
7. The restaurant, with the extended hours of operation for food and incidental on-sale general
liquor service, will not create a need for additional parking spaces.
The restaurant, with the extended hours of operation for food and incidental on-sale general
liquor service, will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
The restaurant, with the extended hours of operation for food and incidental on-sale general
liquor service, will not significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
Planning Commission Resolution No. 3120
M 97-14 (UP 95-14) - 499 E. Hamilton Avenue - Elephant Bar
Page 2
10. The restaurant, with extended hours of operation for food and incidental on-sale general
liquor service, 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 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 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.
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.
Approved Project: Approval is granted for a Modification to a previously-approved Use
Permit (UP 95-14) to allow extended hours of operation for food and incidental on-sale
general liquor sales in conjunction with the establishment of a new restaurant, The Elephant
Bar Restaurant, to be located on property at 499 E. Hamilton Avenue. The use shall comply
with the conditions of approval of the previously-approved Use Permit, except as herein
modified by the conditions of approval.
2. Operational Hours: Hours of operation shall be as follows:
Monday - Sunday (7 days a week)
11:00 a.m. to 12:00 a.m.
3. ABC License: The applicant shall obtain any and all licenses/approvals from the State of
California Department of Alcohol and Beverage Control.
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.
Planning Commission Resolution No. 3120
M 97-14 (UP 95-14) - 499 E. Hamilton Avenue - Elephant Bar
Page 3
PASSED AND ADOPTED this 9~h day of September, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST'
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer-Kennedy
None
None
None
APPROVED: ~O/~e~c~/~ ~
aSrusan Keams, Chair'
'Steve l~iasecki, Secretary