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PC Res 3020RESOLUTION NO. 3020 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, APPROVING A CONDITIONAL USE PERMIT TO ALLOW BEER AND WINE SALES AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT ON PROPERTY LOCATED AT 2080 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. AFSAR SHAMLOU, FOR JAZ CAFFE CLASSICO. FILE NO. UP 96-01. After notification and Public Hearing as specified by law to approve a Conditional Use Permit, and after presentation by the Community Development Director, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. UP 96-01: The applicant's request to allow the on site sale of beer and wine and live entertainment with a restaurant is consistent with the General Plan and (C-2-S) General Commercial Zoning District shown for this property. The existing parking spaces adequately address the parking needs of the proposed use. The applicant's proposed operating hours are typical of commerdal uses and most full service restaurant uses. The proposed additional uses will be incidental to the primary restaurant use and will not intensify the primary use. 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 dty services. Based upon the foregoing findings of fact, the Planning Commission concludes that: Planning Commission Resolution No. 3020 LIP 96-01 - 2080 S. Bascom Avenue - Jaz Caffe Classico Page 2 The establishment of the use which the applicant has applied for 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. The proposed site is adequate in size and shape to accommodate the said use with surrounding uses in the surrounding area. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed use is compatible with the uses in the area. 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 Use: This approval is for a beer and wine license and live entertainment for an existing restaurant on the property located at 2080 S. Bascom Avenue. Use shall substantially conform to the applicant's letter of description on file with the planning division. Hours of Operation: Hours of operation shall be limited to the followings days and times: Monday - Sunday: 7 a.m. - 11 p.m. ABC License: The applicant shall obtain any and all licenses/approvals from the State of California, Department of Alcoholic Beverages Control. e Live Entertainment: The proposed live entertainment shall be limited to the current hours of operation. Music shall not exceed a noise level which is found to be inappropriate in accordance with the noise element of the General Plan. Musicians shall play solo or may be accompanied by no more than two other musicians. Live entertainment shall not be audible from beyond the property line. Police Approval: The applicant is to obtain any and all licenses/approvals from the Police Department for the proposed live entertainment use. Planning Commission Resolution No. 3020 UP 96-01 - 2080 S. Bascom Avenue - Jaz Caffe Classico Page 3 Use Compliance: The use is subject to the Conditions of Approval as listed. Non-compliance with the Conditions of Approval are subject to revocation of the Use Permit per the City of Campbell Municipal Code. Six Month Use: A review of the use shall be conducted by the City six months after the commencement of on-sale beer and wine sales and live entertainment. PASSED AND ADOPTED this 12th day of March, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: /kine, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy None None None Ste'%~ Piasecki~, Secretary