PC Res 3027RESOLUTION NO. 3027
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIHCATION TO
A PREVIOUSLY=APPROVED CONDITIONAL USE PERMIT TO
ALLOW AN ON=SALE BEER AND WINE LICENSE FOR A
NEW RESTAURANT (CALIFORNIA CHICKEN ROLLERS) ON
PROPERTY LOCATED AT 10 E. HAMILTON AVENUE IN A C-
1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
APPLICATION OF PACIFIC CONCEPT SYSTEMS. HLE NO. M
96-04.
After notification and hearing, as per the application filed in the Planning
Department; and, after presentation by City Staff, proponents and opponents, the
hearing was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows with respect to File No. M 96-04:
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.
o
The operating hours of the restaurant will comply with the operating hours
approved under UP 93-06b: Monday - Saturday, 6:30 a.m. to 10:00 p.m. and
Sunday, 6:30 a.m. to 5:00 p.m.
The applicant will comply with the seating requirements established in UP 93-
06b allowing a total of 90 seats (70 interior/20 exterior).
e
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.
The establishment, with beer and wine sales, will not significantly disturb the
peace and enjoyment of nearby residential neighborhoods.
Resolution No. 3027
M 96-04 -- 10 E. Hamilton Avenue
Page 2
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.
o
The proposed site is adequate in size and shape to accommodate the said use
with surrounding uses in the surrounding area.
ge
The proposed project is adequately served by streets of sufficient capadty to
carry the kind and quantity of traffic such uses would generate.
4. The proposed use is compatible with the uses in the area.
Further, the applicant is notified as part of this application that he is required to
comply with all applicable Codes and 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 93-06b) to allow an on-sale beer and wine license in
conjunction with a restaurant located on property at 10 East Hamilton
Avenue. The use shall substantially comply with the applicant's letter of
request dated April 3, 1996.
o
Hours of Operation: Hours of operation shall comply with the hours of
operation approved under UP 93-06b which is limited to the following days
and times:
Monday - Saturday:
Sunday:
6:30 a.m. to 10:00 p.m.
6:30 a.m. to 5:00 p.m.
ABC License: The applicant shall obtain any and all licenses/approvals from
the State of California, Department of Alcoholic Beverages Control.
Resolution No. 3027
M 96-04 -- 10 E. Hamilton Avenue
Page 3
o
Use Compliance: The use is subject to the Conditions of Approval as listed
for this Modification and the Conditions of Approval for UP 93-06b. Non-
compliance with the Conditions of Approval are subject to the revocation of
the Modification per the City of Campbell Municipal Code.
PASSED AND ADOPTED this 14th day of May, 1996, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alne, Gibbons, Jones, Kearns, Lindstrom, Lowe,
Meyer-Kennedy
None
None
None
~~_.~.~__ l~Iel~trom,~h~ir '
ATTE '
Steve Piasec~i, Secretary