PC Res 3028RESOLUTION NO. 3028
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 ON-
SALE BEER AND WINE SALES IN CONJUNCTION WITH
TWO RESTAURANT USES ON PROPERTY LOCATED AT
1700-1770 W. CAMPBELL AVENUE IN A C-1-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
APPLICATION OF MR. JOHN KIRKORIAN, ON BEHALF
OF KIRKORIAN ENTERPRISES. M 96-05-A (UP 95-18)
After notification and public hearing, 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 96-05-A:
The applicant's request to allow the on-site sale of beer and wine with the two
proposed restaurants is consistent with the General Plan and the C-1-S
(Neighborhood Commercial) Zoning District which permits commercial land uses.
2
The project site is adequately improved to accommodate the proposed restaurant use
with the sale of beer and wine.
The applicant's proposed operating hours do not exceed the operating hours of
surrounding tenants in the center.
4. The establishment will not result in an over-concentration of such uses in the area.
o
The establishment will not create a nuisance due to noise, litter, vandalism, traffic or
other factors.
The establishment will not significantly disturb the peace and enjoyment of nearby
residential neighborhoods.
7. The establishment will not significantly increase the demand on City services.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3028
M 96-05-A (LIP 95-18) -- 1700-1770 W. Campbell Avenue
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 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.
Further, the applicant is 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 Use: This approval is for a beer and wine license for two proposed
restaurants on properties located at 1700-1770 W. Campbell Avenue. Use shall
substantially conform to the applicant's description dated May 7, 1996.
Hours of Operation: Hours of operation are to be limited to the following: All
proposed restaurant uses: 6 a.m. to 11 p.m. (daily).
ABC License: The applicant is to obtain any and all licenses/approvals from the
State of California, Department of Alcoholic Beverage Control.
Beer and Wine License: Beer and wine license to allow on-site sale and
consumption with food service uses. (Planning)
Signs: Applicant shall apply for and comply with all required signs per the City's
requirements.
Use Compliance: The use is subject to the Conditions of Approval as listed. Non-
compliance with the Conditions of Approval may subject use approval to revocation
per City of Campbell Municipal Code.
Planning Commission Resolution No. 3028
M 96-05-A (UP 95-18) -- 1700-1770 W. Campbell Avenue
Page 3
PASSED AND ADOPTED this 11m day of June, 1996, by the following roll call vote:
AYES: Commissioners:
Alne, Jones, Kearns, Lindstrom, Lowe,
Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None
APPROVED:~
Mel Lit
ATTES ~ ~~~ .~~_.~ t
Steve~Piasecki,~Secretary
Strom, Chair