PC Res 3029RESOLUTION NO. 3029
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
OUTDOOR SEATING AND AN ADJUSTMENT IN THE
REQUIRED PARKING RATIO 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-B (UP 95-18)
After notification and public heating, as specified by law, and at~er 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 96-05-B:
The proposed site is adequate in size and shape to accommodate the said use with
surrounding uses.
2
The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such uses would generate.
3. The proposed use is compatible with the existing uses in the surrounding area.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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.
Planning Commission Resolution No. 3029
M 96-05-B (UP 95-18) -- 1700-1770 W. Campbell Avenue
Page 2
4. The proposed use is compatible with the uses in the area.
Further, the applicants are 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 three outside seating areas accommodating a
maximum of 64 exterior seats on property located at 1700-1770 W. Campbell
Avenue. Project approval shall substantially comply with applicant's letter dated
May 7, 1996, and master development plan dated September 12, 1995.
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).
Specific Plan: The applicant is to submit a specific seating plan for each outside
seating area for approval by the Community Development Director prior to
occupancy, addressing the following issues:
A. Provision of durable and attractive furniture and fencing (color and specifications
to be provide.)
B. Business owner/applicant to maintain outside eating areas at all times in a clean
and sanitary condition.
C. Umbrellas and furniture to have no advertising messages, unless sign approvals
have been granted.
D. No outside public address system is permitted.
E. Details of any proposed outside lighting to be provided for review and approval
by the Community Development Director.
F. Applicant to provide details of landscaping amenities such as containers and
planters.
G. All sidewalk areas to maintain minimum clearances for handicapped access as
well as exiting and entrance needs of the buildings. (Planning)
Signs: Applicant shall apply for and comply with all required signs per the City's
requirements. (Planning)
Use Compliance: The use is subject to the Conditions of Approval as listed. Non-
compliance with the Conditions of Approval may subject the use approval to
revocation per City of Campbell Municipal Code. (Planning)
Planning Commission Resolution No. 3029
M 96-05-B (UP 95-18) -- 1700-1770 W. Campbell Avenue
Page 3
o
Lighting Plan: Applicant to submit a lighting plan for approval of the Community
Development Director for any proposed exterior lighting. Plan to be approved prior
to the installation of any lighting.
PASSED AND ADOPTED this 11t~ 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:~ ~;~OVED :/~7]j~, ~.. /~ ~?
ATTEST · ~ ~ Stev~'-PiaseclO, Secretary