PC Res 3048RESOLUTION NO. 3048
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A CONDITIONAL USE PERMIT TO THE
ESTABLISHMENT OF A PIZZA RESTAURANT WITH
BEER AND WINE SALES AND EXTENDED
OPERATIONAL HOURS FROM 11 A.M. TO 2 A.M. DAILY
ON PROPERTY LOCATED AT 1777 S. BASCOM AVENUE
IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. BERNIE TOUGAS. UP
96-11.
A~er 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 UP 96-11:
The applicant's request to allow the on-site sale of beer and wine with the
proposed restaurant use is consistent with the General Plan and the C-2-S
(General Commercial) Zoning District which permits commercial land uses.
The project site, as conditioned, is adequately improved to accommodate the
proposed restaurant use with the sale of beer and wine.
The Police Department has reviewed the application and has no objections to the
extended hours of operation to 2 a.m.
4. The establishment will not result in an over-concentration of such uses in the area.
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
commercial uses. The establishment is not in the vicinity of any residential uses.
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 in regard to the approval of an off-sale beer and wine sales as follows
Planning Commission Resolution No. 3048
UP 96-11 - 1777 S. Bascom Avenue - Pizza Restaurant
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 use would generate.
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 a beer and wine license on property located at
1777 S. Bascom Avenue. Use shall substantially conform with the applicants
description dated received August 14, 1996. Seating shall be limited to a maximum of
100 seats. Operation shall be reviewed after six months to determine if parking is
adequate, at which time the number of seats permitted may be adjusted.
2. Hours of Operation: Hours of operation are to be limited to 11 a.m. to 2 a.m., seven
days a week.
3. ABC License: Applicant is to obtain any and all licenses/approvals from the State of
California, Department of Alcoholic Beverages Control.
4. Beer & Wine License: Beer and wine license to allow on-site sale and consumption
with food service use.
5. Signs: Applicant shall apply for sign permits in compliance with all requirements of the
City's Sign Ordinance.
6. Landscaping/Trash Enclosure/Parking Layout: Submittal of a landscape and parking
lot plan to address:
Planning Commission Resolution No. 3048
UP 96-11 - 1777 S. Bascom Avenue - Pizza Restaurant
Page 3
A. Adjustment of the landscaping and curb line along the western edge of the
parking lot to provide 10 additional parking spaces.
B. The addition of 2 handicap spaces (3 spaces converted into 2 handicap) to
meet Title 24.
C. Enlargement of the existing trash enclosure, or the addition of a second
enclosure.
D. Additional compact and handicapped parking spaces and adjustments to trash
enclosure shall be completed prior to occupancy.
E. Review and retrofit of the irrigation system and water management practices
to ensure full coverage of landscape areas.
F. Planting of barren areas
G. Removal of block wall on the northeast comer between the sidewalk and
Erik's deli.
7. Landscape Bond: Property owner to either:
A. Post a faithful performance bond in the amount of $10,000 to ensure
landscaping and irrigation per the approved plans, or
File a written agreement to complete the above improvements within eight
months from the date of Planning Commission approval of this application or
by May 24, 1997.
Equipment Screening: Any newly installed mechanical rooftop equipment as well as
any new utility meters shall be screened as approved by the Community Development
Director.
Planning Commission Resolution No. 3048
LIP 96-11 - 1777 S. Bas¢om Avenue - Pizza Restaurant
Page 4
PASSED AND ADOPTED this 24th day of September, 1996, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST'
Commissioners: Alne, Gibbons, Jones, Lindstrom, Meyer-Kennedy
Commissioners: None
Commissioners: Keams, Lowe
Commissioners: None
' 19lel~strom,.JChaff
Darryl l~nd~ary