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PC Res 3057RESOLUTION NO. 3057 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING (16 SEATS) AND BARBECUE ON PROPERTY LOCATED AT 1461 W. CAMPBELL AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. SAM CARLINO, ON BEHALF OF SAM'S BAR-B-QUE. UP 96-12. After notification and public heating, 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 96-12: The proposed use is consistent with the General Plan and Zoning designations which indicate a commercial land use for this property. The proposed parking and circulation results in a project which integrates the proposed uses on site. o Adequate on site parking and circulation has been provided for the proposed project and the commercial and retail uses on site. 4. The proposed use is compatible with uses on site and with adjacent land uses. The proposed outdoor seating area, subject to the conditions imposed will result in a use consistent with other commercial developments in the neighborhood Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the use 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. The proposed site is adequate in size and shape to accommodate the proposed use and site improvements to allow outdoor seating. o The establishment of an outdoor seating area will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Planning Commission Resolution No. 3057 UP 96-12 - 1461 W. Campbell Avenue Page 2 The establishment of an outdoor seating area will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 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 PROJECT COMMUNITY DEVELOPMENT DEPARTMENT 1. Use Permit. Said approval is subject to the plans prepared for Sam's Bar-b-Que restaurant consisting of three for a conditional use permit to allow outdoor seating and barbecue, excepted as modified by the conditions of approval and the applicant's operational description dated October 4, 1996. Operational Hours. Operational hours shall be permitted as follows Monday - Thursday 11 a.m. - 9 p.m. Friday - Saturday 11 a.m. - 10 p.m. Sunday 12 noon - 9p.m. Building Permits. The applicant shall obtain all necessary Building or Electrical permits prior to establishment of the restaurant use. Applicant shall comply with any and all requirements regarding the operation of an outdoor barbecue as specified by the Santa Clara County Health Department. Handicapped and emergency access walkways must be maintained in accordance with U. B. C. standards. Landscaping Plan: Applicant to submit a landscaping and irrigation plan and planting details proposing the installation of one (1) tree at the southeast portion of the property. Revised plan to be submitted within 30 days of the Planning Commission approval. Business Operation. The applicant shall operate and maintain this use in a manner which is not objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell standards, codes and ordinances shall be grounds for revocation of the Use Permit. Fencing: Applicant to construct a cap railing feature on the lattice fencing surrounding the outdoor seating area to provide a more finished appearance within 30 days of Planning Commission approval. Planning Commission Resolution No. 3057 UP 96-12 - 1461 W. Campbell Avenue Page 3 PASSED AND ADOPTED this 26th day of November, 1996, by the following roll call vote: AYES: Commissioners: Alne, Jones, Keams, Lowe, Lindstrom, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Gibbons ABSTAIN: Commissioners: None /~//j~ , APPROVED: ,~'~~"/t~~(~~ ~ 9 / f~ ' l~lcq~Liyf~ Chaid - ' -- ATTESTt.~~_..~ ' //'