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~
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