Loading...
PC Res 3059RESOLUTION NO. 3059 BE1NG A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO THE ESTABLISHMENT OF A NEW RESTAURANT (LEFT AT ALBUQUERQUE) WITH A GENERAL LIQUOR LICENSE, OUTDOOR USES AND OPERATIONAL HOURS AFTER 11 P.M. ON PROPERTY LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF BLUE CHALK CAFI~ CORP. UP 96-14. 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 UP 96-14: 1. The proposed use is consistent with the General Plan and Zoning designations which indicate a commercial land use for this property. 2. The existing parking and circulation will not be modified and will result in a project which integrates the proposed uses on site. 3. Adequate on site parking and circulation has been provided for the proposed project and the existing commercial, office and retail uses on site. 4. The proposed use, with operational hours past 11 p.m. and outdoor activity, is compatible with uses on site and with adjacent land uses. 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. 2. The proposed site is adequate in size and shape to accommodate the proposed use and site improvements to allow outdoor seating. 3. The establishment, with the service of alcoholic beverages, will not result in an over concentration of such uses in the area. 4. The establishment, with the service of alcoholic beverages, will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Planning Commission Resolution No. 3059 UP 96-14 - 1875 S. Bascom Avenue - Left at Albuquerque Page 2 5. The establishment, with the service of alcoholic beverages, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 6. The establishment, with the service of alcoholic beverages, will not significantly increase the demand on city services. 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 Use Permit. The applicant and all site plans shall substantially comply with the Planning Commission approval. Said approval is subject to the plans prepared for Left at Albuquerque restaurant dated October 7, 1996, for a conditional use permit to allow outdoor seating, operating hours past 11 p.m. and the sale of beer and wine on site. All outdoor activity shall be concluded no later than 10:30 p.m. Sunday through Saturday (7 days per week). 2. Operational Hours. Operational hours shall be permitted from 11:00 a.m. to 2:00 a.m. 7 days per week for food service inside the building. 3. Building Permits. The applicant shall obtain all necessary Building or Electrical permits prior to establishment of the restaurant use. Alcohol and Beverage Control. The applicant shall obtain a license from the State Department of Alcohol and Beverage Control prior to the sale of alcoholic beverages in conjunction with this use permit. Business Operation. No separate bar service is permitted. The service of alcoholic beverages shall be in conjunction with food service for this or any future use. 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. 6. Outdoor Noise. Outdoor audio sound system shall not be audible at any property line. No live entertainment is permitted with this use permit. Planning Commission Resolution No. 3059 UP 96-14 - 1875 S. Bascom Avenue - Left at Albuquerque Page 3 PASSED AND ADOPTED this l0th day of December, 1996, by the following roll call vote: AYES: Commissioners: Alne, Gibbons, Jones, Keams, Lowe, Lindstrom, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: NoneAPPROVED .'~~ //~' ~'~ ~ .__ Mel L~tr~m, Chair ATTEST · · ~Steve Piasecki', Secretary