PC Res 3003RESOLUTION NO. 3003
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW ON-SALE BEER AND WINE SALES
IN CONJUNCTION WITH TWO RESTAURANT USES
(CLARKE'S CHARBROILER AND CITY EXPRESSO) ON
PROPERTY LOCATED AT 1550-1820 W. CAMPBELL AVENUE
AND 75 SAN TOMAS AQUINO ROAD IN A C-1-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
APPLICATION OF KIRKORIAN ENTERPRISES, L.L.C. FILE
NO. UP 95-18 (A).
After notification and Public Hearing as specified by law to approve a
Conditional Use Permit, and after presentation by the Community
Development Director, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. UP 95-18 (A):
The applicant's request to allow the on site sale of beer and wine with the
proposed restaurants is consistent with the General Plan and the C-1-S
Zoning District which permit commercial land uses.
The project site is adequately improved to accommodate the proposed
restaurant use with the sale of beer/wine.
o
The applicant's proposed operating hours do not exceed the operating
hours of surrounding tenants in the center.
o
The subject establishment will not result in an over concentration of such
uses in the area.
e
The subject establishment will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
The subject establishment will not significantly disturb the peace and
enjoyment of nearby residential neighborhoods.
The subject establishment will not significantly increase the demand on
dty services.
Based upon the foregoing findings of fact, the Planning Commission concludes
that:
Planning Commission Resolution No. 3003
UP 95-18 (A) - 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
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.
o
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such used would generate.
4. The proposed use is compatible with the uses in the area.
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances of
the City of Campbell and the State of California. Additionally, the applicant is
hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to
this development and are not herein specified.
Approved Use: This approval is for a beer and wine licenses for proposed
restaurants on properties located at 75 S. San Tomas Aquino. Rd. And
1820 W. Campbell Ave. Use shall substantially conform to the applicant's
description.
Hours of Operation:
following:
Hours of operation shall to be limited to the
Clarke's
City Espresso
Nonno's
11:00 a.m. to 10:00 p.m. (Daily)
6:00 a.m. to 11:00 p.m. (Daily)
11:00 a.m. to 9:00 p.m. (Daily)
o
ABC License: The applicant shall obtain any and all licenses/ approvals
from the State of California, Department of Alcoholic Beverages Control.
Beer and Wine License: Beer and wine license to allow on site sale and
consumption. (Planning)
o
Signs: Applicant shall apply for and comply with all required standards
for signs and advertisement per the City's requirements.
Planning Commission Resolution No. 3003
UP 95-18 (A) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
Page 3
o
Use Compliance: The use is subject to the Conditions of Approval as
listed. Non-compliance with the Conditions of Approval are subject to
revocation per City of Campbell Municipal Code.
PASSED AND ADOPTED this 10th day of October, 1995, by the following roll
call vote:
AYES: Commissioners: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Higgins
ABSTAIN: Commissioners: None
,//// ( //] /~- Ja~e ~~en~dy. ChairO'
Steve Piase~ki, Secretary