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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