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PC Res 3004RESOLUTION NO. 3004 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, APPROVING AN ADJUSTMENT IN PARKING RATIOS TO ALLOW ADDITIONAL INTERIOR SEATING (CLARKE'S CHARBROILER AND CITY EXPRESSO) AND EXTERIOR SEATING (NONNO'S PIZZA, CLARKE'S CHARBROILER AND CITY EXPRESSO), FOR 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 (B). 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 (B): S 2. o o The applicant's request to allow three outside seating areas in conjunction with proposed restaurants is consistent with the General Plan and the C-I- Zoning District which permit commercial land uses. The project site is adequately improved to accommodate the proposed exterior seating in light of space needs for circulation and parking requirements. The applicant's proposed operating hours do not exceed the operating hours of surrounding tenants in the center and should not adversely impact adjacent residential uses. The establishment of outside seating areas adjacent to the restaurant uses at this center will add to the architectural interest of the shopping center. The establishment of outside seating areas will not create a nuisance due to noise, litter, vandalism, traffic or other factors. The establishment of outside seating areas will not significantly disturb the peace and enjoyment of nearby residential neighborhoods. The site plan with the demolition of Renzo's demonstrates an improvement in the provision of parking for this shopping center of approximately 6 spaces. Planning Commission Resolution No. 3004 UP 95-18 (B) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road Page 2 The proposed parking, taking into consideration the concepts of shared parking and varied parking demands, will result in an adequate parking supply for the proposed uses. Based upon the foregoing findings of fact, the Planning Commission concludes that: 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. ge 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 Approved Use: This approval is for three outside seating areas accommodating 82 seats and two new restaurants Clarke's (52 interior seats/30 outdoor seats) and City Espresso (60 interior seats/20 outdoor seats) on properties located at 75 S. San Tomas Aquino Rd. and 1550-1820 W. Campbell Avenue, and an existing outside seating area for Nonno's Pizza (30 interior seats/32 outdoor seats). Project approval shall substantially comply with applicants letter dated August 24, 1995 and master development plan dated September 12, 1995. Planning Commission Resolution No. 3004 UP 95-18 (B) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road Page 3 o Approval of outside seating and intensified seating in City Espresso is contingent upon removal of Renzo's restaurant of approximately 10,000 sq.ft, and provision of 12 additional parking spaces and the construction of a new retail building of 6000 - 8000 sq. ft. Hours of Operation: Hours of operation are to be limited to the following: 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) Specific Plan: The applicant is to submit a specific seating plan for each outside seating area for approval of the Community Development Director addressing the following: a) Provision of durable and attractive furniture(Color and specifications to be provided) b) Business owner/applicant to maintain outside eating areas at all times in a clean and sanitary condition. c) Umbrellas and furniture to have no advertising messages, unless sign approvals have been granted. d) No outside public address system is permitted e) Details of any proposed outside lighting to be provided for review and approval of the Community Development Director. f) Applicant to provide details of landscaping amenities such as containers and planters. g) All sidewalk areas to maintain minimum clearances for handicapped access as well as exiting and entrance needs of the buildings Beer and Wine License: Beer and wine license to allow on site sale and consumption. (Planning) Signs: Applicant shall apply for and comply with all required signs per the City's requirements. 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. Planning Commission Resolution No. 3004 UP 95-18 (B) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road Page 4 PASSED AND ADOPTED this 10th day of October, 1995, by the following roll call vote: AYES: Kennedy NOES: Commissioners: None ABSENT: Commissioners: Higgins ABSTAIN: Commissioners: None / /'~ APPROV~K Commissioners: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer- /oJ fie Me dr-g/6gnea3;, Chair ~/'