CC Resolution 8306
RESOLUTION NO. 8306
BEING A HESOLUTION OF TI IE CITY COUNCIL or TI-IE
CITY or CAMPBELL RATIFYING PLANNING COMMISSION
ACTION GI{ANTING APP!{OVAL FOI{ A CONDITIONAL
USE PEI{MIT ALLOWING A 1]8 SEAT RESTAURANT WITH
AN ON AND OFF SALE BEER Al'\D WINE LICENSE FOR
PROPERTY AT 525 EAST CAMPBELL AVENUE, IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT,
APPLICATION OF IIENI{Y MOI{ADO, PLANNING FILE NO.
UP 92-05.
After notification and Public Hearing as specified by law on the application of
Henry Morado, approving a Conditional Use Permit, and to allow a 48 seat
restaurant with an on and off sale beer and wine license on property located at 525
East Campbell Avenue, in a PD (Planned Development) Zoning District, as per the
application filed in the Planning Department on March 5, 1992, and after
presentation by the City Staff, proponents and opponents, the hearing was
closed.
After due consideration of all evidence presented, the City Council does hereby
ratify the Planning Commission's action per Application File No. Up 92-05,
including the findings, and the Conditions of Approval outlined in Resolution No.
2797, adopted by the Planning Commission on April 28, 1992.
Further, the applicant is notified as part of this application that he is required to
comply with all applicable Codes and Ordinance of the City of Campbell and the
State of California which renain to this development and are not herein specified.
Passed and adopted this 19th day of tvlay, by the following roll call vote:
AYES:
Council members: Kotowski, Conant, Ashworth, Watson, Burr
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ABSTAIN:
Counci 1111e111bers:
ATfFSf:
APPI{OV~~ ~ - ~~
Donald R. Burr, Mayor
..
. -
CONDITIONS OF APPROVAL
RESOLUTION NO. 2797
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING A CONDITIONAL USE PERMIT
ALLOWING A 48 SEAT RESTAURANT WITH AN ON
AND OFF SALE BEER/WINE LICENSE ON PROPERTY
LOCATED AT 525 EAST CAMPBELL A VENUE, IN A PD
(PLANNED DEVELOPMENT/COMMERCIAL) ZONING
DISTRICT; APPLICATION OF MR. HENRY MORADO,
FILE NO. UP 92-05.
After notification and Public Hearing as specified by law on the application of
Mr. Henry Morado allowing a 48 seat restaurant with an on and off sale
beer /wine license in a PD (Planned Development/Commercial) Zoning
District, as per the application filed in the Planning Department on March 5,
1992; and, after presentation by the Planning 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 File No. UP 92-05:
1. The proposed restaurant is located in a PO (Planned
Development/Commercial) Zoning District with a Commercial
General Plan land use designation.
2. The use will be located in an existing shopping center, located on a
major arterial street.
3. Currently, there are no other establishments selling beer and wine in
the shopping center.
4. The Police Department does not have any objection to the proposed
use.
5. The parking deficiency of seven spaces is not considered significant in
relationship to the entire shopping center due to various time
demands of restaurant uses versus other retail uses and the concept of
shared parking.
Resolution No. 2797
adopted April 28, 1992
page 3
4. Roof Equipment
Any roof equipment is to be adequately screened. (Planning)
5. Sisns
Sign application to be submitted in accordance with provisions of the
Sign Ordinance for all signs. No sign to be installed until application is
approved and permit issued by the Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code).
(Planning)
PUBLIC SAFETY /WELFARE
6. Handicap Requirements:
Applicant shall comply with all appropriate State and City
requirements for the handicapped. (Building)
7. Occupant Load:
Conditional Use Permit approval is for 48 seats based on available
parking.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinance of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 28th day of April, 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Higgins, Meyer-Kennedy, Fox
None
Perrine, Dougherty, Wilkinson
APPROVED:
ATTEST:
Steve Piasecki
Secretary
. . J .
FINDINGS OF APPROVAL
mEND:
SITE ADDRESS:
APPLICANT:
P.c. MEETING DATE:
UP 92-05
525 E. Campbell Avenue
Henry Morado
April2S, 1992
Findinis for Approval Of a Conditional Use Permit
for the Establishment of an On-Sale Beer and Wine license
in Conjunction with a Restaurant
The Planning Commission finds as follows with regards to File No. UP 92-05:
1. The proposed restaurant is located in a PD (Planned
Development/Commercial) Zoning District with a Commercial General
Plan land use designation.
2. The use will be located in an existing shopping center, located on a major
arterial street.
3. Currently, there are no other establishments selling beer and wine in the
shopping center.
4. The Police Department does not have any objection to the proposed use.
5. The parking deficiency of seven spaces is not considered significant in
relationship to the entire shopping center due to various time demands
of restaurant uses versus other retail uses and the concept of shared
parking.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The establishment, maintenance, or operation of the use applied for will
not be detrimental to the 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 Oty.
2. The proposed site is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping and other
development features required in order to integrate said use with uses in
the surrounding area.
3. The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate.
4. The proposed use is compatible with the uses in the area.