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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.