CC Resolution 8305
RESOLUTION NO.
8305
BEING A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL RATIFYING PLANNING
COMMISSION APPROVAL OF A CONDITIONAL USE
PERMIT ALLOWING A VIDEO ARCADE, ON
PROPERTY LOCATED AT 24 EAST CAMPBELL
AVENUE, IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT; APPLICA TION OF MR. PHIL
SCHLAEFER, FILE NO. UP 92-06.
After notification and Public Hearing as specified by law on the application of Mr.
Phil Schlaefer allowing a video arcade in a PD (Planned Development) Zoning
District, as per the application filed in the Planning Department on May 9, 1992~
and, after presentation by City Staff, proponents and opponents, the hearing was
closed.
After due consideration of all evidence presented, the City Council does hereby
ratify Planning Commission action and grant the requested Conditional Use Permit,
subject to the attached Resolution No. 2796, adopted by the Planning Commission
on April 28, 1992, as amended by the City Council on May 19, 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 pertain to this development and are not herein specified.
PASSED AND ADOPTED this 19th day of May 1992, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmem bers:
Councilmem bers:
Councilmembers:
Councilmembers:
Kotowski, Conant, Ashworth, Watson, Burr
None
None
None
APPRO~----\~~~ ~~
Donald R. Burr, Mayor
ATTEST:
F .. !:
/) tlf &il1iL ,Ii <'-
Barbara Kee, City Clerk
RESOLUTION NO. 2796
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROV AL OF A
CONDITIONAL USE PERMIT ALLOWING A VIDEO ARCADE,
ON PROPERTY LOCATED AT 24 EAST CAMPBELL AVENUE,
IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT;
APPLICATION OF MR. PHIL SCHLAEFER, FILE NO. UP 92-06.
After notification and Public Hearing as specified by law on the application of
Mr. Phil Schlaefer allowing a video arcade in a PD (Planned Development)
Zoning District, as per the application filed in the Planning Department on
May 9, 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
finds as follows with regard to Application number UP 92-06 for a
Conditional Use Permit from the City Zoning Ordinance:
1. The arcade use will not result in an intensification of the previous
uses.
2. The use complies with the provisions of the Arcade Ordinance of the
Campbell Municipal Code.
3. The Police Department has no objection or requirement to establish the
arcade use.
4. The use will primarily consist of retail sales, while the arcade serves as
a minor portion of the business.
Based on 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 public health, safety, peace, morals,
comfort or general welfare of persons residing or working 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.
2. The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate.
3. The proposed use is compatible with the uses in the area.
Based upon the above findings, the Planning Commission recommends that
the City Council grant the requested proposal, subject to the following
Conditions of Approval:
1. Approved Use:The Use Permit is to allow an arcade use in conjunction
with a retail sales operation of collectible items located at 24 East Campbell
Avenue as described below:
A. Business Description
Hours of operation: Monday - Sunday -- 11:00 a.m. - 7:00 p.m.
Number of Employees: 1
Sales Inventory: Comic books, game cards and collectible item sales.
Number of Amusements Devices: 14 maximum
B. Space Utilization (Commercial Building)
Retail area: 1,000 square feet
Video Arcade Area: 300 square feet
Storage Area: 450 square feet
Restroom: 50 square feet
Total Building Area: 1800 Square feet
2. The applicant is required obtain City Council approval of an Arcade
Permit as specified in the Campbell Municipal Code Section 5.30 in
conjunction with the Use Permit prior to operation of the arcade use.
3. Equipment Screening: All mechanical equipment on roofs and all utility
4. Signs: Sign application to be submitted in accordance with provisions of
the Sign Ordinance for a revised sign program within 60 days of approval.
(Section 21.53 of the Campbell Municipal Code). (Planning)
5. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
garbage, wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple-family
dwellings, and all commercial, business, industrial, manufacturing, and
construction establishments. (Fire)
6. Trash Containers: Trash container(s) of a size and quality necessary to
serve the development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist of a
concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers. (Fire)
7. Pavement Repair: Applicant or owner to repair and resurface pavement
areas of Assessor's Parcel No. 412-05-038 in a manner satisfactory to the
Building Official as required by Chapter 21.50 of the Campbell Municipal
Code.
*8. Six-month Review: A review of the use shall be conducted by the City
Council six (6) months from the date of approval.
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: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Meyer-Kennedy, Higgins, Alne, Fox
None
Perrine, Dougherty, Wilkinson
APPROVED:
David Fox, Chairperson
ATTEST:
Steve Piasecki, Secretary
* Amended by the City Council on May 19, 1992