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CC Resolution 8253 RESOLUTION NO. 8253 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL OVERTURN THE PLANNING COMMISSION DECISION AND DENY THE REQUEST FOR A CONDmONAL USE PERMIT ALLOWING AN OFF-SALE LIQUOR LICENSE IN AN EXISTING RETAIL BUILDING, ON PROPERTY LOCATED AT 75 NORTH SAN TOMAS AQUINO ROAD, IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT; APPLICATION OF MR. ALAN COTE' FILE NO. UP 91-24. After notification and Public Hearing as specified by law on the appeal of the application of Mr. Alan Cote, to allow an off-sale liquor license in an existing retail building, located at 75 North San Tomas Aquino Road, in a C-1-S (Neighborhood Commercial) Zoning District, as per the application filed in the Planning Department on December 13, 1992~ and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to File No. UP 91-24: 1. Major access to the site would be through the La Pradera Drive driveway, impacting the residential character of the neighborhood. 2. The site is not adequately screened or landscaped to buffer the use from the adjacent residential uses. 3. The liquor establishment will constitute an intensification of the existing retail use formerly located on the site due to extended hours of operation, and increased traffic to the site. 4. Excess traffic on La Pradera Drive may disturb the residential quality of the neighborhood and will not stabilize, encourage or protect the residential character of the adjacent residential zoning district. Based on the foregoing findings of fact, the City Council, further finds and concludes fhat: 1. The establishment, maintenance, or operation of the use applied for may 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. Thesolution No. page 2 2. The proposed site is not adequate in size and shape to accommodate the yards, wall, 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 so situated that access to the parking area generates excess traffic on La Pradera Drive. 4. The proposed use is not compatible with the uses in the area. Based upon the above findings, the City Council denies the request for a Conditional Use Permit at 75 North San Tomas Aquino Road. PASSED AND ADOPTED this 3rd day of March 1992, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers Kotowski, Conant, Watson None ABSTAIN: Councilmembers: None Ashworth, Burr APPRO)lali ~--~~~ Donald R. Burr, MAYOR ATIEST: ('j. /. .j/ - L~ Y 1ii. f. )d~:f:;~/1;::Z-~:' .~ Barbara Kee, CITY C ERK