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.
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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
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Donald R. Burr, MAYOR
ATIEST:
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Barbara Kee, CITY C ERK