CC Resolution 8123RESOLUTION NO. ails
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL RATIFYING PLANNING COMMISSION APPROVAL OF A
DOWNTOWN DEVELOPMENT PERMIT, TO ALLOW A 45 SEAT
RESTAURANT IN AN EXISTING COMMERCIAL BUILDING, ON
PROPERTY LOCATED AT 422 EAST CAMPBELL AVENUE, IN A C-3-S
(CENTRAL BUSINESS) ZONING DISTRICT; APPLICATION OF MR. KEITH
KANADY, ON BEHALF OF CAMPBELL DINER, FILE NO. DDP 91-O1.
After notification and Public Hearing as specified by law on the application of
Mr. Keith Kanady approving a Downtown Development Permit to allow a 45
seat restaurant in an existing commercial building, located at 422 East
Campbell Avenue, in a C-3-S (Central Business) Zoning District, as per the
application filed in the Planning Department on March 28, 1991; 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. DDP 91-01.
1. Existing uses are required to meet current parking standards when
there is a increase in intensity which requires more parking than is
currently provided unless the City Council, upon recommendation
from the Planning Commission, finds that the existing parking will
adequately meet the demands generated by the increase in intensity,
and will not be detrimental to the overall parking and circulation in
the area. The proposed use is an increase in intensity requiring an
additional three (3) parking spaces.
2. The permit contains conditions that insure that the requested increase
in intensity will not unduly deprive other properties of their fair share
of parking, and requires the building owner to join a future parking
district, should one be established, provide the required parking, or
revert to 30 spaces.
3. The conditions of approval mitigate the potential parking problem.
Therefore, the establishment, maintenance, and operation of the
proposed use would not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing working in
the neighborhood of such use, or detrimental or injurious to property
and improvements in the neighborhood or the general welfare of the
City.
Resolution No.
Paee -2-
June 18,1991
Based upon the foregoing findings of fact, the City Council further finds and
concludes that the facts demonstrate:
1. The establishment, maintenance, and operation of the proposed use
would not be detrimental to the health, safety, peace, morals, comfort
or general welfare of the persons residing or working in the
neighborhood of such use, or detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City.
2. The proposed site is 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 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.
Based upon the above findings, the City Council ratifies the Planning
Commission action approving the Downtown Development Permit, subject
to the following Condtions of Approval:
SITE AND BUILDING DESIGN
1. Permitted Use
This approval is for aforty-five (45) seat restaurant located at 422 East
Campbell Avenue. Development shall be substantially as shown on
the drawings dated March 25, 1991.
STREET/SITE IMPROVEMENTS
2. Parkins
a. In the event that a Parking District is formed within twenty years
(20) from the date last entered below, that would benefit the
properties lying between Orchard City Drive and Civic Center in
the City of Campbell, Owner shall, at that time, either:
Participate in said Parking District under the same terms
and conditions as all other participating property owners;
2. Satisfy, within twelve (12) months, all parking
requirements of the City of Campbell that are in force at
Resolution No. June 18, ]991
Page -3-
that time regardless of when such requirements were
enacted;
3. Revert the use to thirty (30) seats or less.
PUBLIC SAFETY/WELFARE
3. Code Requirements
The applicant shall comply with all requirements of the Campbell
Building Department and Fire Depaztment, and obtain all necessary
permits.
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 that pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 18th day of June 1991, by the following roll call
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers
Ashworth, Watson, Conant, Burr
None
Rotowski
APPROVED• ___ ___~____~_______
Donald R. Burr, Mayor Pro Tem
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Public Hearing before the Planning
Commission on May 14, 1991, adopted
Resolution No. 2748, recommending
City Council ratify approval, 7-0-0. -~---
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AGREEMENT TO CONDITIONS OF USE PERMIT
WHEREAS, Keith Kanady (hereinafter referred to as "Applicant") has
applied to the City of Campbell (hereinafter referred to as "City")
for a use permit to operate a forty-five (45) seat restaurant at
422 East Campbell Avenue (hereinafter referred to as "the
property");
WHEREAS, SAM BLANCATO (hereinafter referred to as "Owner") is the
fee owner of the property;
WHEREAS, Applicant's request will increase the intensity of the use
at the property, and presents a reasonable likelihood of increasing
the demand for parking; and
WHEREAS, the property has no on-site parking;
THEREFORE, the undersigned parties for and in consideration of the
granting of a conditional use permit and their mutual promises,
covenants and conditions, agree as follows:
1. Grant of Conditional Use Permit.
The City agrees to grant a Downtown Development Permit to
allow a forty-five (45) seat restaurant, subject to the
conditions specified in such permit, including the execution
of this Agreement by the Owner and Applicant;
2. Parking Reauirements.
In the event that a Parking District is formed, within twenty
(20) years from the date last entered below, that would
benefit the properties lying between Orchard City Drive and
Civic Center Drive in the City of Campbell, Owner shall, at
that time, either:
a. Participate in said Parking
terms and conditions as all
property owners; or
b. Satisfy, within twelve (12)
requirements of the City of
at that time regardless of
enacted;
District under the same
other participating
months, all parking
Campbell that are in force
when such requirements were
c. Revert the use to twenty-three (23) seats or less.
3. Street Parkin
The Planning Commission and/or City Council holds a public
hearing and determines that the demand for off-site parking
generated by the use of the subject property exceeds eight (8)
spaces and detrimentally deprives neighboring properties of
their fair share of such parking during normal business hours,
the use permit may be revoked;
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4. Permit Review
The Planning Commission and/or City Council may review this
Downtown Development Permit at any time. However, the permit
shall be reviewed two (2) years following the date the permit
is issued.
5. Building and Fire Departments.
Applicant and Owner shall comply with all requirements of the
Campbell Building Department and Fire Department, and obtain
all necessary permits prior to commencing use of the property;
6. Other Conditions.
Applicant and Owner shall comply with all conditions of the
use permit issued for the property, whether or not such
conditions are specified in this Agreement.
7. Assignees and Successors.
This Agreement is made for the benefit of the property of
Owner at 422 East Campbell Avenue, and the benefit of that
portion of East Campbell Avenue that adjoins the property
known as 422 East Campbell Avenue, which is owned by the City
of Campbell. This Agreement shall run with the land and bind
all subsequent owners, heirs, assigns and successors. Owner
shall notify any and all heirs, assigns or successors of the
terms of this agreement.
8. Attornev's Fees.
In the event that the City shall require the services of an
attorney to enforce the provisions of this Agreement, the City
shall be reimbursed for all reasonable expenses including
attorney's fees. This provision shall include services
rendered by the City Attorney.
9. This Agreement can be signed in counter-parts and shall be
binding as so executed.
10. The undersigned parties have read and understand the foregoing
terms and agree to be bound thereby.
DATED:
SAM BLANCATO, Owner
DATED:
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DATED'
KEITH KANADY, Applicant
CITY OF CAMPBELL
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B~' Donald R. Burr Mayor
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