PC Res 2819RESOLUTION NO. 2819
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
CONDITIONAL USE PERMIT ALLOWING LIVE-
ENTERTAINMENT, ON PROPERTY LOCATED AT 2495
SOUTH WINCHESTER BOULEVARD, IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT;
APPLICATION OF MR. ROMEL NIJMEH, FILE NO.
UP 92-12.
After notification and Public Hearing as specified by law on the application of
Mr. Romel Nijmeh, allowing live-entertainment on property located at 2495
South Winchester Boulevard, in a C-2-S (General Commercial) Zoning
District, as per the application filed in the Planning Department on September
2, 199; and, after presentation by the Planning Director, proponents and
opponents, the hearing was closed.
The Planning Commission, City of Campbell, finds as follows, with regard
to File No. UP 92-12, for a variance from the City Zoning Ordinance:
1. The Use is compatible with the existing uses in the shopping enter.
2. The site provides adequate on-site parking facilities to serve the use.
o
The restaurant is located in the interior portion of the shopping center
and is adequately buffered from the residential properties to the west of
the shopping center.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
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 City.
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;
Resolution No. UP 92-12
adopted October 27, 1992
page two
4. The proposed use is compatible with the uses in the area.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed, subject the following Conditions of
Approval:
USE PERMIT
1. Permitted Use: Use permit is approved for live-entertainment at Luigi's
Pizza and Pasta located at 2495 South Winchester Boulevard. The live-
entertainment shall be conducted in the following manner: (Planning)
a. Hours of Operation:
11:00 a.m. to 10:00 p.m. (Mon.-Wed.)
11:00 a.m. to 12 noon (Thurs.-Sat.)
2:00 p.m. to 10:00 p.m. (Sun.)
Hours of Entertainment:
Duration of Belly Dances:
Number of Dances Performed:
Stage Area for musicians:
8:00 p.m. to 12:00 Midnight
15-20 minutes each
Three per evening
45 square feet (5' x 9'), as indicated on
the floor plan dated by the Planning
Department September 2, 1992
2. Food Service: Food service shall be provided at all that live-
entertainment performances are in progress.
o
Type of Entertainment Allowed: Middle Eastern Music and Belly
Dancing shall be allowed three days per week, varied from Money
through Sunday.
State Area: Musicians shall perform exclusively on the stage floor area
designated on the floor plan dated September 2, 1992, and not to exceed
the 5 foot X 9 foot state area of 45 square feet, as indicated on the floor plan
dated by the Planning Department on September 2, 1992.
Live-Entertainment: The applicant shall submit an application to the
Police Department for approval of a Live-Entertainment Permit by the
City Council.
6. Noise Levels: Noise levels and local standards as indicated in the
Noise Element of the Campbell General Plan.
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 27th day of October 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Meyer-Kennedy, Higgins, Perrine,
Dougherty, Wilkinson, Fox
None
None
APPROVED: FoxlC~hairperson
ATTEST:
Steve Piasecki
Secretary