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PC Res 2466RESOLUTION NO. 2466 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT AND FLOOR PLANS TO ALLOW THE ESTABLISHMENT OF A RESTAURANT AND ON-SALE BEER & WINE ON PROPERTY KNOWN AS 296 E. CAMPBELL AVE. IN A PD (PLANNED DEVELOPMENT/COMMERCIAL) ZONING DISTRICT. (APPLICATION OF MR. MEL CIENA, UP 87-13). After notification and public hearing as specified by law on the application of Mr. Mel Ciena for a Use Permit and approval of floor plans to allow the establishment of a restaurant and an on-sale beer & wine license on property known as 296 E. Campbell Ave. in a PD (Planned Development/Commercial) Zoning District, as per the application filed in the Planning Department on May 28, 1987; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows: 1. The restaurant with 54 seats is of the same intensity as the previous retail use. 2. The proposed use is compatible with the uses in the area. The use is essential or desirable to the public convenience or welfare, and is in harmony with the various elements or objectives of the City's General Plan. 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. Based on the above findings, the Planning Commission does hereby grant the requested Use Permit, subject to the following conditions: 1. Restaurant limited to 54 seats. 2. Use Permit void one year from date of approval, unless use has been established by this time. 3. Beer and wine shall only be served in conjunction with the restaurant and not in connection with any night time entertainment. 4. Obtain all necessary permits from the Building Department. 5. Obtain a sign permit from the Planning Department prior to erecting any signs. Resolution No. 2466 -2- UP 87-13 Fire Department 6. Applicant shall obtain a public assembly permit from Fire Department. 7. Applicant shall provide two remotely located exit doors at each end of the dining area. 8. Above doors shall swing in the direction of exit travel and be equipeed with panic hardware. 9. Exit signs shall be provided. 10. Kitchen shall be equipped with automatic fire extinguishing system for cooking appliances. 11. Provide 40BC fire extinguishers in kitchen. 12. All draperies, decorations, etc., shall be flame retardant. The applicant is notified as part of this application that he/she is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 23rd day of June 1987 by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Stanton, Olszewski, Christ, Walker, Perrine Dickson None APPROVED: Jay R. Perrine Chairman ATTEST: Arthur A. Kee Secretary