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PC Res 2075RESOLUTION N0. 2075 PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA After notification and public hearing as specified by law on the application of Mr. Steve Thomas fora use permit and approval of plans to construct a front deck dining area on property known as 30 S. Central Avenue (The Bodega) in a P-D (Planned Development/Commercial) Zoning District, as per the applica- tion filed in the Office of the Planning Department on October 21, 1981 and after presentation by the Planning Director, proponents and opponents, the hearing was closed. (UP 81-17) After due consideration of all the evidence presented, the Commission did find as follows: That the establishment, maintenance, and operation of the proposed use will 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 be detrimental or injurious to property and improvements in the neighborhood or 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. Property to be fenced and landscaped as indicated and/or added in red on plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 2. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted for approval of the Site and Architectural Review Committee prior to application for a building permit. 3. Applicant to either (1) post a faithful performance bond in the amount of $3,000 to insure landscaping, fencing, and striping of parking areas within three months of completion of construction; or (2) file written agreement to complete landscaping, fencing and striping of parking areas prior to application for building permit. 4. All mechanical equipment located on roofs and all utility meters to be screened as approved by the Planning Director. 5. This use permit to be reviewed by the Planning Commission six months after date of approval. 6. Applicant to secure appropriate building permits for work already completed prior to construction of new deck area. 7. Population from Blue Room shall not add to main room's capacity. PUBLIC WORKS DEPARTMENT 8. Landscaping plans to show a walkway along the front of the existing building/deck area to connect with the existing walkway leading to the existing parking area east of the railroad tracks. UP 81-17 -2- Resolution No. 2075 30 S. Central Ave. POLICE DEPARTMENT 9. No dancing or live entertainment to be permitted on deck area. 10. No music shall be "piped" to the deck area from The Bodega. 11. Police Department shall review and approve applicant's plans for serving alcoholic beverages in the deck area. The applicant is notified as part of this application that he is required to meet the following conditions in accordance with Ordinances of the City of Campbell: A. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. B. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. No sign to be installed until application is approved and permit issued by the Building Department. (Section 21.68.030 of the Campbell Municipal Code.) C . Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and con- struction establishments. D. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. F. Applicant shall comply with all appropriate State and City require- ments for the handicapped. FIRE DEPARTMENT F. East exit stairway shall be constructed, and maintained continuously. This includes railings, banister, in accordance with the Fire Code. G. Room capacity of main interior room - "122" (1,838 sq.ft.). Post capacity sign. H. Kitchen hood and duct extinguishing system shall be provided in accordance with N.F.P.A. #96. I. Install illuminated exit signs. J. Provide trash enclosure. UP 81-17 30 S. Central Ave. -3- Resolution No. 2075 K. "Blue Room Lounge" capacity - "86", post sign. BUILDING DEPARTMENT L. New dining deck is blocking main entry (actually exit); this is not permitted -- Section 3302(e) UBC. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. USE PERMIT SHALL NOT BECOME EFFECTIVE UNTIL RATIFIED BY THE CITY COUNCIL. PASSED AND ADOPTED this 8th day of December, 1981 by the following roll call vote: AYES: Commissioners: Howard, Kotowski, Meyer, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Campos, Fairbanks APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary