Mod of Use Permit - 2002Community Development Department
February 3, 2004
Mark Gaetano
535 Calle Viento
Morgan Hill, CA 95037
Richard Gaetano
565 Minnesota A venue
San Jose, CA 95125
Re:
PLN2002-142- 400 E. Campbell A venue - Modification to Use Permit
Dear Applicant:
Please find attached a corrected Resolution No. 3535 adopted on January 27, 2004, for the above
referenced project. The total occupancy is 256 (211 customers/public and 45
staff/security/performers), The draft resolution mailed to you last week had a typographical error
reading 356.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, February 6, 2004. California Code of Civil Procedure, Section 1094.6, governs
the time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~~
Tim J. Haley
Associate Planner
Cc:
Frank Mills, Building Division
Chris Veargason, County Fire Department
Russ Patterson, Captain, Police Department
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TD ) 408.866.2790
RESOLUTION NO. 3535
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CHANGE TO THE CONDITIONS
OF APPROVAL OF A PREVIOUSLY APPROVED CONDITIONAL USE
PERMIT (PLN2002-142) TO ALLOW LIVE ENTERTAINMENT WITHIN
AN EXISTING THEATRE BY INCREASING THE OPERATIONAL
HOURS TO 12 A.M. DAILY ON PROPERTY OWNED BY MARK AND
RICHARD GAETANO LOCATED AT 400 E. CAMPBELL A VENUE IN
THE C-2-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. FILE
NO. PLN2002-142.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed,
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-142:
1. No items of non-compliance have been identified by staff during the six-month review
period.
2. Seating Capacity shall be as follows:
211 maximum occupancy (customers/public)
45 employee occupancy (staff/security/performers)
256 Total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
3, Entertainment shall be limited to the following:
Solo Musical Acts Choirs
Live Bands Magicians/ Jugglers
School Functions Children's Theatre
Stand Up Comedians Impersonators
Rehearsals Variety Shows
Vaudeville Shows Travel Theatre Troupes
Film Previews Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Weddings
4. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway.
5. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3535
PLN2002-142 -- 400 E. Campbell Avenue - Modification of Conditions of Approval
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that modification to the Conditions of Approval are necessary to ensure:
1. The establishment, maintenance or operation of the use will not be detrimental to the public
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,
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area,
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a change to
the Conditions of Approval of a previously approved Conditional Use Permit (PLN2002-142) to
allow live entertainment within an existing theatre by increasing the operational hours to 12 a.m.
daily on property owned by Mark and Richard Gaetano located at 400 E. Campbell A venue in
the C-3-S (Central Business District) Zoning District, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planninf! Division
1. Approved Project: Approval is granted for revisions to the Conditions of Approval for a
Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre
at 400 E. Campbell A venue. The project shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein. All
Conditions of Approval identified in Planning Commission Resolution No. 3492 shall remain
in effect except that the operational hours as described in Condition of Approval No.5 and
Signing and Advertising standards as described in Condition No. 11, shall be modified as
follows:
Planning Commission Resolution No. 3535
PLN2002-142 -- 400 E. Campbell A venue - Modification of Conditions of Approval
Page 3
.
Condition No.5: Hours of Operation: Operational hours are limited from 8:00 a.m.
to 12:00 a.m. daily. All activity must cease at the end of the operational hours,
including any cleaning and/or maintenance of the building. The building shall not be
occupied except during approved operational hours.
.
Condition No. 11: Signing and Advertising: All signs advertising events shall be
installed and maintained consistent with the provision of the Sign Ordinance, Chapter
21.53 C.M.c. Posting of flyers and posters on public property is prohibited, The
business owner shall be considered responsible for these postings, if they occur, and
shall cause their immediate removal. Failure to comply may result in Revocation of
the Conditional Use Permit.
The applicant is responsible for the prevention and lor removal within 24 hours of any
flyer, poster, sticker or other material placed by either the entertainer, promoters, or
concert attendees on public or private property. Damage to surfaces or finishes shall
be repaired within 24 hours of damage sign removals.
Buildinf! Division
2, Compliance with State Law by Posting Warning Placard of Un-reinforced Masonry Building:
Pursuant to State Government Code Section 8875.7, applicant will comply with State law by
posting, in a conspicuous place at the entrance of the building, a sign not less than 5 inches
by 7 inches in print, not less than 30 point type size, the following notification: "This is an
un-reinforced masonry building. Un-reinforced masonry buildings may be unsafe in the
event of a major earthquake. "
PASSED AND ADOPTED this 27th day of January, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
George Doorley, Chair
ATTEST:
Sharon Fierro, Secretary
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Community Development Department
January 29, 2004
Mark Gaetano
535 Calle Viento
Morgan Hill, CA 95037
Richard Gaetano
565 Minnesota A venue
San Jose, CA 95125
Re:
PLN2002-142- 400 E. Campbell Avenue - Modification to Use Permit
Dear Applicant:
Please be advised that at its meeting of January 27, 2004, the Planning Commission adopted
Resolution No. 3535 approving Modifications to a previously-approved Conditional Use Permit
to allow late night operational hours for an existing theatre (Gaslighter) located on the above
reference property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, February 6, 2004. California Code of Civil Procedure, Section 1094.6, governs
the time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140,
Sincerely,
~~~r
Tim J. Haley
Associate Planner
Cc:
Frank Mills, Building Division
Chris Veargason, County Fire Department
Russ Patterson, Captain, Police Department
70 North First Street
Campbell, California 95008 ¡ 436
TEl. 408.866.2140
lAX 408.871.5140 . TI)I) 408.R66.2790
ITEM NO.1
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CITY OF CAMPBELL. PLANNING COMMISSION
Staff Report. January 27, 2004
PLN2002-142
Gaetano, M.
Public Hearing to consider a six-month review of the previously approved
application of Mr. Mark Gaetano, on behalf of the Gaslighter Theatre, for a
Conditional Use Permit (PLN2002-142) to allow late night hours and uses
(live concerts, dinner theatre, special events) in an existing vaudeville
theatre use on property owned by Mark and Richard Gaetano located at 400
E. Campbell Avenue in the C-3-S (Central Business District) Zoning
District.
ST AFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a change in the conditions
of approval of a previously approved Conditional Use Permit to allow live entertainment within
an existing theatre, by increasing the operational hours from 8:00 a.m. to 12:00 a.m. daily,
PROJECT DATA
Gross Lot Area:
.09 acres (3,965 square feet)
Total Site Utilization:
Building Coverage:
Paving Coverage:
3,535 square feet
430 square feet
Total Building Area:
Main Floor Area:
Balcony Area:
4,193 square feet
3,135 square feet
1,058 square feet
Theatre Data:
Seating Capacity:
211 maximum occupancy (customers/ public)
45 employee occupancy (staff/security/ performers)
256 total
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Hours of Operation: *
Monday - Friday
Saturday
Sunday
8:00 a.m. to 1 :30 am.
12:00 p.m. to 1:30 a.m.
8:00 p.m. to 1:30 a.m.
.
Typical operational hours would close the theatre at 12:00 a,m,
City Council approval of Live Entertainment Permit limited operational hours from 8:00 a,m, to 12:00a,m,
daily.
.
Staff Report - Planning Comrmssion Meeting of January 27,2004
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 2
DISCUSSION
Background: The Planning Commission on October 28, 2003, conducted a three-month review
of the applicant's Conditional Use Permit approval to allow Live Entertainment and Late Night
Operational Hours. This approval was subject to a three-month and six-month review by the
Planning Commission after approval of a Live Entertainment Permit by the City Council. The
City Council approved the Live Entertainment Permit at its meeting of July 1, 2003. The
Planning Commission after its three-month review, adjusted the hours of operation and added a
condition regarding signing.
Six-Month Review:
Staff has referred the issue of a six-month review to the Police and Fire Departments and the
Building Division. No issues of non-compliance with the conditions of approval have been
identified in this review period.
Based upon the compliance with the conditions of approval, staff is recommending that the
operational hours of the theatre be adjusted by one-half hour from 11 :30 p.m. to 12:00 a,m. to be
consistent with the City Council's approval of the Live Entertainment Permit.
Attachments:
1. Findings for Approval of File No. PLN2002-142 (Six-Month Review)
2. Revised Condition of Approval for File No. PLN2002-142 (Six-Month Review)
3. Planning Commission Resolution No. 3492 - May 13, 2003
4. City Council Report, Findings and Conditions of Approval- July 1,2003
5, Location Map
P,-epared by' ~~ Planner
Approved by: ~~ ~ ~ ~'
GeoffBr y, Senior Planne ~
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN2002-142 (Six-month review)
SITE ADDRESS:
APPLICANT:
P.c. MEETING:
400 E. Campbell A venue
Mark Gaetano on behalf of The Gaslighter Theatre
October 28, 2003
Findings for Modification of a Conditional Use Permit to allow late night operational hours and
live entertainment within an existing theatre at 400 E. Campbell Avenue.
The Planning Commission finds as follows with regard to file number PLN2002-142 (Six-
Month Review):
1. No items non-compliance have been identified by staff during the six-month review period.
2. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
45 employee occupancy(staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
3. Entertainment shall be limited to the following:
Solo Musical Acts Choirs
Live Bands Magicians/ Jugglers
School Functions Children's Theatre
Stand Up Comedians Impersonators
Rehearsals Variety Shows
Vaudeville Shows Travel Theatre Troupes
Film Previews Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Weddings
4. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway.
5. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that modification to the Conditions of Approval are necessary to ensure:
Attachment #1
Page 2 of 2
1. The establishment, maintenance or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-142 (Six-month review)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
400 E. Campbell A venue
Mark Gaetano on behalf of The Gaslighter Theatre
January 27, 2004
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
PlanninS! Division
1. Approved Project: Approval is granted for revisions to the Conditions of Approval for a
Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre
at 400 E. Campbell A venue. The project shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein. All
Conditions of Approval identified in Planning Commission Resolution No. 3492 shall remain
in effect except that the operational hours as described in Condition of Approval No.5 and
Signing and Advertising standards as described in Condition No. 11, shall be modified as
follows:
.
Condition No.5: Hours of Operation: Operational hours are limited from 8:00 a.m. to
12:00 a.m. daily. All activity must cease at the end of the operational hours, including
any cleaning and/or maintenance of the building. The building shall not be occupied
except during approved operational hours.
.
Condition No. 11: Signing and Advertising: All signs advertising events shall be
installed and maintained consistent with the provision of the Sign Ordinance, Chapter
21.53 c.M.C. Posting of flyers and posters on public property is prohibited. The business
owner shall be considered responsible for these postings, if they occur, and shall cause
their immediate removal. Failure to comply may result in Revocation of the Conditional
Use Permit.
The applicant is responsible for the prevention and lor removal within 24 hours of any
flyer, poster, sticker or other material placed by either the entertainer, promoters, or
concert attendees on public or private property. Damage to surfaces or finishes shall be
repaired within 24 hours of damage sign removals.
Attachment #1
Page 2 of 2
BuildiDl! Division
2. Compliance with State Law by Posting Warning Placard of Un-reinforced Masonry Building:
Pursuant to State Government Code Section 8875.7, applicant will comply with State law by
posting, in a conspicuous place at the entrance of the building, a sign not less than 5 inches
by 7 inches in print, not less than 30 point type size, the following notification: "This is an
un-reinforced masonry building. Un-reinforced masonry buildings may be unsafe in the
event of a major earthquake. "
Attachment #3
RESOLUTION NO. 3492
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2002-142) TO ALLOW LATE NIGHf HOURS AND USES (UVE
CONCERTS, DINNER THEATRE, SPECIAL EVENTS) TO THE
EXISTING VAUDEVILLE THEATRE USE OF PROPERTY OWNED
BY MARK AND RICHARD GAETANO LOCATED AT 400 E.
CAMPBELL A VENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT)
ZONING DISTRICT. APPLICATION OF MR. MARK GAETANO. FILE
NO. PLN2002-142.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-142:
1. The proposed operational hours and live entertainment within an existing theatre is consistent
with the Central Commercial General Plan land use designation and the C-3-S (Central
Business District) Zoning District with approval of a Conditional Use Permit.
2. The proposed operational hours and live entertainment within the Gaslighter Theatre is
consistent with the guidelines of the Downtown Development Plan in that it supports a
entertainment use in the downtown that complements other retail acti vities in the downtown.
3. The proposed project, as conditioned, is compatible with the surrounding commercial uses
within the neighborhood.
4. The hours of operation for the live entertainment are limited between 8:00 a.m. and 1:30 a.m.
daily.
5. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
~ employee occupancy (staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Planning Commission ResoluUlm No. 3492
PLN2002-142 -- 400 E. Campbel1 Avenue- Conditional Use Permit - Gaslighter Theatre
Page 2
6. Entertainment shall be limited to the following:
Solo Musical Acts Choirs Singing Groups
Live Bands Magicians/ Jugglers Operas
School Functions Children's Theatre Political Events
Stand Up Comedians Impersonators Dance Recitals
Rehearsals Variety Shows Music Competitions
Vaudeville Travel Theatre Troupes Fashion Shows
Film Previews Weddings Non-Profit Mtgs/Events
7. The proposed use will not increase parking demand greater than the CUITent legal non-
conforming theatre.
8. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway. The proposed live entertainment, subject to the
conditions of approval, is compatible with the surrounding development and uses.
9. The conditions of approval should sufficiently mitigate loitering and vandalism problems that
have been experienced with this operation in the past and should provide adequate security
for such events.
10. The Police Department has no objections to the proposed project, as conditioned.
11. The Redevelopment Agency has no objections to the proposed project, as conditioned.
12. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the Conditions of Approval, the proposed project is consistent with the General
Plan and Zoning Ordinance.
1. The establishment, maintenance, or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the suITounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
Planning Commission ResO1...Llon No. 3492
PLN2002-142 -- 400 E. Campbell Ayenue- Conditional Use Permit - GaslighterTheatre
Page 3
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special
events) to the existing vaudeville theatre use of property owned by Mark and Richard Gaetano located at
400 E. Campbell A venue in the C-3-S (Central Business District) Zoning District, subject to the
following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planninf! Division
1. Approved Project: Approval is granted for a Conditional Use Permit (pLN2002-142) to allow
live entertainment within an existing theatre at 400 E. Campbell Avenue. The project shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein.
a.
Project plans prepared by Clyde Beck, Architect and received by the Planning Division
on March 3, 2003, including a site plan and floor plans.
b.
Project description dated April 18, 2003, prepared by Mark Gaetano as amended below.
Occupancy and seating layout shall be consistent with this operational description and
limited to 211 patrons, 15 staff, and 30 performers (total 256 persons). Types of
entertainment shall be restricted to the following:
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville
Film Previews
Choirs
Magicians! Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Weddings
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Non-Profit MtgslEvents
Planning Commission Resolu..ùn No. 3492
PLN2oo2-142 -- 400 E. Campbell Ayenue- Conditional Use Permit - Gaslighter Theatre
Page 4
2. Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the Conditions of Approval will result in the
Conditional Use Permit being void.
3. Revocation of PermitlReview: Operation of the use in violation of the Conditional Use
Permit or any standards, Codes or Ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
Upon receipt of verified complaints the Community Development Director and/or the Chief
of Police may impose additional conditions or modify conditions immediately to protect the
public welfare until the Planning Commission public hearing can be held.
The Planning Commission shall conduct a review of the Conditional Use Permit upon the
completion of three months of operation and again after six months from the date of the City
Council's approval of the Live Entertainment Permit. Additionally, the Planning Commission
may review the Conditional Use Permit based upon a verified complaint filed with the
Community Development Director. Another comprehensive review of the Use Permit by the
Planning Commission will occur after five years. The Use Permit will outright expire 10
years from the date that the City Council approves the corresponding Live Entertainment
Permit and the theatre will be required to reapply for a new Use Permit at that time.
4. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by uses from theatre and Ii ve entertainment shall not be audible to a
person of normal hearing capacity from any residential property.
b. Noise Manaeement: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
the live entertainment, may immediately modify the hours of operation and/or prohibit
the live entertainment, subject to the project being brought back to the Planning
Commission for reyiew.
5. Hours of Operation: Operational hours are limited from 8:00 a.m. to 1:30 a.m. daily with the
typical operational hours being more restrictive of 12:00 p.m. to 12:00 a.m. daily. All
activity must cease at the end of the operational hours, including building cleaning and
maintenance. The building shall not be occupied except during approved operational hours.
6. Smoking Area: The applicant shall establish a defined smoking area at the rear of the theatre
of approximately 500 square feet. Appropriate signing and security staff shall be provided
for this area and its use shall be restricted to no more than 40 people. No drinks shall be
permitted outside the building.
Planning Commission Resoh..L1on No. 3492
PLN2002-142 -- 400 E. Campbell Ayenue- Conditional Use Permit - Gaslighter Theatre
Page 5
7. Liquor License: The applicant shall restrict the sale and consumption of beer and wine to the
interior of the building. Bar services shall be only available to theatre patrons. The applicant
shall maintain a Type 41, Alcohol Beverage Control liquor license. The bar is to be
maintained as supplemental to the use of the building as a theatre. Only ticketed customers
may utilize the bar area.
8. Food Preparation: To comply with the provisos of the Type 41 Alcoholic Beverage Control
(ABC) Liquor License, the applicant shall establish a bona fide restaurant with regular posted
food service hours, consistent with terms of the license. The applicant shall provide Building
Construction Plans, if required by ABC, for a kitchen that meets the requirements of the
ABC and the Santa Clara County Health Department within 30 days of approval of the
permit and all improvements must be completed within 90 of approval of this Use Permit.
9. Queuing: Outdoor queuing to enter the theatre shall be limited to ten persons. Theatre
management shall minimize event queuing by providing adequate ticketing personnel and
earlier opening times if eyents warrant such actions.
No loitering is permitted and the business owner shall be responsible to prevent loitering by
business patrons within 150 feet of the theatre.
The management shall implement an adopted 'in and out' privilege policy restricting the
entrance and exits of patrons for underage patrons.
10. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property and on public property within 50 feet of
the subject property.
11. Signing and Advertising: All signs advertising events shall be installed and maintained
consistent with the provision of the Sign Ordinance, Chapter 21.53 C.M.C. Posting of flyers
and posters on public property is prohibited. The business owner shall be considered
responsible for these postings, if they occur, and shall cause their immediate removal. Failure
to comply may result in Revocation of the Conditional Use Permit.
12. Parking: No vehicle parking other than equipment loading and unloading shall be allowed in
the alley at the rear of the building.
13. Live Music Concerts: No live music concerts, where more than 100 patrons are expected,
shall commence before 6:00 p.m.
14. Property Maintenance: The exterior of the area around the building, including the alley and
the sidewalk, shall be cleaned every night to remove debris litter and graffiti. This shall be
completed during the approved business hours.
Planning Commission Resolui.1l>n No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 6
POLICE DEPARTMENT
15. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment on site.
16. Security and Staffing: The Gaslighter Theatre shall provide security and staffing consistent
with their Live Entertainment Pennit processed by the Police Department and approved by
City Council.
17. Re-entry: Business management shall establish and maintain a policy and system to restrict
re-entry of patrons once events have begun. The policy and system shall be approved by the
Po1ice Department in conjunction with the Live Entertainment Permit.
FIRE DEPARTMENT
18. Queuing! Exiting: Reference to allowed queued customers into the lobby prior to a
performance shall be modified to note that no such occupancy of the lobby is to occur while
the theatre is already in use by an ongoing presentation. i.e.: customers waiting for a later
performance shall not be permitted inside the lobby while the earlier performance is in
process.
19. Occupancy: The estab1ishment of an occupant load is the function of the City Building
Official. Occupant load figures as presented by the applicant shall not be considered valid,
unless established by the City of Campbell Building Official and acknowledged by the Fire
Department.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES:
Commissioners:
NOES:
ABSENT:
ABSTAIN :
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
None
None
None
ATIEST: ~ L
/Sharon Fierro, Secretary
Attachment #4
Of)' u( c'am/¡urll
City
C ou ncil
Report
Item: 9.
Category: Consent Calendar
Date: July 1, 2003
TITLE: Live Entertainment Permit - Gaslighter Theatre -
400 East Campbell Avenue
RECOMMENDA TION:
That the City Council approve the issuance of a Live Entertainment Permit for the
Gaslighter Theatre located at 400 East Campbell Avenue, subject to the attached findings
and conditions of approval.
DISCUSSION:
The following applicant has applied for a Live Entertainment Permit:
Mark Gaetano
535 Calle Viento
Morgan Hill, CA 95037
Mr. Gaetano has had extensive experience in running live entertainment venues. He has
been associated with the Gaslighter Theatre in Campbell for over 30 years and has run the
Gaslighter's Music Hall in Gilroy for the past 10 years. The applicant also has three
decades of experience in Community Theater, as well as three years of experience in the
film and television industry in the Los Angeles area.
The applicants have requested to host a variety oflive entertainment activities including:
Solo Musical Acts
Live Band Concerts
Operas
Vaudeville Shows
Political Events
Variety Shows
Choirs
Live Theater Productions
Church Services
Variety Shows
Impersonators
Music Competitions
Children's Theater
Singing Groups
Magicians/Jugglers
Dance Recitals
Independent Film Previews
Stand Up Comedians
Live Entertainment Permit-
Gaslighter Theatre
400 East Campbell Avenue
Page 2
July 1,2003
Hours of operation for live entertainment will be 8:00 a.m, to 12:00 a.m. daily. Concerts
with live music, where 100 patrons or more are anticipated, shall not commence before
6:00 p.m.
During live entertainment events, for every 50 patrons there will be one uniformed guard.
The guards uniform shall be consistent with the City of Campbell Municipal Code
5.32.120. The guards must hold a valid California Department of Consumer Affairs guard
card and show proof that the security company employing him/her is bonded. If actual
patron presence exceeds the projected attendance, the applicant may supplement the
certified, bonded security guards with a staff member who holds a current and valid guard
card form the California Department of Consumer Affairs. It is obvious that not all live
entertainment events will require the attendance of certified, bonded, uniform security e.g.
Children's Theatre. It is the responsibility of the applicant to obtain a waiver from the
Campbell Police Department a minimum of 5 days prior to such event.
Once a live concert event commences patrons cannot exit the front of the building and
return unless they wish to purchase another ticket. Patrons will be allowed to exit into the
designated smoking area to the rear of the building during a performance. The smoking
area must be staffed and monitored pursuant to the guidelines established in the
Conditional Use Permit.
On May 13, 2003 the Planning Commission adopted Resolution No. 3492 approving a
Conditional Use Permit to allow late night hours and uses (live concerts, dinner theatre,
special events) to the existing vaudeville theatre use at 400 East Campbell Avenue.
In the past year the Police Department has received minimal calls for service to 400 East
Campbell Avenue. The calls have been of a very minor nature.
FISCAL IMPACT:
There are no costs anticipated due to the issuance of this permit. The applicant will need
to pay the fees for a live entertainment permit and City business license before the permit
is issued. In the event that significant costs are incurred through the Police service calls,
additional conditions will be considered or the revocation of the Live Entertainment
Permit will be recommended.
Live Entertainment Permit-
Gaslighter Theatre
400 East Campbell Avenue
Page 3
July 1,2003
AL TERNA TIVES:
1. ModifY the Live Entertainment Permit to further restrict hours of operation. This is
not recommended, because there have been no complaints regarding the hours of
operation.
2. Prohibit any live entertainment other than live vaudeville theatre. This is not
recommended at this time since this would eliminate a variety of live entertainment
events to the community.
\
. Approved bY\.J
David L. Gullo
Chief of Pol ice
Prepared by: :-
Arthur Markham
Serg t
Findings and Conditions for the Approval of a Live Entertainment Permit for Mark
Gaetano at 400 East Campbell Avenue
Findings for Approval of Permit:
With respect to the application of Mark Gaetano for a live entertainment permit for 400 East
Campbell Avenue, the City Council of the City of Campbell finds as follows:
1. The applicant has had extensive experience in running live entertainment venues,
including an association with the Gaslighter Theatre in Campbell for over 30 years
and running the Gaslighter's Music Hall in Gilroy for the past 10 years;
2. The applicant also has three decades of experience in Community Theater, as well as
three years of experience in the film and television industry in the Los Angeles area.
3. The applicant has requested to host the following types of live entertainment activities
at the Gaslighter Theater at 400 East Campbell A venue, Campbell, California:
Solo Musical Acts
Live Band Concerts
Operas
Vaudeville Shows
Political Events
Variety Shows
Choirs
Live Theater Productions
Church Services
Variety Shows
Impersonators
Music Competitions
Children's Theater
Singing Groups
Magicians/Jugglers
Dance Recitals
Independent Film Previews
Stand Up Comedians
4. The proposed hours of operation for live entertainment will be 8:00 a.m. to 12:00 a.m.
daily, and concerts with live music, where 100 patrons or more are anticipated, shall
not commence before 6:00 p.m.;
5. The maximum capacity of the venue is approximately 256* persons;
6. Although a live entertainment establishment that accommodates up to 256 persons
has a potential to be disruptive or disorderly, the conditions placed on the approval of
this project should help to mitigate the potential for such problems;
7. In the past year the Police Department has received minimal calls for service to 400
East Campbell Avenue;
* 211 customers 45 (staff/security/performers)
Based on the foregoing findings of fact, the City Council further finds and concludes that the
proposed application, subject to the conditions of approval set forth below, should not create a
public nuisance.
Conditions of Approval:
The approval of the application shall be subject to the following conditions:
1. Applicant shall at all times abide by the terms and conditions of the conditional use
permit approved by the Planning Commission on May 13, 2003 by Resolution 3492;
2. Hours of operation for live entertainment will be limited to 8:00 a.m. to 12:00 a.m.
daily. Concerts with live music, where 100 patrons or more are anticipated, shall not
commence before 6:00 p.m.;
3. The live entertainment shall be limited to substantially the following activities:
Solo Musical Acts
Live Band Concerts
Operas
Vaudeville Shows
Political Events
Variety Shows
Choirs
Live Theater Productions
Church Services
Variety Shows
Impersonators
Music Competitions
Children's Theater
Singing Groups
Magicians/Jugglers
Dance Recitals
Independent Film Previews
Stand Up Comedians;
4. During live entertainment events, for every 50 patrons there will be one uniformed
guard. The guards uniform shall be consistent with the City of Campbell Municipal
Code 5.32.120, The guards must hold a valid California Department of Consumer
Affairs guard card and show proof that the security company employing him/her is
bonded. If actual patron presence exceeds the projected attendance, the applicant
may supplement the certified, bonded security guards with a staff member who holds
a current and yalid guard card form the California Department of Consumer Affairs.
The applicant may request a waiver of the requirements of this condition for a
particular event from the Campbell Police Department a minimum of five (5) days
prior to such event. The Police Chief or his designee shall grant the request if the
available information shows that the event would not reasonably create a public
nuisance or present a significant threat to the health or safety of the persons involved
in or affected by the event;
5, Once a live concert event commences patrons cannot exit the front of the building and
return unless they wish to purchase another ticket. Patrons will be allowed to exit
into the designated smoking area to the rear of the building during a performance.
The smoking area must be staffed and monitored pursuant to the guidelines
established in the Conditional Use Permit; and
6. The applicant and all events shall at all time comply with all applicable laws and
regulations, including but not limited to the ordinances of the City of Campbell.
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Community Development Department
December 31,'2003
Mr, Mark Gaetano and Mr, Richard Gaetano
Gaslighter Theatre
400 East Campbell A venue
Campbell, CA 95008
RE:
Planning Commission Review - 6 months
- 400 E. Campbell A venue - Gaslighter Theatre
Dear Mark and Richard:
The Planning Commission in its approval of your Conditional Use Permit required a three month and
six month review of the theatre operation after the City Council's consideration of your Live
Entertainment Permit. Staff has scheduled the six month review for the Planning Commission meeting
of January 27, 2004.
Prior to this meeting staff will send you a copy of the staff report that reviews the Conditional Use
Permit and your compliance with the conditions of approval for the Planning Commission.
If you should have any questions prior to this meeting, please do not hesitate to contact me at 408 866-
2144 or via e-mail at timh@cityofcampbel1.com .
s~\~
Tim ~. Haley]
Associate Planner
Cc:
Geoff Bradley, Senior Planner
Sharon Fierro, Community Development Director
70 North First Street
Campbell, California 95008-1436 . TEL 408.866.2140
FAX 408.871.5140 . T )[) 408.866,2790
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CITY OF CAMPBELL
Community Development Department
October 30,2003
Mark Gaetano
535 Calle Viento
Morgan Hill, CA 95037
Richard Gaetano
565 Minnesota A venue
San Jose, CA 95125
Re:
PLN2002-142- 400 E. Campbell Avenue - Modification to Use Permit
Dear Applicant:
Please be advised that at its meeting of October 28, 2003, the Planning Commission adopted
Resolution No. 3528 approving Modifications to a previously-approved Conditional Use Permit
to allow late night operational hours for an existing theatre (Gaslighter) located on the above
reference property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, November 7, 2003. California Code of Civil Procedure, Section 1094.6,
governs the time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Si~
Tim J. ~a~\¥
Associate Planner
Cc:
Frank Mills, Building Division
Chris Veargason, County Fire Department
Russ Patterson, Captain, Police Department
Jolie Houston, Esq., Berliner Cohen, 10 Almaden Blvd., #1100, San Jose, CA 95113
70 North First Street, Campbell, California 95008-1436 . TEL 408,866.2140 . FAX 408.871.5140 . TDD 408,866.2790
RESOLUTION NO. 3528
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING MODIFICATIONS TO A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2002-
142) TO ALLOW LATE NIGHT OPERATIONAL HOURS AND LIVE
ENTERTAINMENT WITHIN AN EXIS TIN G THEATRE AT 400 E.
CAMPBELL A VENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. FILE NO. PLN2002-142.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-142:
1. On August 13, 2003, the fishnet barrier designating the smoking area behind the theatre had
been pulled down and patrons of the theatre were loitering as far east as the railroad track
area some 50 feet away.
2. On August 13, 2003, no guards holding a valid California Department of Consumer Affairs
guard card were present even though the theatre had approximately 150 patrons with five (5)
bands performing.
3. The lack of qualified security and the lack of crowd control presented a threat to the health,
safety and welfare of the patrons and the surrounding properties.
4. Reduction of the hours of operation would reduce the duration during which the crowds were
present and help mitigate the threat to the health, safety and welfare of the patrons and the
surrounding properties.
5. On two occasions, the City has had to notify the permittee that signs had been placed in the
public right-of-way.
6. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
45 employee occupancy( staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area.
Planning Commission Resol. ..on No. 3528
PLN2002-142 - 400 E. Campbell Avenue - Modification to Use Permit - Gaslighter
Page 2
7. Entertainment shall be limited to the following:
Solo Musical Acts Choirs
Live Bands Magicians/ Jugglers
School Functions Children's Theatre
Stand Up Comedians Impersonators
Rehearsals Variety Shows
Vaudeville Shows Travel Theatre Troupes
Film Previews Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Weddings
8. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that modification to the Conditions of Approval are necessary to ensure:
1. The establishment, maintenance or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves
Modifications to the previously-approved Conditional Use Permit (PLN2002-142) to allow late
night operational hours and live entertainment within an existing theatre on property owned by
Mark Gaetano and Richard Gaetano located at 400 E. Campbell A venue, subject to the
following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under reyiew. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
Planning Commission ReSOh.don No. 3528
PLN2002-142 - 400 E. Campbell Avenue - Modification to Use Permit - Gaslighter
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin2 Division
1. Approved Project: Approval is granted for revisions to the Conditions of Approval for a
Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre
at 400 E. Campbell A venue. The project shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein. All
Conditions of Approval identified in Planning Commission Resolution No. 3492 shall remain
in effect except that the operational hours as described in Condition of Approval No.5 and
Signing and Advertising standards as described in Condition No. 11, shall be modified as
follows:
.
Condition No.5: Hours of Operation: Operational hours are limited from 8:00 a.m. to
11 :30 p.m. daily. All activity must cease at the end of the operational hours, including
any cleaning and/or maintenance of the building. The building shall not be occupied
except during approved operational hours.
.
Condition No. 11: Signing and Advertising: All signs advertising events shall be
installed and maintained consistent with the provision of the Sign Ordinance, Chapter
21.53 C.M.C, Posting of flyers and posters on public property is prohibited, The business
owner shall be considered responsible for these postings, if they occur, and shall cause
their immediate removal. Failure to comply may result in Revocation of the Conditional
Use Permit.
The applicant is responsible for the prevention and lor removal within 24 hours of any
flyer, poster, sticker or other material placed by either the entertainer, promoters, or
concert attendees on public or private property. Damage to surfaces or finishes shall be
repaired within 24 hours of damage sign removals.
PASSED AND ADOPTED this 28th day of October, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissi oners:
Commissioners:
Doorley, Gibbons, Hernandez, Rocha and Roseberry
None
Alderete and Francois
None
APPROVED:
Joseph Hernandez, Chair
ATTEST:
Sharon Fierro, Secretary
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Community Development Department
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January 16,2004
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, January 27, 2004, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing for a City-initiated
six-month review of compliance with the Conditions of Approval for a Conditional Use Permit
(PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special events) to
be added to the existing vaudeville theatre use at the Gaslighter Theater on property owned by
Richard Gaetano and Mark Gaetano located at 400 E. Campbell Avenue in the C-3-S (Central
Business District) Zoning District. This project was deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public
Hearing, Questions may be addressed to the Community Development Department at (408) 866-
2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within. 1 0 calendar days of an action by the Commission,
In compliance with the Americans with Disabilities Act, listening assistive devices are available for
all meetings held in the Council Chambers, If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting,
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No, PLN2002-142
Addresses: 400 E. Campbell Avenue
70 North First Street. Campbell, California 95008-1436 . Tn. 408.866.2140 . lAX 408.871.5140 . TIJIJ 408.866.2790
ITEM NO.1
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CITY OF CAMPBELL. PLANNING COMMISSION
Staff Report. October 28, 2003
PLN2002-142
Gaetano, M.
Public Hearing to consider a three-month review of the previously approved
application of Mr. Mark Gaetano, on behalf of the Gaslighter Theatre, for a
Conditional Use Permit (PLN2002-142) to allow late night hours and uses
(live concerts, dinner theatre, special events) in an existing vaudeville
theatre use on property owned by Mark and Richard Gaetano located at 400
E. Campbell Avenue in the C-3-S (Central Business District) Zoning
District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a change in the conditions
of approval of a previously approved Conditional Use Permit to allow live entertainment within
an existing theatre, by limiting the operational hours from 8:00 a.m. to 11:30 p.m. daily and
adding provisions regarding removal of unapproved signing.
PROJECT DATA
Gross Lot Area:
.09 acres (3,965 square feet)
Total Site Utilization:
Building Coverage:
Paving Coverage:
3,535 square feet
430 square feet
Total Building Area:
Main Floor Area:
Balcony Area:
4,193 square feet
3,135 square feet
1,058 square feet
Theatre Data:
Seating Capacity:
211 maximum occupancy (customers/ public)
45 employee occupancy(staff/security/ performers)
256 total
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Hours of Operation: *
Monday - Friday
Saturday
Sunday
8:00 a,m. to 1:30 am.
12:00 p.m. to 1:30 a.m.
8:00 p,m. to 1:30 a.m.
.
Typical operational hours would close the theatre at 12:00 a.ill,
Staff Report - Planning Commission Meeting of October 28, 2003
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 2
.
City Council approval of Live Entertainment Permit limited operational hours from 8:00 a,m. to 12:ooa.m.
daily,
DISCUSSION
Background: The Planning Commission on May 13, 2003, conditionally approved the
applicant's request for a Conditional Use Permit to allow Live Entertainment and Late Night
Operational Hours. This approval was subject to a three-month and six-month review by the
Planning Commission after approval of a Live Entertainment Permit by the City Council. The
City Council approved the Live Entertainment Permit at its meeting of July 1, 2003. The City
Council additionally limited the operational hours from 8:00 a.m. to 12:00 a.m. daily.
Three-Month Review:
Staff has referred the issue of a three-month review to the Police and Fire Departments and the
Building Division. The issues of signing and security have been raised regarding the operation of
the theatre.
Signing: Staff has notified the applicant on two occasions regarding the placement of signs in the
public right-of-way that advertised upcoming events at the Gaslighter Theatre. These signs have
been flyers or posters taped to light poles (Exhibit 6). The placement of these signs with tape or
adhesive often damages the finishes of the light poles. The business owner in each case has
removed the signing upon notification and has advised staff that they also advise potential
promoters of the City's signing regulations. The business owner has indicated that the signing
and advertising policies are incorporated into their entertainment contracts with the various
promoters as well.
Security: On August 13, 2003, the Police Department observed a gathering of patrons at the rear
alleyway adjacent to the rear entrance/exit to the theatre. A memorandum summarizing this visit
is provided as Attachment No.5. Based upon this report, it appears that satisfactory security was
not in place as required by Condition No. 16 and a defined smoking area was not established as
required by Condition No.6 of the Planning Commission's approval.
Based upon the violation of these conditions of approval, staff is recommending that the
operational hours of the theatre be reduced by two hours from 1 :30 a.m. to 11 :30 p.m. to limit the
opportunities for disruptive late night activities and that the signing/advertising condition be
amended to include the removal of signing and the repair of any damage caused by their
placement on public property.
Attachments:
1. Findings for Approval of File No. PLN2002-142 (Three-Month Review)
2. Revised Condition of Approval for File No. PLN2002-142 (Three-Month Review)
3. Planning Commission Resolution No. 3492 - May 13, 2003
4. City Council Report, Findings and Conditions of Approval- July 1,2003
5. Memorandum Summarizing Security Violation - August 20, 2003
6. Flyer Exhibits
7. Location Map
Staff Report - Planning Commission Meeting of October 28, 2003
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 3
------
Prepared by: ::I.l~~er
Appwved by, ~ ~ U
Sharon Fierro, Community Development Director
Attachment #2
FINDINGS FOR APPROVAL OF FILE NO. PLN2002-142
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
400 E. Campbell A venue
Mark Gaetano on behalf of The Gaslighter Theatre
October 28,2003
Findings for approval of a Conditional Use Permit revision to allow late night operational hours
and live entertainment within an existing theatre at 400 E. Campbell A venue.
The Planning Commission finds as follows with regard to file number PLN2002-142 (Three-
Month Review):
1. The proposed operational hours and live entertainment within an existing theatre are
consistent with the Central Commercial General Plan land use designation and the C-3-S
(Central Business District) Zoning District with approval of a Conditional Use Permit.
2. The revised operational hours and live entertainment within the Gaslighter Theatre are
consistent with the guidelines of the Downtown Development Plan in that it supports a
entertainment use in the downtown that complements other retail activities in the downtown.
3. The proposed project, as conditioned, is compatible with the surrounding commercial uses
within the neighborhood.
4. The hours of operation for the live entertainment are limited between 8:00 a.m. and 11:30
p.m. daily.
5. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
45 employee occupancy(staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
6,
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Entertainment shall be limited to the following:
Solo Musical Acts Choirs
Live Bands Magicians/ Jugglers
School Functions Children's Theatre
Stand Up Comedians Impersonators
Rehearsals Variety Shows
Vaudeville Shows Travel Theatre Troupes
Film Previews Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Weddings
Attachment #1
Page 2 of 2
7, The proposed use will not increase parking demand greater than the current legal non-
conforming theatre.
8. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway. The proposed live entertainment, subject to the
conditions of approval, is compatible with the surrounding development and uses.
9. The conditions of approval should sufficiently mitigate loitering and vandalism problems that
have been experienced with this operation in the past and should provide adequate security
for such events,
10. The Police Department has no objections to the proposed project, as conditioned.
11. The Redevelopment Agency has no objections to the proposed project, as conditioned.
12. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the Conditions of Approval, the proposed project is consistent with the General
Plan and Zoning Ordinance.
1. The establishment, maintenance or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-142
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
400 E. Campbell A venue
Mark Gaetano on behalf of The Gaslighter Theatre
October 28, 2003
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planninf! Division
1. Approved Project: Approval is granted for revisions to the Conditions of Approval for a
Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre
at 400 E. Campbell A venue. The project shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein. All
Conditions of Approval identified in Planning Commission Resolution No. 3492 shall remain
in effect except that the operational hours as described in Condition of Approval No.5 and
Signing and Advertising standards as described in Condition No. 11, shall be modified as
follows:
.
Condition No.5: Hours of Operation: Operational hours are limited from 8:00 a.m. to
11 :30 p.m. daily. All activity must cease at the end of the operational hours, including
any cleaning and/or maintenance of the building. The building shall not be occupied
except during approved operational hours.
.
Condition No. 11: Signing and Advertising: All signs advertising events shall be
installed and maintained consistent with the provision of the Sign Ordinance, Chapter
21.53 C.M.c. Posting of flyers and posters on public property is prohibited. The business
owner shall be considered responsible for these postings, if they occur, and shall cause
their immediate removal. Failure to comply may result in Revocation of the Conditional
Use Permit.
The applicant is responsible for the prevention and lor removal within 24 hours of any
flyer, poster, sticker or other material placed by either the entertainer, promoters, or
concert attendees on public or private property. Damage to surfaces or finishes shall be
repaired within 24 hours of damage sign removals.
Attachment #3
RESOLUTION NO. 3492
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2002-142) TO ALLOW LATE NIGHT HOURS AND USES (LIVE
CONCERTS, DINNER THEATRE, SPECIAL EVENTS) TO THE
EXISTING VAUDEVILLE THEATRE USE OF PROPERTY OWNED
BY MARK AND RICHARD GAETANO LOCATED AT 400 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICI')
ZONING DISTRICT. APPLICATION OF MR. MARK GAETANO. FILE
NO. PLN2002-142.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-142:
1. The proposed operational hours and live entertainment within an existing theatre is consistent
with the Central Commercial General Plan land use designation and the C-3-S (Central
Business District) Zoning District with approval of a Conditional Use Permit.
2. The proposed operational hours and live entertainment within the Gaslighter Theatre is
consistent with the guidelines of the Downtown Development Plan in that it supports a
entertainment use in the downtown that complements other retail activities in the downtown.
3. The proposed project, as conditioned, is compatible with the surrounding commercial uses
within the neighborhood.
4. The hours of operation for the live entertainment are limited between 8:00 a.m. and 1:30 a.m.
daily.
5. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
~ employee occupancy (staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Planning Commission Resoltnlon No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 2
6. Entertainment shall be limited to the following:
Solo Musical Acts Choirs Singing Groups
Live Bands Magicians/ Jugglers Operas
School Functions Children's Theatre Political Events
Stand Up Comedians Impersonators Dance Recitals
Rehearsals Variety Shows Music Competitions
Vaudeville Travel Theatre Troupes Fashion Shows
Film Previews Weddings Non-Profit Mtgs/Events
7. The proposed use will not increase parking demand greater than the current legal non-
conforming theatre.
8. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway. The proposed live entertainment, subject to the
conditions of approval, is compatible with the surrounding development and uses.
9. The conditions of approval should sufficiently mitigate loitering and vandalism problems that
have been experienced with this operation in the past and should provide adequate security
for such events.
10. The Police Department has no objections to the proposed project, as conditioned.
11. The Redevelopment Agency has no objections to the proposed project, as conditioned.
12. The project qualifies as a Categorically Exempt project per Section 15301, Class I (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the Conditions of Approval, the proposed project is consistent with the General
Plan and Zoning Ordinance.
1. The establishment, maintenance, or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
Planning Commission Resoltuion No. 3492
PLN2002-142 -- 400 E. Campbell A yenue- Conditional Use Permit - Gaslighter Theatre
Page 3
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special
events) to the existing vaudeville theatre use of property owned by Mark and Richard Gaetano located at
400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District, subject to the
following conditions:
Where approval by the Director of Community Deyelopment, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
PlanniDl! Division
1. Approved Project: Approyal is granted for a Conditional Use Permit (pLN2002-142) to allow
live entertainment within an existing theatre at 400 E. Campbell A venue. The project shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein.
a.
Project plans prepared by Clyde Beck, Architect and received by the Planning Division
on March 3, 2003, including a site plan and floor plans.
b.
Project description dated April 18, 2003, prepared by Mark Gaetano as amended below.
Occupancy and seating layout shall be consistent with this operational description and
limited to 211 patrons, 15 staff, and 30 performers (total 256 persons). Types of
entertainment shall be restricted to the following:
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville
Film Previews
Choirs
Magicians! Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Weddings
Singing Groups
Operas
Political Eyents
Dance Recitals
Music Competitions
Fashion Shows
Non-Profit MtgslEvents
Planning Commission Resoll.don No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 4
2. Approyal Expiration: The Conditional Use Permit approyal shall be yalid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approYal satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the Conditions of Approval will result in the
Conditional Use Permit being void.
3. Revocation of PermitlReview: Operation of the use in violation of the Conditional Use
Permit or any standards, Codes or Ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
Upon receipt of verified complaints the Community Development Director and/or the Chief
of Police may impose additional conditions or modify conditions immediately to protect the
public welfare until the Planning Commission public hearing can be held.
The Planning Commission shall conduct a review of the Conditional Use Permit upon the
completion of three months of operation and again after six months from the date of the City
Council's approval of the Live Entertainment Permit. Additionally, the Planning Commission
may reyiew the Conditional Use Permit based upon a verified complaint filed with the
Community Development Director. Another comprehensive review of the Use Permit by the
Planning Commission will occur after five years. The Use Permit will outright expire 10
years from the date that the City Council approves the corresponding Live Entertainment
Permit and the theatre will be required to reapply for a new Use Permit at that time.
4. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by uses from theatre and live entertainment shall not be audible to a
person of normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
the live entertainment, may immediately modify the hours of operation and/or prohibit
the live entertainment, subject to the project being brought back to the Planning
Commission for review.
5. Hours of Operation: Operational hours are limited from 8:00 a.m. to 1 :30 a.m. daily with the
typical operational hours being more restrictive of 12:00 p.m. to 12:00 a.m. daily. All
activity must cease at the end of the operational hours, including building cleaning and
maintenance. The building shall not be occupied except during approved operational hours.
6. Smoking Area: The applicant shall establish a defined smoking area at the rear of the theatre
of approximately 500 square feet. Appropriate signing and security staff shall be provided
for this area and its use shall be restricted to no more than 40 people. No drinks shall be
permitted outside the building.
Planning Commission ResoluLlon No. 3492
PLN2oo2-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 5
7. Liquor License: The applicant shall restrict the sale and consumption of beer and wine to the
interior of the building. Bar services shall be only available to theatre patrons. The applicant
shall maintain a Type 41, Alcohol Beverage Control liquor license. The bar is to be
maintained as supplemental to the use of the building as a theatre. Only ticketed customers
may utilize the bar area.
8. Food Preparation: To comply with the provisos of the Type 41 Alcoholic Beverage Control
(ABC) Liquor License, the applicant shall establish a bona fide restaurant with regular posted
food service hours, consistent with terms of the license. The applicant shall provide Building
Construction Plans, if required by ABC, for a kitchen that meets the requirements of the
ABC and the Santa Clara County Health Department within 30 days of approval of the
permit and all improvements must be completed within 90 of approval of this Use Permit.
9. Queuing: Outdoor queuing to enter the theatre shall be limited to ten persons. Theatre
management shall minimize event queuing by providing adequate ticketing personnel and
earlier opening times if events warrant such actions.
No loitering is permitted and the business owner shall be responsible to prevent loitering by
business patrons within 150 feet of the theatre.
The management shaH implement an adopted 'in and out' privilege policy restricting the
entrance and exits of patrons for underage patrons.
10. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property and on public property within 50 feet of
the subject property.
11. Signing and Advertising: All signs advertising events shall be installed and maintained
consistent with the provision of the Sign Ordinance, Chapter 21.53 C.M.C. Posting of flyers
and posters on public property is prohibited. The business owner shall be considered
responsible for these postings, if they occur, and shall cause their immediate removal. Failure
to comply may result in Revocation of the Conditional Use Permit.
12. Parking: No vehicle parking other than equipment loading and unloading shall be allowed in
the alley at the rear of the building.
13. Live Music Concerts: No live music concerts, where more than 100 patrons are expected,
shall commence before 6:00 p.m.
14. Property Maintenance: The exterior of the area around the building, including the alley and
the sidewalk, shall be cleaned every night to remove debris litter and graffiti. This shall be
completed during the approved business hours.
Planning Commission ResoluLlon No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 6
POLICE DEPARTMENT
15. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment on site.
16. Security and Staffing: The Gaslighter Theatre shall provide security and staffing consistent
with their Live Entertainment Permit processed by the Police Department and approved by
City Council.
17. Re-entry: Business management shall establish and maintain a policy and system to restrict
re-entry of patrons once events have begun. The policy and system shall be approved by the
Police Department in conjunction with the Live Entertainment Permit. .
FIRE DEPARTMENT
18. Queuing! Exiting: Reference to allowed queued customers into the lobby prior to a
performance shall be modified to note that no such occupancy of the lobby is to occur while
the theatre is already in use by an ongoing presentation. Le.: customers waiting for a later
performance shall not be permitted inside the lobby while the earlier performance is in
process.
19. Occupancy: The establishment of an occupant load is the function of the City Building
Official. Occupant load figures as presented by the applicant shall not be considered valid,
unless established by the City of Campbell Building Official and acknowledged by the Fire
Department.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
NOES:
ABSENT:
ABSTAIN :
Commissioners:
Commissioners:
Commissioners:
None
None
None
ATTEST: ~ L
'/Sharon Fierro, Secretary
Attachment #5
MEM 0 RAND UM
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From:
Captain Russ Patterson
Sergeant Art Markha~~ V
Gaslighter Security Violation
Date: August 20, 2003
To:
Subject:
On Wednesday, August 13, at approximately 2230 hours Officer Okamoto was perfonning a patrol check of the area to the
rear of the Gaslighter Theatre located at 400 East Campbell Avenue. Officer Okamoto observed a large group of people
congregating to the rear. Officer Tejero and Officer Berg Responded to the area to assist Officer Okamoto. The Officers
observed several individuals wearing black t-shirts with white lettering that said "Security Guard." When Officer Berg
queried as to who was in charge, Douglas Hall identified himself as the Manager.
It should be noted that the Officers observed approximately 150 patrons at the Gaslighter. There were five bands
performing that night. The area at the rear of the theatre was supposed to be roped off as a smoking area. The orange
fishnet construction barrier that was suppose to rope off the area had been pulled down and patrons were congregating as
far east as the railroad track area.
When questioned, Mr. Hall, the manager had no idea of the specifics regarding how many security guards they needed or
what requirements they had to meet for having patrons in the rear, He told the Officers that "Ryan Security" had provided
only one unifonned security guard. When questioned he claimed that the guard was bonded and had a guard card.
Officer Tejero and Officer Berg went to the front of the business and contacted the sole individual wearing a white uniform
shirt that had a generic patch on the shoulder that said "security." 18 year-old David Valdivia stated that he was not
employed by any security company. He did not have a guard card or was bonded. He further stated that Doug, the
manager had given him the shirt and told him to put it on, Mr. Valdivia stated that he helps out at the Gaslighter from time
to time but was not employed by a Security company,
The Officers then went back to Doug and asked him several times if Mr. Valdivia was hired by him or was sent by a
security company. Each time Doug answered that he did not hire Valdivia, that he had been sent by "Ryan Security."
When the Officers confronted Doug with what Mr, Valdivia had said, He (Doug) admitted that he had hired Mr. Valdivia
who three days prior had just turned 18 years-old.
When further questioned by Officer Tejero, Doug stated that it was his idea, and not the owner of the business to recruit
Mr. Valdivia to wear the generic uniform shirt,
On Monday, August 18, 2003 I telephoned Mark Gaetano, the owner of the Gaslighter, on his cell phone. I conveyed to
him the incident. His response was, "Oh now I get to hear the Police side of the story." Though I emphasized to Mr.
Gaetano, that his use permit was on a probationary status and was to be reviewed by the planning commission at the end
of six months, he did not voice any concern, remorse or frustration with what his manager had done. When I stated that
such incidents could possibly cause him to loose his use permit he began to deflect by saying that the Officers were rude
to his manager. He also began to lament that the owner of the art gallery was constantly complaining to the Police about
the Gaslighter Theatre. I tried to focus the conversation back to the issue of the blatant violation of the provisions of both
the use permit, and live entertainment permit. Mr. Gaetano did not express any concern.
cc: Chief David L. Gullo
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Community Development Department
October 17, 2003
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m" or shortly thereafter, on Tuesday, October 28, 2003, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing for a City-initiated
three month review of compliance with the Conditions of Approval for a Conditional Use Permit
(PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special events)
to be added to the existing vaudeville theatre use at the Gaslighter Theater on property owned by
Richard Gaetano and Mark Gaetano located at 400 E. Campbell A venue in the C-3-S (Central
Business District) Zoning District. This project was deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing, Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing, Questions may be addressed to the Community Development Department at
(408) 866-2140,
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No, PLN2002-142
Addresses: 400E. Campbell Avenue
70 North First Street. Campbell, California 95008-1436 ' TEL 408,866.2140 . FAX 408.871,5140 . TDO 408.866.2790
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CITY OF CAMPBELL
Community Development Department
September 22, 2003
Mr. Mark Gaetano and Mr. Richard Gaetano
Gaslighter Theatre
400 East Campbell A venue
Campbell, CA 95008
RE:
Planning Commission Review - 3 months
- 400 E. Campbell A venue - Gaslighter Theatre
Dear Mark and Richard:
The Planning Commission in its approval of your Conditional Use Permit required a three month and
six month review of the theatre operation after the City Council's consideration of your Live
Entertainment Permit. Staff has scheduled this review for the Planning Commission meeting of
October 28,2003.
Prior to this meeting staff will send you a copy of the staff report that reviews the Conditional Use
Permit and your compliance with the conditions of approval for the Planning Commission.
If you should have any questions prior to this meeting, please do not hesitate to contact me at 408 866-
2144 or via e-mail at timh@cityofcampbel1.com .
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Associate Planner
Cc:
Geoff Bradley, Senior Planner
Sharon Fierro, Community Development Director
70 North First Street. Campbell, California 95008-1436
TEL 408.866.2140 , FAX 408.871.5140
TIm 408.866.2790
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August 26, 2003
Mr. Mark Gaetano and Mr. Richard Gaetano
Gaslighter Theatre
400 East Campbell A venue
Campbell, CA 95008
RE:
Signs On Public Property
- 400 E. Campbell A venue - Gaslighter Theatre
Dear Mark and Richard:
The Planning Office has received five additional posters that were removed from the light post in the
downtown area advertising upcoming events at the Gaslighter Theatre. Please have these unapproved
signs removed. As you may recall, Condition No. 11 of your conditional use permit approval required
that you be responsible for their immediate removal and that signing and advertising may be an issue
of revocation of your conditional use permit.
Sign: Teeno Presents - skank, irie, sounds II August 29th
Thank you in advance for your cooperation and assistance.
){!Y, lY
Tim ?-d;ey
Associate Planner
Cc:
Geoff Bradley, Senior Planner
Sharon Fierro, Community Development Director
70 North First Street. Campbell, California 95008-1436
TEL 408.866.2140
FAX 408.871.5140
TDI1 408.866.2790
MEMORANDUM
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To:
Sharon Fierro
Community Development Director
Date: August 21,2003
From:
Russ Patterson
Captain, Field Services Division
Subject:
Gaslighter Theater
Attached is a memo from Sgt. Markham regarding an issue with the Security Guard provision at the
Gaslighter Theater. This information may be of use to the Planning Commission when they review the
Gaslighter's Use Permit in the next few months. Please see me with any questions.
City of Campbell. 70 North First Street .Campbell . CA . 95008 . Phone (408) 866-2100
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Community Development Department
August 19,2003
Mr. Mark Gaetano and Mr. Richard Gaetano
Gaslighter Theatre
400 East Campbell A venue
Campbell, CA 95008
RE:
Signs On Public Property
- 400 E. Campbell A venue - Gaslighter Theatre
Dear Mark and Richard:
The Planning Office has received four poster that were removed from the light post in the downtown
area advertising upcoming events at the GaslighterTheatre. Please have these unapproved signs
removed. As you may recall, Condition No. 11 of your conditional use permit approval required that
you be responsible for their immediate removal and that signing and advertising may be an issue of
revocation of your conditional use permit.
Sign One: Gaslighter Theatre presents Superchannel 8/28
Signs two through four: Lifted, Ghost Rider and others... Mando Art@LoudMouthStudios 8/15
Thank you in advance for your cooperation and assistance.
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Associate Planner
Cc:
Geoff Bradley, Senior Planner
Sharon Fierro, Community Development Director
70 North First Street
Campbell, California 95008-1436
TEL 408.866.2140
FAX 408.871.5140
TDD 408.866,2790
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Community Development Department
July 7,2003
Mr. Mark Gaetano and Mr. Richard Gaetano
Gaslighter Theatre
400 East Campbell A venue
Campbell, CA 95008
RE:
Signs On Public Property - Strata Rock 'n Roll
- 400 E. Campbell A venue - Gaslighter Theatre
Dear Mark and Richard:
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The Planning Office has received a complaint regarding the posting of signs by one of the bands that
may be using the Gasligther. The enclosed adhesive sign has been attached to public sign posts and on
the local news racks. If this is a musical group that has been using your theatre, please advise the band
members and their promotional staff of the restrictions regarding signage and request that they remove
the stickers from public property.
Thank you in advance for your cooperation and assistance.
~
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Associate Planner
Cc:
Geoff Bradley, Senior Planner
Jolie Houston, Attorney
70 North First Street. Campbell, California 95008-1436
TEL 408.866.2140
Tim 408.866.2790
FAX 408.871.5140
9.
Approval of Live Entertainment Permit - Gaslighter Theatre - 400 E. Campbell
A venue
This is a minute action approving a Live Entertainment Permit including Findings and
Conditions for the Gaslighter Theatre located at 400 E. Campbell A venue,
10,
Approval of Live Entertainment Permit - American Legion West Valley Memory
Post 99 - 1344 Dell Avenue
This is a minute action approving a Live Entertainment Permit including Findings and
Conditions for the American Legion West Valley Memory Post 99 located at 1344 Dell
A venue,
M/S: Burr/Watson - to approve the Consent Calendar with the exception of Item 11.
Motion adopted by the following roll call vote:
AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES: Councilmembers: None
ITEMS CONSIDERED SEPARATE FROM CONSENT CALENDAR:
11.
Approval of Budget Adjustment - Excess Workers' Compensation Premium
(Resolution/Roll Ca~l Vote)
Councilmember Dean expressed concerns about the excessive rates being charged by
insurance companies and stated he would be voting No on this item based on principle
only.
M/S: Burr/Watson - that the City Council adopt Resolution 10202 approving a
Budget Adjustment for Excess Workers' Compensation Insurance Coverage.
Motion adopted by the following roll call vote:
AYES: Councilmembers: Watson, Kennedy, Burr, Furtado
NOES: Councilmembers: Dean
ORAL REQUESTS
a.
,
Leon Beauchman, 1856 Montemar Way, San Jose, appeared before the City Council on
behalf of SBC, and requested that the City Council consider adopting a
telecommunications resolution as it relates to the Telecommunications Act of 1996.
Mayor Furtado referred this matter to staff.
Minutes of 7/1/03 City Council Meeting
3
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Community Development Department
May 15, 2003
Mark Gaetano
535 Calle Viento
Morgan Hill, CA 95037
Richard Gaetano
565 Minnesota A venue
San Jose, CA 95125
Re:
PLN2002-142 - 400 E. Campbell Avenue - Use Permit - Gaslighter
Dear Applicant:
Please be advised that at its meeting of May 13, 2003, the Planning Commission adopted
Resolution No. 3492 approving a Conditional Use Permit to allow late night hours and uses (live
concerts, dinner theatre, special events) to the existing vaudeville theatre use on the above
referenced property.
This action is effective in ten calendar days and is subject to the Conditions of Approval, unless
appealed in writing to the City Clerk by 5 p.m. on Friday, May 23, 2003. California Code of
Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision
must be sought.
Please note that you are also required to process a Live Entertainment Permit through the Police
Department for final approval by City Council.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
~~
Tim J. Haley
Associate Planner
Cc:
Frank Mills, Building Division
Chris Veargason, County Fire Department
Russ Patterson, Captain, Police Department
Jolie Houston, Esq., Berliner Cohen, 10 Almaden Blvd., #1100, San Jose, CA 95113
70 North First Street. Campbell, California 95008-1436
TEL 408.866.2140 . f^X 408.871.5140 . T )J) 408.866.2790
RESOLUTION NO. 3492
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2002-142) TO ALLOW LATE NIGHT HOURS AND USES (LIVE
CONCERTS, DINNER THEATRE, SPECIAL EVENTS) TO THE
EXISTING VAUDEVILLE THEATRE USE OF PROPERTY OWNED
BY MARK AND RICHARD GAETANO LOCATED AT 400 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT)
ZONING DISTRICT. APPLICATION OF MR. MARK GAETANO. FILE
NO. PLN2002-142.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-142:
1. The proposed operational hours and live entertainment within an existing theatre is consistent
with the Central Commercial General Plan land use designation and the C-3-S (Central
Business District) Zoning District with approval of a Conditional Use Permit.
2. The proposed operational hours and live entertainment within the Gaslighter Theatre is
consistent with the guidelines of the Downtown Development Plan in that it supports a
entertainment use in the downtown that complements other retail activities in the downtown.
3. The proposed project, as conditioned, is compatible with the surrounding commercial uses
within the neighborhood.
4. The hours of operation for the live entertainment are limited between 8:00 a,m. and 1:30 a.m.
daily.
5. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
..J:i. employee occupancy (staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Planning Commission Res~. .tOn No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 2
6. Entertainment shall be limited to the following:
Solo Musical Acts Choirs Singing Groups
Live Bands Magicians/ Jugglers Operas
School Functions Children's Theatre Political Events
Stand Up Comedians Impersonators Dance Recitals
Rehearsals Variety Shows Music Competitions
Vaudeville Travel Theatre Troupes Fashion Shows
Film Previews Weddings Non-Profit MtgsÆvents
7. The proposed use will not increase parking demand greater than the current legal non-
conforming theatre.
8. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway. The proposed live entertainment, subject to the
conditions of approval, is compatible with the surrounding development and uses.
9. The conditions of approval should sufficiently mitigate loitering and vandalism problems that
have been experienced with this operation in the past and should provide adequate security
for such events.
10. The Police Department has no objections to the proposed project, as conditioned.
11. The Redevelopment Agency has no objections to the proposed project, as conditioned.
12. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the Conditions of Approval, the proposed project is consistent with the General
Plan and Zoning Ordinance.
1. The establishment, maintenance, or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
Planning Commission Resú.~.lOn No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 3
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special
events) to the existing vaudeville theatre use of property owned by Mark and Richard Gaetano located at
400 E. Campbell A venue in the C-3-S (Central Business District) Zoning District, subject to the
following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Plannine Division
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-142) to allow
live entertainment within an existing theatre at 400 E. Campbell A venue. The project shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein.
a.
Project plans prepared by Clyde Beck, Architect and received by the Planning Division
on March 3, 2003, including a site plan and floor plans.
b.
Project description dated April 18, 2003, prepared by Mark Gaetano as amended below.
Occupancy and seating layout shall be consistent with this operational description and
limited to 211 patrons, 15 staff, and 30 performers (total 256 persons). Types of
entertainment shall be restricted to the following:
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville
Film Previews
Choirs
Magicians/ Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Weddings
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Non-Profit Mtgs/Events
Planning Commission Resú. .ion No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 4
2. Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the Conditions of Approval will result in the
Conditional Use Permit being void.
3. Revocation of PermitlReview: Operation of the use in violation of the Conditional Use
Permit or any standards, Codes or Ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
Upon receipt of verified complaints the Community Development Director and/or the Chief
of Police may impose additional conditions or modify conditions immediately to protect the
public welfare until the Planning Commission public hearing can be held.
The Planning Commission shall conduct a review of the Conditional Use Permit upon the
completion of three months of operation and again after six months from the date of the City
Council's approval of the Live Entertainment Permit. Additionally, the Planning Commission
may review the Conditional Use Permit based upon a verified complaint filed with the
Community Development Director. Another comprehensive review of the Use Permit by the
Planning Commission will occur after five years. The Use Permit will outright expire 10
years from the date that the City Council approves the corresponding Live Entertainment
Permit and the theatre will be required to reapply for a new Use Permit at that time.
4. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by uses from theatre and live entertainment shall not be audible to a
person of normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
the live entertainment, may immediately modify the hours of operation and/or prohibit
the live entertainment, subject to the project being brought back to the Planning
Commission for review.
5. Hours of Operation: Operational hours are limited from 8:00 a.m. to 1:30 a.m. daily with the
typical operational hours being more restrictive of 12:00 p.m. to 12:00 a.m, daily. All
activity must cease at the end of the operational hours, including building cleaning and
maintenance. The building shall not be occupied except during approved operational hours.
6. Smoking Area: The applicant shall establish a defined smoking area at the rear of the theatre
of approximately 500 square feet. Appropriate signing and security staff shall be provided
for this area and its use shall be restricted to no more than 40 people. No drinks shall be
permitted outside the building.
Planning Commission ReSO..lon No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 5
7. Liquor License: The applicant shall restrict the sale and consumption of beer and wine to the
interior of the building. Bar services shall be only available to theatre patrons. The applicant
shall maintain a Type 41, Alcohol Beverage Control liquor license. The bar is to be
maintained as supplemental to the use of the building as a theatre. Only ticketed customers
may utilize the bar area.
8. Food Preparation: To comply with the provisos of the Type 41 Alcoholic Beverage Control
(ABC) Liquor License, the applicant shall establish a bona fide restaurant with regular posted
food service hours, consistent with terms of the license. The applicant shall provide Building
Construction Plans, if required by ABC, for a kitchen that meets the requirements of the
ABC and the Santa Clara County Health Department within 30 days of approval of the
permit and all improvements must be completed within 90 of approval of this Use Permit.
9. Queuing: Outdoor queuing to enter the theatre shall be limited to ten persons. Theatre
management shall minimize event queuing by providing adequate ticketing personnel and
earlier opening times if events warrant such actions.
No loitering is permitted and the business owner shall be responsible to prevent loitering by
business patrons within 150 feet of the theatre.
The management shall implement an adopted 'in and out' privilege policy restricting the
entrance and exits of patrons for underage patrons.
10. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property and on public property within 50 feet of
the subject property.
11. Signing and Advertising: All signs advertising events shall be installed and maintained
consistent with the provision of the Sign Ordinance, Chapter 21.53 C.M.C. Posting of flyers
and posters on public property is prohibited. The business owner shall be considered
responsible for these postings, if they occur, and shall cause their immediate removal. Failure
to comply may result in Revocation of the Conditional Use Permit.
12. Parking: No vehicle parking other than equipment loading and unloading shall be allowed in
the alley at the rear of the building.
13. Live Music Concerts: No live music concerts, where more than 100 patrons are expected,
shall commence before 6:00 p.m.
14. Property Maintenance: The exterior of the area around the building, including the alley and
the sidewalk, shall be cleaned every night to remove debris litter and graffiti. This shall be
completed during the approved business hours.
Planning Commission Reso.".lon No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 6
POLICE DEPARTMENT
15. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment on site.
16. Security and Staffing: The Gaslighter Theatre shall provide security and staffing consistent
with their Live Entertainment Permit processed by the Police Department and approved by
City Council.
17. Re-entry: Business management shall establish and maintain a policy and system to restrict
re-entry of patrons once events have begun. The policy and system shall be approved by the
Police Department in conjunction with the Live Entertainment Permit.
FIRE DEPARTMENT
18. Queuing! Exiting: Reference to allowed queued customers into the lobby prior to a
performance shall be modified to note that no such occupancy of the lobby is to occur while
the theatre is already in use by an ongoing presentation. i.e.: customers waiting for a later
performance shall not be permitted inside the lobby while the earlier performance is in
process.
19. Occupancy: The establishment of an occupant load is the function of the City Building
Official. Occupant load figures as presented by the applicant shall not be considered valid,
unless established by the City of Campbell Building Official and acknowledged by the Fire
Department.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
None
None
None
AYES:
Commissioners:
APPROVED:
Joseph Hernandez, Chair
ATTEST:
Sharon Fierro, Secretary
,
.
~
CAMPBELL
ITEM NO.5
~
ST AFF REPORT - PLANNING COMMISSION MEETING OF
May 13, 2003
PLN2002-142
Gaetano, M.
Public Hearing to consider the application of Mr. Mark Gaetano, on behalf
of the Gaslighter Theatre, for a Conditional Use Permit (PLN2002-142) to
allow late night hours and uses (live concerts, dinner theatre, special events)
to the existing vaudeville theatre use of property owned by Mark and
Richard Gaetano located at 400 E. Campbell A venue in the C-3-S (Central
Business District) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to
allow live entertainment within an existing theatre, subject to the attached Conditions of
Approval and find that this project is Categorically Exempt under Section 15301, Class 1 of the
California Environmental Quality Act (CEQA) pertaining to the continued use of an existing
facility.
PROJECT DATA
Gross Lot Area:
.09 acres (3,965 square feet)
Total Site Utilization:
Building Coverage:
Paving Coverage:
3,535 square feet
430 square feet
Total Building Area:
Main Floor Area:
Balcony Area:
4,193 square feet
3,135 square feet
1,058 square feet
Theatre Data:
Seating Capacity:
211 maximum occupancy (customers/ public)
45 employee occupancy(staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
Hours of Operation: *
Monday - Friday
Saturday
Sunday
8:00 a.m. to 1:30 am.
12:00 p.m. to 1:30 a.m.
8:00 p.m. to 1:30 a.m.
* Typical operational hours would close the theatre at 12:00 a,ffi,
Staff Report - Planning Cor~...ússion Meeting of May 13, 2003
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 2
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
live entertainment and late night business hours (after 11 p.m.) within the existing Gaslighter
Theatre located at 400 E. Campbell A venue.
The project site is located on the south side of East Campbell A venue between Central A venue
and the Union Pacific Railroad tracks in Downtown Campbell. The site is surrounded by
commercial uses to the north, east and west and office uses to the south.
Background: This building was originally constructed as a Bank in the 1920's and was converted
to the Campbell Movie Theatre in the 1930's. The applicant has operated a vaudeville theatre at
this location for the past thirty-four years. The establishment of this theatre use pre-dates the
requirement for a Conditional Use Permit which became effective in 1987 and the conditional
use permit for late night business operations. However, in 2001 the City Council adopted an
amendment to the Zoning Ordinance provisions requiring late night uses and removed non-
conforming rights after a two-year amortization period. All businesses in commercial districts
now require approval of a Conditional Use Permit to operate between the hours of 11 p.m. and 6
a.m. in addition to the theatrical productions, the business owner has begun renting this facility
for live concert venues, bands and other entertainment that go beyond 11 p.m.
The change in various entertainment events, in particular the live concerts, has significantly
increased the need for additional Police Department responses to this business to address
loitering, littering, vandalism and alcohol related incidents.
The applicant was notified that approval of a Conditional Use Permit is required to allow the
expanded use of their business to provide a variety of entertainment activities and operational
hours after 11 p.m.
ANAL YSIS
General Plan Designation: The General Plan Land Use designation for the project site is Central
Commercial. The additional live entertainment activities in conjunction with an existing theatre
is consistent with this land use designation. Therefore, the proposed project is consistent with
the General Plan.
Downtown Development Plan: The project site is located within the project boundaries of the
Downtown Development Plan. The proposed live entertainment within the Gaslighter Theatre is
consistent with the guidelines of the Plan in that it provides a mixture of commercial uses and a
gathering place within the downtown.
Zoning Designation: The zoning designation for the project site is C-3-S (Central Business
District). Live entertainment and late night business activities (except as permitted under Section
21.26.020) are allowed uses within this zoning district subject to the approval of a Conditional
Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval
of this Conditional Use Permit.
Staff Report - Planning Colli..tÏssion Meeting of May 13, 2003
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 3
Live Entertainment: Live entertainment is permitted within the C-3-S Zoning District, subject to
the approval of a Conditional Use Permit and approval of a Live Entertainment Permit by the
City Council. The Planning Commission, in its review of the Use Permit reviews the adequacy of
the proposed site to accommodate the use, the compatibility of the use with uses in the
surrounding neighborhood and the issue of over concentration of similar uses. The use must be
found "not detrimental to the general welfare of the community."
Since the proposed live entertainment would be located in an existing theatre with a separate bar
area and would be allowed until 1:30 a.m., a Conditional Use Permit is required. The applicant's
project description indicates that the live entertainment would consist of a wide variety of
entertainment types and performances as indicated in the attached operational description. Staff
is recommending a less extensive list of entertainment types that are similar to the theatre use
that has traditionally operated at this location.
Security: The owner has indicated that all shows are under their supervision with both staff and
security personnel present. For every fifty persons attending an event there will be one security
and one staff person. However, due to the number of incidents that required response by the
Campbell Police Department, staff is recommending that on-site security be retained for certain
events. With a potential occupancy of 211 seats, five staff persons and five security persons
should be present. A Condition of Approval is recommended that requires the minimum staffing
and security personnel levels. This condition also requires that the security firm be bonded and
that personnel be trained and licensed consistent with the State Department of Consumer Affair
standards.
Food service: The applicant's description indicates that a limited food service (pizza, hot dogs,
and popcorn) is provided on-site with the ability to have events catered by local restaurants.
However they hold a Type 41 Alcohol and Beverage Control (ABC) license for the premises that
is limited to the sales of alcohol to beer/ wine to be consumed on the premises. This type of
license requires that they operate a bona fide restaurant. Since the existing building contains a
limited food preparation area, the applicant will be required to secure a Building Permit for a
kitchen that meets the requirements of the ABC and the Santa Clara County Health Department.
Queuing: The theatre opens its doors half an hour before performances. To assure that patrons
waiting for performances do not disturb the retail/commercial environment of the downtown, a
Condition of Approval is recommended that requires management to open it earlier and move
patrons inside the building if a group of greater than 10 patrons is queuing in front of the theatre.
Smoking Areas: The applicant has designated a smoking area to the rear of the theatre in the
alleyway area. Drinks are not permitted outside the building. Staff is recommending a Condition
of Approval that defines the smoking area and requires that this area be maintain in a clean and
organized condition and that signing be installed restricting the use of the area to no more than
40 people and that Security personnel be present during use of this area.
Staff Report - Planning CoITwllssion Meeting of May 13, 2003
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 4
Operational Hours: Operational hours are limited between 8:00 a.m. and 1:30 a.m. daily, with the
typical operational hours being more restrictive of 12:00 p.m. to 12:00 a.m. daily. All activity
must cease at the end of the operational hours, including building cleaning and maintenance.
The building shall not be occupied except during approved operational hours.
Parking: No on-site parking is provided and a loading area is provided in front of the theatre.
Parking is available on the street and in nearby public parking areas. With the recommended
limits on occupancy in the Conditions of Approval, there will not be an expansion of operation
that would require additional parking.
Building Design: No exterior changes are proposed with the establishment of live entertainment
within the existing building. The applicant has made numerous corrections to the building to
comply with Building and Fire Code requirements. Recently the applicant removed several rows
of seats that increased the capacity of the building and allows dancing and stranding during
performances. It would also allow for dinner shows as noted on their attached floor plans. This
resulted in an expansion of the use and has been the primary reason that the live entertainment
portion of this application was required. A Condition of Approval requires Planning
Commission approval to modify the existing floor plan, including the removal of seats, the slope
of the floor or modification of building walls.
Police Department Review: The Campbell Police Department has reviewed the application and
has no objections to the live entertainment request with the provision that Conditions of
Approval be adopted that eliminate the numerous calls for service associated with past
operations.
The recommended Conditions of Approval also require that the applicant process a Live
Entertainment Permit with the Police Department consistent with section 5.24.010 of the
Campbell Municipal Code and that the applicant provide appropriate security and supervision of
the requested events.
Redevelopment Agency Review: The Redevelopment Agency has reviewed the application and
has no objections to the live entertainment request, subject to the approval of the recommended
Conditions of Approval.
Use Permit Review: Staff is recommending a three-month and six-month review of the Use
Permit Approval from the date of the City Council's approval of the Live Entertainment Permit.
Additionally, review may be initiated based upon a verified complaint to the Community
Development Director.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application as no changes are proposed to the site design or design of the building.
Staff Report - Planning COIT1Hilssion Meeting of May 13, 2003
PLN2002-142 - 400 E. Campbell Ave. - Gaslighter Theatre
Page 5
Attachments:
1. Findings for Approval of File No. PLN2002-142
2. Conditions of Approval for File No. PLN2002-142
3. Project Description
4. Exhibits
5. Location Map
Prepared by: I ~ A - ~
Ti::~Y' fJ~cia~-p¡;;;;~r~
Approved by:
~~
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN2002-142
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
400 E. Campbell A venue
Mark Gaetano on behalf of The Gaslighter Theatre
May 13, 2003
Findings for approval of a Conditional Use Permit to allow late night operational hour and live
entertainment within an existing theatre at 400 E. Campbell A venue.
The Planning Commission finds as follows with regard to file number PLN2002-142:
1. The proposed operational hours and live entertainment within an existing theatre is consistent
with the Central Commercial General Plan land use designation and the C-3-S (Central
Business District) Zoning District with approval of a Conditional Use Permit.
2. The proposed operational hours and live entertainment within the Gaslighter Theatre is
consistent with the guidelines of the Downtown Development Plan in that it supports a
entertainment use in the downtown that complements other retail activities in the downtown.
3. The proposed project, as conditioned, is compatible with the surrounding commercial uses
within the neighborhood.
4. The hours of operation for the live entertainment are limited between 8:00 a.m. and 1:30 a.m.
daily.
5. The proposed use will not increase parking demand greater than the current legal non-
conforming theatre.
6. The surrounding uses consist of retail and retail service uses to the north, east and west and
office uses to the south across the alleyway. The proposed live entertainment, subject to the
conditions of approval, is compatible with the surrounding development and uses.
7. The Police Department has no objections to the proposed project, as conditioned.
8. The Redevelopment Agency has no objections to the proposed project, as conditioned.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that, subject to the Conditions of Approval, the proposed project is consistent with the General
Plan and Zoning Ordinance.
1. The establishment, maintenance, or operation of the use will not be detrimental to the public
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.
2. The proposed use is compatible with the uses in the area.
Attachment #1
Page 2 of 2
3. The subject site is adequate in size and shape to accommodate the building areas and waiting
areas required in order to integrate said use with uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required Conditions of Approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-142
SITE ADDRESS:
APPLICANT:
P.c. MEETING:
400 E. Campbell Avenue
Mark Gaetano on behalf of The Gaslighter Theatre
May 13, 2003
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin2 Division
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-142) to allow
live entertainment within an existing theatre at 400 E. Campbell Avenue. The project shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein.
a.
Project plans prepared by Clyde Beck, Architect and received by the Planning Division
on March 3, 2003, including a site plan and floor plans.
b.
Project description dated April 18, 2003, prepared by Mark Gaetano as amended below.
Occupancy and seating layout shall be consistent with this operational description and
limited to 211 patrons, 15 staff, and 30 performers (total 256 persons). Types of
entertainment shall be restricted to the following:
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville Shows
Film Previews
Choirs
Magicians/ Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
2. Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period the use must be established on the
property and conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the Conditions of Approval will result in the
Conditional Use Permit being void.
Attachment #2
Page 2 of 3
3. Revocation of PermitlReview: Operation of the use in violation of the Conditional Use
Permit or any standards, Codes or Ordinances of the City of Campbell shall be grounds for
consideration of reyocation of the Conditional Use Permit by the Planning Commission.
Upon receipt of verified complaints the Community Development Director and/or the Chief
of Police may impose additional conditions or modify conditions immediately to protect the
public welfare until the Planning Commission public hearing can be held.
The Planning Commission shall conduct a review of the Conditional Use Permit upon the
completion of three months of operation and again after six months from the date of the City
Council's approval of the Live Entertainment Permit. Additionally, the Planning Commission
may review the Conditional Use Permit based upon a verified complaint filed with the
Community Development Director.
4. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by uses from theatre and live entertainment shall not be audible to a
person of normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
the live entertainment, may immediately modify the hours of operation and/or prohibit
the live entertainment, subject to the project being brought back to the Planning
Commission for review.
5. Hours of Operation: Operational hours are limited from 8:00 a.m. to 1:30 a.m. daily with the
typical operational hours being more restrictive of 12:00 p.m. to 12:00 a.m. daily. All
activity must cease at the end of the operational hours, including building cleaning and
maintenance. The building shall not be occupied except during approved operational hours.
6. Smoking Area: The applicant shall establish a defined smoking area at the rear of the theatre
of approximately 500 square feet. Appropriate signing and security staff shall be provided
for this area and its use shall be restricted to no more than 40 people. No drinks shall be
permitted outside the building.
7. Liquor License: The applicant shall restrict the sale and consumption of beer and wine to the
interior of the building. Bar services shall be only available to theatre patrons. The applicant
shall maintain a Type 42, Alcohol Beverage Control liquor license. The bar is to be
maintained as supplemental to the use of the building as a theatre. Only ticketed customers
may utilize the bar area.
8. Food Preparation: To comply with the provisos of the Type 41 Alcoholic Beverage Control
(ABC) Liquor License, the applicant shall establish a bona fide restaurant with regular posted
food service hours, consistent with terms of the license. The applicant shall provide Building
Construction Plans for a kitchen that meets the requirements of the ABC and the Santa Clara
County Health Department within 30 days of approval of the permit and all improvements
must be completed within 90 of approval of this Use Permit.
Attachment #2
Page 3 of 3
9. Queuing: Outdoor queuing to enter the theatre shall be limited to ten persons. Theatre
management shall minimize event queuing by providing adequate ticketing personnel and
earlier opening times if events warrant such actions.
No loitering is permitted and the business owner shall be responsible to prevent loitering by
business patrons within 150 feet of the theatre.
The management shall implement an adopted 'in and out' privilege policy restricting the
entrance and exits of patrons for underage patrons.
10. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property and on public property within 50 feet of
the subject property.
11. Signing and Advertising: All signs advertising events shall be installed and maintained
consistent with the provision of the Sign Ordinance, Chapter 21.53 c.M.C. Posting of flyers
and posters on public property is prohibited. The business owner shall be considered
responsible for these postings, if they occur, and shall cause their immediate removal. Failure
to comply may result in Revocation of the Conditional Use Permit.
12. Parking: No vehicle parking other than equipment loading and unloading shall be allowed in
the alley at the rear of the building.
13. Live Music Concerts: No live music concerts, where more than 100 patrons are expected,
shall commence before 6:00 p.m.
14. Property Maintenance: The exterior of the area around the building, including the alley and
the sidewalk, shall be cleaned every night to remove debris litter and graffiti. This shall be
completed during the approved business hours.
POLICE DEPARTMENT
15. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment on site.
16. Security and Staffing: The applicant shall provide staffing and security personnel for each
event with a minimum of two security personnel and additional personnel at a rate of one
security person for each fifty patrons. Security personnel shall be approved by the Police
Department and shall be bonded with a one million dollar insurance policy. Security
personnel shall be uniformed and trained and licensed consistent with the California
Department of Consumers Affairs Standards.
17. Re-entry: Business management shall establish and maintain a policy and system to restrict
re-entry of patrons once events have begun. The policy and system shall be approved by the
Police Department in conjunction with the Live Entertainment Permit.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, May 13,2003, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
Mr. Mark Gaetano, on behalf of The Gaslighter Theatre, for a Conditional Use Permit
(PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special events)
to the existing vaudeville theatre use of property owned by Mark and Richard Gaetano located at
400 E. Campbell A venue in the C-3-S (Central Business District) Zoning District. Staff is
recommending that this project be deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2002-142
Address: 400 E. Campbell A venue
70 North First Street. Campbell, California 95008-1436 . IlL 408.866.2140 ' FAX 408.871.5140 . TJ)[) 408.866.2790
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400 E. Campbell Avenue, Campbell California 95008 (408) 866-1408
April 18, 2003
Mr. Tim Haley
Associate Planner
City of Campbell
70 North First St.
Campbell, CA 95008
Re:
The Gaslighter Theater
400 E, Campbell Ave,
Dear Mr. Haley,
RECEIVED
APR 2 2 2003
CrN OF CAMPBELL
PLANNING DEPT.
This is a response to your letter dated April 11, 2003. Hopefully, this is a more detailed
description of the various activities that The Gaslighter Theater is requesting approval of under
the Conditional Use Permit application.
The Gaslighter Theater for the past thirty-four years has provided for families and people of all
ages and backgrounds, appropriate live performance entertainment. Throughout the years, it has
always been important for the theater to provide a variety of entertainment that would meet the
needs of changing society, economics, and demographics.
The following is a listing of the types of entertainment that The Gaslighter Theater provides:
Solo Musical Acts
Live Bands
Operas
Stand Up Comedians
Charity Events
Rehearsals
Vaudeville Shows
Beauty and Hair Shows
Fashion Shows
Dart Tournaments
Security:
Choirs
Live Theater Productions
Church Services
Political Events
School Functions
Impersonators
Variety Shows
Traveling Theater Troupes
Demonstrations of Skills
Independent Film Previews
Parties
Singing Groups
Weddings
Fund Raising
Meeting Place
Magicians/Jugglers
Children's Theater
Dance Recitals
Video Showings
Music Competitions
For all performances at The Gaslighter Theater, one of the owners or the house manager assigned
by the Gaslighter, is always present during the hours of the event. All shows are under the
owner's supervision. During music events, for every fifty people attending, there is one security
and a staff personnel present, with a minimum of two security persons, The staff personnel wear
bright red polo shirts that say STAFF with the Gaslighter logo on them and security wear black
"T" shirts with large white lettering that say "SECURITY" on them.
Hours:
The Gaslighter Theater can be open seven days a week. The hours of entertainment vary from
8:00AM in the morning until 1 :30AM at night. Our typical schedule is as follows:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1 :OOpm - 12:00am
4:00pm - 12:00am
4:00pm - 12:00am
4:00pm - 12:00am
4:00pm - 12:00am
4:00pm - 12:00am
12:00pm - 12:00 am
Food Service:
The Gaslighter Theater has available hot dogs, pizza, salad, chips, and candy at all times, Some
groups request a dinner show. We have a long list of caterers, but we mainly support Campbell
restaurants such as Mama Mia's, Mio Vicino, Allie's, Andy's BBQ, Sam's BBQ, and Luigi's,
Oueuin~:
The Gaslighter Theater opens its doors Y2 hour before the performance begins. If the
management determines a growing crowd (10+ customers) earlier than Y2 hour before the
performance time, the customers are invited to wait in the lobby.
Smokin~ Areas:
The Gaslighter has a designated lighted smoking area in the alley behind the building not to
exceed 80 people. (561 sqft. @ 7 sqft./person) We do not allow drinks out side of the building at
any time. Staff personnel/security are always present in the smoking area during a performance.
Floor Plan Showine Table/ Chair Seatin~ Arraneements:
See attached seating arrangements for the downstairs. The difference is the front near the stage,
where there are 8' tables for dinning, 18" tables for regular theatrical seating and no tables for
standing, during a music concert. The balcony seating, when open, is fixed with its existing 62
fixed theater chairs.
Bar Operation Hours:
The Gaslighter Theater bar is only open during performance hours. The purpose of the bar is to
serve as a refreshment center for the customers attending the various shows, From time to time,
people will visit the theater during a performance to obtain information about the shows or to
pick up someone after the show and partake in a refreshment from the bar, This occurs on
occasion. The bar primarily operates for ticketed customers.
Parkin~:
The Gaslighter Theater recommends to their customers that they park in the lot across the street,
on the street, at the lot behind the building across the railroad tracks, at the public parking lot by
Stoddards.
Hopefully, this information is helpful. Much of this information is included in our Live
Entertainment Permit Application. Our web site, www. theGaslighter .com is also a great source
of information about the business.
If you have any questions, please feel free to call us at 408 866-1408 or via E-Mail at:
customer@thegaslighter. com.
Sincerely,
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Community Development Department
April 11,2003
Mr. Mark Gaetano
Gaslighter Theatre
535 Calle Vi en to
Morgan Hill, CA 95037
Re: File No.: PLN2002-142
400 E. Campbell A venue
Dear Mr. Gaetano:
Thank you for meeting with various City staff members on March 12, 2003 to discuss exiting
and occupancy issues associated with the operation of the Gaslighter Theatre and the submittal
of plans and occupancy analysis by your architect. Based upon this meeting, it is apparent that
we need a more detailed description of the various activities that you are requesting approval of
under the Conditional Use Permit application. To better represent your proposal to the Planning
Commission, please provide the following information:
Detailed descriptions of the different activities, such as live concerts, vaudeville theatre, dinner
theatre, special events (political events, etc.), and other different activities anticipated at the
theatre.
For each of the different activities please provide the following details:
.
security arrangements for each type
hours
food service availability
queuing
smoking areas
floor plan showing table/seating arrangements
.
.
.
.
.
Please address whether the bar will be open during performances and if these services are
available to non-ticketed customers. Staff recommends that it not be open to non-ticketed
customers.
The various activities will be reviewed in light of your Alcohol Beverage Control license and
conformance with its restrictions.
J:\Completeness Letters\PLN2002.142. 400 E. Campbell Ave(3).doc
70 North First Street
Campbell, California 95008-1436 . TEL 408.866.2140
FAX 408.871.5140 . Tim 408.866.2790
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Additionally, due to the limited parking in the Downtown area, staff is concerned regarding the
increased occupancy that may result with the remoyal of fixed seating. Please discuss how
occupancy may be limited when an unfixed seating arrangement is utilized.
This information needs to be submitted to complete your application and needs to be provided
by April 18th in order to schedule your application for the May 13,2003, Planning Commission
meeting.
If you have any questions about the requested information, please feel free contact Geoff
Bradley at (408) 866-2124 or via email at geoffb@cityofcampbell.com.
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Associate Planner
cc:
Jolie Houston, Attorney, fax 998-5388
Geoff Bradley, Senior Planner
Bill Bruckart, Building Official
Art Markham, Sergeant
Chris Veargason, Deputy Fire Marshall II
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400 E. Campbell Avenue, Campbell California 95008 (408) 866-1408
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March 3, 2003
Ms Sharon Fierro
Community Development Director
City of Campbell
70 North First Street
Campbell, CA 95008
Re: Live Entertainment Events - 400 E. Campbell A vc. - The Gaslighter Theater
Dear Sharon,
This is a response to your letter dated February 14,2003, Please accept our sincere apologies for any
inconvenience we have caused you or anyone else in your department. We have been personally
involved with the city of Campbell and the Gaslighter Theater for thirty-two years. We cannot
describe the hurt, the frustration, and disappointment we have felt since first receiving your letter on
October 16,2002. This situation has caused us tremendous stress, loss of time, and money.
As you know, we have retained Jolie Houston, an attorney at law with Berliner Cohen. Hopefully,
with her help, we can reach an amenable agreement for both the city of Campbell and the Gaslighter
Theater. We have been diligently working on this permit process since it was brought to our
attention. We appreciate the faet that the city is trying to get all businesses operating under the
correct permits, and we were surprised to learn that we were not operating under the correct permit.
and had not been since 1989.
Our architect, Mr. Clyde Beck, has provided you with a floor plan, occupancy, ten sets of drawings.
and the required information that you had requested. It is our understanding that this is all that is
needed to complete our permit application, Included with this letter is a calendar for the months of
March, April, and May. These are shows that have already been booked, tickets have been sold, and
monies have been spent on promotion and advertising. We feel that it is important to honor the
commitments of these people who are not involved in this permit process, It is our intent to remedy
this situation quickly, so that the Gaslighter Theater can continue to be an integral part of the city
of Campbell, providing live entertainment for families and people of all ages as it has done for the
past thirty-four years.
Sincerely,
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Mark Gaetano, owner
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Richard Gaetano~ner
cc:
Dave Gullo, Chief of Police,
Sergeant Art Markham. Campbell Police Departmcnt.
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MEMORANDUM
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Subject:
Honorable Mayor Furtado and Members of the City Council Date: February 18, 2003
Bernard M. Strojny, City Manager .,f!)
The Gaslighter Theatre - 400 East Campbell A venue
To:
From:
As the City Council may be aware, the Gaslighter Theatre has expanded the variety and type of live
entertainment events by allowing various band concerts. These events draw crowds much larger than
the smaller scale vaudeville theatre for which the Gaslighter Theatre is renowned. In order to
accommodate the concert crowds, approximately eight rows of seats were removed from the front of
the theatre. Some of the events have drawn patrons that have caused problems with neighboring
businesses and have resulted in police incidents and complaints. Since the large-scale concerts have
begun, a significant amount of time has been spent by the Campbell Police Department in performing
extra patrols of the area during concerts and investigating complaints generated about concert patrons.
On October 22, 2002, staff met with the owners regarding the need to obtain approval of a Conditional
Use Permit (processed through the Community Development Department) and a Live Entertainment
Permit (processed through the Police Department). At this meeting, the owners additionally agreed to
take responsibility for the concerts and control their impacts on the community. A follow-up letter was
sent on November 13,2002, as a reminder of their commitment to apply for the necessary permits and
to take responsibility for controlling the patrons of their establishment.
Despite numerous conversations with the Gaetano family providing guidance about the type of
information needed, the application remains incomplete and staff is unable to prepare the report and
make a recommendation to the Planning Commission. The approval processes will allow the
placement of conditions of approval ensuring that the various events are adequately controlled and do
not adversely impact neighboring businesses in the Downtown area or the community.
With the removal of several rows of seats at the front of the theatre's stage, there is no clear path for
exiting by concert patrons who now congregate in this area. With the increased occupancy load for the
concerts, it is critical to ensure that safe exits are provided. One of the key elements lacking in the
application is an accurately drawn building plan that reflects a comprehensive and thorough assessment
of how exiting from the space will be possible in the event that emergency exiting is necessary. This
plan needs to be drawn by a licensed architect or engineer who understands the unique requirements of
concert venues. Without the requested information the Building Official cannot make a
recommendation on the safety of the building's exiting.
After the Police Department received a complaint that the Gaslighter was overcrowded January 14,
2003, staff again contacted the Gaetano Family requesting the submittal of additional application
material. While promises were made that the work would be done, by mid-February it was apparent
that the application would not be completed soon and that the use of the Gaslighter Theatre for concerts
J:\Correspondence\CC memo re gas lighter theatre.doc
City Council Memorandum 1 Jaslighter Theatre
Page 2
February 18,2003
should cease until proper approvals are obtained. A letter jointly prepared by the Community
Development Director and the Police Chief, requiring that use of the facility for concerts be terminated
immediately, was sent on Friday, February 14, yia certified and first class mail to the individual owners
of the building and to the theatre. One copy of the certified letter addressed to the Gaslighter Theatre
was returned by the Post Office today as refused. Given the events that occurred in Chicago over the
weekend, the severity of the issue is underscored.
Attachments: Letter from Sharon Fierro - November 13, 2002
Letter from Sharon Fierro and Dave Gullo - February 14, 2003
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Community Development Department
February 14,2003
Mr. Mark Gaetano and Mr. Richard Gaetano
Gaslighter Theatre
400 East Campbell A venue
Campbell, CA 95008
RE: Live Entertainment Concerts - 400 E. Campbell A venue - Gaslighter Theatre
Dear Mark and Richard:
In a meeting on October 22, 2002 with the City of Campbell's Attorney, members of the City's
Community Development, Redevelopment, and Police Departments, you were informed that the
Gaslighter Theatre needs to acquire a Conditional Use Permit as well as a Live Entertainment
Permit to host live entertainment concerts. It was explained that the Use Permit was first to be
applied for and approved through the Community Development Department and then a Live
Entertainment Permit could be applied for with the Police Department.
It was also agreed that because the Gaslighter at its inception had been presenting Vaudeville
Theatre, and has now been doing such for over thirty years, a Use Permit for the building was not
needed for Vaudeville Theatre in and of itself since it is considered "legal non-conforming".
However a Live Entertainment Permit for Vaudeville Theatre is needed.
Because you expressed that the Gaslighter was experiencing dire financial hardships, the City of
Campbell extended a grace period to you in which you could host both Live Entertainment
Concerts and Vaudeville Theatre while going through the permit process. One of the provisos
for this window of grace was that you would take responsibility to ensure that the on going
activities at the Gaslighter did not have a negative impact on the community and surrounding
businesses. You were even informed that the Police Department would be monitoring your
efforts in this area and your success or failure would be one of the factors weighed in the Police
Department's decision to recommend approval of a Live Entertainment Permit. Your directive
was to "remain under the radarscope "of the Police Department, by avoiding any nuisances to the
community.
A few blips on the radar screen did emerge, as in the incident on January 14, 2003, which
required a response to your business by the Police Department. A more significant issue,
however, is your failure to supply the Community Development Department with the material
required for them to complete their analysis. You were informed nearly two months ago by the
Planning Division in a letter dated December 19, 2002, that your application for the Conditional
Use Permit was incomplete.
The purpose. of the grace period that was extended to you by the City of Campbell was to allow
you to continue to meet your financial challenges while going through the permit process. The
70 North First Street. Campbell, California 95008.1436 . TEL 408.866,2140 . FAX 408,871.5140 . TDD 408.866.2790
400 E. Campbell A venue - F ef
'Y 14. 2002
purpose was not to have you indefinitely operate in a status quo situation, ignoring the need to
obtain the required pennits.
As such, and in accordance with CMC 5.24.010 you are required to cease the use of the
premises at 400 E. Campbell A venue for live entertainment concerts or any other use that
creates occupancy violations and/or public nuisance issues immediately.
The live entertainment concerts are not to occur until such time that you have obtained both a
Conditional Use Permit from the Community Development Department (planning Commission
approval required) and a Live Entertainment Permit from the Police Department (City Council
approval required).
It is important that you understand the bifurcation between Live Vaudeville Theatre and Live
Entertainment Concerts. Your premises is considered "legal non-conforming" for its use as a
Live Vaudeville Theatre. However, a Live Entertainment Permit is still required from the Police
Department. Your premises to date has not been approved for a Use Permit or a Live
Entertainment Permit for Live Concerts.
To streamline the process, and avoid having to provide you with two separate Live
Entertainment Permits, the Police Department will allow you to continue with Live Vaudeville
Theatre (considering the legal non-conforming status) and will issue you a single Live
Entertainment Permit covering both Live Concert Entertainment and Vaudeyille Theatre if and
when you have been granted a Conditional Use Permit to conduct live entertainment. If you
decide to abandon the concert use or it is denied by the Planning Commission, you will have 90
days in which to obtain a Live Entertainment Permit for the Vaudeville Theatre. Failure to
comply with this provision may result in legal action.
To simplify this: all live concerts are to cease and desist immediately and Vaudeville Theatre
may continue while you are actively pursuing the necessary approvals.
Failure to cease the use of your theatre for live entertainment concerts will result in the referral
of this matter to the City Attorney for review and possible legal actions including citations. In
that such events would be in violation of CMC 5.24.010 the Campbell Police may "shut down"
the event.
The City would like to continue to work with you to resolve these issues, but we cannot move
forward without a completed application. Please do not hesitate to contact Sharon Fierro at (408)
866-2141 if you have any questions regarding this matter.
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Chief of Police
Sharon Fierro
Community Development Director
Cc:
Bernard Strojny, City Manager
William Seligmann, City Attorney
Chris Veargason, Deputy Fire Marshall
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Community Development Department
February 11,2003
Mr, Mark Gaetano
Gaslighter Theatre
535 Calle Viento
Morgan Hill, CA 95037
Re:
File No.: PLN2002-142 400 E. Campbell Avenue
Dear Mr, Gaetano:
Thank you for your submittal on February 11, 2003 of a maximum occupancy summary as prepared by
Melanie Chase at the Santa Clara County Fire Department. Although this information is helpful, the City
of Campbell requires that the occupancy and exiting analysis be prepared by a licensed architect/engineer
for review a by the Building Official to make an occupancy determination.
The following additional information and details are needed in order to deem your application complete
and schedule it for Planning Commission:
1, Floor Plan - Please provide a scaled competent floor plan for both the first and
second floors of the structure delineating where the live entertainment takes place
and the square footage of and type of seating proposed in the audience areas, The
minimum plan size is 1,4 inch = I foot.
2, Occupancy - An area usage and occupancy calculation needs to be prepared by a
licensed architect/engineer. This analysis needs to also include an evaluation and
determination regarding the adequacy of the building exiting system.
It may be helpful for your architect/engineer to analyze the different live entertainment venues you
anticipated, Different seating arrangements will impact the occupancy determination.
Please submit ten sets of plans with the required information. If you have any questions about the
comments contained herein, please feel free to give me a call at (408) 866-2144 or via email at
timh@cityofcampbell.com.
S?f:~
Tim Haley
Associate Planner
cc:
GeoffBradley, Senior Planner
Bill Bruckart, Building Official
Chris Veargason, Deputy Fire Marshall II
J:\Completeness Leuers\PLN2002.142. 400 E. Campbell Ave(2).doc
70 North First Street. Campbell, California 95008.1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790
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400 E. Campbell Avenue, Campbell California 95008 (408) 866-1408
Maximum Public Occupancy
The Gaslighter Theater
400 East Campbell A yenue
Campbell, California 95008
Tim Haley, Campbell Planning Department,
Per our conversation last week, you requested a letter of explanation concerning the derivation of
our maximum public occupancy number. The maximum public occupancy for the Gaslighter
Theater is 265 people. This number was calculated by the Campbell Fire Department on January
16, 2003 by Melanie Chase DFM.
A copy of the report is enclosed.
Thank you,
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Community Development Department
December 19, 2002
Mr. Mark Gaeteno
Gaslighter Theatre
535 Calle Viento
Morgan Hill, CA 95037
Re:
Conditional Use Permit Application
File No.: PLN2002-142
400 E. Campbell A venue
Dear Mr. Gaetano:
Thank you for meeting with City Staff members yesterday regarding the occupancy limits of your theatre
in conjunction with your application for a Conditional Use Permit to allow live entertainment venues at
400 E. Campbell Avenue, The granting of a Conditional Use Permit will require approval by the Planning
Commission and will be decided upon at a public hearing.
Your application has been deemed incomplete. The following additional information and details are
needed in order to deem your application complete and schedule it for Planning Commission:
1, Floor Plan - Please provide a scaled competent floor plan for both the first and
second floors of the structure delineating where the live entertainment takes place
and the square footage of and type of seating proposed in the audience areas. The
minimum plan size recommend is 1;4 inch = 1 foot.
2. Occupancy - An area usage and occupancy calculation needs to be prepared by a
licensed architect,
Please submit ten sets of plans with the required information. If you have any questions about the
comments contained herein, please feel free to give me a call at (408) 866-2144 or via email at
timh@cityofcampbell.com.
Zlw---
Tim Haley
Associate Planner
cc:
Geoff Bradley, Senior Planner
Bill Bruckart, Building Official
Chris Veargason, Deputy Fire Marshall II
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70 North First Street' Campbell, California 95008. t 436 . TEL 408.866.2140 . FAX 408,871.5140 . TOD 408.866.2790
CAMPBELL
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CITY OF CAMPBELL
Community Development Department
November 13, 2002
Al Gaetano, Owner
Gaslighter Theatre
400 E. Campbell Avenue
Campbell, CA 95008
VIA CERTIFIED MAll..
Re: Intensification of Existing Non-Conforming Use- 400 E. Campbell A venue
Dear Mr. Gaetano:
Thank you for meeting with Kirk Heinrichs, Francine Principe, Sergeant Art Markham, Geoff Bradley,
Campbell City Attorney William Seligmann and me on Tuesday, October 22, 2002. The purpose of the
meeting was to advise you of the proper permits necessary to operate a live entertainment concert venue
and to alert you to police incidents and complaints the City has received about the recent operations of the
theatre. Your cooperation resulted in a meeting that was both infonnative and productive. I confinned
the following deadlines established at the meeting with you in our telephone conversation on October
29th:
There are three permits you must obtain from the City to operate a live entertainment venue from the
Gaslighter Theatre.
1. The first is a Live Entertainment Permit issued by the Police Department. This permit is processed
by the Police Department and must be approved by the City Council. You agreed to submit a
completed application and to pay the necessary fees to the Police Department by November 5th.
Sergeant Markham is the Police Department representative that will answer any questions you may
have regarding the Live Entertainment Permit.
2. You must also have a Conditional Use Permit to operate a theatre with live entertainment in the
downtown (C-3 Zoning District). This is a separate permit from the "Live Entertainment Permit"
processed by the Police Department.
You stated that you believe you have legal non-conforming status regarding the Conditional Use
Permit to stage concerts. You agreed to provide proof that the operation of the Theatre for concert
events predates the City's establishment of a Conditional Use Permit requirement in 1989. This
information should include the size of the audience at these events.
3. The City currently has a regulation that requires businesses operating between the hours of 11:00 p.m.
and 6:00 a.m. to obtain a Conditional Use Permit. Two years ago, the City enacted a modification
this regulation that provided a 24-month amortization period during which businesses that are legal
non-conforming could continue to operate between these hours. At the end of the 24-month period,
April 2003, all businesses will loose their legal non-conforming status and will be required to obtain a
Conditional Use Permit to operate between the hours of 11 p.m. and 6 a.m. You were advised that
70 North First Street, Campbell, California 95008.1436 . TIL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790
Gaslighter Theatre Permit
November 13, 2002
1uirements
Page 2
while you may wait until April 2003, if you need to obtain a Conditional Use Pennit for Live
Entertainment, it would cost less to you combine the two applications. If you wait until April, you
will need to file a separate application and application fee at that time.
Below are the deadlines you agreed to meet. Failure to comply with these will result in enforcement
action. If you need an extension for extenuating circumstances, please call me at (408) 866-2140 or
Sergeant Markham at (408) 866-2188 concerning the Live Entertainment Permit.
Immediate:
November 5:
November 12:
November 22:
DEADLINES
You agreed to take responsibility for the concerts and control their impacts on the
community. Past complaints about events at the theatre include vandalism, littering,
loitering, and threatening behavior of the patrons towards customers in the downtown.
Live Entertainment Permit issued by the Police Department:
Establishing Non-conforming status: According to City records, you do not have a
Conditional Use Permit but at our meeting you stated that you can establish legal non-
conforming status, Le. prove that you have operated large scale live entertainment
concert events continuously since before 1994.
Conditional Use Permit Application: If you are unable to establish legal non-
conforming status for the live entertainment, you must submit a Conditional Use Permit
application to allow live entertainment by November 22, 2002. Geoff Bradley, Senior
Planner, has provided you with the necessary forms and information. This Use Permit
application may be combined with the Conditional Use Permit to allow operational
hours between the hours of 11 p.m. and 6 a.m.
Conditions of Approval for each of these applications will be recommended by staff to eliminate the
disturbances and complaints associated with Gaslighter events in the recent past. I encourage you to ask
Sergeant Markham and myself questions about these conditions before the hearing dates.
Thank you for your cooperation in this matter. Please do not hesitate to contact me if you have any
questions.
Sincerely,
-~~
Sharon Fierro
Community Development Director
Kirk Heinrichs, Redevelopment Manager
Francine Principe, Redevelopment Coordinator
GeoffI. Bradley, Senior Planner
Sergeant Art Markham, Campbell Police Department
William Seligmann, City Attorney
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