MM 86-03CITY OF CAMPBELL 2097 S. BASCOM AVE. MM 86-03 1 of 2
%gr B. Bascom AIW
Pru1 l
APPLICANT: Paul Namkoong 1
2097 S. Bascom
Campbell, CA
95008
377-3104
OWNER: Biagio Passaro
4431 Cherry Ave.
San Jose CA 95118
v 723-370
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pLANNIM COMMISLION MINUTES OF NOVFMBER 14, 1989
PAGE 1 OF 2
13. DP 89-24 Public Hearing to consider the a,iplication of Mr.
Mamkoong, P. Paul Namkoong for approval f a Ilse Permit: to allow
an on -sale beer and wine license, in conjunction
with a 3450 square foot billiard parlor, on
property known as 2097 South Bascom Ave. e, in an
C-2-S (General Commercial) 7.ontng District.
Ch drperson Olszewski. read the Application into the record.
Planner I Gloria Sclara reviewed the following concerns, outlined in the Staff
Report, dated November 14, 1989, relating to the proximity of the proposal to
residential areas:
- The Billiard Hall Ordinance, Section i.28.010 and 5.28.040, which
prohibits minors from entering a_i establishment which serves alcohol
and contains billiards.
- Hours of operation to be limited to an earlier closing time, due to
Its relative isolation from other nighttime entertainment facilities,
and its lack of private security.
- Police Department's request to restrict haurs in which alcohol sales
could take place.
The Public Hearing on UP 89-24 was opened.
Mr. Paul Mamkoong indicated that he does wish to serve beer and wine, but does
not want to restrict minors from the establishment, further, he expressed the
following concerns:
- That restricted hours of operation (12 p.m., until 11:00 p.m.) were
financially detrimental to his business.
- Restricted hours would be difficult to enforce.
- Other cities allowed billiard parlors to serve beer ind wine, withou,
restrictions.
- Questioned the Billiard Parlor Ordinance
Discussion between Cnmmissioners ensued relating to the antiquity of this
particular ordinance and the need for interpretation of Billiard Parlor
Ordinance.
Commissioner Perrine suggested that the City Attorney review the ordinance and
render an opinion, at the next regular Commission meeting, and suggested that
this matter be continued until that time.
Chairperson Olszewski questioned the fairness of the ordinance, since he sees
no difference between a Pizr.a establishment that serves beer and wine or a
bowling alley that serves beer and wine.
Commissioner Alm concurred with Commissioner Perrine's suggestion to delay
action to provide the City Attorney with sufficient time to review the
ordinance.
Commissioner Wilkinson stated that he concurred with the analogy regarding Uie
bowling alley and would like the ordinance reviewed by the City Attorney.
--i--.----- _. - . --
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PLANNING COMKISSION MDRnTS OF NOVEMBER 14, 1989
PACK 2 OF 2
Commissioner Christ stated that the intent of the ordinance is clear, that the
City Cmmcihmembers who wrote the ordinance believed that minors should not be
allowed in billiard parlors that serve alcohol, and stated that he sees no
value in directing the City Attorney to review the ordinance.
M/S: rerrine, Alne Motion to continue UP 89-24 to the Planning
Commission meeting of November 29, 1989, carried on
the following roll call vote:
AYES: Commissioners: Meyer, Perrin, Alne, Wilkinson, Olszewski
NOBS: Commissioners: Christ
ABSEWr: Commissioners: Fox
ft f •
REC(kOMMED FINDINGS - UP 89-24
SITE ADDRESS: 2097 S. BASCON AVENUE
APPLICANT: NAHKOONG, P.
PC MPG: 11-14-89
Use Permits
1. Health/Safety: The i,stablishment. maintenance or operation of the use
applied for will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the
neighbcrho i of such lroposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
the City if the hours of operation are restricted to 11:00 p.m. closing.
2. Traffic: he proposed site is adequately served by streets of sufficient
r iprc£ty to carry the kind and quantity of traffic such use would generate.
3. Compatibility: :'he proposed use is generally compatible with the uses in
the area, excluding the residential property abutting the use.
CONDITIONS OF APPROVAL FOR UP 89-24
SITE ADDRESS: 2097 S. BASCON AVENUE
APPLICANT: NAl9(OONG, P.
PC MTG: 11-14-89 `
1. Hours of opa =1imitadtoD
.m daily.
2. Alcohol s as l 0 p.m., daily.
ITEM NO
FINDINGS FOR DENIAL
FILE NO. UP 89-24
APPLICANT: PAUL N&MKOONG
SITE ADDRESS: 2097 S. Bascom
Use Permits
1. Health/Safety: The establishment, maintenance or operation of the use
applied for may not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the
neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare
the Cit,.
2. Compa[ib'_lity_ The proposed use is not compatible with the uses in the
area.
3. Compatibility: The use is not essential or desirable to the public
convenience or welfare, and is in harmony with the various elements or
objectives of the City's General Plan.
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ITEM !
STAFF REPORT - PLANNING COMMISSION MEETING OF NOVEMBER
UP 89-24 Public Hearing to consider the application of Mr.
Namknong, P. Paul Namkoong for approval of a Use Permit to allow ar.
on -sale beer and wine license, in conjunction with a
3450 square foot billiard parlor, on property known as
2097 South Bascom Avenue, in an C-2-S (General
Commercia') Zoning District.
Staff Recommendation: That the Planning Commission ADOPT a RESOLUTION,
Incorporating the attached fi,:dings, APPROVING the request for an on -sale
beer and wine license in conjunction with an existing billiard parlor subject
to the attached conditions.
DISCUSSION
Background: The application was originally heard at the November 14, 1989.
Planning Commission meeting. The Planning Commission requested information
relating to legal interpretation of the Billiard Parlor Ordinance and the
application of similar ordinances of nearby cities. Therefore, the item was
continued to this meeting date to allow time to provide the additional
inforation.
Billiard Parlors/Other Cities: In reference to discussion at the Planning
Commission meeting rogarding billiard parlors, liquor licenses, and minors at
such establishments, staff has ascertained the following information:
City of Milpitas: In a comparable C-2 Zoning District, a billiard parlor is
permitted with a Use Permit. An additional Use Permit for beer and wine is
required. The ordinance does not exclude site!, an establishment from
seriing beer and wire, or admitting minors, or any combination thereof.
Rationale: State _aw prohilits sales of alcoholic beverages to minors
(under 21 yearn of age). The Milpitas Billiard Parlor Ordinance classifies
such establishments as 'Family Billiard Parlors, permitting minors to enter
the establishment.
City of San Jose: A billiard parlor is per,4 tied in a C-2 Zoafng District
with a Use Permit - subject to Police Deoartment. review (Special Permits
Unit). The Police Department mates recommendations for each permit on a
case by case basis. Existing billiard parlors which do not serve alcoholic
beverages may admit minors (under 16 years of age) up to 10 p.m., without
supervision, and after 10 p.m. if accompanied by a parent of guardian. If
a new applicatior was forthcoming, the Planning and Police De;,artments
would prohibit minors (under 21 years of age) from entering airy billiard
parlor. Liquor, beer and wine licenses require an addition Use Permit.
The Police Department no longer approves beer and wine licenses in
conjunctions with billiard parlors.
In the past two years no new applications for billiard parlors have been
received, due the lim'tation in obtaining a liquor license.
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STAY? REPORT: UP 89-24 -2- November 27, 1989
APPLICANT: Nami.o�no. Paul
SITE ADDRESS: 2097 S. Basc>m
Rationale: San. Jose Police have had numerous enforcement problems in
the past associated with pool. halls and billiard parlors; requiring
extensive police surveillance. Therefore, the use must be strictly
regulated.
Exception: California Billiards - Grandfa'_hered in - to serve beer
and sine and also permits minors. Hours 11:00 a.m. to 2:00 a.m.
Weekends 11:00 a.m. to 4:00 a.m. Children 12 and over can enter at
all times of the day and night. Under 12 if accompanied by an adult.
Interpretation of Billiard Parlor Ordinance: Attached is the City Attorney's
review of the Billiard Parlor Ordinance. He concludes that the ordinance
is percise in its intent and does not allow for modification of the
sections that exclude minors from frequenting pool halls, etc., which serve
any type of alcoholic beverages.
staff: The Police Department does not support any extended hours of
operation (until 2 a.m.) nor admittance of minors. They further state that
alcohol sales should be restricted to the hours of 8:00 p.m. to 11:00 p.m.
for the following reasons:
1. Potential for alcohol related incidents requiring police activity;
2. Potential for crime related activity to be generated from or attracted
to the sire.
3. Chief of Police has taken it stance on regulating alcohol related
establishments in an effort to prevent reoccurences of polico
enforcement activity associated with establishments that serve
alcoholic beverages.
Planning is supportive of the requtc.t for a beer and wine license if the hours
of operat'un are restricted to 12 noon until 11:00 p.m. Restricted operating
hours will help to minimize off -site impacts on the adjacent residential areas.
a a �
Attachments
1) City Attorney's statement
2) Staff Report of November 14, 1989
3) November 14, 1989 - Planning Commission Minutes
Submitted by: I�Y
Gloria
Sciara, Planner I
Approved by: �tC`Kncek-t
Steve ?tasec,, i, Planning Director
M E M O R A N D U M
TO: Planning Commission
F12OM: William Seligmann, City Attorney
RE: Billiard Parlor Regulations
BACKGROUND
Paul Namkoog operates a billiard parlor with fourteen
(14) tables and some food service. Mr. Namkoog has applied for a
use permit to serve beer and wine on the premises.
ISSUES
1. Can persons under twenty - one (21) be present in a
billiard parlor where alcoholic beverages may be served?
2. Can a billiard parlor with more than one (1) table
serve alcoholic beverages?
A. Presence of Minors
Pool and Billiard Halls are regulated under Chapter
5.28 of the Campbell Municipal Code. This Chapter contains two
sections which .regulate the presence of persons under twenty-one
(21) years of age in establishments serving alcohol.
Section 5.26.010, for instance, provides, "No person
under the age of twenty-one years shall be permitted to play
pool or billiards in a tavern or bar, or in establishments where
alcoholic beverages are sold." (E�jhasis added). Simi:arly,
Section 5.28.040 (c) provides:
iC) No alcoholic beverages, or vinous or
maltose beverages shall be sold, served or
distributed in any billiard hall or poolroom
where minors under the age o' twenty-one
years are permitted to enter, whetter with or
without parent's or guardian's consent.
Under the foregoing provisions, the presence of persons
under twenty-one (21) is prohibited in any billiard hall "where"
alcoholic beverages are served. From the clear language of the
ordinance, this prohibition applies whether or nor the billiard
hall is considered a bar or tavern.
Furthermore, this prohibition seems to apply regardless
of whether alcoholic beverages are actually being served during
the minor's presence. Although a contrary interpretation is not
impossible, the normal rules of statutory construction require
that the legislative intent should be gleamed from the language
of the ordinance, giving effect to every word and phrase. In
this regard, "an intent that finds no expression in the words of
the statute cannot he found to exist" (HHennni a_n vs. United
Pacific Insurance Company (1975) 53 Cal. App. 3d i, 7;
Teachers Retirement Board (1980) 130 Cal. App. 3d 942, 9-2also
see Anderson vs. I.M. Jameson Corporation (1936) 7 Cal. 2d 60,
67-68).
:'n the present matter, the City Council has elected to
use the word "where" to describe the extent of the prohibition.
Nowhere in the applicable ordinances do they discuss "when" the
alcoholic beverages are sold. As a consequence, the most
plausible interpretation of Chapter 5.28 is that persons under
twenty-one are prohibited from entering a billiard hall licensed
to serve alcoholic beverages, even if alcohol is not being
served during t'.ieir presence.
B. Number of Billiard Tables
Section 5.28.010 also provides that "no pool table or
billiard table . shall be placed in any tavern or bar as
such taverns and bars are commonly known." Therefore, if the
service of alcoholic beverages makes the billiard hall into a bar
or tavern, then it would be limited to one (1) table.
Wabsters Ninth New Collegiate Dictionary (1983) and
Websters Third International Dictionary Unabridged (1966) both
define the terms "ba:" and "tavern" substantially as follows:
Bar: a counter at which food or especially
alcoholic beverages are served; . a
room or public establishment containing such
a counter.
Tavern: la: a shop for selling and drinking wine.
b: an establishment where alcoholic liquors
are sold to be drunk on the premises.
If theses definitions were applied to the above -quoted portion of
Section 5.28.010 without considering anything else, it would be
clear that a billiard hall that serves alcoholic beverages would
be at least a "tavern", and thus restricted to one table.
However, when the provisions of Section 5.28.010 are
viewed as a whole, it appears that the Council recognized a
distinction betwee„ taverns and billiard halls that incidentally
serve alcohol. Otherwise, the provision prohibiting the presence
of minors in a "tavern or bar, or in establishments where
alcoholic beverages are sold" would be redundant.
As a result of the foregoing analysis, it appears "hat
a billiard hall does not automat"cally become a "tavern" when it
serves alcoholic beverages. Unfortunately, though, the
ordinance does not clearly delineate this distinction. In the
absence of clear guidance from the ordinance, the most logical
interpretation would be that a billiard hall is not considered a
tavern, so long as the beverages are provided solely as a service
to the billiard players. If, however, service was available to
non -players, it would be considered a tavern.
COWCLUSION
1. No one under twenty-one (21) years of age is
permitted in a billiard hall which serves alcoholic beverages,
regardless of whether or not such beverages are being served
when the minor is present.
2. A billiard hall with more than one table may
probably serve alcoholic beverages, so long as the service is
limited to the billiard pryers.
If the City feels that the foregoing interpretations
are inappropriate, it would be advisable to amended the ordinance
accor:ingiv.
ITEM NO. 13
STAFF REPORT - PLANNING COMMISSION OF NOVEMBER 14, 1989
UP 89-1.4 Public Hearing to consider the application of Mr.
Namkoong, 1'. Paul Namkoong for approval of a Use Fermi< to allow
an on -sale beer and wine liquor license, it,
conjunction with a 3450 square foot billiard parlor,
on property known aF 2097 South Bascom Avenue, in an
C-2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission ADOPT a RR.SOLUTION, incorporating the
attached findings, APPROVING the request for an on -sale beer and wine
license conjunction with an existing billiard parlor subject to the
attached conditions.
DISCUSSION
Request: The applicant is requesting approval of a Use Permit to allow on
sale beer and wine sales in conjunction with an existing 3450 square foot
billiard parlor operation due to request by the patrons and for future
special events.
Background: In 1985, the Planning Commission granted approval of a Use
Permit to allow 1500 square foot, 6 table billiard parlor at the above
referenced property. In 1986, a modification to the Use Permit was
approved to extend hours of closing from 12.00 p.n. to 2:00 a.m. The
Planning Co=.ission subsequently approved a modification to the Use Permit
(89-05) to allow expansion of the billiard parlor to 3450 square feet
providing 14 tables and some food servi=e.
The applicants indicated in this application that no alccholic beverages
were to be served. Bence, this was made condition of approval for each
application.
Location: The billiard parlor occupies 3450 square fee, of an existing
retail building and is situated mid -block between Campbell Avenue and
Apricot Avenue on Bascom Avnnue.
Surrounding Uses: Uses surrounding the project site include the following:
North: Commercial
East: Commercial
South: Commercial
West: ResidenLial
Similar Uses in the Areas: An aerial map is attached which illustrates the
.Surrounding uses, which serve alcohol: (1) Denny's; and (2) Stuft Pizza.
'•,''�a..t�..,............,.+avrtin.'w*ane,!yuMniA.:.r.,,�_ �...�
STAFF REPORT: up 89-24 -2- November 14, 1989
APPLICANT: Namkoong, Paul
SITE ADDRESS: 2097 S. Bascom
PC MTG: 11/14/89
?olice Department: The request was sent to the department for review and
recommendation. The proposal can be supported provided that:
1.) No one under the age of 2. is permitted. (As per Section 5.28.010
and Section 5.28.040(C)).
2) Hours of operation for alcohol restricted to 8:00 p.m. to 12:00
p.m.
Issuas: A number of complaints have been received from the abutting
residential property owners and tenants regarding the amount of noise and
actitity level generated from the billiard parlor especially during and
after closing time of 2:00 a.m.
Due t3 the proximity of the residential property to the billiard parlor and
with --he addition of beer and wine sales, staff further acknowledges the
necessity to restrict hours of operation to 11:00 p.m. due to the relative
isola':ion or remoteness of the business, in comparison to a high activity
level area such as the Prunevard where private security is able to monitor
late night activity.
Billirrd Hall Ordinance: Section 5.28.01C, and 5.28.040 specifically state
that efnors (persons under 21 of age) are prohibited from entering any
establishment which serves alcohol and contains billiards. A copy of the
ordirance is attached.
Applicant's Statement: The applicant has indicated in the attac',ied letter,
that he wishes to serve beer and wine but does not want to restrict minors
frog frequenting the parlor. He he- developed a series of possible
solutions to maintain patronage ut ...inors and serve bee': and wine.
Howaver, the Zoning 0rrdinance does not allow interpretation of the statute.
Criteria Checklist: Staff has attached a checklist of criteria used in
determining a recommendation for this request.
a � �
Attachment
1) Findings
2) Criteria Checklist
3) Aerial Map
4) Location Map
5) Billiard Ordina:ce
6) Applicant's Statement
7) Letters of Opposition
Submitted by: C 2w'
Glo a Sciara nner I
i
Approved by:
Steve Piasecki, Planing Director
RECOMMENDED FINDINGS - UP 89-24
SITE ADDRESS: 2097 S. BASCOM AVENUE
APPLICANT: NAHKOONG, P.
PC MTG: 11-11-89
Use Permits
1. Health/Safety: The establishment, me'.ntenance or operation of the use
applied for will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the
neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
thr City if the hours of operatior. are restricted to 11:00 p.m. closing.
2. Trasfi�: The proposed site is adequatnly served by streets of sufficient
capacity to carry the kind and quantity of traffic such use would generate.
3. Compatibility: The proposed use is generally compatible with the uses in
the area, excluding the residential property abutting the use.
CONDITIONS OF APPROVAL FOR UP 89-24
SITE ADDRESS: 2097 S. BASCOM AVENUE
APPLICANT: NAMKOONG, P.
PC MTG: 11-14-89
1. Hours of operation be limited to 12:00 p.m. to 11:00 p.m., daily.
2. Alcohol sal,s limited to the hours of 8:00 p.m. to 11:00 p.m., daily.
CRITERIA CHECKLIST - UP 89-24
APPLICANT: NAMKOONG, P.
PC NTG: 11-14-89
1) Consistency - The billiard parlor is located in C-2-S (General Commercial)
Zoning District. The proposed use is consistent with the Zoning and
General Plan.
2) Compatibility - The business is appropriate for the zoning district in
which it is located, however the proximity to the -esidential zoning
district requires modification of business hours.
3) flours of Operation - 12:00 p.m. to 11:00 p.m.; beer and wine sales from
8.00 p.m. to 11.00 p.m. (daily) as specified by the Planning and Police
Departments.
4) Size - 3,L'O square feet of floor area, 14 billiard tables.
5) Seating - N/A
6) Parking No increase in intensity, or expansion of the use, therefore no
additional parking is required.
5.28.010 0
Chapter 5.28
POOL, BILLIARD HALLS AND .MECHANICAL
AMUSEMENT DEVICES
Sections:
5.28.010 Billiard and pool tables in taverns and
pool?ooms.
5.28.020 Pool and billiard rooms --Police inspection.
5.28.030 Locking or barricading doors.
5.28.040 Gambling, card tables, games and liquor.
5.28.050 Duties of proprietor.
5.28.060 Minors.
5.28.090 Revocation of permit.
,5.28.010 Billiard and ool tables in taverns and ool-
rooms. a Unt a perm t as first been o tame t ere or
the city council upon written appli::ation approved by the
chief of police, the chief of the fire eepartment, and the zon-
ing officer as herein provided. no pool table or billiard table,
coin -operated or otherwise, shall be placed in any tavern or
bar as such taverns and bars are commio:ily known, and no permit
shall be issued for more than one such. pool or 'billiard table
in any one bar or tavern. No person under the age of twenty-one
years shall be permitted to play pool or billiards in a tavern
or bar, or in establishments where alcoholic beverages are sold.
(b) The annual license fee for such pool table or
billiard table shall be fifty-five dollars per year, notwith-
standing any other fee provided for in this chapter.
(c) The pool or billiard table shall be provided with
suitable covers when not in use.
(Campbell 7/07) 84-2
28.020--5.28.050
(d) The permitting of gaming in bars and taverns possess-
ing such pool or bil'_'az•7 table will subject the owners of the
bar, their servants, agents and employees to prosecution for
a misdemeanor, and upon conviction shall be subject to such
fine and imprisonment as provided in this municipal code.
(e) Any permit issued shall also be subject to the pro-
visions of Sections 5.28.020 through 5.28.090. (Ord. 829
(part), 1972: Prior code 56300(a)).
5.28.020 Pool and billiard rooms --Police inspection.
Any pool room or billiard hall and any room adjacent to the
same under the same manac)ement o: control shall be subject
at all times to police inspection and supervision fer the
purpose of ascertaining if the provisions of this chapter
are being observed,and no personnel shall hinder, obstruct
or delay any police officer from entering any such place.
(Prior code 56400).
5.28.030 Lockin or barricadin doors. No person
shall eep any oor or entrance to any poolroom or billiard
hall locked, barred or barricaded in such manner as to make
it difficult of access or ingress to police officers while
two or more persons are present in such room, and no per-
son shall visit or resort to uny such locked, barred or bar-
ricaded room or place protected in any such manner to make
it difficult of access or irgress to police officers when
two or more persons are present. (Prior code 56400.1).
;c5.28.040 Gamblin card tables, ames and li uor.
a No person s al permit ga ing o any kin or
description or playing any games whatsoever for money or any-
thing of value within any poolroom or billiard hall.
(b) No card tables shall be kept, or any card games
played or allowed in any billiard hall or poolroom.
(c) No alcoholic beverages, or vinous or maltose bev-
erages shall be sold, served or d:3tributed in any billiard
hall or poolroom where :ninors under the age of twenty-one
years are permitted to enter, whether with or without parent's
or guardian's consent.
(d) Every billiard hall or poolroom shall be closed
between the hours of two a.m. and six a.m. of each day.
(Prior code 56400.2).
5.28.050 Duties of ro r' tor_. It shall be the duty of
the propr etot cr manager or eac billiard hall or poolroom
to maintain a notice at the front entrance thereof to the
effect that persons under the age of fourteen years are pro-
hibited from entering the same unless accompanied by a parent
or 1e3al guardian. Between the ages of fourteen years and
seventeen years, the person must have in his or her posses-
sion, written consent given by his or her parent or legal
guardian that said minor may enter and use the pool and
95 (Campbell 9/88)
n
5.28.060--5.28.u10
billiard hall facilities. Such consent shall be maintained
as a permanent record by the owner, proprietor, or manager of
such pool or billiard room and shall be made immediately
available for inspection by the police department and other
law enforcement agencies. It shall be the duty of such
owner, proprietor or manager to refuse admittance to any
minor under fourteen years of age, if not accompanied by
parent or guardian. (Ord. 829 (part), 1972: prior code
56400.3).
5.28.060 Minors. No person shall permit any person
under the age o eighteen years to enter any billiard hall
or poolroom, except as provided for in Section 5.28.050.
(Ord. 829 (part), 1972: Prior code 56400.4).
5.28090 Revocaticn of permit. T`c violation of any
of the foregoing provisions, or the violation or any law or
ordinance, punishable by fine or imprisonment, by the owners,
t,roprietors or managers of such pool and billiard hall; or
the permitting of boisterous, rowdy and indecent conduct on
the premises, including the use of profanity, indecent and
obscene language will subject any permit issued for such
premises to be summarily revoked by the city council.
(Prior code 56404).
Chapter 5.29
BINGO
Sections:
5.29.010 Authority.
5.29.020 Definition.
5.29.030 Organizations permitted to conduct bingo games.
5.29.040 Minors.
5.29.050 Open to the pu_'-"..
5.29.060 Staffing and operation.
5.29.070 No profit, wage or salary.
5.29.080 Where bingo may be conducted.
5.29.090 Bingo equipment.
5.29.100 Financial interest.
5.29.110 Separate fund.
5.29.120 Records.
5.29.130 Total value of prizes.
5.29.140 2hysical presence at bingo game required.
5.29.150 Hours of operation.
5.29.170 Authority to inspect premises and records.
(campbell 9/88) 86
1�1
Campbell
BILLIARDS
2097 South Bascom Avenue
Campbell, CA 9-RM
408-377J704
Date: October 6, 1989
To: City of Campbell Planning Department
From: Paul Y. Namkoong, Owner, aunpbell Billiards
Re: REQUEST TO MODIF" RESOLUTION NO. 2605
PERTAINING TO UP 85-03/M 89-05
One of the conditions that I am operating under restricts the sale of alcoholic
beverages on the premises.
I am requesting reconsideration of this condition for the following reac.ons:
1. Many customers have requested beer or wine and will frequent my establish-
ment if it we.^e available. They now continue to frequent California Billiards
and Milpitas Family Billiards because of this. They would rather stay in
the Campbell area where they reside.
2. I have had several regiests for company and fraternal organizations for
tournament play but because beer and wine are not available, they have gone
elsewhere. I still have two tournaments pending dependent upon my ability
to sell beer and wine.
I have an adequate menu, so food is always available and next door to me
is a restaurant with a more diversified menu.
4. So far my clientele is well behaved with an average age ranging fran 19 to
50 years old. We do enforce a dress code and have not had any problems
that I'm aware of.
5. My experience in managing a facility that serves alcoholic beverages comes
from managing night clubs and bars throughout the last 24 years in the
hotel industry.
Section 5.28.O10a states that "no person under the age of twenty-one years shall
be permitted to play pool or billiares in a tavern or bar or in establishments
where alcoholic beverages ara sold.`
If I were granted permission to sell beer and wine and were following Section 5.28.010
of the Municipal Code, I would lose approximately 18% of my existing clients. Other
billiard roams in Santa Clara County, including California Billiards, Milpitas
Family Billiards, Saratoga Lanes, and 4th Street Bowl, permit minors in their
establishments even though alcoholic beverages are sold on their premises.
Campbell Plann.ng Dept - 2 October 6, 1;.89
Therefore, I am asKing for your thoughtful consideration to one of the following
alternatives:
1 Minors be allowed on premises and that the burden of compliance of the
liquor laws falls on the operator of the billiard room; or,
ors be allowed until 6 p.m. and that beer and wine can only be sold subse-
t to 6 p.m, of each day; or,
3. Minors be allowed access but that any "pool table" that contains one minor not
be allowed to purchase beer and wine even though the other player or players
are 21 years old; or,
4. A section of the billiard room be designated for minors and groups mixed with
minors and that no beer and wine be sold in that r-,a; or,
my combination of the above; or,
A trial period of any one cr any combination of the above; or,
7. Strict compliance with 5.28.010.
Your consideration of the above will assist me in being competitive in the area.
I am at a disadvantage at the moment.
Thank you for your consideration.
Res lly submitted,
Paul Y. Namkoong, 0�er
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2. UP 89-24 Continued Public Hearing to consider the
Namkoong, P. the application of Mr. Panl Namkoong for approval
of a Use Permit to allow an on -sale beer and vine
license, in conjunction with a 3450 square foot
billiard parlor, on property known as 2097 South
Bascom Avenue, in an C-2-S (General Commercial)
Zoning District.
Chairperson Olssewski read the Application into the record.
Director Piasecki reviewed the Staff Report, dated November 28, 1989, noting
that the City Attorney has provided the Staff with the Ordinance
interpretation, which excludes minors from frequenting pool halls, etc., which
serve any typo of alcoholic beverage. Further, Mr. Piasecki noted that
approval could be granted, but that Staff is requesting restriction of hours of
operation.
In response to a question from Commissioner Meyer, Mr. Piasecki stated that the
Police Department has suggested that the hours of operation for alcohol sales
be limited from 8:00 p.m. to 12 midnight and that minors would not be allowed
to frequent the parlor at any time.
Discussion ensued between Staff and Commissioner Alne regarding the Applicant's
desire to serve alcohol, if minors were not allowed; and, Staff advised the
Applicant of the right to appeal.
Chairperson Olssowxki noted that if this request to serve alcohol were
approved, then minors would not be allowed on the premises. Staff clarified
that the Commission could approve the requested use and that the Applicant
would have one year to activate that use.
Commission W •:tes - 3 - November 28, 1989
Chairperson Olszevski opened the Public Hearing on UP 89-24.
Paul Nantoong, Applicant, addressed the Commission explaining the difficulty
that restricted hours of operation would cause his business, and the difficulty
in explaining limited alcohol sales to his patrons. He indicated that he would
not activate a use that was granted with these terms.
Further, Mr. Namkoong requested that his operation be allowed to stay open from
12 noon to 12 midnight, and that he be allowed to sell alcohol during those
hours.
Commissioner Alne and Director Piasecki discussed the Police Department's
suggestion to have the operation closed at 11:00 p.m., and initiation of City
policy. Mr. Piaseckl listed staff concerns, as follows:
- adjacent residential areas
- the applicant provides no security measures
-' Police requests
Commissioner Christ sug3ested that perhaps the. City Council should look into
allowing alcohol served in billiard parlors %it, rearranged seating, but that
his concern was based upon the sale of alcohol in residential areas.
Commissioners Christ and Perrine indicated tbst they would support providing
the applicant with a Use Permit allowing the operation and sale of alcoholic
beverages from 11:00 a.m. to 11:00 p.m., bu' not beyond that time.
Commissioner Meyer expressed that she would have a problem with issuing a Use
Permit and then requiring the applicant to cut '3ack his hours of operation.
Chairperson Olszevski would support the Use Permit if the hours of operation
coincide with hours of alcohol service and requested that Mr. Namkoong state
his request after having received input from the Commission.
Mr. Namkoong stated that he vould like to remain open until 2:00 a.m., and
that the he would like to have the Use Permit to sell alcohol until 12
midnight.
M/S: Fc,x, Christ Motion to clo-,e the Public Hearing unanimously
carried 6-0-1, Commissioner Wilkinson being absent.
M/S: Christ, Perrino Motion to adopt Resolution No. 2643 approving UP
89-24, incorporating amen,led Conditions of Approval
to limit hours of operation from 11:00 a.m. to
11:00 p.m. and allow the sale of alcohol during the
hours of operation.
Commissioner Alne indicated that he sees no sense in limiting Mr. Namkoung's
most productive business hours since, if this motion passes, he will not
activate the permit anyway.
Motion carried 4-2-1. with the following roll call vote:
AT=: Commissioners: Christ, Fox, Perrino, Olszevski
MOt4s Commissioners: Meyer, Alne
ABSXW: C modesioners: Wilkinson
RESOLUTION N0. 2643 to
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PERMIT
ALLOWING THE AN ON -SALE BEER AND WINE LICENSE, IN
CONJUNCTION WITH A BILLIARD PARLOR, ON PROPERTY
KNOWN AS 2097 SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. (APPLICATION OF
MR. PAUL NAMKOONG, UP R9-24).
After notification and public hearing as specified by law on the application of
Mr. Paul Namkoong for a Use Permit and approval of an on -sale beer and wine
license, in conjunction with a billiard parlor, on property known as 2097 South
Bascom Avenue, in a C-2-S (General Commercial) Zoning District, as per the
application filed in the Planning Department on October 12, 1989,; and, after
presentation by the Planning Director, proponents and opponents, the hearing
was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows:
1. Health/Safety: The establishment, maintenance or operation of the use
applied for vi11 not be detrimental to the health, safety, peace, morals,
comfort or general velfare 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 if the hours of operation are restricted to 11:00 p.m. closing.
2. Traffic: The proposed site is adequately served by streets of sufficient
capacity to carry the kind a-d quantity of traffic such use would generate.
3. The proposes use is generally compatible with the uses in
the area, excluding the residential property abutting the use.
Based on the above findings, the Planning Commission does hereby grant the
requested Use Permit, subject to the following conditions:
1. Hours of operation be limited from 11:00 a.m. to 11:00 p.m., daily.
2. Alcohol sales limited to the hours of operation.
The applicant is notified as part of this application that he/she is required
to comply with all applicable Codes and/or Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 28th day of November 1989, by the following roll call
vote:
AYES: Commissioners: Christ, Fox, Perrine, Olszevski
NOES: Commissioners: Meyer, Alne
ABSENT: Commissioners: Wilkinson
APPROVED: Bruce J. Olszevski
Chairman
ATTEST: Steve Piasecki
Secretary
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF NOVEMBER 23, 1989
UP 89-24 Public Hearing to consider the application of Mr. I
Namkoong, P. Paul Namkoong for approval of a Use Permit to allow an
en -sale beer and wine license, in conjunction with a
3450 square foot billiard parlor, on property known as
2097 South Bascom Avenue, in an C-2-S (General I
Commercial) Zoning Distrf lj t rG ,i✓�
Staff Recommendation: That the Planning Commission ADOPT a RESOLUTION.
incorporating the attached finding's, APPROVING the request for an on -sale
beer and wine license in conjunction with an existing billiard parlor subject
to the attached conditions.
DISCUSSION o ti 1X — . 410
Background: The application was originally heard at the November 14, 1989,
Planning Commission meeting. The Planning Commission requested information Q A�
relating to legal inter-tation of the Billiard Parlor Ordinance and the
application 9fsimilar ordinances of nearby cities. Therefore, the item was (,Y
continued t this seating date to allow time to provide the additional
information.
" u
Billiard Parlors/Other Cities: In reference to discussion at the Planning
Commission meeting regarding billiard parlors, liquor licenses, and minors at
such establishments, staff has ascertained the following information:
City of Milpitas: In a comparable C-2 Zoning District, a billiard parlor is
permitted with a Use Permit. An additional Use Permit for beer and vine is
required. The ordinance does not exclude such an establishment from
serving beer and vine, or admitting minors, or any combination thereof.
Rationale: State law prohibits sales of alcoholic beverages to minors
under 21 years of age). The Milpitas Billiard Parlor Ordinance classifies
such establishments as Family Billiard Parlors, permitting minors to enter
the establishment.
City of San Jose: A billiard parlor is permitted in a C-2 Zoning District
with a Use Permit - subject to Police Department review (Special Permits
Unit). The Police Department makes recommendations for each permit on a
case by case basis. Existing billiard parlors which do not serve alcoholic
beverages may admit minors (under 16 years of age) up to 10 p.m., without
supervision, and after 10 p.m. if accompanied by a parent of guardian. If
a now application was forthcoming, the Planning and Police Departments
would prohibit minors (under 21 years of age) from entering any billiard
parlor. Liquor, bear and vine licenses require an addition Use Permit.
The Police Department no longer approves beer and vine licenses in
conjunctions with billiard parlors.
In the past two years no now applications fo-- billiard parlors have been
received, due the limitation on obtaining ■ liquor license.
STAFF REPORT: UP 89-24 -2- November 27, 1989
APPLICANT: Namkoong, Paul
SITE ADDRESS: 2097 S. Bascom
Rationale: San Jose Police have had numerous enforcement problems in
the ;.rat associated with pool halls and billiard parlors, requiring
extensive police surveillance. Therefore, the use must be strictly
regulated.
Exception: California Billiards - Grandfathered in - tc serve beer
and vine and also permits minors. Hours 11:00 a.m. to 2:00 a.m.
Weekends 11:00 a.m. to 4:00 a.m. Children 12 and over can enter at
all times of the day and night. Under 12 if accompanied by an adult.
Interpretation of Billiard Parlor Ordinance: Attached is the City Attorney's
review of the Billiard Parlor Ordinance. He concludes that the ordinance
is percise in its intent and does not allow for modifics-ion of the
sections that exclude minors from frequenting pool halls, etc., which serve
any type of alcoholic beverages.
Staff: The Police Department does not support any extended hours of
operation (until 2 a.m.) nor admittance of minors. They further state that
alcohol sales should be restricted to the hours of 8:00 p.m. to 11:00 p.m.
for the following reasons:
1. Potential for alcohol related incidents requiring police activity;
2. Potential for crime related activity to be generated from or attracted
to the site.
3. Chief of Police has taken a stance on regulating alcohol related
establishments in an effort to prevent reoccurences of police
enforcement activity associated with establishments that serve
alcoholic beverages.
Planning is supportive of the request for a beer and wine license if the hours
of operation are restricted to 12 noon until 11.00 p.m. Restricted operating
hours will hs.p to minimize off -site `pacts on the adjacent residential areas.
Attachments
IT city Attorney's statement
2) Staff Report of November 14, 1989
3) November 14. 1989 - Planning Cceei lion Minutes pp _r1-_
Submitted by:
Approved by. �M III% � LQL � I I I 1
a.— el-��-L, D:-4- -
M E M O R A N D U M
TO: Planning Commission
FROM: William Seligmann, City Attorney
RE: Billiard Parlor Regulations
BACKGROUND
Paul Namkoog operates a billiard parlor with fourteen
(14) tables and some food service. Mr. Namkoog has applied for a
use permit to serve beer and wine on the premises.
ISSUES
1, Can persons under twenty - one (21) be present in a
billiard parlor where alcoholic beverages may be served?
2. Can a billiard parlor with more than one (1) table
serve alcoholic beverages?
DISCUSSION
A. Presence of Minors
Pool an-1 Billiard Halls are regulated under Chapter
5.28 of the Campbell Municipal Code. This Chapter contains two
sections which regulate the presence of persons under twenty-one
(21) years of age in establishments serving alcohol.
Section 5.28.010, for instance, provides, "No person
under the age of twenty-one years shall be permitted to play
tool or billiards in a tavern or bar, or in establishments where
alcoholic bever es are sold." (Emphasis added). similarly,
Sect on .S 6 (c) prov es:
(C) No alcoholic beverages, or vinous or
maltose beverages shall be sold, served or
distributed in any billiard hall or poolroom
where minors under the age of twenty-one
years are permitted to enter, whether with or
without parent's or guardian's consent.
Under the foregoing provisions, the presence of persons
under twenty-one (21) is prohibited in any billiard hall "where"
alcoholic beverages are served. From the clear language of the
ordinance, this prohibition applies whether or nor the billiard
hall is considered a bar or tavern.
Furthermore, this prohibition seems to apply regardless
of whether alcoholic beverages are actually being served during
the minor's presence. Although a contrary interpretation is not
impossible, the normal rules of statutory construction require
that the legislative intent should be gleamed from the language
of the ordinance, giving effect to every word and phrase. In
this regard, "an intent that finds no expression in the words of
the statute cannot be found to exist" (Henna an vs. United
Pacific Insurance Co an (1975) 53 Cal. App. 3 ; Pu�r d vas.
Teachers Retirement Boar (1980) 130 Cal. App. 3d 942, 952; alao
see Anderson vs. I.M. Jameson Corporation (1936) 7 Cal. 2d 60,
67-61-).
In the present matter, the City Council has elected to
use the word "where" to describe the extent of the prohibition.
Nowhere in the applicable ordinances do they discuss "when" the
alcoholic beverages are sold. As a consequence, the most
plausible interpretation of Chapter 5.28 is that persons under
twenty-one are prohibited from entering a billiard hall licensed
to serve alcoholic beverages, even if alcohol is not being
served during their presence.
II. Number of Billiard Tables
Section 5.28.010 also provides that "no pool table or
billiard table .. shall be placed in any tavern or bar as
such taverns and bars are commonly known." Therefore, if the
service of alcoholic beverages makes the billiard hall into a bar
or tavern, then it would be limited to one (1) table.
Websters Ninth New Collegiate Dictionary (1983) and
Websters Third International Dictionary Unabridged (1966) both
define the terms "bar" and "tavern" substantially as follows:
Bar: a counter at which food or especially
alcoholic beverages are served; . a
room or public establishment containing such
a counter.
Tavern: Is: a shop for selling and drinking wine.
b: an establishment where alcoholic liquors
are sold to be drunk on the premises.
If theses definitions were applied to the above -quoted portion of
Section 5.28.010 without con.i,;;ring anything else, it would be
clear that a billiard hall that set -es alcoholic beverages would
be at least a "tavern", and thus restricted to one table.
However, when the provisions of Section 5.28.019 are
viewed as a whole, it appears that the Council recognized a
distinction between taverns and billiard halls that incidentally
serve alcohol. Oth-)rwise, the provision prohibiting the presence
of minors in a "tavern or bar, or in astablishments where
alcoholic beverages are sold" would be redundant.
As a result of the foregoing analysis, it appears that
a billiard hall does not automatically become a 'tavern" when it
serves alcoholic beverages. Unfortunately, though, the
ordinance does not clearly delineate this distinction. In the
absence of clear guidance from the ordinance, the most logical
Interpretation would be that a billiard hall is not considered a
tavern, so long as the beverages are provided solely as a service
to the billiard players. If, however, service was available to
non -players, it would be considered a tavern.
CONCLUSION
1. No one under twenty-one (21) years of age is
permitted in a billiard hall which serves alcoholic beverages,
regardless of whether or not such beverages are being served
when the minor ie present.
2. h billiard hall with more than one table may
probably serve alcoholic beverages, so long as the service is
limited to the billiard players.
If the City feels that the foregoing interpretations
are inappropriate, it would be advisable to amended the ordinance
accordingly.
ITEM NO. 13
STAFF REPORT - PLANNING COMMISSION OF NOVEPBER 14, 1989
UP 89-24 Public Rearing to consider the application of Mr.
Namkoong, P. Paul Namkoong for approval of a Use Permit to allow
an on -sale beer and wine liquor license, in
conjunction with a 3450 square foot billiard parlor,
on property known as 2097 South Bascom Avenue, in an
C-2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
"hat the Planning Commission ADOPT a RESOWTION, incorporating the
attached findings, APPROVING the request for an on -sale beer and wine
license conjunction with an existing billiard parlor subject to the
attached conditions.
DISCUSSION
Request: The applicant is requesting approval of a Use Permit to allow on
sale beer and wine sales in conjunction with an existing 3450 square foci
billiard parlor operation due to request by the patrons and for future
special events.
Background: In 1985, the Planning Commission granted approval of a Use
Permit to allow 1500 square foot, 6 table billiard parlor at the above
referenced property. In 1986, a modification to the Use Permit was
approved to extend hours of closing from 12:00 p.m. to 2:00 a.m. The
Planning Commission subsequently approved a modification to the Use Permit
(89-05) to allow expansion of the billiard parlor to 3450 square feet
providing 14 tables and some ford service.
The applicants indicated in this application that no alcoholic beverages
were to be served. Hence, this was made a condition of approval for each
application.
Location: The billiard parlor occupies 3450 square feet of an existing
retail building and is situated mid -block between Campbell Avenue and
Apricot Avenue on Bascom Avenue.
Surrounding Uses: Uses surrounding the project site include the following:
North: Commercial
Fast: Commercial
South: Commercial
West: Residential
Similar Uses in the Areas: An aerial map is attached which illustrates the
surrounding uses, which serve alcohol: (1) Denny's; and (2) Stuft Pissa.
STAFF REPORT: UP 89-24 -2- November 14, 1989
AppLICANT: Hamkoong, Paul
SITE ADDRESS: 2097 S. Bascom
PC MM: 11/14/89
police Department: The request was sent to the department for review and
recommendation. The proposal can be supported provided that:
1) No one under the age of 21 is permitted. (As per Section 5.28.010
and Section 5.28.040(C)).
2) Hours of operation for alcohol restricted to 8:00 p.m. to 12:00
p.m.
Issues: A number of complaints have been received from the abutting
residential property owners and tenants regarding the amount of noise and
activity level generated from the billiard parlor especially during and
after closing time of 2:00 a.m.
Due to the proximity of the residential property to the billiard parlor and
with the addition of beer and vine sales, staff further acknowledges the
necessity to restrict hours of operation to 11:00 p.m. due to the relative
isolation or remoteness of the business, in comparison to a high activity
level area such as the Pruneyard where private security is able to monitor
late night activity.
Hilliard Hall Ordinance: Section 5.28.010 and 5.28.040 specifically state
mi that nors persons under 21 of age) are prohibited from entering any
establishment which serves alcohol and contains billiards. A copy of the
ordinance is attached.
Applicant's Statement: The applicant has indicated in the attached letter,
that he wishes to serve beer and vine but does not want to restrict minors
from frequenting the parlor. He tas developed a series of possible
solutions to maintain patronage of minors and serve beer and vine.
However, the Zoning Ordinance dons not allow interpretation of the statute.
Criteria Checklist: Staff has attached a checklist of criteria used In
determining a recommendation for this request.
see
Attachment
1 Findings
2) Criteria Checklist
3) Aerial Map
4) Location Map
S) Billiard Ordinance
6) Applicant's Statement
7) Letters of Opposition
Submitted by:
GI a Sciara or I
Appramed by
Steve Pissecki, Planning Director
RECOWUNDED FINDINGS - UP 89-24
SITE AMRFSS: 2097 S. BASCOM AVENUE
APPLICANT: NAMKOEING, P.
PC MTG: 11-14-89
Use Permits
1. Health/Safety: The establishment, maintenance or operation of the use
applied for will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the
neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
the City if the hours of operation are restricted to 11:00 p.m. closing.
2. Traffic: The proposed site is adequately served by streets of sufficient
capacity to carry the kind and quantity of traffic such use would generate.
3. Compatibility: The proposed use is generally compatible with the uses in
the area, excluding the residential property abutting the use.
a • •
COSmMMM OF APPROVAL FOR UP 89-24
SM ADDRESS: 2097 S. BASCOM AVENUE
APPLICANT: NAMKOONG, P.
PC MTG: 11-14-89
1. Hours of operation be limited to 12:00 p.m. to 11:00 p.m., daily.
2. Absehoi sales 1
CEIINLIA CHECKLIST - UP 89-24
APPLICANT: NQMO0NG, P.
PC MM: 11-14-89
1) Consistency - The 'billiard parlor is located in C-2-S (General Commercial)
Zoning District. The proposed use is consistent with the Zoning and
General Plan.
2) Compatibility - The business is appropriate for the zoning district in
which it is located, however the proximity to the residential zoning
district requires modification of business hours.
3) Hours of Operation - 12:00 p.m. to 11:00 p.m.; beer and vine sales from
8:00 p.m. to 11:00 p.m. (daily) as specified by the Planning and Police
Departments.
4) Size - 3,450 square fast of floor area, 14 billiard tables.
5) Seating - NIA
6) Parking - No increase in intensity, or expansion of the use, therefore no
additional parking is required.
* e a
tl '• f' 8k4 -
■n■■■■■■■■■ login
I.. S''�
5.28.010
Chapter 5.28
POOL, BILLIARD HALLS AND MECHANIC.^.L
AMUSEMENT DEVICES
Sec tie^,a:
5.28.010 Billiard and pool tables t.n taverns and
poolrooms.
5.28.020 Pool and billiard rooms --Police inspection.
5.26.030 Locking or barricading doors.
5.28.040 Gambling, card tables, games and liquor.
5.28.050 Duties of proprietor.
5.28.060 Minors.
5.28.090 Revocation of permit.
,5.28.010 Billiard and ool tablea in taverns and ool-
rooms�� untila permit as rat een ER
ame t ere or
room the city council upon written application approved by the
chief of police, the chief of the fire department, and the zon-
ing officer as herein provided, no pool table or billiard table,
coin -operated or otherwise, shall be placed in any tavern or
bar as such taverns and bars are commonly known, and no permit'
shall be issued for more than one such pool or billiard table
in any one bar or tavern. No person under the age of twenty-one
years shall be permitted to play pool or billiards in a tavern
or bar, or in establishments where alcoholic beverages are sold.
(b) The annual license fee for such pool table or
billiard table shall be fifty-five dollars per year, notwith-
standing any other fee provided for in this chapter.
(cl The pool or billiard table shall be provided with
suitable covers when not in use.
(Campbell 7.117) 84-2
_.28.020--5.28.050
(d) The permitting of gaming in bars and taverns possess-
ing such pool or billiard table will subject the owners of the
bar, their servants, agents and employees to prosecution for
a misdemeanor, and upon conviction shall be subject to such
fine and imprisonment as provided in this municipal code.
(a) Any permit issued shall also be subject to the pro-
visions of Sections 5.28.020 through 5.28.090. (Ord. 829
(part), 1972: Prior code 56300(a)).
5.28.020 Pool and billiard rooms --Police ins action.
Any pool room or billiard hall and any room adjacent to the
same under the same management or control shall be subject
at all times to police inspection and supervision for the
purpose of ascertaining if the provisions of this chapter
are being observed,and no personnel shall hinder, obstruct
or delay any police officer from entering any such place.
(Prior code 56400).
5.28.030 1 ckin or barricadi.n doors. No person
shall Keep any oor or entrance to any poolroom or billiard
hall locked, barred or barricaded in such manner as to make
it difficult of access or ingress to police officers while
two or more persons are present in such room, and no per-
son shall visit or resort to any such locked, barred or bar-
ricaded room or place protected in any such manner to make
it difficult of access or ingress to police officers when
two or more persons are present. (Prior code 56400.1).
,45.28.040 Gamblin card tables tames and liquor.
a o person s a permit gang of any c n or
description or playing any games whatsoever for money or any-
thing of value within any poolroom or billiard hall.
(b) No card tables shall be kept, or any card games
played or allowed in any billiard hall or poolroom.
(c) No alcoholic beverages, or vinous or maltose bev-
erages shall be sold, served or distributed in any billiard
hall or poolroom where minors under the age of twenty-one
years are permitted to enter, whether with or without parent's
or guardian's consent.
(d) Every billiard hall or poolroom shall be closed
between the hours of two a.m. and six a.m, of each day.
(Prior code 56400.2).
5.28.050 Cuties of ro r1 tor. It shall be the duty of
the propr etor or manager or eat illiard hall or poolroom
to maintain a notice at the front entrance thereof to the
effect that persons under the age of fourteen years are pro-
hibited from entering the same unless accompanied by a parent
or legal guardian. Between the ages of fourteen years and
seventeen years, the person must have in his or her posses-
sion, written consent given by his or her parent or legal
guardian that said minor may enter and use the pool and
85 (Campbell 9/80)
5.28.060--5.28.,.e0
billiard hall facilities. Such consent shall be maintained
as a permanent record by the owner, proprietor, or manager of
such pool or billiard room and shall be made immediately
available for inspection by the police department and other
law enforcement agencies. It shall be the duty of such
owner, proprietor or manager to refuse admittance to any
minor under fourteen years of age, if not accompanied by
parent or guardian. (Ord. 829 (part), 1972: prior code
g6400.3).
5.28.060 Minors. No person shall permit any person
under t a age o eighteen years to enter any billiard hall
or poolroom, except as provided for in Section 5.28.050.
(Ord. 829 (part), 1972: Prior code 56400.4).
5.28.090 Revocation of permit. The violation of any
of the orego ng proves one, or a violation or any law or
ordinance, punishable by fine or imprisonment, by the owners,
proprietors or managers of such pool and billiard halls or
the permitting of boisterous, rowdy and indecent conduct on
the premises, including the use of profanity, indecent and
obscene language will subject any permit issued for such
premises to be summarily revoked by the city council..
(Prior code $6404).
Chapter 5.29
BINGO
Sections:
5.29.010 Authority.
5.29.020 Definition.
5.29.030 Organizations permitted to conduct bingo games.
5.29.040 Minors.
5.29.050 Open to the public.
5..�9.060 Staffing and operation.
5.29.070 No profit, wage or salary.
5.29.080 Where bingo may be conducted.
5.29.090 Bingo equipment.
5.29.100 Financial interest.
5.29.110 Separate fund.
5.29.120 Records.
5.29.130 Total value of prizes.
5.29.140 Physical presence at bi..-o gam& required.
5.29.150 Hours of operation.
5.29.270 Authority to inspect premises and records.
(Campbell 9/98) 96
Campbell
BILLIARDS
2097 South Byrom Avenue
CempbeB. CA 9_%W
408-377-3104
Date: October 6, 1989
To: City of Campbell Planning Department
From: Paul Y. Namkoong, Owner, Campbell Billiards
Re: REQUEST TO MODIFY RESOLUTION NO. 2605
PERTAINING TO UP 85-03im 89-05
One of the conditions that I am operating under restricts the sale of alcoholic
beverages on the premises.
I am requesting reconsideration of this condition for the following reasons:
1. Many customers have requested beer or wine and will frequent my establish-
ment if it were available. They now continue to frequent California Billiards
and Milpitas Family Billiards because of this. They would rather stay in
the Campbell area where they reside.
2. I have had several requests for company and fraternal organizations for
tournament play but because beer and wine are not available, they have gone
elsewhere. I still have two tournaments pending dependent upon my ability
to sell beer and wine.
3. I have an adequate menu, so food is always available and next door to me
is a restaurant with a more diversified menu.
4. So far my clientele is well behaved with an average age ranging from 19 to
50 years old. We do enforce, a dress code and have not had any problems
that I'm aware of.
5. My experience in managing a facility that serves alcoholic beverages comes
from managing night clubs and bars throughout the last 24 years in the
hotel industry.
Section 5.28.010a states that "no person under the age of twenty-one years shall
be permitted to play pool or billiards in a tavern or bar or in establishments
where alcoholic beverages are sold."
If I wen: granted permission to sell beer and wine and were following Section 5.28.010
of the Municipal Code, I would lose approximately 18% of my existing clients. Other
billiard rooms in Santa Clara County, including California Billiards, Milpitas
Family Billiards, Saratoga Lanes, and 4th Street Bowl, permit minors in their
establishments even though alcoholic beverages are sold on their premises.
Campbell Planning Dept - 2 October 6, 1989
Therefore, I am asking for your thoughtful consideration to one of the following
alternatives:
1. Mirrors be allowed on premises and that the burden of compliance of the
liquor laws falls on the operator of the billiard room; or,
2. Minors be allowed until 6 p.m. and that beer and wine can only be sold subse-
quent to 6 p.m. o' each day; or,
3. Minors be allowed access but that any "pool table" that contains one minor not
be allowed to purchase beer and wine even though the other player or players
are 21 years old; or,
4. A section of the billiard room be designated for minors and grcups mixed with
minors and that no beer and wine be sold in that area; or,
5. Any combination of the above; or,
6. A trial period of any one or any combination of the above; or,
7. Strict compliance with 5.28.010.
Your consideration of the aoo�e All assist me in being competitive in the area. .
I am at a disadvantage at the moment.
Thank you for your consideration.
Res ly submitted,
Paul Y. Namkoong, Owner
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PROCV� OF PUBLICATIPN I
Sall 305C :Mcrciirg Xcty.
750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA 95190
RECEIVED
NOV 1 1989
IN THE CITY CLERK'S OFFICE
CITY OF CANFBELL
STATE OF CALIFORNIA
COUNTY OF SANTA CLAM
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COUNTY OF SANTA CLARA
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A&
CITY OF CAMPBELL, CALIFORNIA
NOTICE OF EXEMPTION
TO: Secretary for Resources FROM: CITY OF PLANNING CAMPBELL
ENT
— 1416 Ninth St., Rm. 1311 70 N. FIRST AR
Sacramento, CA 95814 CAMPBELL CA 95008
xx County Clerk's Office
— Santa Clara County
191 N. First St.
San Jose, CA 95113
PROJECT TITLE: Use Permit 69-24
PROJECT LOCATION: Specific 2097 S. Bascom
PROJECT LOCATION: City Campbell County Santa Clara
DESCRIPTIGN OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
Use Permit to allow on sale beer and wine liquor license
NAME OF PUBLIC AGENCY APPROVING PROJECT: Cit• of Ca ll
ann ng bess on
NAME OF PERSON/AGENCY CARRYING OUT PROJECT: Gloria Sciara PI
EXEMPT STATUS (Check Otte): Minister5073)
Declared iEmergency l(Sec. 15071(a)VO )
— Emergency Project (Sec. 15071 (b)&(C))
Xi- Categorical Exemption - State Type 6
Section Ninber 15301
REASONS WHY PROJECT IS EXEMPT: Migor alteration to existing facility
Invclving no expansion beyond existing use.
CONTACT PERSON: Gloria Sciara TEI- NO.: (408) 866-2140
IF FILED BY APPLICANT: 1. At':ach certified document of exemption
finding.
2. Has a notice of exemption finding been
filed by the public agency approving
the project? — Yes — No.
DATE RECEIVED FOR FILING:
t1 Ll I $� SIGNATURE: �1 TITLE: Planner Planner 11
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMP8ELL. CALIFORNIA 95008
(406) 606.2100
0sprwmr: Planning November 29, 1989
Mr. Paul Namtoong
2097 S. Basco Avenue
Campbell, CA 95008
R8: UP 89-24
2097 S. Bascom Ave.
Dear Mr. Namkoong:
Please be advised that the Planning Commission at its meeting of November 28,
1989, adopted Resolution No. 2643, approving your request for a Use Permit to
allow bear and wine sales on the reference property. This approval is subject
to the conditions indicated in the attached resolution.
Please note the Planning Commission modified the hours of operation to 11:00
a.m. to 11:00 p.m. A conditional approval of the Planning Commission may be
a?pealed to the City Council as prescribed in Section 21.80.030 of the
Municipal Code, a section which is attached for your information.
If you should have any questiuns regarding the Commission's action, please do
not hesitate to contact the Planning Department.
Please note that any appeal should be filed within ten (10) days of the
Planning Commission's action.
Sincerely,
Tim J. Haley
Plan�ier II
tjh:lb
cc: Property Owner
RESOLUTION NO. 2643
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PERMIT
ALLOWING THE AN ON -SALE BEER AND WINE LICENSE, IN
CONJUNCTION WITH A BILLIARD PARLOR, ON PROPERTY
JU MN AS 2097 SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. (APPLICATION OF
MR. PAUL MWOONG, UP 89-24).
After notification and public hearing as specified by law on the application of
Mr. Paul Namkoong for a Use Permit and approval of an on -sale beer and wine
license, in conjunction with a billiard parlor, on property known as 2097 South
Bascom Avenue, in a C-2-S (General Commercial) Zoning District, as per the
application filed in the Planning Department on October 12, 1989,; and, after
presentation by the Planning Director, proponents and opponents, the hearing
was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows:
1. Health/Safety: The establishment, maintenance or operation of the use
applied for dill not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the
neighborhood of such proposed use, or he detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
the City if the hours of operation are restricted to 11:00 p.m. closing.
2. Traffic: The proposed site is adequately served by streets of sufficient
capacity to carry the kind and quantity of traffic such use would generate.
3. Compatibility: The proposed use is generally compatible with the uses in
the area, excluding the residential property abutting the use.
Based on the above findings, the Planning Commission does hereb; grant the
requested Use Permit, subject to the following conditions:
1. Hours of operation be limited from 11:00 a.m. to 11:00 p.m., daily.
2. Alcohol sales limited to the hours of operation.
The applicant is notified as part of this application that he/she is re.,.Irad
to comply with all applicable Codes and/or Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 28th day of November 1989, by the following roll call
vote:
AYES: Commissioners: Christ, Fox, Perrine, Olszewski
NOES: Commissioners: Meyer, Alne
ABSENT: Cosmissioners: Wilkinson
APPROVED: Bruce J. Olszewski
Chairman
ATTEST: Steve Piosecki
Secretary
PROCEDURE FOR APPEAL
FROM rBCISION OF
PLANNING DIRECTOR
SECTION 21.80.020
CAMPBELL MUNICIPAL CODE
Appeals from Discretionary Administrative Decision.
An appeal may be made to the Planning Commission by the applicant or
any other interested party from any discretionary administrative
decision or interpretation made by the Planning Director or any
City Official under this Title. Such appeal shall be filed with
the Planning Director. Ministerial actions granting or denying
a perrlt under this Title are final and may not be appealed.
Such appeal shall be in writing and shall set forth the reason(s)
for appeal and must be filed with the Secretary of the Planning
Commission within ten days from the date of decision of the Planning
Director or City Official. Any decision not appealed within ten days
shall be final. Upon receipt of the appeal, the Secretary of the
Planning Commission shall cause the item to be placed on the agenda
of the next regular Planning Commission meeting.
PROCEDURE FOR :SPEAL
FROM DECISION OF
PLANNING COMMISSION
SECTION 21.80.030
CAMPBELL MUNICIPAL CODE
Appeals from Decision of Planning Commission.
An appeal may be made to the City Council by the applicant or any
other interested party from any decision of the planning Commission
under this Title. Such appeal shall be filed with the City Clerk
within ten days from the date of decision. The appeal shall be
1ii writing and met forth specifically wherein the Commission's
findings and decisions were in error. Upon hearing the appeal,
the City Council shall consider the record and such additional
evidence as may be offered and may affirm, modify or reverse, in
whole or part, the order, requirement, decision, determination,
interpretation or ruling appealed from, or make and substitute
such other-dditional decision or determination, as it may find
warranted ui.der the provisions of this Chapter. Any decision not
appealed within ten days o! the decision of the Planning Commission
shall be final.
CITY OF C A M P B E L L PLANNING COMMISSION APPLICATION
PLEASE NOTE: STAFF 15 REQUIRED BY STATE LAN TO NOTIFY APPLICANTS OF THE COMPLETENESS OF THEIR APPLICATIONS.
DHCP-TRM-XPPLICAT I DNS WHICH ARE FOUND TO BE COMPLETE CAN BE POSTED ON A PLANNING 1CyOMM ISSION AGENDA.
PROPERTY LOCATION/ADDRESS: ;Z x -1 -1 APN:
DATE FILED: ZONING: C ' 1 - 1 GENERAL PLAN: L c rr rrt �Li M
TYPE OF APPLICATION: Architectural Approval Use Permit
_ Planned Development Permit Zone Change
_ General Plan Amendm-ant Varience
Other
APPLICANT: r� '1
MARE PAAyL v{. lJAo4Woa0 )ip _ TELEPHONE: (4cV 3-1 10
ADDRESS: 3.0y1 S. Zr�L0m
CITY/STATE: CA.-9EE LA... (A ZIP: gSDU$
PROPERTY AKEOMER(]: `,
M: _ 951A blip PA,'"" TELEPHONE (`-{06) � 3-�_t Cl
ADDRESS: qqt, I CAer_Q �:j- L,F_
CITY/STATE: irk.: TL)4e- cA zip: Sll
F'_EASE ATTACHED SEPARATE SHEET FOR OTHERS THAT YOU WISH TO RECEIVE COPIES OF STAFF REPOP;. i AGENDAS.
AFFIDAVIT/S ICNATURE(S):
The undersigned person(s), having an interest in the above -described property, hereby make this
application in accordance with the provisions of the Campbell Municipal Code: and, hereby certify
that the information given herein is true and correct the best cf m /our knowledge and belief.
rants gnaw et open ner gnature et
O F F I C E U S E O N L Y
PLANNING COMMISSION MTG. DATE: FEE PAID: _ ;-�—
PLANNING COMMISSION ACTION: RECEIPT a: Jay YT
CITY COUNCIL !FETING DATE:
CITY COUNIC IL ACTION:
DATE PUBLISHED IN NEWSPAPER:
PROPOSED USE:
FILE # Vf_gq -41
City of Campbell - Planning Department - Stew Piesecki, PlantAng Director
70 N. First St., Campbell, CA 9500E (40E) "6-2140
CITY OF CAMPBELL
7 0 N O R T H F I R S T S T R E E T
CAMPBELL, C A L I F 0 R N I A 95008
(408) 866-2100
FAX a (408) 379-2572
Planning
Department:
RE. Our File it
Site Address:
Dear
Pursuant to Section 65943 of the Government Code of the State of
California, please be advised that the Planning Department has made the
determination that the above -referenced application is.-
XX Accepted as completed.
Not Accepted - Incomplete.
(See attached list of what is
necessary to make the application
complete.)
An application will not be posted on the Planning Commission agenda until
it has bean accepted as complete.
If you have questions regarding this letter, please do not hesitate to
contact the undersigned at (408) 866-2140.
Sincerely,
Steve Piasecki
Planning Director
Id
Attachnant
fs formats
DEPARTMENT COMMENT SHEET
d
SITE s ARCHITECTURAL REVIEW COIdfdITTEE
PLANNING COMMISSION
Date Sent Out: 10/23/89 I ]
Architect
Planning Commission I 1
Fire Department
Agenda Date: 11/14/8-1 ( 1
Police Department
Please Return By: 10/31/89 f ]
Redevelopment Agency
r
Public Works Department:
f At Original Submittal
Engineering
[ ;
[ 1 Revised Submittal
Hporatiot3.;Q
o""
APPLICANT: Mr. Paul Naiokoong _TELEPHONE:
PROJECT ADDRESS: 2097 S. Bascom
PROPOSAL: Public Hearing to consider the application of Mr. Paul Namkoonq
for approval of a use Permit to allow an on sale beer and wine
ligppr license in conjunction with a 3450 sq. ft. billard parlor
on property known as 2097 S. Bascom, in an C-2-S (General Commercial)
Zoning District. APN 412-1u-45
`>a
DEPARTMENTAL RECOMMENDATIONS:
.» D
A rs`J ;s
CODE REQUIREMENTS (IF RECOMMENDED fOR APPROVAL): W
-W, J,,
• OR
C,NVIRONMENTAL REVIEW:
he Planning Department has conducted an initial environmental study for this
proposal, and
f I A Negative Declaration has been prepared for this proposal.
000 A Categorical Exemption has been prepared for this proposal.
lour De�rtment is of the o lnion that additional environmental review is re aired,
sane att■c an znviroi�mental Impact Assessment Iniflal 5tudy Identifying your
area • of concern.
•'Any environmental comments should be returned by:
IAPARTNENi
RESIDENCE 1
PROJECT SITEttl',
BAR
Hii
1.
RESIDENCE k.
OFFICE BUILDING ,
.f 1 �NCI._ J,•f. +�T w.
l
RETAILBUILDING{• J ••
J � I I �� 1 1 ■ �' � i1 ..��h i
AEfziP, fltoT-b
1 .. .'.._ •tT�' ... �.. � Till _ _. 1 (
BASCOM
f: . .
am . MSCYn A..
CITY OF CAMPBELL 2097 S. BASCOM AVE. MM 86-03 2 of 2
DEPARTMENT COMMENT SHEET
SITE a ARCHITECTURAL REVIEW CO1.ir41TTEE
PLANNING COMMISS.'ON
Date Sent Out: 10/23/89 [ ] Architect
Planning Commission [ 1 Fire Department
Agenda Date: 11/14/8J f ] Police Department
Please Return By: l0/31/89 •• [ 1 redevelopment Agency
Public Works Department:
[ Original Submittal [ 1 Engineerinir
[ 1 Corporation Yard
[ ] Revised Submittal [ ] Building Division
APPLICANT: Mr. Paul Namkoong _TELEPHONE:
PROJECT ADDRESS: 2097 S. Bascom
PROPOSAL: Public Hearing to consider the application of Mr. Paul Namkoonq
for approval of a Use Permit to allow an on sale beer and wine
liquor license in conjunction with a 345U sq. ft. billard parlor
on property known as 2097 S. Bascom, in an C-2-S (General Commercial)
Zoning District, PPN 412-1U-45
DEPARTMENTAL RECOMMENDATIONS:
CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL):
ENVIRONMENTAL REVIEW:
The Planning Department has conducted an initial environmental study for this
proposal, and
l ) A NegaCie Declaration has been prepared for this proposal.
�(1f] A Categorical Exemption has been prepared for this proposal.
if amour Department is of the opinion that additional environmental review is required.
Ieese attach an Environmental Impact Aeaeeament In t a tud}r dent ng your
area s) o concern.- —
••Any environmental comments should be returned by-
now,: . _ -
APARTMENT
-6AR
1,
::• 1RESIDENCE I
10,
PROJECT SITE
RESIDENCE ,.
OFFICE BUILOINC
I
p I 11 •• i �,1
� ice•; r'-f: X.
�1 r •`� � �� I II
alk• .
RETAIL BUILDIIIG
.11 1
Jo
1 t \
r I
BASCOM
flTf rMM •11C rRi fbN 11EwOEllvp:
!7
i11E!'
tip
m
tat fovn fwscu� .r.
VIE
fu onefrfnoorde ewo.
foiuro oral a orb.
dear. n saaecE ou:rxnpwa
nuTI
rms aide
DEPARTMENT COMMENT SHEET
SITE a ARCHITECTURAL REVIEW CO,"X4ITTEE
PLANNING COMMISSION
Date Sent Out: 10/23/89 [ ]
Architect
Planning Commission [ 1
Fir;: Department
Agenda Date: 11/14/89 [ ]
Police Department
Please Return 3y: 10/31/89 •• [ ]
Redavelopment Agency
Public Works Department:
[ Original Submittal [ ]
Enaineerine
[ ]
Corporation Yard
[ ] Revised Submittal [ ]
Building Division
APPLICANT: Mr. Pat I Namkoong TELEPHONE:
PROJECT ADDRESS: 2097 S. Bascom
PROPOSAL: Public Hearing to consider the application of Mr.
Paul Namkoong
for approval of a use Permit to allow an on sale
neer and wine
liggClr license in conjunction with a 3450 sq. ft.
billard parlor
or property known as 2097 S. 3ascom, in an C-2-S
(General Commercial)
Zoning District. APN 412-lu-45
DEPARTMENTAL RECOMMENDATIONS:
CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL):
ENVIRONMENTAL REVIEW:
The Planning Department has conducted an initial environmental study for this
proposal, and
[ ] A Negative Declaration has been prepared for this proposal.
1K)a A Categorical Exemption has been prepared for this proposal.
If Department is of the opinion that additional environmental review i9 required,
p ease a1 ttach an �nmental Impac: ent In t Assessmal Study 7ent fying your
area(s) of concern.
**Any environmental comments should be returned by:
EIR-1
C ^.' CF CAMPBELL. CALIFORNIA
INITIAL STUDY
ENVIRONMENTAL INFORMATION FORM - TO BE COMPLETED BY APPLICANT
Date Filed:
GENERAL INFORMATION:
1. Name and address of developer or project sponsor:
PA4JL 0A-AV6VX 1_ .. stt 13
2. Address of project:
Assessor's Block and L_o_t_N_5uEer
3. Name, address, and telephone number of person to be contacted
concerning this project: PA 31131U`L-
PPu— IJaMK�UC "105"1 S. '6A%co'+ kUE` (A_tPbE4_L, lh y5_U0S
4. Indicate number of the permit applicatioii for the project to which
this form pertains:
5. List and describe any other related permits and other public
approvals required for this projerL, including those required
by city, regional, state and federal agencies:
6. Existing zoning district: C -1 — S
7. Proposed use of site (Project for which this form is filed):
3ee2 a- O wLuE- wgxnk�- 0.3 PaFn,�e_ L.taeuSE .
PROJECT DESCRIPTION (ATTACHED ADDITIONAL SHE3TS IF NECESSARY)
B. Site size.
9. Square footage
o� FIB i
10. Number of floors of construction.
11. Amount of off-street parking provided.
I
12. Attach plans.
13. Proposed scheduling.
14. Associated projects.
15 Anticipated incremental development.
1 of 3 pages
11
16. If residential, include the number of units, schedule of unit
sizes, range of sale prices or rents, and type of household
size expected.
17. If commercial, indicate the type, whether neighborhood, city
or regionally oriented, square footage of sales area, and
loading facilities.
I
18. If industrial, indicate type, estimated employment per shift,
and loading facilities.
19. If institutional, indicate the major function, estimated employ-
ment per shift, estimated occupancy, loading facilities, and
cormunity benefits to be derived from the project.
I
20. If the project involves a variance, conditional use or rezoning
application, state this and indicate clearly why the application
is required. !
Are the following items applicable to the project or its effects?
Discuss below all items checked yes (attach additional sheets as
necessary).
Yes No
21. Change in existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration
of ground contours.
22. Change in scenic views or vistas from existing
residential areas or public lands or roads.
23. Change in pattern, scale or character of general
area of project.
24. Significant amounts cf solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in
vicinity.
26. Change in ocean, bay, lake, stream or ground water
quality or quanity, or alteration of existing drain-
age patterns.
_Y 27. Substantial change in existing noise or vibration
levels in the vicinity.
28. Site on filled land or on slope of 10% nr more.
29. Use of disposal of potentially hazardous materials,
such ae toxic substances, flarmables or explosives.
y 30. Substantial change in demand for municipal services
(police, fire, water, sewage, etc.)
31. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.)
32. Relationship to a larger project or aerie, of projects.
2 of 3 pages
M
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals, and any cultural, historical or scenic aspects.
Describe any existing structures on the site, and the use
of the structures. Attach photographs of the site. Snapshots
or polaroid photos will be accepted. I
34. Describe the surrounding properties, including information
on plants and animals and any cultural, historical or scenic I
aspects. Indicate the type of land use (residential, commercial,
etc.), intensity of land use (one -family, apartment houses,
shops, department stores, etc.), and scale of developmert
(height, frontage, set -back, rear yard, etc.). Attach photo-
graphs of the vicinity. Snapshots or polaroid photos will be
accepted.
CERTIFICATION i
I hereby certify that the statements furnished above and in the
attached exhibits present the data and information required for
this initial evaluation to the best of my ability, and that the
facts, statements, and information presented are true and correct
to the best of my knowledge and belief. 1
_/L-
YE, te Signature
For
3 of 3 pages
FEE SCHEDULE
CITY OF CAMPBELL
PLANNING DEPARTMENT
General Plan Amendment
0-1 acres
$1,150
1-5 acres
1,500
5+ acres
2,300
Zone Change
0-1 acres
1,040
1-5 acres
1,150
5+ acres
1,730
Planned Development Permits
0-1 acres
1,150 t
1-5 acres
1,500
5+ acres
1,730
Modifications of Approval
290
Revised Development Schedule
175
Use Permit
Garage Conversion, Occupancy
Requirement w/o Development
Plans, Liquor Licenses, Secondary
Dwelling Units, Interim
Zone
400
All Other Use Permits
1,150 /
Modifications or Amendments
150 •/
Architectural Approval
0-10,000 s.f. of construction
575
10,000-75.000 s.f. of construction
875
75,000+ 9.f. of construction
1,150
If no construction associated with project
575
Modifications
150
Extensions of Approval
85
Single Family
100
Variances
Single Familv Residence
300
All Others
500
Sign Permits
1
Permits - Minimum of $50 or
1% of estimated valuation
50
Penalty for not securing a permit
50
Text Amendment
475
Environmental Review
100
(Adopted by City Council on June 22, 1987 - Res. No. 7396)
(Effective July 1, 1987)
f: fees
.1 r.
CONTRIBUTION DISCLOSURE FORM
CITY OF CAMPBELL PLANNING COMMISSION
IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE,
'\ CHECK HERE, AND SIGN BELOW IN SECTION I11.
II. TO 4E COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE
HAVE BEEN MADE.
YOUR NAME:
YOUR ADDRESS:
TELEPHONE NO: ZIP:
APPLICATION #
PROJECT ADDRESS:
LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT
MADF CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND
THE DATES OF THOSE CONTRIBUTIONS.
NAME OF MEMBER: _
NAME OF CONTRIBUTOR
(if other than yourself): (1)
DATE(S):
AMOUNT(S):
NAME OF MEMBER.: _
NAME OF CONTRIBUTOR (2)
(if other than yourself):
DATE(S):
AMOUNT(S):
NAME OF MEMBER:
NAME OF CONTRIBUTOR (3)
(if other than yourself):
DATE(S): _
AMOUNT(S)CSV:
gna[ure of Appllca WAg t) (Date)
TO: CITY CLERK
FLEASE COLLECT AND RECEIPT
FOR THE FOLLOWING MONIES
1
PLANNING IL_ NO
ADDRESS:
GENERAL PLAN AMENDMENT
0-1 acres
$1,150.00
1-5 acres
1,�00.00
5+ acres
2,300.00
ZONE CHANGE
0-1 acres
1,040.00
1-5 acres
1,150.00
5+ acres
1,730.00
TEXT AMENDMENT
475.00
PLANNED DEVELOPMENT PEF.MI',
0-2 acres
1,150.00
2-5 acres
1,500.00
5+ acres
1,730.00
_
(Modifications of APlsoval)
290.00
(Revised Development Schedule)
175.00
USE PERMIT
Garage Conversions, Occupancy Requirement
w/o Development Plans, Liquor Licenses, Secondary
O
Dwelling Units, Interim Zone
400.00
All Other Use Permits
1,150.00
(Modifications or Amendments)
150.00
ARCHITECTURAL APPROW,
a�
0-10,000 s.f. of construction
575.00
r
10,000-75,000 s.f. of construction
875.'10
_
75,000+ s.f. of construction
1,150.00
_
If no construction associated w/ project
57`..00
(Modifications)
150.00
_
(Extensions of Approval)
85.00
Single Family
100.00
_
VARIANCES
Single Family Residence
300.00
_
All Others
400.00
.�
SIGN PERMITS
Permits - Minimum of $50 or 1% of estimated
valuation
50.00
Penalty for not securing a permit
50.00
ENVIRONMENTAL REVIEW - Account #3371
100.00
_
OTHER
Maps - $5.00; General Plan Text - $5.00;
Zoning Ordinance - $12.00; Copies - $1.00/page
_
Refundable Deposit - Account 03521
_
TOTAL
$�.
NAME
PHONE_
ADDRESS
ZIP__
FOR
RECEIPT NO. G� 7
CITY CLERK
AMOUNT PAID ��—C -
X
ONLY
RECEIVED BY Q--
DATE / G i -7 K `�—
f: RECEIPT
�I
TO: CITY CLERK PLANNING FI. AO. -
PLEASE COLLECT AND RECEIPT ADDRESS:
FGR THE FOLLOWING MONIES
ITEM
1112
- N,
AMOUNT
GENERAL PLAN AMENDMENT
0-1 acres
$1,150.00
1-5 acres
1,500.00
5+ acres
2,300.00
ZONE CHANGE
0-1 acres
1,040.00
1-5 acres
1,150.00
5+ acres
1,730.00
TEXT AMENDMENT
475.00
PLANNED DEVELOPMENT PERMIT
0-2 acres
1,150.00
2-5 acres
1,500.00
5+ acres
1,730.00
(Modifications of Approval)
290.00
(Revised Development Schedule)
175.00
USE PERMIT
Garage Conversions, Occupancy Requirement
w/o Development Plans, Liquor Licenses, Secondary
Dwelling Units, Interim Zone
400.00
All Other Use Permits
1,150.00
(Modifications or Amendments)
150.00
ARCHITECTURAL APPROVAL
0-10,000 s '. of construction
575.00
10,000-75,000 s.f. of construction
875.00
75,000+ s.f. of construction
1,150.00
If no construction associated w/ protect
575.00
(Modifications)
150.00!
(Extensions of Approval)
85.00
Single Family
100.00
VARIANCES
Single Family Residence
300.00
All Others
400.00
SIGN PERMITS
Permits - Minimum of $50 or 1% of estimated
valuation
50.00
Penalty for not securfi.d a permit
50.00
_
ENVIRONMENTAL REVIEW - Account #3371
100.00
OTHER
Maps - $5.00; General Plan Text - $5.00;
Zoning Ordinance - $12.00; Copies - 51.00/page
Refuntiable Deposit - Account #3521
TOTAL $ i 9 7�0�
NAME /?.LtO.
ADDRESS ZIP
FOR RECEIPT NO.
CITY CLERK AMOUNT PAID <
ONLY RECEIVED BY ,
DATE_ l _ 3�
f: RECEIPT I
— i
DEPARTMENT COMMENT SHEET
SITE a ARCHITECTURAL REVIEW COLiPlITTEE
PLANNING COMMISSION
Date Sent Out: 10/23/89 l )
Architect
_
Planning Commission ( )
Fire Department
Agenda Date: 11/14/89 EC I V E ( )
Police Department
Please Return By: 10/31/89 "' ( ]
Redevelopment Agency
Public Works Department:
( Original Submittal )
[ 1
En¢ineerinir
Corporation Yard
( ) Revised Submittal C.AMPBELL K DEPARTMENT ( )
Building Division
APPLICANT: Mr. Paul Namkoong TELEPHONE:
PROJECT ADDRESS: 2097 S. Bascom
PROPOSAL: Public Hearing to consider the application of Mr. Paul Namkoong
for approval of a Use Permit to allow an on sale beer and wine
ligptlr license -n conjunction with a 3450 sq. ft. billard parlor
on property known as 2097 S. Bascom, in an C-2-S (General Commercial)
Zoning District. APN 412-10-45
DEPARTMP,NTAL RECOMMENDATIONS:
CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL):
0 COMMENT.
fl F f r E�/r r� S
11tii"`'�� III
PLAN""" A)lCPARTMxN-r
ENVIRONMENTAL REVIEW:
The Planning Department has conducted an initial environmental study for this
proposal. and
[ ) A Negative Declaration has been prepared for this proposal.
Kx) A Categorical Exemption has been prepared for this proposal.
If our De artment is of the o inlon that additional environmental review 1• required,
aaN attac an n ronment Impact Assessment Initial Study identifying your
area • of concern.
**Any environmental comments should be returned by:
11
Planning October 24, 1989
NOTICE OF 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, ou Tuesday,
November 14, 1989, in the City Hall Council Chambers, 70 North First
Street, Campbell, California. for public hearing to consider the
application of Mr. Paul Namkoong for approval of a Use Permit to allow an
on sale of beer and wine liquor license in conjunction with a 3,450 sq.
ft. billard parlor on property known as 2097 S. Bascom, in an C-2-S
(General Commercial) Zoning District. APN: 412-10-45 File 11 UP 89-24.
A Categorical Exemption has been prepared for this project. Plans,
elevations, legal descriptions, and/or other supporting documentation is
on file in the Planning Department, 70 North First Street, Campbell,
California.
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 desctibed 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
Planning Office at 866-2140.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE: When calling about this Notice,
please refer to UP 89-24, 2097 S. Bascom Ave.
p --w" i
4��I�M1'A'11011R' .r
M UP 85-03 —�
2079 S. BASCOM
JUNE 07, 1959 PC MTG: /
apn: 412,10-45
APN: 412-10-24 APN: 412-10-38
COBLER MICHAEL T CASEY ANT:GNETTE L
900 E. CAMPBELL AVENUE 972 MI"HAEL DRIVE
^AMPBELL, CA 95008 CAMPBELL, CA 95008
APN: 412-10-025
KAMBOJ OM P ET AL
KAMBOJ VINOD Y.
890 E. CAMPBELL AVENIIE
CAMPBELL. CA 95008
APN: 412-10-026
CDBLER MICHAEL T
900 CAMPBELL AVENUE
CAMPBELL. CA 95008
APN: 412-10-31
FIGUEROA JOH1i & PATRICIA
3404 RIDGEMONT AVENUE
MOUNTAIN VIEW, CA 94040
APN: 412-10-032
CHAN STEVE & VICTORIA
P.O. BOX 32814
SAN JOSE, CA 95152
APN: 412-10-034
LOGUE ELIZABETH ET AL
POLLOCK ULRIKE
1191 WUNDERLICH DRIVE
SIN JOSE, CA 95129
APN: 412-10-033
VESTINYS GORDON & MARY
4675 GARNET STREET
CAPITOLA, CA 95010
APN: 412-10-35
INDOVINA PHILIP TRUSTEE ET
INDOVINA MURIEL TRUSTEE
20% SAN TOMAS AQUINO ROAD
CAMPBELL, CA 95008
APN: 412-10-036
CASTO DAVID VALPARRISO AVE
MENLO PARK, CA 94025
APN: 412-08-020
Mortkowitz Michael & Maria
109 VISTA DEL PRADO
LOS GATOS, CA 95030
APN: 412-10-039, 40, 41,42 APN: 412-08-052
BARBANO RAYMOND TRUSTEE & 4 WEINMAN BEVERLY B
915 MICHAEL DRIVE 14475 SHANNON ROAD
CAMPBELL, CA 95008 LOS GATOS, CA 95030
APN: 412-10-044
CARAVELLA JOHN R
2374 GUNDERSEN DRIVE
SAN JOSE, CA 95125
APN: 412-10-046
LINCOLN BASCOM OFFICE CENTF
EDGAR THFT JR.
101 LINCOLN CENTRE DRIVE
FOSTER CITY, CA 94404
APN: 412-11-063
SOUTH BASCOM INVESTORS I
1550 S. BASCOM AVE. #120
CAMPBELL, CA 95008
APN: 412-11-062
KASHKDOLI FRED AND EVA ET A
BENSON BETH TRUSTEE
10830 SANTA TERESA DRIVE
CUPERTINO. CA 95014
APN: 412-07-016
ALTER BERNARD & RUTH ET AL
ALTER GARY
2110 S. BASCOM AVENUE
CAMPBELL, CA 95008
APN: 412-08-016
STEFANINI GINO & GERALDINE
1626 SHASTA AVENUE
SAW JOSE, CA 95128
APN: 412 -08-018
SARTOR JOY
6011 BLACKBIRD COURT
SAN JOSE, CA 95120
APN: 412-08-053
PRIES PAUL & KOUTA
1759 CURTNER AVENUE
SAN JOSE, CA 95124
APN: 412-08-054
MARTIN MAURICE TRUSTEE
20540 LEONARD ROAD
SARATOGA, CA 95070
APN: 412-08-055
MARTIN MAURICE TRUSTEE
MARTIN EMMA
20540 LEONARD ROAD
SARATOGA, CA 95070
APN: 412-08-056
MARTIN MAURICE TRUSTEE ET A
MARTIN AYUMI TRUSTEE
20540 LEONARD ROAD
SARATOGA, CA 95070
PRINCIPALS
APPKUEPLICAN m PL
2097 S. BASCOM AVENUE
CAMPBELL, CA 95008
OWNER
PASSARO BIAGIO & GELSOMINA
4431 CHERRY AVENUE
SAW JOSE, CA 95118
APN: 412-10-037 APN: 412-08-019 APN: 288-08-073
FERMI JOIN & ANNA OWTE FRR�AllIER IIKEARET BALL DENNY'S INC.- RASH 2O0-50-113
SAN J496 OSE. CA 95125RI� 2100IS. BASCOM&AYEROE-I.SNE P.O.EW! TX 75088
CAMPBELL, CA 950M BOWL TT
CITY OF CAP&PULL
7 0 N O R T H F I R S T S T F E E
CAMPBELL, CAL IFORN IA 9 5 0 0 a
( 4 0 8 ) 8 6 6 - 2 1 0 0
FAX a (408) 379-2572
DepsnmGnt: Planning
October 24, 1989
NOTICE OF HEARING
Notice is hereby given that the Planning Commission of the City of
Campbell has set the time of 7:3C p.m., or shortly thereafter, on Tuesday,
November 14, 1989, in the City Ball Council Chambers, 70 North First
Street, Campbell, California, for public hearing to consider the
application of Mr. Paul Namkoong for approval of a Use Permit to allow an
on sale of beer and wine liquor license in conjunction with a 3,450 sq.
ft. blllard parlor on property known as 2097 S. Bascom, in an C-2-S
(General Commercial) Zoning District. APN: 412-10-45 File A UP 89-24.
A Categorical Exemption has been prepared for this project. Plans,
elevations, legal descriptions, and/or other supporting documentation is
on file in the Planning Department, 70 North First Street, Campbell,
California.
Interested persons may appear rnd be heard at this hearing. Please be
advised that if you challenge the nature of the above project in
you may be limited to raising only those issues you or someone el
at the public hearing described in this Notice, or in written
correspo^dence delivered to the City of Campbell Planning Commiss
or prior to, the public 'nearing. Questions may be addressed to t
Planning Office at 866-214C.
PLANNING COMMISSION
CITY OF CAMPBELL
STRVE PIASECKI
SECRETARY
PLEASE !TOTE: When calling about this Notice,
please refer to UP 89-24, 2097 S. Bascom Ave.