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UP - Live Ent - 2004November 10, 2004 George Shaàer 201 Orchard City Drive Campbell, CA 95008 Re: PLN2004-03 - 201 Orchard City Drive - Use Permit - The King's Head Dear Applicant: Please be advised that at its meeting of November 9, 2004, the Planning Commission adopted Resolution No. 3605 approving a Conditional Use Permit to allow the live entertainment and late night operational hours on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, November 19, 2004, The time within which judicial review ofthis action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period is set forth. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Tim J. Haley Associate Planner cc: Ed Arango, Public Works Frank Mills, Building Ryan Rucker, County Fire Art Markham, Police Department Jack Jair (Property Owner) 901 Stockton Street San Francisco, CA 94108 70NorthFirstStreeí.. Campbell,California95008-1436. TFL408.866.'2140. FAX408.87I.5140. lIm408.866.2790 RESOLUTION NO. 3605 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-03) TO ALLOW LIVE ENTERTAINMENT AND LATE NIGHT OPERATIONAL HOURS IN CONJUNCTION WITH AN EXISTING RESTAURANT AND PUB (THE KING'S HEAD) ON PROPERTY OWNED BY MR. JACK JAIR LOCATED AT 201 ORCHARD CITY DRIVE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. GEORGE SHADER, ON BEHALF OF KING'S HEAD RESTAURANT AND PUB. FILE NO. PLN2004-03. 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 PLN2004-03. 1. The proposed operational hours and live entertainment within an existing restaurant/pub 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 proposed operational hours and live entertainment within the restaurant are consistent with the guidelines of the Downtown Development Plan in that it supports an 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 and residential uses within the neighborhood. 4. The hours of operation for the live entertainment are limited as follows: Live entertainment Hours of Operation: Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 am. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor seating area 9:00 a.m. to 5:00 p.m. (Sundays Only) 5. Entertainment shall be limited to the following: Live bands: Celtic Bands, Classic Rock Bands and Country Show/Skits: Medieval, Comedy, Murder Mystery, Karaoke 6. The proposed use will not increase parking demand greater than the current restaurant/pub use. Planning Commission Res(,...üion No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 2 7. The surrounding uses consist of retail and retail service uses to the north, west and office/restaurant uses to the south across Orchard City Drive and offices and restaurant uses to the east. The proposed live entertainment, subject to the conditions of approval, is compatible with the surrounding development and uses. 8. 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. 9. The Police Department has no objections to the proposed project, as conditioned. 10. The Redevelopment Agency has no objections to the proposed project, as conditioned. 11. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2004-03) to allow the live entertainment and late night operational hours in conjunction with an existing restaurant (The King's Head) on property owned by Mr. Jack Jair Planning Commission Rescmüion No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 3 located at 201 Orchard City Drive 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 Plannim! Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-03) to allow live entertainment in conjunction with an existing restaurant/pub at 201 Orchard City Drive. 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 Richard Fish, A.LA. Architect and received by the Planning Division on March 3, 2003, including a site plan and floor plans. b. Project description, prepared by the applicant as indicated below. Occupancy and seating layout shall be consistent with project plans describe above. Types of entertainment shall be restricted to the following: Musical Acts including the following: Celtic Bands, Classic Rock Bands and Country Bands Show/Skits: Medieval, Comedy, Murder Mystery, Karaoke 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. Planning Commission ResoH!(ion No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 4 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 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 restaurant and live entertainment shall not be audible to a person of normal hearing capacity from any residential property or adjacent uses. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises associated with 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: The original overall operational hours granted with the 1997 Use Permit shall be expanded to allow operation until 1 a.m. on Mondays, Tuesdays and Wednesdays. The Live Entertainment Hours of Operation shall be: Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 a.m. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor patio area 9:00 a.m. to 5 p.m. Sundays Only 6. Smoking Area: The applicant shall establish a defined smoking area in a portion of the patio area west of the restaurant. The smoking area keep in a clean and sanitary condition. 7. Liquor License: The applicant shall restrict the sale and consumption of alcohol beverages to the interior of the building and the designated patio area. The applicant shall maintain a Type 47, Alcohol Beverage Control liquor license. 8. Food Preparation: To comply with the provisos of the Type 47 Alcoholic Beverage Control (ABC) Liquor License, the applicant shall maintain a bona fide restaurant with regular posted food service hours, consistent with terms of the license. 9. Queuing: Outdoor queuing to enter the restaurant shall be limited to ten persons. The restaurant management shall minimize event queuing by providing adequate ticketing personnel and earlier opening times if events warrant such actions. Planning Commission Resoll1cion No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 5 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 21.30 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. Property Maintenance: The exterior of the area around the building, including the parking area and the sidewalk, shall be cleaned nightly to remove debris litter and graffiti. This shall be completed during the approved business hours. 13. Six-Month and One Year Planning Commission Review of Use Permit (PLN2004-03): This Use Permit (PLN2004-03) shall be reviewed by the Planning Commission upon completion of the first six months' operation and thereafter the first year's operation under its provision to ensure compliance with the imposed Conditions of Approval and to determine that there are no adverse impacts resulting from the Live Entertainment and Late Night Operations on the surrounding area. Police Department 14. 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. 15. Security and Staffing: The applicant shall provide staffing and security personnel for each event with a minimum of one 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. 16. 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. 17. Oueuing: Queued customers shall not exceed ten persons. Management shall provide ticketing procedures to minimize customers from waiting for a performance in front of the restaurant. Planning Commission Resoadion No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 6 Buildin~ Division 18. Permits Required: A building permit application shall be required for any proposed modifications to the (e) commercial structure associated with the current application. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Construction Plan: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 21. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 22. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 23. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for any changes to the conditioning of the building envelope and/or lighting of the building. 24. Non Points Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 25. TITLE 24 Accessibilitv - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 26. TITLE 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. Approval Required: The project requires the following agency approval prior to issuance of the building permit: a. b. Santa Clara County Fire Department Santa Clara County Department of Environmental Health Planning Commission Resú....£Íon No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 7 PASSED AND ADOPTED this 9th day of November, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons and Roseberry Hernandez and Rocha None Alderete APPROVED: George Doorley, Chair ATTEST: Sharon Fierro, Secretary ~~. di . CA<11Þ<9 f:: ~ U r 0 0 ... .>. -s- "- <!' r...' 'O~CH...."Q' ITEM NO.1 CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. November 9, 2004 PLN2004-03 Shadle,G. Public Hearing to consider the application of Mr. George Shader, on behalf of the Kings Head Restaurant, for a Modification to a previous Conditional Use Permit approval (PLN2004-03) to allow late night hours and live entertainment uses within an existing restaurant and pub use on property owned by Mr. Jack Jair located at 201 Orchard City Drive 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 a restaurant and pub, subject to the attached Conditions of Approval. Environmental determination: 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 Net Lot Area: .17 acres 7,278 square feet Total Site Utilization: Building Coverage: Tenant Space: 7,190 square feet 4,611 square feet Main Floor Area: Mezzanine Area: Total Building Area: 3,185 square feet 1,426 square feet 4,611 square feet Proposed Live entertainment Hours of Operation: Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 am. 8:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor seating area 9:00 a.m. to 5:00 p.m.. DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Modification to a previously approved Conditional Use Permit to allow live entertainment and late night business hours (after 11 p.m.) in conjunction with an existing restaurant and pub (The Kings Head) located at 201 East Campbell Avenue. Staff Report - Planning Còmmission Meeting of November 9,2004 PLN2004-03 - 20 I Orchard City Drive - The Kings Head Page 2 The project site is located on the north side of Orchard City Drive between Central Avenue and South First Street in Downtown Campbell. The commercial building is occupied by two restaurant uses. The site is surrounded by commercial uses to the north along East Campbell Avenue, to east by office uses, to the west by commercial uses and to the south by office and restaurant uses. Background: The Planning Commission in 1997 adopted Resolution No. 3118 approving a Conditional Use Permit to allow the establishment of a restaurant/pub within this commercial building. The restaurant and pub has operated at this location since this approval. This commercial building previously had been used as a bar and night club for various businesses. The applicant is requesting approval of a modification to the prior approval to allow live entertainment with late night operational hours. The C-3-S (Central Business District) Zoning Districts allows limited entertainment with standard restaurants, however, live entertainment uses that exceed these provisions require approval of a Conditional Use Permit. Standards for live entertainment in the C-3 zoning district via a Zoning Clearance limits live entertainment to the following: Live entertainment, when clearly ancillary to the restaurant function, is permitted in restaurants subject to the following restrictions: 1. Permitted only in standard restaurants without a separate bar area. A separate bar area is defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages; 2. Maximum of four performers; 3. Hours of nine a.m. to eleven p.m.; 4. Alcoholic beverage service shall be restricted to Type 41 or 47 licenses only from the State Alcoholic Beverage Control Department, and at no time shall off-site sales be allowed. Full food service shall be available during entertainment; 5, Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet from the businesses tenant space. However, in no case may noise from the live entertainment disrupt neighboring businesses; 6. No cover charge may be imposed; 7. Areas for dancing and festival seating are not allowed; 8. If the police department or community development department find that a business is in noncompliance with any of the above conditions, live entertainment shall be prohibited at the site until a live entertainment permit is issued by the city council subject to the requirements set forth by Section 5.24.010(a) et seq. (Live entertainment) of this Zoning Code; Staff Report - Planning Commission Meeting of November 9,2004 PLN2004-03 - 20 I Orchard City Drive - The Kings Head Page 3 The applicant has been notified that approval of a Conditional Use Permit is required to allow an expanded use of their business to providing live entertainment activities and late night operational hours after 11 p.m. ANALYSIS 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 restaurant/pub are 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 restaurant 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 a Modification to the prior Conditional Use Permit. 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 restaurant with a separate bar area and would be operated until 1 :30 a.m., a Modification to the prior Conditional Use Permit is required. The applicant's project description indicates that the live entertainment would consist of a variety of entertainment types including Celtic Bands, Classic Rock Bands, Country Bands and various shows and skits as indicated in the attached operational description, Attachment #3. Two other establishments have received approval of Live Entertainment Permits in the Downtown Area. These approvals include the Campbell Brewing Company and the Gaslighter Theatre. Securitv: Staff is recommending a similar condition of approval for security similar to that recommended for the Gaslighter Theatre. This condition requires one bonded security person for each fifty patrons. Staff Report - Planning Col1lmission Meeting of November 9,2004 PLN2004-03 - 20 I Orchard City Drive - The Kings Head Page 4 Food service: The applicant's maintains a Type 47 Alcohol and Beverage Control (ABC) license for the premises that limited the sales of alcohol to a general on-sale liquor license. This type of license requires that they operate a bona fide eating establishment. Smoking Areas: Staff is recommending that a designated smoking area be identified in the outdoor patio to the west of the restaurant. A Condition of Approval requires that the applicant define a smoking area and requires that this area be maintain in a clean and organized condition. Outdoor Entertainment: The restaurant has established an outdoor patio area to the west of the restaurant. The applicant has indicated that outdoor entertainment will be provided only at Sunday morning brunches. Operational Hours: The Redevelopment Agency has reviewed the application and has recommended that live entertainment events not start until 9:00 p.m. so that such events do not conflict with the dinner hours of the adjacent restaurant use. Consequently, staff is recommending that live entertainment not begin until 9:00 p.m. Monday through Saturday. This change in operational hours is reflected in the conditions of approval. Operational hours are limited Interior Restaurant Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 am. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor seating area 9:00 a.m. to 5:00 p.m. - Sundays Only 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: This property participates in the Downtown Parking District that created the surface parking in front of this building, surface parking around the Water Tower Office complex, and the First Street Parking Garage. Approximately 478 parking spaces are provided within this District. No increase in parking demand is anticipated beyond that anticipated for the existing restaurant and pub. Building Design: No exterior changes are proposed with the establishment of live entertainment. 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 provide for security personnel. 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. Staff Report - Planning Col1lmission Meeting of November 9, 2004 PLN2004-03 - 20 I Orchard City Drive - The Kings Head Page 5 Use Permit Review: Staff is recommending a review by the Planning Commission in the event a verified complaint to the Community Development Director is received. 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. Attachments: 1. Findings for Approval of File No. PLN2004-03 2. Conditions of Approval for File No. PLN2004-03 3. Project Description 4. Exhibits 5. Planning Commission Resolution No. 3118, Conditional Use Permit Approval 6. Location Map Prepared by ~.:.- \ ~ Tim Haley, Associate Planner Approved b~ ~~ e fL 1'. ey, SenIor Planner Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2004-03 SITE ADDRESS: APPLICANT: P.c. MEETING: 201 Orchard City Drive George Shader on behalf of the Kings Head Restaurant November 9,2004 Findings for approval of a Conditional Use Permit to allow late night operational hour and live entertainment within an existing restaurant and pub located at 201 orchard city drive. The Planning Commission finds as follows with regard to file number PLN2004-03: 1. The proposed operational hours and live entertainment within an existing restaurant/pub 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 proposed operational hours and live entertainment within the restaurant are consistent with the guidelines of the Downtown Development Plan in that it supports an 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 and residential uses within the neighborhood. 4. The hours of operation for the live entertainment are limited as follows: Live entertainment Hours of Operation: Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 am. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor seating area 9:00 a.m. to 5:00 p.m. (Sundays Only) 5. Entertainment shall be limited to the following: Live bands: Celtic Bands, Classic Rock Bands and Country Show/Skits: Medieval, Comedy, Murder Mystery, Karaoke 6. The proposed use will not increase parking demand greater than the current restaurant/pub use. 7. The surrounding uses consist of retail and retail service uses to the north, west and office/restaurant uses to the south across Orchard City Drive and offices and restaurant uses to the east. The proposed live entertainment, subject to the conditions of approval, is compatible with the surrounding development and uses. 8. 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. Attachment # 1 Page 2 of2 9. The Police Department has no objections to the proposed project, as conditioned. 10. The Redevelopment Agency has no objections to the proposed project, as conditioned. 11. 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 ofthe project. Attachment # 2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-03 SITE ADDRESS: APPLICANT: P.c. MEETING: 201 Orchard City Drive George Shader on behalf of The Kings Head November 9,2004 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 Planninl! Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-03) to allow live entertainment in conjunction with an existing restaurant/pub at 201 Orchard City Drive. 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 Richard Fish, A.LA. Architect and received by the Planning Division on March 3, 2003, including a site plan and floor plans. b. Project description, prepared by the applicant as indicated below. Occupancy and seating layout shall be consistent with project plans describe above. Types of entertainment shall be restricted to the following: Musical Acts including the following Celtic Bands, Classic Rock Bands and Country Bands Show/Skits: Medieval, Comedy, Murder Mystery, Karaoke 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. Attachment #2 Page 2 of 4 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 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 restaurant and live entertainment shall not be audible to a person of normal hearing capacity from any residential property or adj acent uses. 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: Live entertainment Hours of Operation: Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 a.m. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor patio area 9:00 a.m. to 5 p.m. Sundays Only 6. Smoking Area: The applicant shall establish a defined smoking area in a portion of the patio area west of the restaurant. The smoking area keep in a clean and sanitary condition. 7. Liquor License: The applicant shall restrict the sale and consumption of alcohol beverages to the interior of the building and the designated patio area. The applicant shall maintain a Type 47, Alcohol Beverage Control liquor license. 8. Food Preparation: To comply with the provisos of the Type 47 Alcoholic Beverage Control (ABC) Liquor License, the applicant shall maintain a bona fide restaurant with regular posted food service hours, consistent with terms of the license. 9. Queuing: Outdoor queuing to enter the restaurant shall be limited to ten persons. The restaurant management shall minimize event queuing by providing adequate ticketing personnel and earlier opening times if events warrant such actions. Attachment #2 Page 3 of 4 11. Signing and Advertising: All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 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. Property Maintenance: The exterior of the area around the building, including the parking area and the sidewalk, shall be cleaned nightly to remove debris litter and graffiti. This shall be completed during the approved business hours. POLICE DEPARTMENT 13. 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. 14. Security and Staffing: The applicant shall provide staffing and security personnel for each event with a minimum of one 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. 15. 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. 16. Queuing: Queued customers shall not exceed ten persons. Management shall provide ticketing procedures to minimize customers from waiting for a performance in front of the restaurant. Dundin!! Division 17. Permits Required: A building permit application shall be required for any proposed modifications to the ( e) commercial structure associated with the current application. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 18. Construction Plan: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 19. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 20. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. Attachment #2 Page 4 of 4 21. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 22. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for any changes to the conditioning of the building envelope and/or lighting of the building. 23. Non Points Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 24. TITLE 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 25. TITLE 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 26.Approval Required: The project requires the following agency approval prior to issuance of the building permit: a. b. Santa Clara County Fire Department Santa Clara County Department of Environmental Health Attachment #3 To: City of Campbell From: The Kings Head Re: Entertainment License F or the past 5 1'2 years The Kings Head has been providing tasteful entertainment to a mature clientele within the provisions of our C3 use pennit The Kings Head would like to apply for a live entertainment pennit to allow us to provide our clientele a more extended variety of what we presently provide. One of the main additions to our entertainment program will be the booking of touring classic bands such as the Yardbirds, the Doors, and similar bands that were popular in the Sixties, which our clientele relates to. To book such bands costs a considerable amount of money which requires The Kings Head to sell tickets to the show in order to afford the expense. Please find enclosed application to the Campbell Police Department describing the types of entertainment and proposed hours of operation. The granting of the entertainment pennit will not change the number of employees or generate any additional traffic. Thank You Sam S~I ~ George Shader ~ 'SLU \ The Kings Head 201 Orchard City Drive Campbell 95008 Live Entertainment Permit Application Celtic Bands Classic Rock Bands Country Bands Shows/Skits: Medievil, Comedy, Murder Mystery, Karaoke 1 : 2: Sunday Monday Tuesday Wednesday Thursday Friday Saturday 7pm - 10:00pm 9pm - 1:00am 9pm - 1 :OOam 9pm - 1:00 am 8pm - 1:30 am 8pm - 1:30 am 8pm - 1:30 am 3: Open mike Karaoke Country Open for touring artists Celtic Jam Session Classic Rock Classic Rock F or the past 5 1/2 years we have been providing entertainment at The Kings Head within the provisions of our C3 Use Permit. 4: No, just our good relationship between ourselves, the City and the Police department over the past 5 1/2 years. 5: None. 6: See attached diagram of floor plan. RESOLUTION NO. 3118 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT/PUB WITH A GENERAL ON-SALE LIQUOR LICENSE AND WITH OPERATIONAL OURS AFTER 11 P.M. IN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 33 S. CENTRAL AVENUE IN AN C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. STEPHEN SUMMERSCALES, ON BEHALF OF THE KING'S HEAD RESTAURANT & PUB. FILE NO. UP 97-09. 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 UP 97-09: 1. The proposed liquor license and extended late night hours of operation in conjunction with a full service restaurant are consistent with the commercial land use of the General Plan and the (C-3-S) Central Business District Zoning designation for the site. 2. The existing parking facilities and participation in parking district will result in a project which integrates the proposed uses on site and with the surrounding neighborhood. 3. Adequate parking and circulation has been provided through the participation of the parking district. . 4. The extended operational hours past 11 p.m. and general on sale liquor license with a restaurant use is incidental and customary to the primary restaurant use of the site. 5. The extended operational hours past 11 p.m. subject to the conditions of approval are compatible with uses on site and with adjacent land uses. 6. The establishment will not result in an over concentration of such uses in the area. 7. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 8. The establishment will not significantly disturb the peace and enjoyment of nearby residential neighborhood. 9. The establishment will not significantly increase the demand on city services. Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 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. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area. 3. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval 1. Use Permit. The applicant use shall substantially comply with the restaurant description indicated in the letter submitted by Sam Summerscales, received August 18, 1997, and the project plan submittal received August 1,1997, excepted as herein modified by the conditions of approval. 2. Operational Hours: Operational hours shall be permitted as follows: a) 7:00 a.m. to 12:00 a.m. Sunday through Wednesday. b) 7:00 a.m. to 2:00 a.m. Thursday through Saturday and up to six (6) Holidays. c) Outdoor seating area 7:00 a.m. to 10:00 p.m. daily In the event that complaints are received regarding noise, litter, vandalism, traffic or other factors associated with a late night operation, the Community Development Director (CDD) may limit the operational hours of the proposed use to an 11 :00 p.m. closing time. This action may be appealed to the Planning Commission, but the reduced hours shall be effective immediately upon notification by the CDD. The applicant shall sign an agrèement acknowledging this restriction on operational hours. (Planning Division). 3. Building- Pettnits. The applicant shall obtain all necessary building, mechanical, plumbing and electrical pennits, prior to establishment of the restaurant use. (Building Division) Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 3 4. Alcoho~ Beverage Control. The applicant shall obtain a license from the State Department of Alcohol and Beverage Control, prior to the sale of alcoholic beverages in conjunction with this use pennit.(Planning Division) 5. Business Operation. No separate bar service is permitted except as an ancillary use to the restaurant operation. The applicant shall operate and maintain this use in a manner which is not objectionable, offensive or incompatible with SUITounding uses. Operation of this use in violation of the Use Pennit or City of Campbell standards, codes and ordinances shall be grounds for revocation of the Use Pennit.(Planning) 6. Outdoor Noise: No outdoor audio sound system, music, public address systems, or speakers are pennitted outside. 7. Live Entertainment: Live entertainment is not pennitted with this use pennit, unless such entertainment is clearly ancillary to the restaurant function and when such entertainment complies with the restrictions provided in section 21.25.020(5)(B) of the Campbell Municipal Code. (planning) 8. Landscaping Plan: Four copies of a landscaping plan for improvement of the entrance and the establishment of the outdoor eating area which indicates the type and size of plant materials, location and design of the irrigation system and the provision of planting and landscaping details, to be submitted to the Planning Division and approved by the Community Development Director, prior to the issuance of building permits. Landscape Plan to include the following: a. Paving Details b. Screen wall details c. Planting and irrigation plan d. Grading and drainage details e. Lighting details 9. Perfonnance Bond: Applicant to install landscaping prior to building occupancy or post a faithful perfonnance bond in the amount of $5000.00 to ensure the installation of landscaping, irrigation, screen walls and paving associated with entry improvements, outdoor eating area and trash enclosure area, within 45 days of building occupancy.(Planning) Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 4 10. Seating: Seating and occupancy: Interior seating to be limited to 125 seats (98 restaurant/27 bar) and 16 exterior seats. Additional seating to a maximum of 40 seats may be provided outside, if the number of interior seats is reduce accordingly. (Planning) 11. Revised Elevations: The applicant, prior to the issuance of building permits, shall submit revised elevations for approval of the Site and Architectural Review Committee upon the recommendation of the Architectural Advisor. Revised elevations to provide a simple gable design over the building entrance and to provide a transition between the south and west elevations. (planning) 12. Trash Enclosure Area: Applicant to provide a screened trash enclosure area west of the outdoor seating area. At a minimum, the trash enclosure area shall accommodate the trash and recycling needs of the two restaurants on the property and shall have a concrete floor with sight obscuring walls of 6 feet. The trash enclosure design and location shall be approved the Community Development Director. (planning) 13 Signs: Sign application to be submitted in accordance with the provisions of the Sign Ordinance for all signs. No signage to be installed until application is approved and permit issued by the Planning and Building Divisions.(Section 21.53 of the Campbell Municipal Code. (Planning) Equipment Screening: All new mechanical equipment on the roof and all utility meters to be screened as required by approval of the Community Development Director. A screening plan to be submitted for Director approval prior to the issuance of building pennits.( Planning) PUBLIC WORKS 15. Licensimz Agreement of Use ofParkin~ District: Prior to obtaining the building pennits, applicant must provide evidence that the tenant has completed a licensing agreement for the use of the parking district property to the satisfaction of the City Attorney and the Public Works Director. 14. 16. Grading and Drainage Plans for Outside Seatine Area: Provide engineered grading and drainage plans for the outside seating area for review by the City Engineer, including relationships to adjacent properties. 17. Encroachment Permits: Prepare plans, pay fees, post deposits and sureties as required to obtain an encroachment permit for all work in the parking district and public properties, including any revisions to parking lot striping. Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 5 BUILDING DIVISION 18. Handicapped Accessible Bathrooms: disabled accessible. Per UBC 1105, the bathrooms must be made 19. Men's Bathroom: The men's bathroom requires a minimum of two (2) toilets. Substitute one toilet for one of the urinals per UPC App C. 20. Mezzanine Hei~t: The structural beams in the mezzanine are 6'8" above the floor. Mezzanines require a clear height of seven (7) feet. A Building Official exemption required perUBC 507. 21. County Health DC!'artment Approval: Plans for final submittal must be approved by the County Health Department and be designed by a licensed Architect or Engineer. FIRE DISTICT 22. Non-Confonnance with Codes: Upstairs exiting and construction appears to be non- confonning to applicable codes. A review of exiting and ceiling clearance between the City of Campbell Building Department and this department will be necessary to finalize this review. Contact this department at (408) 378-4010, ext. 20, to schedule a site inspection appointment. PASSED AND ADOPTED this 9111 day of September, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners : Commissioners : Commissioners: Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None ATTEST: L ~ APPROVED: ~/ _.¿¿..yA Síisan A. Kearns, Chair - October 29, 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, November 9, 2004, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. George Shader, on behalf of The Kings Head Restaurant, for a Conditional Use Permit (PLN2004-03) to allow live entertainment and late night operational hours in conjunction with an existing restaurant and pub (The King's Head) on property owned by Mr. Jack Jair located at 201 Orchard City Drive in a 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. PLN2004-03 Addresses: 201 Orchard City Drive 70NorthFirstStreet. Campbell,California95008-1436. IEL408.866.2140. FAX408.871.5140. 11)])408.866.2790 June 17,2004 Stephen Summerscales and George Shader The Kings Head 201 Orchard City Drive Campbell, CA 95008 Re: Conditional Use Permit Modification- Live Entertainment Permit File No.: PLN 2004-03 201 Orchard City Drive - The King's Head Dear Mr. Summerscales and Shader: The Planning Division previously sent you a letter on February 2, 2004, requesting the following informationto complete your application: I. Application: Please provide the signature of the property owner on the Development Application form, Please do not hesitate to contact me at (408) 866-2144, if you would like to discuss this application further or if you need clarification regarding any of the requested information. ~\ ( ~Ihr Tim 1. Haley Associate Planner cc: Geoff Bradley, Senior Planner Kirk Heinrichs, Redevelopment Manager Arthur Markham, Sergeant Jack Jair, 901 Stockton Street, San Francisco, CA 94108 70 North First Street CampbeIJ, California 95008-1436 . TEL 408.866.2 40 FAX 408.866.8381 TOO 408.866.2790 February 2, 2004 Stephen Summerscales and George Shader The Kings Head 294 Sposito Circle San Jose, CA 95136 Re: Conditional Use Permit Modification- Live Entertainment Permit File No.: PLN 2004-03 201 Orchard City Drive - The King's Head Dear Mr. Summerscales and Shader: The Planning Division has reviewed your application for a Modification to a previous Conditional Use Permit to allow live entertainment and late night hours in conjunction with the existing pub and restaurant located at 201 Orchard City Drive. Your application was routed for review by staff. Based upon this review, staff has concluded that the application is not complete. The following additional information and details are needed in order to deem your application complete and schedule it for the Planning Commission's consideration: 1. Application: Please provide the signature of the property owner on the Development Application form and; 2. Photographs: Please provide photos of the business as well as the surrounding businesses and neighborhood.. Please do not hesitate to contact me at (408) 866-2144, if you would like to discuss this application further or if you need clarification regarding any of the requested infonnation, Tim J. Haley Associate Planner cc: Geoff Bradley, Senior Planner Kirk Heinrichs, Redevelopment Manager Arthur Markham, Sergeant Jack Jair, 901 Stockton Street, San Francisco, CA 94108 70 North First Street Campbell, CaJ¡fornia 95008-1436 rEL 408.866.2140 I-AX 408.871.5í40 . Tim 408.866.2790 November 6, 2002 Robert Sylvia District Administrator Alcoholic Beverage Control 100 Paseo de San Antonio # 119 San Jose, CA 95113 RE: Address Change - The King's Head Pub & Restaurant 201 Orchard City Drive - APN: 412-07-32 Dear Mr. Sylvia: The City of Campbell has previously assigned an address change to the above referenced restaurant from 33 S. Central Avenue to 201 Orchard City Drive. This request was granted based upon the determination that this restaurant is facing Orchard City Drive and is accessed across a public parking area along this street frontage. If you should have any questions regarding this address change, you may contact me at (408) 866- 2144. Sincerely, Tim Haley Associate Planner cc: Bill Bruckart. Building Official The King's Head Pub and Restaurant. 201 Orchard City Drive, Campbell. CA J :\Correspondence\K.ing's Head Address- ABC.doc 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDJ) 408.866.1790