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Use Permit - 2004 AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None 13. Live Entertainment Permit - Cardiff Lounge - 260 E. Campbell Avenue (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider a Live Entertainment Permit for the Cardiff Lounge located at 260 E. Campbell A venue. Police Chief Gullo - Staff Report dated March 21, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Kennedy closed the public hearing. City Attorney Seligmann noted for the record that a revised resolution including additional Findings was distributed for the City Council's consideration. M/S: Burr/Watson - that the City Council adopt Resolution 10474 approving a Live Entertainment Permit for the Cardiff Lounge located at 260 E. Campbell Avenue subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None UNFINISHED BUSINESS There were no agendized items. NEW BUSINESS There were no agendized items. COUNCIL COMMITTEE REPORTS 14. City Councilmember Reports --Councilmember Furtado reported on the National League of Cities Conference and requested that the Council Meeting be adjourned in memory of Mary Lou Zoglen, former Mountain View City Councilmember and Mae Jackson, Mayor of Waco, Texas. Minutes of 3/21/05 City Council Meeting 5 0\ . CAII1 " --:'<5> £' ~ U r CAMPBELL "- , v °RCH^R"" CITY OF CAMPBELL Community Development Department "~ December 16, 2004 Sam Ramirez 265 Shadow Dance San Jose, CA 95110 Re: PLN2004-63 - 260 E. Campbell Avenue - Use Permit - Cardiff Lounge Dear Applicant: Please be advised that at its meeting of December 14, 2004, the Planning Commission adopted Resolution No. 3618 approving a Conditional Use Permit to allow late night activities and live entertainment 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, December 24, 2004. The time within which judicial review of this 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, St~:: CUt I~ Planner I cc: Ed Arango, Public Works Frank Mills, Building Ryan Rucker, County Fire Art Markham, Police Department Robert Raffanti (Property Owner) 1711 Marseilles Court San Jose, CA 95138 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2 40 ~Ax408.871.5140. 11)1)408.866.2790 RESOLUTION NO. 3618 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-63) TO ALLOW LATE NIGHT ACTIVITIES AND LIVE ENTERTAINMENT IN AN EXISTING BAR ON PROPERTY OWNED BY MR. ROBERT RAFFANTI LOCATED AT 260 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. SAM RAMIREZ, ON BEHALF OF THE CARDIFF LOUNGE. FILE NO. PLN2004-63. 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 PLN2004-63. 1. The proposed late night activities and live entertainment in conjunction with the existing bar is consistent with the Central Commercial General Plan land use designation. 2. The proposed late night activities, occurring between 11 :00 p.m. and 6:00 a.m., and live entertainment in conjunction with the existing bar will be compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 6,720 square foot lot, developed with 4,619 square feet of building area, zero square feet of landscaping, and 2,101 square feet of paving. 4. The project site is located on the south side of East Campbell Avenue. between South First Street and South Second Street. The property is surrounded by commercial uses on the north, east and west sides, and a parking lot to the south. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities and live entertainment. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 12:00 p.m. to 2:00 a.m. daily and the hours for live entertainment shall be restricted to 9 p.m. to 1 :30 a.m. daily. 9. The types of live entertainment offered at the establishment would consist of live D.J.' s, three piece bands, and karaoke. 10. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Permit - Late Hours/Live Entertainment Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Pennit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in tenus of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. 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. 8. 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 Pennit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property owned by Mr. Robert Raffanti located at 260 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District, subject to the following conditions: Where approval by the Director of Community 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. Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Pennit - Late Hours/Live Entertainment Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planninf! Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property located at 260 E. Campbell Avenue. The project shall substantially confonn to the plans and project description received by the Planning Division on November 19, 2004, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: a. 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 the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. b. This Conditional Use Pennit will be reviewed by the Planning Commission in six months. 3. Revocation of Penn it: 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. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Trash and Recycling Enclosure: The applicant/property owner shall submit a building permit for the construction ofa new trash and recycling enclosure(s) within three months of the date of Planning Commission approval. The design and location of the enclosure shall be to the satisfaction of the Community Development Director. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 6. Recordation of Covenant: The applicant/property owner shall record a covenant that stipulates that the businesses located in the building located on parcel number 412-06-033 shall have the shared right to use the parking spaces located on the separate properties known as parcel number 412-06-035 and 412-06-081 for the life of the building. This document Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Permit - Late Hours/Live Entertainment Page 4 shall be recorded within three months of the date of Planning Commission approval and proof of the recorded document shall be submitted to the Planning Division. 7. Signin~ and Advertising: No signage is approved as part of the development application approved herein. All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. The posting of flyers and posters on public property is prohibited. The business owner shall be considered responsible for these po stings, if they occur, and shall cause their immediate removal. Failure to comply may result in Revocation ofthe Conditional Use Permit. 8. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 10. 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 the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Back Door: The back door to the business leading to the rear parking area shall be closed at all times during business hours. d. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean shall be done between 12 p.m. to 6 p.m. daily. 11. Business Operational Hours: The operational hours shall be limited to 12:00 p.m. to 2:00 a.m. seven days a week. The 2 a.m. closing shall mean that the business is closed and shuttered with no activity. Hours of operation will include the conclusion of liquor sales at 1:30 a.m. 12. Live Entertainment Hours: The live entertainment hours shall be limited to 9 p.m. to 1:30 a.m. seven days a week. 13. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 of the Campbell Municipal Code. Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Pennit - Late Hours/Live Entertainment Page 5 POLICE DEPARTMENT 14. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the Police Department consistent with Chapter 5.24 of the Campbell Municipal Code prior to the establishment of live entertainment on site. 15. Security and Staffing: The owner/operator of the subject property shall provide one bonded, certified (guard card), uniformed, security guard for every 50 patrons in conjunction with the live entertainment events. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: NOES: ABSENT: ABST AIN: Commissioners: Commissioners: Commissioners: Alderete, Roseberry None None None Doorley, Francois, Gibbons, Rocha and AYES: Commissioners: AITEST:g~ ~ Sharon Fierro, Secretary ITEM NO.3 -\,~. O~ . CA41A(9 !::: ~ U f"" 0 0 ... .... -s. " ~ (.,' . O~CH"""\)' CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. December 14, 2004 PLN2004-63 Ramirez, S. Public Hearing to consider the application of Mr. Sam Ramirez, on behalf of The Cardiff Lounge, for a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property owned by Mr. Robert Raffanti located at 260 E. Campbell Avenue in the C-3 (Central Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: 6,720 square feet (0.15 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 4,619 square feet (69%) 0 square feet (0%) 2,101 square feet (31 %) Subject Tenant Space: 1,900 square feet Proposed Hours of Operation: Seven days a week 12:00 p.m. to 2:00 a.m. Proposed Live Entertainment Hours: Seven days a week 9 p.m. to 1:30 a.m. Surrounding Uses: North: South: East: West: Commercial Parking Lot Commercial Commercial Staff Report - Planning CouúI1ission Meeting of December 14, 2004 PLN2004-63 - 260 E. Campbell Avenue Page 2 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Pennit to allow late night activities and live entertainment in an existing bar (The Cardiff Lounge) located at 260 E. Campbell Avenue. Background: The subject property is currently developed with a single-story, multi-tenant, commercial building constructed in approximately 1947. There are currently three tenant spaces in the building. The Cardiff Lounge (formerly the Bee Hive Lounge) occupies one of the tenant spaces and has been in its current location for approximately 30 years. Project Location: The project site is located on the south side of East Campbell Avenue, between South First Street and South Second Street. The property is surrounded by commercial uses on the north, east and west sides, and a parking lot to the south. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial. The proposed late night operational hours and live entertainment in conjunction with the existing bar is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is C-3 (Central Business District). The C-3 Zoning District allows late night activities, occurring between 11 :00 p.m. and 6:00 a.m., and live entertainment with approval of a Conditional Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Late Night Operational Hours: On April 3, 2001 the City Council adopted Ordinance No. 2002, which is intended to eliminate non-permitted late night uses. The ordinance requires businesses in the City's commercial zoning districts to obtain a Conditional Use Permit to operate between 11 :00 p.m. and 6:00 a.m. Even businesses that were previously "grand fathered" are required to comply with the standard hours of operation or obtain a Conditional Use Permit from the Planning Commission for late night operations. The Ordinance provided for a two year grace period which gave businesses time to get their Use Permit applications into the City or modify their hours of operation. The two year grace period expired on May 3,2003. The applicant is requesting approval to operate between the hours of 12:00 p.m. to 2:00 a.m., seven days a week. The applicant has indicated in the attached business description (Attachment #3) that the bar currently operates until 2:00 a.m. with liquor finished being served at 1 :30 a.m. and the building emptied by 2:00 a.m. The applicant is requesting approval to maintain the existing hours of operation this bar has operated under for approximately 30 years. Staff has compiled in the attached table (Attachment #4) information about the other similar businesses in Downtown Campbell that have approval to operate past 11 :00 p.m. and have approval for live entertainment. Staff is not proposing to modify the requested hours of operation because the business is primarily surrounded by other commercial uses and is a sufficient distance from any residential uses that would be burdened by adjacent late night operations. Staff is recommending two Staff Report - Planning Com._.ission Meeting of December 14,2004 PLN2004-63 - 260 E. Campbell Avenue Page 3 conditions of approval that require the back door to be closed at all times during business hours and that no loitering be allowed in the parking lot behind, or to the side of the business. Live Entertainment: Live entertainment is permitted within the C-3 Zoning District, subject to the approval of a Conditional Use Permit and approval of a Live Entertainment Pennit by the City Council. The applicant is proposing to have live entertainment in conjunction with the Cardiff Lounge business seven days a week between the hours of 9:00 p.m. and 1 :30 a.m. The attached project description (Attachment #3) indicates that the types oflive entertainment offered at the establishment would consist oflive D.J.'s, three piece bands, and karaoke. Use Permit Review: Staff is recommending a condition of approval that allows for the review of the Conditional Use Permit by the Planning Commission if verified noise complaints are received as a result of the live entertainment or late night operational hours. If staff is unable to immediately resolve the matter with the business owner/operator, the Community Development Director 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. Exterior Modifications: No exterior modifications to the building are proposed in conjunction with the proposed application. Staff is recommending a condition of approval that requires the applicant to provide a new trash/recycling enclosure in the parking lot behind the building within three months of the date of approval. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections to the proposed late night operational hours and live entertainment at this location. They have recommended that two conditions of approval be added which require that the applicant process a Live Entertainment Permit with the Police Department and provide one bonded, certified (guard card), uniformed, security guard for every 50 patrons in conjunction with the live entertainment. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no proposed changes to the exterior of the building or site configuration. Attachments: 1. Findings for Approval of File No. PLN2004-63 2. Conditions of Approval for File No. PLN2004-63 3. Applicant's Business Description 4. Downtown Businesses Table 5. Exhibits 6. Location Map Staff Report - Planning Commission Meeting of December 14, 2004 PLN2004-63 - 260 E. Campbell Avenue Page 4 Prepared by: Approved by: Attachment # 1 FINDINGS FOR APPROV AL OF FILE NO. PLN2004-63 SITE ADDRESS: APPLICANT: P.C. MEETING: 260 E. Campbell Avenue Sam Ramirez on behalf of The Cardiff Lounge December 14, 2004 Findings for approval of a Conditional Use Permit to allow late night activities and live entertainment in an existing bar on propertv located at 260 E. Campbell Avenue. The Planning Commission finds as follows with regard to file number PLN2004-63: 1. The proposed late night activities and live entertainment in conjunction with the existing bar is consistent with the Central Commercial General Plan land use designation. 2. The proposed late night activities, occurring between 11 :00 p.m. and 6:00 a.m., and live entertainment in conjunction with the existing bar will be compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 6,720 square foot lot, developed with 4,619 square feet of building area, zero square feet of landscaping, and 2,101 square feet of paving. 4. The project site is located on the south side of East Campbell Avenue, between South First Street and South Second Street. The property is surrounded by commercial uses on the north, east and west sides, and a parking lot to the south. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities and live entertainment. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 12:00 p.m. to 2:00 a.m. daily and the hours for live entertainment shall be restricted to 9 p.m. to 1 :30 a.m. daily. 9. The types of live entertainment offered at the establishment would consist of live D.J.' s, three piece bands, and karaoke. 10. 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: 1. The proposed project is consistent with the General Plan. Attachment # 1 Page 2 of2 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity ofthe subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. 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. 8. 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. PLN2004-63 SITE ADDRESS: APPLICANT: P.C. MEETING: 260 E. Campbell Avenue Sam Ramirez on behalf of The Cardiff Lounge December 14, 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. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannin2: Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property located at 260 E. Campbell Avenue. The project shall substantially conform to the plans and project description received by the Planning Division on November 19, 2004, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit 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 the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: 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. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Trash and Recycling Enclosure: The applicant/property owner shall submit a building permit for the construction of a new trash and recycling enclosure(s) within three months of the date of Planning Commission approval. The design and location of the enclosure shall be to the satisfaction of the Community Development Director. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the Attachment #2 Page 2 of 3 designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 6. Recordation of Covenant: The applicant/property owner shall record a covenant that stipulates that the businesses located in the building located on parcel number 412-06-033 shall have the shared right to use the parking spaces located on the separate properties known as parcel number 412-06-035 and 412-06-081 for the life of the building. This document shall be recorded within three months of the date of Planning Commission approval and proof of the recorded document shall be submitted to the Planning Division. 7. Signing and Advertising: No signage is approved as part of the development application approved herein. All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. The 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. 8. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 10. 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 the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Back Door: The back door to the business leading to the rear parking area shall be closed at all times during business hours. 11. Business Operational Hours: The operational hours shall be limited to 12:00 p.m. to 2:00 a.m. seven days a week. 12. Live Entertainment Hours: The live entertainment hours shall be limited to 9 p.m. to 1:30 a.m. seven days a week. 13. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 of the Campbell Municipal Code. Attachment #2 Page 3 of 3 POLICE DEPARTMENT 14. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the Police Department consistent with Chapter 5.24 of the Campbell Municipal Code prior to the establishment of live entertainment on site. 15. Security and Staffing: The owner/operator of the subject property shall provide one bonded, certified (guard card), uniformed, security guard for every 50 patrons in conjunction with the live entertainment events. Attachment #3 Written StatementlProiect Summary for the Cardiff Loune:e In order to secure my use permit for The Cardiff Lounge, I am providing a written statement describing the requested project in detail and giving reasons why this application should be granted. Descriotion: The Cardiff Lounge is an upscale, swanky lounge/bar with award winning DJ's voted Best in the Bay Area. Reasons for Grantine: the Use Pennit: The Cardiff Lounge has been an established business in Campbell, CA for over 20+ years. Recently renovated in January 2003 by new management and ownership, we pride our selves on delivering excellent service and the way we operate our business with professionalism. We have a proven track record of success and to date have not had any problems with the city or local neighbors. We have established and maintained great working relationships with the local police department and have continued to be very conscious and sensitive to the community and it's needs. We are constantly in regular contact with the neighbors who are in close proximity to us and we have established an open line of communication if there are any problems or issues. We have advised them that they can call me direct on my cell phone at any time and they are aware that it is my goal/intent to be a good neighbor. Nature of Use: Late night hours, live entertainment, sale of alcohoL DJ's!sounds. There will be NO cover charge imposed for the above stated items. The protocol for late night hours closing is as follows: Liquor is finished being served at 1:30 am All music is turned off and house lights are turned on at 1 :45 am The building is cleared and empty by 2:00 am Type of live entertainment: 3 piece bands and Karaoke The live entertainment will end at 1 :00 am There will be live entertainment 2 days a week NO HEAVY METAL or HIP-HOP Type ofDJs Lounge, rare groove, soulful, jazzy house There will be DJs 5 days a week Dancing on occasion NO HIP-HOP ff}. .",Þ... r~. .,þ...,~;, nl.::;:J\~:,I=l' . ~ ._, i J)i Tvoe of ODe ration: Bar and Lounge h. 'f 1. 9 2004 cnv 0;: Gf,\,..I.j~LL PU\í\:¡.m~c. i~ Potential Traffic Generation: None. Plenty of parking is available. Hours of operation: Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12:00 pm to 2:00 am 12:00 pm to 2:00 am 12:00 pm to 2:00 am 12:00 pm to 2:00 am 12:00 pm to 2:00 am 12:00 pm to 2:00 am 12:00 pm to 2:00 am Number of Emplovees per Shift: Day Shift Early Evening Shift Evening Shift #1 #1-3 increases on Thursday - Saturday #3-6 increases on Thursday - Saturday Potential Concerns: 1. Late night noise. Solution - Once all customers have exited the building, security will also clear the parking lot of any individuals who are loitering and will end any potential noise problems. 2. Additional noise due to staff clean up, trash and recycling. Solution - All trash will be removed fÌ'om the building in the morning as well as clean up and janitorial. Thank you for your consideration Sam Ramirez Jr