Modification to UP - 2000Staff
Initiated
ITEM NO. 3
STAFF REPORT - PLANNING COMMISSION MEETING OF
August 14, 2OOl
Request for a Planning Commission determination that a billiards use is similar
to other uses permitted with a Conditional Use Permit in the C-1 (Neighborhood
Commercial) Zoning District pursuant to Section 21.59.070 of the Campbell
Municipal Code.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, finding that a billiards establishment
is not a conditionally permitted use in the C-1 (Neighborhood Commercial) Zoning District.
ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt from the California Environmental Quality Act (CEQA),
hence, no environmental action is required.
APPLICANT' S PROPOSAL
The Community Developmem Department received a request from the owners of Champions
Pool & Games to establish a billiards and arcade establishment in a shopping center zoned for C-1
(Neighborhood Commercial) uses.
ANALYSIS
Billiards establishments have been allowed with a Conditional Use Permit in the C-2 (General
Commercial) Zoning District under Section 21.24.030(d), which requires a Use Permit for
"Amusement enterprises including bowling alleys, dance halls, games of skill, and arcades." The
terms "amusement enterprises" and "games of skill" have been interpreted by the Community
Development Director to include the above-listed activities as well as a billiards hall.
Amusement emerprises are not listed as a permitted use nor as a conditionally permit use in the C-
1 (Neighborhood Commercial) Zoning District. The applicant has asked that a billiards
establishment be considered as a conditionally permitted use in the C-1 (Neighborhood
Commercial) Zoning District, reasoning that the use is similar to other listed uses in the zoning
district.
The Planning Commission is given authority to make such determinations under section 21.59.070
of the Campbell Municipal Code. However, this section does not permit the Planning
Commission to make a determination regarding an allowed use in a specific zoning district, when
Staff Report - Planning Commission Meeting of August 14, 2001
C-1 (Neighborhood Commercial) Zoning District Determination
Page 2
that use is permitted in a less restrictive zoning district. This means that if a use is specifically
permitted in the C-2 Zoning District but is not permitted in the C-1 Zoning District, then the
Planning Commission cannot permit the use in the C-1 Zoning District. Since the code does not
specifically state "billiards establishments" but instead "amusement enterprises" and "games of
skill", the applicant requests that a determination be made whether the billiards use would be
permitted with a Conditional Use Permit. The Planning Commission would be required to find
that the use is "similar to the uses listed in the same section and are not more objectionable to the
general welfare." (CMC 21.59.070)
If the Planning Commission finds that it is similar to uses specified in the C-1 district, future
applications in any C-1 district would be considered as a use requiring a conditional use permit.
Conditionally allowed uses are those that are generally allowed in a district but usually require the
adoption of conditions of approval to mitigate potential nuisance characteristics.
The Community Development Director reviewed the request and on June 4, 2001 the applicant
was sent a letter noting the inability of the C-1 (Neighborhood Commercial) Zoning District to
accommodate a billiards establishment, absent action by the Planning Commission finding it is a
similar to other permitted or conditionally permitted use allowed in the zone. The applicant has
requested that the Community Development Director's decision be reviewed by the Planning
Commission.
ZONING PURPOSE AND PLANNING COMMISSION AUTHORITY
The Zoning Ordinance provides a list of uses allowed in each Zoning District. Permitted uses are
those that contain few potential nuisance characteristics and may occupy any tenant space in a
district, as long as other development standards are met (parking, hours of operation, etc.)
Conditionally permitted uses are also listed for each zone and require the approval of a
Conditional Use Permit by the Planning Commission. These uses may or may not be appropriate
in all locations in a district and are evaluated on a case-by-case basis to determine if there will be
impacts on adjacent properties from establishment of the use. The proposed business and/or
operational plans are evaluated for impacts such as noise and traffic congestion. Potential impacts
are mitigated through the adoption of Conditions of Approval to avoid adversely affecting
adjacent property owners and tenants.
ANALYSIS OF PERMITTED USES
Staff has reviewed specific uses permitted within the C-1 (Neighborhood Commercial) Zoning
District. The Neighborhood Commercial district is intended to provide for the commercial needs
of neighborhood areas of the city and to promote stable, attractive commercial development that
will be compatible with neighboring residential uses (CMC 21.22.010). Permitted uses include
personal services and neighborhood-serving retail.
Other more intensive uses are allowed with the approval of a Conditional Use Permit. Several of
these uses share characteristics with the proposed billiards use, including:
Staff Report - Planning Commission Meeting of August 14, 2001
C-1 (Neighborhood Commercial) Zoning District Determination
Page 3
· Arcade
· Dancing and Entertainment
· Late night uses occurring between 11:00 p.m. and 6:00 a.m.
· Liquor establishments
Billiards establishments are typically open until at least midnight, serve beer and wine, and draw a
late-night crowd. Conflicts have arisen in the past where late-night uses interfere with nearby
residential uses, and the goal of requiring a Conditional Use Permit is to identify and mitigate any
foreseeable problems.
The purpose of the C-2 zoning district is "to provide a wide range of retail sales and personal and
business services primarily oriented to the automobile customer to provide for general commercial
needs of the city and to promote stable, attractive commercial development which will afford a
pleasant shopping environment." Staff finds that this is the appropriate zoning district for a
billiards establishment, as provided for in the zoning code (CMC 21.24.030).
Attachments
1. Findings that a billiards establishment is not
(Neighborhood Commercial) Zoning District
2. Findings that a billiards establishment is a
(Neighborhood Commercial) Zoning District
3. Request for zoning determination dated 5/01/01
4. Reply from Community Development Director dated 6/04/01
5. Appeal letter requesting Planning Commission review dated 6/30/01
6. Relevant Zoning Code sections
a conditionally permitted use in the C-1
conditionally permitted use in the C-1
Submitted by:
Kristi Bascom, Planner I
Reviewed by:
GeoffI. Bradley, Senior Planner
Attachment 1
FINDINGS THAT A BILLIARDS ESTABLISHMENT IS NOT A CONDITIONALLY
PERMITTED USE IN THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT
APPLICANT:
DATE:
Staff-Initiated
August 14, 2001
Findings for De,iai for a Planning Commission determination that a billiards establishment is not
similar to other uses permitted in the C-1 (Neighborhood Commercial) Zoning District.
The Planning Commission finds as follows with regard to the C-1 (Neighborhood Commercial)
Zoning District:
1. A billiards establishment is not similar to other uses permitted in the C-1 (Neighborhood
Commercial) Zoning District, such as an arcade, dancing and entertainment, late night uses
occurring between 11:00 p.m. and 6:00 a.m., or liquor establishments, which are allowed
subject to the approval of a Conditional Use Permit.
2. A billiards establishment is not similar in intensity to other uses permitted with a Conditional
Use Permit in the C-1 (Neighborhood Commercial) Zoning District.
Permitting a billiards establishment in a C-1 (Neighborhood Commercial) Zoning District with
the approval of a Conditional Use Permit is not in keeping with the intent and purpose of the
C-1 (Neighborhood Commercial) Zoning District.
4. The requirement for approval of a Conditional Use Permit will not ensure the compatibility of
such proposed uses with the surrounding community.
5. The Conditional Use Permit procedure will not allow the Planning Commission an opportunity
to review the compatibility of a billiards establishment at a specific location and to ensure that
an over-concentration of such uses does not result.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. Upon approval of a Conditional Use Permit, the establishment of a billiards establishment in a
C-1 (Neighborhood Commercial) Zoning District will 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. A billiards establishment is not similar to other uses allowed in the C-1 (Neighborhood
Commercial) Zoning District, subject to the approval of a Conditional Use Permit.
3. A billiards establishment, subject to the approval of a Conditional Use Permit, would not be
compatible with the General Plan of the City and would not aid in the harmonious
development of the City.
Attachment 2
FINDINGS THAT A BILLIARDS ESTABLISHMENT IS A CONDITIONALLY
PERMITTED USE IN THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT
APPLICANT:
DATE:
Staff-Initiated
August 14, 2001
Findings for Approval for a Planning Commission determination that a billiards establishment is
similar to other uses permitted in the C-l(Neighborhood Commercial) Zoning District.
The Planning Commission finds as follows with regard to the C-1 (Neighborhood Commercial)
Zoning District:
1. A billiards establishment is similar to other uses permitted in the C-1 (Neighborhood
Commercial) zomg District, such as an arcade, dancing and entertainment, late night uses
occurring between 11:00 p.m. and 6:00 a.m., or liquor establishments, which are allowed
subject to the approval of a Conditional Use Permit.
2. A billiards establishment is similar in intensity to other uses permitted with a Conditional Use
Permit in the C-1 (Neighborhood Commercial) zomg District.
3. Permitting a billiards establishment in a C-1 (Neighborhood Commercial) Zoning District with
the approval of a Conditional Use Permit is in keeping with the intent and purpose of the C-1
(Neighborhood Commercial) Zoning District.
4. The requirement for approval of a Conditional Use Permit will ensure the compatibility of
such proposed uses with the surrounding community.
5. The Conditional Use Permit procedure will allow the Planning Commission an opportunity to
review the compatibility of a billiards establishment at a specific location and to ensure that an
over-concentration of such uses does not result.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. Upon approval of a Conditional Use Permit, the establishment of a billiards establishment in a
C-1 (Neighborhood Commercial) Zoning District 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. A billiards establishment is similar to other uses allowed in the C-1 (Neighborhood
Commercial) Zoning District, subject to the approval of a Conditional Use Permit.
3. A billiards establishment, subject to the approval of a Conditional Use Permit, will be
compatible with the General Plan of the City and will not aid in the harmonious development
of the City.
06/30/01
Campbell City Planning Commission and Campbell City Council:
Richard/kal and myself~ Phil Schlaefer, are formally appealing the decision by the Community
Development Director, Sharon Fierro. We would request to be heard on this matter before the Planning
Commission and if necessary, the City Council as well, if this matter is out of the Planning Commission's
power to approve.
We feel allowing us to r~-locate to the property at San Tomas Aquino and Campbell Ave. in the
Wing Shopping Center will solve many current zone problems. It would also show the City's sensitivity
and creativity to the neighborhood needs in our current location at 2097 S. Bascom Ave. We believe our
business would be a far greater asset to the City re-locating to the aforementioned location at San Tomas
Aquino and Campbell Ave.
On a distressing note, we feel we cannot continue a viable business in Campbell with the
inhospitable conditions with our landlord and the unapproved and unlicensed Axxess Limousine Company
occupying the basement section of our building, at 2097 S. Bascom Ave.
Thank you for your consideration on this matter
Sincerely,
Campbell, Cal. 95008
CITY OF CAMPBELL
Community Development Department - Current Planning
June 4,2001
Mr. Phil Schlaefer
Champions Pool & Games
2097 S. Bascom Avenue
Campbell, CA 95008
Re: Zoning Interpretation
Billiard Room and Games of Skill in C-1-S Zoning District
Dear Mr. Schlaefer,
Please accept this letter as a written response to your inquiry of May 1,2001,wherein you expressed
interest in relocating your business from 2097 S. Bascom Avenue to 1581 W. Campbell Avenue.
As you are aware, the property located at 1581 W. Campbell Avenue is zoned C-1-S (Neighborhood
Commercial). Amusement enterprises are not listed as a permitted use nor as a conditional permit use, in
the C-1-S Zoning District. You have asked that a billiard room be considered as a conditionally permitted
use, in the C-1-S zoning district, pursuant to the category of other uses similar to other listed uses in the
zoning district, as determined by the Planning Commission (section 21.59.070).
The Planning Commission is given authority to make such determinations under section 21.59.070 of the
Campbell Municipal Code. However, this section does not permit the Planning Commission to make a
determination regarding an allowed use in a specific zoning district, when that use is permitted in a less
restrictive zoning district. This means that if a use is permitted in the C-2-S Zoning District, than the
Planning Commission cannot permit it in the C-1-S Zoning District.
Amusement enterprises and games of skill (such as billiard rooms) are permitted in the C-2-S (General
Commercial) Zoning District, subject to a conditional use permit. Consequently, the Planning Commission
cannot consider adding amusement enterprises to the list of permitted use in the C-!-S (Neighborhood
Commercial) Zoning District.
If you should have any questions regarding this determination, please do not hesitate to call me, at 866-
2140.
Sincerely,
Community Development Director
cc: Dave Gullo, Police Chief
70 North First Street . Campbell, California 95008-1436 · TEl_ 408.866.2140 . FAX 408.866.838 I - TDD 408.866.2790
' o,~ C H .A ~.o °
FACSZMZLE
Attn:
From:
Date:
Re:
No. pages
Phil Schlaefer
Kristi Bascom
City of Campbell Community Development Department
Phone 408-866-2142
May 1, 2001
Zoning for Video Mania
i (including this one)
I checked into the zoning for the center across Campbell Avenue from Kirkwood Plaza to
see if it could accommodate Champions. The Zoning is C-1 (Neighborhood Commercial),
which does not allow for "amusement enterprises" (pool, bowling, or arcades) in the
same way the C-2 (General Commercial) does. One center you might look into is San
Tomas Plaza, right across the street. That center is zoned C-2. Also, Riverside Plaza on
San Tomas Expressway and Hamilton Ave. might be an option.
I know it's not what you wanted to hear, but I hope this information is useful.
05/O1/O1
Community Development Director City of Campbell
Sharon Fierro-
Richard Aal and myself, Phil Schlaefer, have been actively looking for another site in Campbell to
move our business, Champions Pool & Games, to solve many problems associated with our current space.
Our billiard room has been located at 2097 S. Bascom Ave. for approximately 16 years, the last 2
operated by us. It is unusually close to residential on the north side of our facility. Consequently, even
patron noise entering and exiting our business(which is consistent with our type of use) is causing our
residential neighbors some distress. Parking is currently an issue with the untimely addition of a limousine
service on the site. Attempts to alleviate this situation have been unsuccessful since we have taken over.
The previous owners of the billiard room ignored the problems.
Among the other C-2 zones in Campbell, the Riverside Center at Hamilton and San Tomas, the
Longs center at Campbell and San Tomas Aquino, and others, there are no current C-2 zone spaces
available that could accommodate our size and use, 4300 sq. ii. +.
There is however, a space next to MacFrugals at Campbell and San Tomas Aquino that is zoned
C-1. Some uses similar to ours not requiring a use permit listed in the C-I Neighborhood Commercial
District Code section 21.22.020 under 'R' -dancing, entertainment, sale of alcholic beverages(incidental to
the primary business activity). Uses permitted with a use permit subject to approval in section 21.22.030
under 'B'-arcade, 'I' -dancing and entertainment, 'M' -late night, 'N' -sale of alcoholic beverages. With the
number of like uses to ours in the C-I section, we believe our current problems would be solved by re-
locating to fids new site.
Positive features of this location:
the proximity to residential is greatly improved--- the back of the building is at least 300 yards
from residential with no exit or entering points
the parking is 90% in the front of building so noise is buffered by the building itself and adds
another 50 to 100 yards from residential
- neighboring tenants are closed by 9:00p.m. every night whereas the billiard rooms highest
traffic rate is from 9:00 to l:00a.m.
billiard room will be occupying east comer of building with full windows on the entire east
and south facings allowing tremendous visibility for outside(say for routine policing) and
inside
Other pro's for our business:
- allows Champion's to stay located in the City of Campbell. Richard Aal and myself have been
doing business in Campbell since the early 80's and I was raised there from 1966 to 1987. We
love this area and have given to the community many times.
- increases the parking for our facility.
- greater drive by business.
- greater visibilty and signage.
- more square footage.
Please consider the viability of our business at the location of 1581 W. Campbell Ave.
Thank you for your attention in this matter
Sincerely-
Richard Aal 0 ~ners Champions Pool & Games
CITY OF CAMPBELL
Community Development Department - Current Planning
April 30, 2001
Mr. Phil Schlaefer
Champions Pool & Games
2097 S. Bascom Avenue
Campbell, CA 95008
Re: PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit
Dear Applicant:
Please be advised that at its meeting of April 24, 2001, the Planning Commission adopted
Resolution No. 3346 denying a Modification (PLN2000-152) to a previously-approved
Conditional Use Permit to allow extended hours for on-sale beer and wine sales to 1:30
a.m. The Commission instead reverted the allowable hours for on sale beer and wine
sales back to 11 p.m. Sunday through Thursday and to 1:30 a.m. on Friday and Saturday.
This action is effective in ten days, unless appealed in writing to the City Clerk. The time
within which judicial review of this decision must be sought is governed by California
Code of Civil Procedure, Section 1094.6.
If you have any questions, please do not hesitate to contact me at (408) 866-2144.
Sincerely,
Kristi Bascom
Planner I
CC:
Biagio Passaro (Property Owner)
443 l Cherry Avenue
San Jose, CA 95118
70 North First Street - Campbell. California 95008-1436 · TEL 408.866.2140 · FA× 408.866.8381 . TD[) 408.866.2790
RESOLUTION NO. 3346
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING A MODIFICATION TO A
CONDITIONAL USE PERMIT EXTENDING THE ALLOWABLE
HOURS FOR ON-SALE BEER AND WINE SALES IN CONJUNCTION
WITH AN EXISTING BILLIARD ESTABLISHMENT (CHAMPIONS
POOL & GAMES) TO 1:30 A.M. ON PROPERTY LOCATED AT 2097
S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. COMMISSION ACTION INSTEAD REVERTS
THE ALLOWABLE HOURS FOR ON SALE BEER AND WINE SALES
TO 11 P.M. SUNDAY THROUGH THURSDAY AND TO 1:30 P.M. ON
FRIDAYS AND SATURDAYS. APPLICATION OF MR. PHIL
SCHLAEFER. FILE NO. PLN2000-152.
After notification and public heating, 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 PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours after 11
p.m. is a permitted use in the C-2-S zoning district with an approved Use Permit.
2. A billiard/arcade is consistent with the Commercial General Plan land use designation shown
for this site.
3. The sales of beer and wine are incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade, and late night hours of operation present compatibility
problems with the adjacent land uses and the surrounding neighborhood, and therefore the
hours should not be extended.
6. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not result in an over concentration of such uses
in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not significantly increase the demand on city
services.
Planning Commission ResoluL,on No. 3346
Pln2000-152 - 2097 S. Bascom Avenue - Modification to On Sale Beer and Wine Sales Hours
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday 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 site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
PASSED AND ADOPTED this 24th day of April, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Hemandez, Jones and Lowe
Francois, Gibbons and Lindstrom
None
None
APPROVED:
Mel Lindstrom, Chair
ATTEST:
Sharon Fierro, Secretary
April 23, 2001
City of Campbell
Planning Commission
70 North First Street
Campbell, CA 95008
RECEIVED
2 2001
CiTY OF CAMPBELL
PLANNING DEPT.
QFIRST
FUNDING
Real Estate Financing
Review of Conditional Use Permit -PLN2000-152
Champion Pool and Games - 2097 South Bascom Ave
To whom it may concern,
I am writing this letter as a very concerned citizen and business owner located within the
City of Campbell.
My business, First Funding Corporation is located directly adjacent to Champion Pool
and Games (Champion), a billiard establishment located at 2097 South Bascom Avenue.
It has come to my attention that a public hearing to consider a Modification to a
Conditional Use Permit (#PLN2000-152) will take place on April 24, 2001. My
understanding is that Champion desires to permanently extend its allowable hours for on-
sale beer and wine to 2 am. I strongly object to the issuance of such a permit for the
following reasons connected with ongoing Campbell Civil Code violations:
8.04.04a &b Disturbing the peace - Drinking in public places.
Champion has consistently violated the well-founded intentions of this code. Both adults
and minors regularly drink outside of the Champion establishment, including its parking
lot and particularly my own lot, located next door. Broken beer bottles and cans are
regularly left on my parking lot, without being cleaned up. I have regularly chased away
adults and minors who were drinking alcohol on my premises. I regularly see their
patrons drinking alcohol on All persons have either stated that they were parked on my
premises for the purpose of going to Champion, or were parked elsewhere and came to
my premises to drink. Any extension of hours will only exacerbate the problem, and
drinking, whether or not with a permit will only make it worse. Although section 8.04
doesn't specifically address/he issue, Champion customers are also found to regularly
smoke dope and use other illicit drugs on my premises as well as their leased premises.
8.16.010 Loitering by Minors
Champion makes no attempt to control its minor patrons, either before or after ten pm
and closing. Minors are found regularly creating nuisances, creating graffiti, smoking
dope, drinking alcohol, and generally unsupervised by any adult. This is particular a
problem to my business as Champions patrons often tend to use my premises for such
activities. This happens regardless of whether no parking signs are posted, or whether or
not they individuals are asked to leave the premises. Basically, Champion brings in a bad
element to the area, makes no attempt to control or police the problem. The problem is
2077 South Bascom Avenue
Campbell, CA 95008-3203
408.559.9275
800.366.6669
408.377.6560 Fax
www. 1 stfunding.com
April 23, 2001
City of Campbell - Planning Commission
FIRST
RE: Review of Conditional Use Permit - PLN2000-152 FUNDING
Champion Pool and Games - 2097 South Bascom Ave Re~ Estate Financing
Page 2
compounded because the drinking and illicit drug use is allowed to perpetuate.
Prolonging the hours of a beer and wine license, or for that matter, allowing a billiard
parlor at all, does not promote the welfare of the business community. It is destructive in
nature.
5.28.070 It is the duty of an owner or manager of a billiard hall to maintain and enforce a
rule regarding children under the age of 14 from entering without adult supervision.
Champion Pool and Games regularly violates the clear intent of the law by regularly
allowing unsupervised minors under 14 to not only frequent it facility, but allow them to
loiter in the surrounding area including my leased premises. Prolonging the hours of a
beer and wine license, or for that matter, allowing a billiard parlor at all, does not
promote the welfare of the business community. It is destructive in nature.
5.28.090 I am conducting a legal mortgage brokerage firm next to Champion Pool and
Games. The noise, both from individuals, as well as automobiles of it's patrons,
including loud engines and stereos, seem to violate the clearly defined intent of the law.
The noise occurs well into the late evening hours with no let-up, and seems to be worse
as each evening progresses. The owners and operators of Champion regularly allow the
boisterous, rowdy, and indecent conduct not only on their leased premises but also on
mine. I have personally witnessed lude conduct in the form of his patrons openly
urinating on his premises and mine.
5.28.030 (4B1 &2)
There are simply too many pool tables to suit the available space and resources of their
leased premises and surrounding area. While parking is a problem, the parking is only
the tip of the iceberg. The larger problem has to do with the general character and
number of the patrons, who are generally rude and indifferent. Champion patrons leave
litter strewn about their parking lot, my lot and the public sidewalks. Champion patrons
leave ~affiti on Champions leased premises and the surrounding, property including
mine. Although the owner of Champion has posted signs saying "Quiet Zone" and speed
limit signs on the driveway, it has done absolutely no good. Rowdy pool patrons
regularly speed up and down the establishment's driveway, often "laying rubber" when
leaving the premises. This also used to happen on my parking lot at a time when I did
permit courtesy parking for Champion patrons. The Pool business therefore creates a
public nuisance at or around the establishment (1) and creates an unhealthy and unsafe
environment in and around the establishment (2)
My business operates on evenings and weekends as theirs does, although generally not
past 1 Opm. I do often work later however, as do my female employees who have
expressed concern for their safety when billiard patrons are loitering on or about our lot.
They have also been threatened when suggesting they will have Champion patrons cars
April 23, 2001
City of Campbell - Planning Commission
Q FIRST
RE: Review of Conditional Use Permit- PLN2000-152 FUNDING
Champion Pool and Games - 2097 South Bascom Ave ~d Estate Financing
Page 3
towed away. The proprietor and employees of Champion clearly have no regard for their
neighbors, and they make no attempt to police the situation themselves, despite repeated
requests by me and others.
I hereby respectfully request that the City of Campbell Planning Commission deny the
permanent extension of its allowable hours for on-sale beer and wine to 2 am. I would
like to re-iterate that I strongly object to the issuance of such a permit for the reasons
stated above, among others, and because the business is a detriment to the welfare of the
City of Campbell and its citizens in general.
I would also like to request that this letter be made an integral part of the record of the
Planning Commission meeting and that copies be distributed to all member of the
Planning Commission board.
Please free to call me at 408-559-9275 x207 or e-mail at tgordon(_~l stfitnding.com, if you
have any questions.
Sincerely,
rporation, by;
President
ITEM NO. 6
STAFF REPORT - PLANNING COMMISSION MEETING OF
April 24, 2001
PLN2000-152
Schlaefer & Aal
Public Hearing to consider the application of Mr. Phil Schlaefer and Mr.
Richard Aal on behalf of Champions Pool & Games, for approval of a
Modification to previously-approved Conditional Use Permits (M 99-05 and
UP 85-03) to allow the sales of beer and wine until 1:30 a.m. daily in an
existing billiard establishment on property located at 2097 S. Bascom
Avenue in the C-2-S (General Commercial) Zoning District.
ALTERNATIVES
The Planning Commission may take any of the following actions:
1. Adopt a Resolution, incorporating the attached findings, approving the modification of a
previously approved Conditional Use Permit to allow the sales of beer and wine until 1:30
a.m. daily in conjunction with an existing billiards establishment, subject to the attached
Conditions of Approval.
2. Adopt a Resolution, incorporating the attached findings, approving the modification of a
previously approved Conditional Use Permit to allow the sales of beer and wine until 12:00
a.m. Sunday through Thursday in conjunction with an existing billiards establishment,
subject to the attached Conditions of Approval.
3. Adopt a Resolution, incorporating the attached findings, denying the request to modify a
previously approved Conditional Use Permit to allow the sales of beer and wine until 1:30
a.m. daily in conjunction with an existing billiards establishment and reverting to the
previous sales hours of until 11:00 p.m. Sunday through Thursday and until 1:30 a.m. Friday
and Saturday.
4. Adopt a Resolution, incorporating the attached findings, denying the request to modify a
previously approved Conditional Use Permit to allow the sales of beer and wine until 1:30
a.m. daily and reducing the operating hours and sales of beer and wine to 11:00 p.m. daily in
conjunction with an existing billiard establishment.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15301 class l(a) (Existing Facilities) of
CEQA; therefore, no environmental action is required.
PROJECT DATA
Net Lot Area:
Building Area:
.76 acres (33,200 sq. ft.)
Multi-tenant retail building: 10,540 sq. fi.
Tenant space: 4,750 sq. fi. (45 %)
Staff Report - Planning Corm,.,ssion Meeting of April 24, 2001
2097 S. Bascom Ave. - PLN 2000-152
..p....a...g....e.....2.. ..................................................................................................................................................................................................................................................................................................................
Parking Required: Retail ~ 1:200 per square foot = 53 spaces
Parking Provided: 53 spaces (39 surface parking spaces and 14 underground garage
spaces)
Existing Hours of Operation: Noon to 2:00 a.m. daily
Beer and wine sales: Noon to 1:30 a.m. Friday and Saturday
Noon to Midnight Sunday through Thursday
Proposed Hours of Operation: Noon to 2:00 a.m. daily
Beer and wine sales:
Surrounding Uses:
North:
East:
South:
West:
Noon to 1:30 a.m. daily
Office and Duplexes
Office and Retail (across Bascom Ave.)
3 story office building
Apartments
DISCUSSION
Background: A billiard parlor has existed in this location since 1985 and has expanded several
times. It currently has sixteen pool tables and an arcade area. In 1999, the applicants bought the
business and applied for and received approval for the sales of beer and wine with limited hours
on Friday and Saturday nights until 1:30 a.m. and Sunday through Thursday nights until 11:00
p.m. After nearly one year of operation without incident, in November 2000 the applicants
sought approval to extend the hours of serving beer and wine daily until 1:30 a.m.
The Planning Commission heard the request at a public heating on November 28, 2000. At the
public hearing, several neighbors voiced complaints about late night noise and disturbances from
the property. The Planning Commission voted to extend the hours of serving beer and wine
Sunday through Thursdays until midnight, with the requirement that the application be reviewed
in 120 days for reconsideration.
Applicant's Proposal: The applicant is requesting approval of a modification to the previous
approvals to allow beer and wine sales daily until 1:30 a.m. The applicant intends to maintain
the same square footage (4,750 sq. ft.) as well as the same operational hours.
The project site is located on the west side of South Bascom Avenue between Campbell and
Apricot Avenues. The site is a multi-tenant retail building that is shared with a florist, tailor, nail
shop, hairdressers, pizzeria, and a limousine service. The billiard's tenant space represents the
largest space and occupies approximately 45% of the building.
The limousine service which operates at this site is the subject of a code enforcement action.
There are vehicles being stored on the site without approval and as a result is impacting the
parking available for the other tenants. The operators of the limousine service are cooperating
with the City and are in the process of applying for a Use Permit to bring their business into
conformance.
Staff Report - Planning Coml..~sion Meeting of April 24, 2001
2097 S. Bascom Ave. - PLN 2000-152
...P....a...g...e.....3.. ..................................................................................................................................................................................................................................................................................................................
ANALYSIS
General Plan Designation: The General Plan land use designation for
commercial. The proposed use is consistent with this land use designation.
the project site is
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The existing billiards use is permitted subject to a Conditional Use Permit in this zoning district.
The allowance of alcohol sales, entertainment, an arcade, and late operational hours requires a
Conditional Use Permit.
Building Design: No architectural changes are proposed with the modification of this business
operation.
Parking: The Zoning Ordinance requires the provision of 53 parking spaces for the whole
building. The approved project provided 39 parking spaces on a surface lot and 14 parking spaces
in a garage below the retail spaces, a total of 53 parking spaces.
Landscaping: No changes are proposed to the existing landscaping.
MODIFICATION TO CONDITIONAL USE PERMIT
Operational Hours: Commercial uses that operate beyond 11 p.m. are required to receive
approval of a Conditional Use Permit. The billiards are currently open until 2:00 a.m. daily. The
extension of the hours of beer and wine sales, if approved, will not impact the operational hours
of the business.
Tables of Alternatives for Operating Hours and Beer and Wine Sales
Original November Alternative 1 Alternative 2 Alternative 3 Alternative 4
Approval 2000
Approval
Operating Daily until Daily until Daily until Daily until Daily until Daily until
Hours 2:00 a.m. 2:00 a.m. 2:00 a.m. 2:00 a.m. 2:00 a.m. 11:00 p.m.
Beer and Su-Th until Su-Th until Daily until Same as Nov Same as Daily until
Wine Sales 11:00 p.m. 12:00 a.m.. 1:30 a.m. 2000 approval Original 11:00 p.m.
and Fr-Sa and Fr-Sa Approval
until 1:30 until 1:30
a.m. a.m.
One of the Conditions of Approval for the existing Use Permit is that in the event complaints are
received regarding late night hours or excessive noise from this business, the Community
Development Director, upon confirmation that the noises are generated by the billiard
establishment, may limit the hours of on-sale beer and wine or the operational hours of the
establishment.
Staff Report - Planning Comn~,ssion Meeting of April 24, 2001
2097 S. Bascom Ave. - PLN 2000-152
Page 4
Police Department Review: Since the previous public hearing on November 28, 2000, the
Campbell Police Department has received twenty-five disturbance calls for this address, ten of
which resulted in verified disturbances on the site. The disturbance were all noise-related, people
talking in the parking lot, loud cars, and in one case someone throwing objects into the backyard
of a residence. (See Attachment 2)
From a public safety standpoint, because of the relatively low severity of the disturbance
complaints, the Police Department had no specific objections to the extension of the hours.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application as no design changes are proposed with the request.
Attachments:
1. Police Activity Report for Disturbance Calls received by the Campbell PD
2. Findings for approval of PLN2000-152 (Alternative 1)
3. Conditions of Approval for PLN2000-152
4. Findings for approval of PLN2000-152 (Alternative 2)
5. Conditions of Approval for PLN2000-152
6. Findings for denial of PLN2000-152 (Alternative 3)
7. Findings for denial of PLN2000-152 (Alternative 4)
8. Location Map
Prepared by:
Kristi Bascom, Planner I
Approved by:
GeoffI. Bradley, Senior Plannes//
Attachment 2
FINDINGS FOR APPROVAL OF FILE NO. PLN2000-152 (Alternative 1)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 S. Bascom Avenue
Champion Pool and Games
April 24, 2001
Findings for Approval of a Modification to a previous Use Permit (M 99-05) to allow the sales
of beer and wine until 1:30 a.m. daily in an existing billiard establishment on property located at
2097 S. Bascom Avenue in the C-2-S (General Commercial) Zoning District.
The Planning Commission finds as follows with regard to File No. PLN2000-152:
The billiard/arcade establishment with a beer/wine license and operational hours after 11 p.m.
is a permitted use in the C-2-S zoning district with an approved Use Permit.
A billiard/arcade is consistent with the Commercial General Plan land use designation shown
for this site.
3. The sales of beer and wine are incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade, and late night hours of operation, subject to the conditions
of approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The sales of beer and wine until 1:30 a.m. daily at this establishment will not result in an over
concentration of such uses in the area.
o
o
o
The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
The sales of beer and wine until 1:30 a.m. daily at this establishment will not significantly
disturb the peace and enjoyment of any nearby residential neighborhoods.
The sales of beer and wine until 1:30 a.m. daily at this establishment will not significantly
increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The sales of beer and wine until 1:30 a.m. daily 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.
Findings for Approval of File i to. PLN 2000-152 (Alternative 1)
2097 S. Bascom Ave.
2. The site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
Attachment 3
CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-152 (Alternative 1)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 S. Bascom Avenue
Phil Schlaefer, Champion Pool and Games
April 24, 2001
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. 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
1. Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to allow the sales of beer and wine until 1:30 a.m. daily except as may be
modified by the Conditions of Approval contained herein.
2. Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3232 for approval of the Use Permit
(M 99-05 & UP 85-03), except as may be modified by the Conditions of Approval contained
herein.
3. Business Operation: The applicant shall operate and maintain this use in a manner that is not
objectionable, offensive, or incompatible with surrounding uses. It shall not create a
nuisance due to noise, litter, vandalism, traffic, or other factors. Operation of this use in
violation of this approval of City of Campbell standards, codes, and ordinances shall be
grounds for revocation of this approval.
4. Hours of Operation: Hours of operation are from Noon to 2:00 a.m. daily, except beer and
wine sales shall terminate at 1:30 a.m. If the Community Development Director receives
substantiated complaints regarding impacts associated with the late night hour operations,
and/or beer and wine sales, the Director may limit the operational hours of the business
within 10 days written notice. The decision of the Community Development Director may be
appealed to the Planning Commission as prescribed in the Zoning Ordinance.
5. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public
address system, generated by uses from the billiards establishment, shall not be audible to a
person of normal hearing acuity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by the
billiards establishment, may limit the operational hours and/or may require a Noise
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Conditions of Approval for Fhc No. PLN2000-152 (Alternative 1)
2097 S. Bascom Ave.
Management Plan shall require implementation of the mitigation measures as determined in
the acoustical study to comply with the noise conditions as herein included in these
Conditions of Approval. Actions by the Community Development Director may be appealed
to the Planning Commission, but the reduced hours shall be effective immediately upon
notification by the Community Development Director.
c. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
shall be used outside the building.
POLICE DEPARTMENT
If the Police Department receives substantiated complaints regarding noise or impacts
associated with late night hour operations, beer and wine sales, and/or once-weekly
entertainment, they may limit the operational hours of the business within 10 days written
notice.
Attachment 4
FINDINGS FOR APPROVAL OF FILE NO. PLN2000-152 (Alternative 2)
SITE ADDRESS:
APPLICANT:
P.C. MEETiNG:
2097 S. Bascom Avenue
Champion Pool and Games
April 24, 2001
Findings for Approval of a Modification to a previous Use Permit (M 99-05) to allow the sales
of beer and wine until 12:00 a.m. Sunday through Thursday and until 1:30 a.m. on Friday and
Saturday in an existing billiard establishment on property located at 2097 S. Bascom Avenue in
the C-2-S (General Commercial) Zoning District.
The Planning Commission finds as follows with regard to File No. PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours at~er 11 p.m.
is a permitted use in the C-2-S zoning district with an approved Use Permit.
2. A billiard/arcade is consistent with the Commercial General Plan land use designation shown
for this site.
3. The sales of beer and wine are incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade, and late night hours of operation, subject to the conditions
of approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The sales of beer and wine until 12:00 a.m. Sunday through Thursday and until 1:30 a.m. on
Friday and Saturday at this establishment will not result in an over concentration of such uses
in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
8. The sales of beer and wine until 12:00 a.m. Sunday through Thursday and until 1:30 a.m. on
Friday and Saturday at this establishment will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The sales of beer and wine until 12:00 a.m. Sunday through Thursday and until 1:30 a.m. on
Friday and Saturday at this establishment will not significantly increase the demand on city
services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Findings for Approval of File ~o. PLN2000-152 (Alternative 2)
2097 S. Bas¢om Ave.
1. The sales of beer and wine until 12:00 a.m. Sunday through Thursday and until 1:30 a.m. on
Friday and Saturday 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 site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
Attachment 5
CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-152 (Alternative 2)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 S. Bascom Avenue
Phil Schlaefer, Champion Pool and Games
April 24, 2001
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. 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
1. Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to allow the sales of beer and wine until 12:00 a.m. Sunday through
Thursday and until 1:30 a.m. on Friday and Saturday except as may be modified by the
Conditions of Approval contained herein.
2. Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3232 for approval of the Use Permit
(M 99-05 & LIP 85-03), except as may be modified by the Conditions of Approval contained
herein.
3. Business Operation: The applicant shall operate and maintain this use in a manner that is not
objectionable, offensive, or incompatible with surrounding uses. It shall not create a
nuisance due to noise, litter, vandalism, traffic, or other factors. Operation of this use in
violation of this approval of City of Campbell standards, codes, and ordinances shall be
grounds for revocation of this approval.
4. Hours of Operation: Hours of operation are from Noon to 2:00 a.m. daily, except beer and
wine is served until 12:00 a.m. Sunday through Thursday and until 1:30 a.m. on Friday and
Saturday. If the Community Development Director receives substantiated complaints
regarding impacts associated with the late night hour operations, and/or beer and wine sales,
the Director may limit the operational hours of the business within 10 days written notice.
The decision of the Community Development Director may be appealed to the Planning
Commission as prescribed in the Zoning Ordinance.
5. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public
address system, generated by uses from the billiards establishment, shall not be audible to a
person of normal hearing acuity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by the
billiards establishment, may limit the operational hours and/or may require a Noise
Conditions of Approval for Fh~ No. PLN2000-152 (Alternative 2)
2097 s. Bascom Ave.
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Management Plan shall require implementation of the mitigation measures as determined in
the acoustical study to comply with the noise conditions as herein included in these
Conditions of Approval. Actions by the Community Development Director may be appealed
to the Planning Commission, but the reduced hours shall be effective immediately upon
notification by the Community Development Director.
c. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
shall be used outside the building.
POLICE DEPARTMENT
o
If the Police Department receives substantiated complaints regarding noise or impacts
associated with late night hour operations, beer and wine sales, and/or once-weekly
entertainment, they may limit the operational hours of the business within 10 days written
notice.
Attachment 6
FINDINGS FOR DENIAL OF FILE NO. PLN2000-152 (Alternative 3)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 S. Bascom Avenue
Champion Pool and Games
April 24, 2001
Findings for denying the request to modify a previously approved Conditional Use Permit to
allow the sales of beer and wine until 1:30 a.m. daily in conjunction with an existing billiards
establishment and reverting to the previous sales hours of until 11:00 p.m. Sunday through
Thursday and until 1:30 a.m. Friday and Saturday in an existing billiard establishment on
property located at 2097 S. Bascom Avenue in the C-2-S (General Commercial) Zoning District.
The Planning Commission finds as follows with regard to File No. PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours after 11 p.m.
is a permitted use in the C-2-S zoning district with an approved Use Permit.
2. A billiard/arcade is consistent with the Commercial General Plan land use designation shown
for this site.
3. The sales of beer and wine are incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade, and late night hours of operation present compatibility
problems with the adjacent land uses and the surrounding neighborhood, and therefore the
hours should not be extended.
6. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not result in an over concentration of such uses
in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
8. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday at this establishment will not significantly increase the demand on city
services.
Findings for Denial of File No. PLN2000-152 (Alternative 3)
2097 S. Bascom Ave.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 11:00 p.m. Sunday through Thursday and until 1:30 a.m.
Friday and Saturday 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 site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
Attachment 7
FINDINGS FOR DENIAL OF FILE NO. PLN2000-152 (Alternative 4)
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 S. Bascom Avenue
Champion Pool and Games
April 24, 2001
Findings for denying the request to modify a previously approved Conditional Use Permit to
allow the sales of beer and wine until 1:30 a.m. daily and reducing the operating hours and sales
of beer and wine to 11:00 p.m. daily in conjunction with an existing billiard establishment on
property located at 2097 S. Bascom Avenue in the C-2-S (General Commercial) Zoning District.
The Planning Commission finds as follows with regard to File No. PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours after 11 p.m.
is a permitted use in the C-2-S zoning district with an approved Use Permit.
2. A billiard/arcade is consistent with the Commercial General Plan land use designation shown
for this site.
3. The sales of beer and wine are incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade, and late night hours of operation present compatibility
problems with the adjacent land uses and the surrounding neighborhood, and therefore the
operating hours and beer and wine sales hours should be reduced to 11:00 p.m. daily.
6. The use is currently creating a nuisance due to noise, litter, vandalism, traffic or other factors.
7. The use is currently disturbing the peace and enjoyment of nearby residential neighborhoods.
8. The use is currently increasing the demand on city services in comparison to before the
temporary extension of hours was allowed.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 1:30 a.m. daily will not aid in the enhancement and the
harmonious development of the immediate area and should be reduced. The establishment,
maintenance, or operation of the use will 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 site is not adequate to accommodate the use with late night operational hours.
3. The operation of this establishment is not compatible with the surrounding neighborhood.
L
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LOCATION MAP
Modification tu Use Permit
2097 S. Bascom Avenue
(PLN2000-152)
TLegend
Scale: 1" 500' . -.'.,
.c "~ 300-foot buffer ~' :'"
City Limits ,,~ ~.:,,'"'
--- Parcel Lines
CITY OF CAMPBELL
Community Development Department - Current Planning
Apfill3,2001
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, April 24, 2001, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to conduct a 120-day review of
a previously-approved Modification to a Conditional Use Permit (PLN2000-152) relative to an
extension of the allowable hours for on sale beer and wine sales to 2 a.m. in conjunction with an
existing billiard establishment (Champions Pool & Games) on property located at 2097 S.
Bascom Avenue in a C-2-S General Commercial) Zoning District. This Project is Categorically
Exempt.
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. PLN2000-152
Address: 2097 S. Bascom Avenue
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2 140 - FAX 408.866.838 I · TDD 408.866.2790
CITY oF CAMPBELL
Community Development Department - Current Planning
December 14, 2000
Dear Neighbors:
Thank you for sharing your concerns regarding the businesses adjacent to your residence at the
November 28th City of Campbell Planning Commission meeting. At this meeting, Members of
the Planning Commission requested that city staff prepare guidelines on how to effectively
communicate concerns about excessive noise or disturbances to the Campbell Police
Department.
The Campbell Police Department offers the following recommendations when making a
complaint:
1. Call the City's non-emergency line at (408) 866-2101.
2. Tell the dispatcher that you would like to make a disturbance and/or noise complaint. Be
as specific as possible about the source of the noise (i.e. which business is causing the
disturbance).
3. Ask for a police officer response or patrol check of the area. An attempt will be made to
verify each compliant received to determine the actual source of the disturbance.
You can also request more regular officer-initiated patrol checks of the area if you have concerns
about noise complaints or criminal activity. To request this, please contact Sgt. Rich Shipman
directly at (408) 866-2188.
The Planning Commission is going to review the Use Permit application by Champions Pool and
Games again in approximately four months. Every time a late-night Use Permit application is
reviewed, calls and complaints to the Police Department about that particular business is one
factor among many that is considered. Your input on these matters is valuable.
If you have any questions or concerns about this issue, please feel free to call Kristi Bascom in
the Community Development Department at (408) 866-2142.
Sincerely,
Sharon Fierro
Community Development Director
70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2140 · F^X 408.866.8381 . TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department
December 4, 2000
Phil Schlaefer
Champions Pool & Games
2097 S. Bascom Avenue
Campbell, CA 95008
Re: PLN2000-152 - 2097 S. Bascom Avenue - Champions Pool & Games
Dear Applicant:
Please be advised that at its meeting of November 28, 2000, the Planning Commission
adopted Resolution No. 3313 approving a Modification (PLN2000-152) to a previously-
approved Conditional Use Permit to extend the allowable hours for on-sale beer and wine
sales to 12 a.m. on the above-referenced property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The
time within which judicial review of this decision must be sought is governed by
California Code of Civil Procedure, Section 1094.6.
If you have any questions, please do not hesitate to contact me at (408) 866-2144.
Sincerely,
Kristi Bascom
Planner I
cc: Biagio Passaro (Property Owner)
2089 S. Bascom Avenue
Campbell, CA 95008
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - F^X 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3316
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2000-152) TO A PREVIOUS-APPROVED CONDITIONAL
USE PERMIT TO EXTEND THE ALLOWABLE HOURS FOR
ON-SALE BEER AND WINE SALES TO 12 A..M. ON
PROPERTY LOCATED AT 2097 S. BASCOM AVENUE 1N A C-
2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
APPLICATION OF MR. PHIL SCHAEFER, ON BEHALF OF
CHAMPIONS POOL & GAMES. FILE NO. PLN2000-152.
After notification and public heating, 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 PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours after 11 p.m.
is a permitted use with a Use Permit in the C-2-S zoning district.
2. A billiard/arcade is consistent with the Commercial land use designation of the General Plan
shown for this site.
3. The sale of beer and wine is incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
Co2-S zoning designation.
5. The sales of beer and wine, arcade and late night hours of operation, subject to the conditions
of approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The sales of beer and wine until 12:00 a.m. daily will not result in an over concentration of
such uses in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors. Although no documented complaints were received prior to the
meeting, testimony received at the meeting reports disturbing noises from patrons and trash
disposal as a result of late night hours. Therefore, the Planning Commission did not justify
extending on sale beer and wine service to the requested 1:30 a.m. at this time but rather
limiting the extension of time to 12 a.m.
8. The sales of beer and wine until 12:00 a.m. daily will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 2
9. The sales of beer and wine until 12:00 a.m. daily at this establishment will not significantly
increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 12:00 a.m. daily 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 site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance 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. 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
Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4,750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours after 11:00 p.m. on property located at 2097 S. Bascom Avenue
and shall substantially conform to the project exhibits listed below, except as may be
modified by the Conditions of Approval contained herein. This approval is revocable by the
Planning Commission as prescribed in section 21.72.110.
A. Plot plan illustrating the location of the 4,750 square foot tenant space.
B. Floor plans depicting the tenant space and limiting the number of billiard/pool tables to
13 and 25 arcade machines.
C. Applicant's project description
Extended hours of operation Hours of operation are from (noon to 2 a.m. daily) except
beer/wine sales shall terminate at 12:00 a.m., Sunday through Thursday. If the Community
Development Director receives substantiated complaints regarding noise or impacts associate
Planning Commission Resolution No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 3
late night hour operations, the Director may limit the operational hours of the business within
10 days written notice. The decision the Community Development Director may be appealed
to the Planning Commission as prescribed in the Zoning Ordinance.
3. Landscaping: All landscaping and irrigation to be maintain in accordance with approved
landscaping plans.
Liquor license: Applicant shall file and complete processing of the beer/wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
o
On-site Lighting: the Community Development Director, prior to the issuance of building
permits, shall approve Details of any new project lighting. The lighting shall not Create glare
on adjacent residential uses.
o
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
o
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
Planning Commission Resolution No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 4
11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans
to be reviewed and approved by the City prior to the issuance of building permits for the
project. The design of the trash enclosure shall match the building in terms of color and
finish.
12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit issued.
13. Noise:
A. Exterior Doors: All doors providing access to and from the billiard establishment shall
be self-closing doors and shall not be propped open.
3,
Nighttime Exiting: Occupants of the building during nighttime hours after 10:00 p.m.
shall be duly notified of the noise restrictions. The business owner or management is
responsible for monitoring the parking area and to prohibit loitering and disruptive noise
caused by their patrons.
Co
Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses within the building or by customers in the
parking area shall not be audible to a person of normal heating acuity from any
residential property after 10:00 p.m.
Do
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
this use, may limit the operation hours and/or may require a Noise Management Plan to
be submitted by the applicant consisting of an acoustical study by a qualified acoustical
engineer for recommendations to attenuate the noise. The applicant shall implement the
mitigation measures as determined in the acoustical study to comply with the noise
conditions as herein included in these Conditions of Approval. Actions by the
Community Development Director may be appealed to the Planning Commission, but the
reduced hours for the business shall be effective immediately upon notification by the
Community Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
Planning Commission Resolution No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 5
14. t~eview Period: This application shall be brought back before the Planning Commission for
review 120 days following approval, or in March, 2001.
POI JCI~'. DI~P A RT~fI~,NT
15. Rilliard/Arcade Permit' The applicant shall process permits with the Police Department
consistent with section 5.28.020 and 5.30.020 of the Campbell Municipal Code prior to the
expansion of the business.
PASSED AND ADOPTED this 28~ day of November, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Jones, Lindstrom
Hemandez
Lowe
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
Planning Commission ~ ~utes of November 28, 2000 Page 16
Commissioner Hemandez stated that he was not convinced that the findings could be
made to approve this application. Added that it is important that the neighbors know the
process to lodge noise complaints.
Chairperson Gibbons stressed that procedures would be provided to property owners
within 300 feet of this site.
Commissioner Francois said that everything is outlined within the Conditions of
Approval. Added that the applicant has the right to make a living too.
Motion:
Upon motion of Commissioner Lindstrom, seconded by
Commissioner Francois, the Planning Commission adopted
Resolution No. 3316 approving a Modifica0on (PLN2000-152) to a
previously-approved Conditional Use Permit to extend the allowable
hours for on-site beer and wine sales to 12 a.m. on property located at
2097 S. Bascom Avenue, with:
1. The removal of any reference to live entertainment (stricken from
application at the request of applicant);
2. With adjustment to Finding No. 7: "Although no documented
complaints were received prior to the meeting, testimony received at
the meeting reports disturbing noises from patrons and trash
disposal as a result of late night hours. Therefore, the Planning
Commission did not justify extending on sale beer and wine service
to the requested 1:30 a.m. at this time but rather limiting the
extension of time to 12 a.m. ;" and
3. Added a Condition of Approval that this application be brought
back before the Planning Commission for review within 120 days,
by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Jones, Lindstrom
NOES: Hernandez
ABSENT: Lowe
ABSTAIN: None
Chairperson Gibbons read
4. PLN2000-159
Baumgartner, J.
Agenda Item No. 4 into the record.
Public Hearing to consider the application of Mr. Jim
Baumgartner, on behalf of West Valley Seventh Day, Adventist
School, for approval of a Modification (PLN2000-159) to a
previously-approved Conditional Use Permit to allow the
installation of new playground equipment in conjunction with
a school on property located at 531 W. Rincon Avenue in a
PF (Public Facilities) Zoning District. This project is
Categorically Exempt. Planning Commission decision final in
ITEM NO. 3
STAFF REPORT - PLANNING COMMISSION MEETING OF
November 28, 2000
PLN2000-152
Schlaefer & Aal
Public Hearing to consider the application of Mr. Phil Schlaefer and Mr.
Richard Aal on behalf of Champions Pool & Games, for approval of a
Modification to previously-approved Conditional Use Permits (M 99-05 and
UP 85-03) to allow the sales of' beer and wine until 1:30 a.m. daily and
musical entertainment once-weekly in an existing billiard establishment on
property located at 2097 S. Bascom Avenue in the C-2-S (General
Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a modification of a
previously approved Conditional Use Permit to allow the sales of beer and wine until 1:30
a.m. and musical entertainment once-weekly in conjunction with an existing billiards
establishment, subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15301 class l(a) (Existing Facilities) of
CEQA; therefore, no environmental action is required.
PROJECT DATA
Net Lot Area:
.76 acres 33,200 sq. ft.
Site Utilization:
Building Coverage: 32%
Landscape Coverage: 14%
Paving Coverage: 54%
10,540 sq. ft.
4,648 sq. ft.
6,447 sq. ft.
Building Area:
Multi-tenant retail building: 10,540 sq. ft.
Tenant space: 4,750 sq. ft. (45 %)
Floor Area Ratio (FAR): .32
Staff Report - Planning Commission Meeting of November 28, 2000
2097 S. Bascom Ave. - PLN 2000-152
Page 2
Parking Required:
Parking Provided:
Retail ~ 1:200 per square foot = 53 spaces
53 spaces (39 surface parking spaces and 14 underground garage
spaces)
Existing Hours of Operation:
Beer and wine sales:
Noon to 2:00 a.m. daily
Noon to 1:30 a.m. Friday and Saturday
Noon to 11:00 p.m. Sunday through Thursday
Proposed Hours of Operation: Noon to 2:00 a.m. daily
Beer and wine sales: Noon to 1:30 a.m. daily
Surrounding Uses:
North:
East:
South:
West:
Office and Duplexes
Office and Retail (across Bascom Ave.)
3 story office building
Apartments
DISCUSSION
Background: In 1985, the Planning Commission granted a Conditional Use Permit to allow the
establishment of a six-table billiard parlor in approximately 1,500 square feet of the multi-tenant
retail building on the subject property. In 1989, the Planning Commission approved an
expansion to 3,450 square feet accommodating 14 tables and operational hours to 2 a.m.
Subsequent to that approval, the business owner received approval of a modification to allow a
beer/wine license with limited operational hours to 11 p.m. The owner never exercised their
approval to allow a beer and wine license and maintained operational hours until 2 a.m.
The operation expanded again, and Campbell Pool and Pizza has operated at this location in a
4,750 square foot tenant space for the past 5 years with 16 tables and a semi-arcade
accommodating 9 coin operated machines. In 1999, the applicants bought the business and
changed the name to Champions Pool and Games. The applicants applied for and received
approval for the sales of beer and wine with limited hours on Friday and Saturday nights until
1:30 a.m. and Sunday through Thursday nights until 11:00 p.m. After nearly one year of
operation without incident, the applicants are seeking approval to extend the hours of serving
beer and wine Sunday through Thursdays until 1:30 a.m. and musical entertainment one day or
night a week.
Applicant's Proposal: The applicant is requesting approval of a modification to the previous
approvals to allow beer and wine sales daily until 1:30 p.m. and entertainment in the form of a
disc jockey (DJ) for birthday or company parties one day or night a week until 11:00 p.m. The
applicant intends to maintain the same square footage (4,750 sq. ft.) as well as the same
operational hours.
Staff Report - Planning Commission Meeting of November 28, 2000
2097 S. Bascom Ave. - PLN 2000-152
Page 3
The project site is located on the west side of South Bascom Avenue between Campbell and
Apricot Avenues. The site is a multi-tenant retail building which is shared with a florist, tailor,
nail shop, hair dressers, pizzeria and a recently-vacated television repair business. The proposed
tenant space represents the largest space and occupies approximately 45% of the building.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
commercial. The proposed use is consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The existing billiards use is permitted subject to a Conditional Use Permit in this zoning district.
The allowance of alcohol sales, entertainment, an arcade, and late operational hours requires a
Conditional Use Permit.
Building Design: No architectural changes are proposed with the modification of this business
operation.
Parking: The Zoning Ordinance requires the provision of 53 parking spaces for the existing retail
building. The approved parking layout for this project provided 39 parking spaces on a surface
lot and 14 parking spaces in a garage below the retail spaces, a total of 53 parking spaces.
Landscaping: The existing landscaping in the parking area will remain.
MODIFICATION TO CONDITIONAL USE PERMIT
Operational Hours: Commercial uses which operate beyond 11 p.m. are required to received
approval of a Conditional Use Permit. The billiards are open until 2:00 a.m. daily. The sale of
beer and wine until 1:30 a.m. daily and entertainment one day or night per week will not impact
the operational hours of the business.
Conditions of Approval No. 2 of the Use Permit granted in 1999 (M 99-05) stated that the
operational hours of the business be modified to close at 11 p.m. Sunday through Thursday and
to close at 2 a.m. on Fridays and Saturdays because of the relative proximity of the parking area
to adjacent residential uses. The Planning Commission modified the conditions to allow the
business to remain open until 2:00 a.m. but limited the sales of alcohol on weeknights until 11:00
p.m. When the billiard parlor was first established in 1985, activities in the parking area had
caused noise problems for the adjacent residential uses, however, in recent years few noise
complaints have been received.
A recommended Condition of Approval for this Use Permit is that in the event complaints are
received regarding late night hours or excessive noise from this business, the Community
Development Director, upon confirmation that the noises are generated by the billiard
Staff Report - Planning Commission Meeting of November 28, 2000
2097 S. Bascom Ave. - PLN 2000-152
Page 4
establishment, may limit the hours of on-sale beer and wine, the entertainment, or the operational
hours of the establishment.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the extended hours of beer and wine sales or once-weekly disc
jockey entertainment.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application in that no design changes are proposed with the request.
Attachments:
1. Findings for approval of PLN2000-152
2. Conditions of Approval for PLN2000-152
3. Conditions of Approval for M 99-05 (previous Use Permit)
4. Location Map
Prepared by:
Approved by:
Kristi Bascom, Planner I
Geoff I. Bradley, Senior Planner /
Attachment 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2000-152
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 South Bascom Avenue
Champion Pool and ~ame~
November 28, 2000
Findings for Approval of a Modification to a previous Use Permit (M 99-05) to allow the sales
of beer and wine until 1:30 a.m. daily and once-weekly musical entertainment in an existing
billiard establishment on property located at 2097 S. Bascom Avenue in the C-2-S (General
Commercial) Zoning District.
The Planning Commission finds as follows with regard to File No. PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license, once-weekly entertainment, and
operational hours after 11 p.m. is a permitted use with a Use Permit in the C-2-S zoning
district.
2. A billiard/arcade is consistent with the Commercial land use designation of the General Plan
shown for this site.
3. The sales of beer and wine and once-weekly entertainment is incidental to the primary
function as a billiard and arcade business and is permitted consistent with sections 5.28.030
and 5.30.020 of the Campbell Municipal Code.
4. The sales of beer and wine, once-weekly entertainment, and late night hours of operation in
conjunction with the billiards and as conditioned are consistent with the commercial land use
of the General Plan and the C-2-S zoning designation.
5. The sales of beer and wine, arcade, once-weekly entertainment and late night hours of
operation, subject to the conditions of approval, are compatible with the adjacent land uses
and the surrounding neighborhood.
6. The sales of beer and wine until 1:30 a.m. daily and once-weekly entertainment will not
result in an over concentration of such uses in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
8. The sales of beer and wine until 1:30 a.m. daily and once-weekly entertainment will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
9. The sales of beer and wine until 1:30 a.m. daily and once-weekly entertainment at this
establishment will not significantly increase the demand on city services.
Findings for Approval of File No. PLN 2000-152
2097 S. Bascom Ave.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 1:30 a.m. daily and once-weekly entertainment 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 site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, is compatible with the adjacent land
uses and the surrounding neighborhood.
Attachment 2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-152
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 South Bascom Avenue
Champion Pool and Games
November 28, 2000
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. 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
1. Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to allow the sales of beer and wine until 1:30 a.m. daily and once-weekly
entertainment in the form of a disc jockey except as may be modified by the Conditions of
Approval contained herein.
2. Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3232 for approval of the Use Permit
(M 99-05 & LIP 85-03), except as may be modified by the Conditions of Approval contained
herein.
3. Business Operation: The applicant shall operate and maintain this use in a manner which is
not objectionable, offensive, or incompatible with surrounding uses. It shall not create a
nuisance due to noise, litter, vandalism, traffic, or other factors. Operation of this use in
violation of this approval of City of Campbell standards, codes, and ordinances shall be
grounds for revocation of this approval.
4. Hours of operation: Hours of operation are from Noon to 2:00 a.m. daily, except beer and
wine sales shall terminate at 1:30 a.m. Once-weekly entertainment in the form of a disc
jockey shall terminate by 11:00 p.m. If the Community Development Director receives
substantiated complaints regarding noise or impacts associated with the late night hour
operations, beer and wine sales, and/or entertainment, the Director may limit the operational
hours of the business within 10 days written notice. The decision of the Community
Development Director may be appealed to the Planning Commission as prescribed in the
Zoning Ordinance.
5. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from microphones, audio sound systems, music
and/or public address system, generated by uses from the billiards establishment, shall
not be audible to a person of normal hearing acuity from any residential property.
Conditions of Approval for File No. PLN 2000-152
2097 S. Bascom Ave.
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 billiards establishment, may limit the operational hours and/or may require a Noise
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Management Plan shall require implementation of the mitigation measures as determined
in the acoustical study to comply with the noise conditions as herein included in these
Conditions of Approval. Actions by the Community Development Director may be
appealed to the Planning Commission, but the reduced hours shall be effective
immediately upon notification by the Community Development Director.
c. Exterior Speakers: No audio sound system, music, public address system, and/or
speakers shall be used outside the building.
POLICE DEPARTMENT
o
If the Police Department receives substantiated complaints regarding noise or impacts
associated with late night hour operations, beer and wine sales, and/or once-weekly
entertainment, they may limit the operational hours of the business within 10 days written
notice.
Attachment 3
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2097 South Bascom Avenue
Champion Pool and Games
July 27, 1999
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. 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
Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4,750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours after 11:00 p.m. on property located at 2097 S. Bascom Avenue
and shall substantially conform to the project exhibits listed below, except as may be
modified by the Conditions of Approval contained herein. This approval is revocable by the
Planning Commission as prescribed in section 21.72.110.
A. Plot plan illustrating the location of the 4,750 square foot tenant space.
B. Floor plans depicting the tenant space and limiting the number of billiard/pool tables to
13 and 25 arcade machines.
C. Applicant's project description
Extended hours of operation Hours of operation are from (noon to 2 a.m. daily) except
beer/wine sales shall terminate at 11:00 p.m. Sunday through Thursday. If the Community
Development Director receives substantiated complaints regarding noise or impacts associate
late night hour operations, the Director may limit the operational hours of the business within
10 days written notice. The decision the Community Development Director may be appealed
to the Planning Commission as prescribed in the Zoning Ordinance.
3. Landscaping: All landscaping and irrigation to be maintain in accordance with approved
landscaping plans.
Liquor license: Applicant shall file and complete processing of the beer/wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
Conditions of Approval for File No. M 99-05
2097 S. Bascom Ave.
On-site Lighting: Details of any new project lighting shall be approved by the Community
Development Director prior to the issuance of building permits. The lighting shall not create
glare on adjacent residential uses.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
o
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans
to be reviewed and approved by the City prior to the issuance of building permits for the
project. The design of the trash enclosure shall match the building in terms of color and
finish.
12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit issued.
Conditions of Approval for File No. M 99-05
2097 S. Bascom Ave.
13. Noise:
A. Exterior Doors: All doors providing access to and from the billiard establishment shall
be self-closing doors and shall not be propped open.
Nighttime Exiting: Occupants of the building during nighttime hours after 10:00 p.m.
shall be duly notified of the noise restrictions. The business owner or management is
responsible for monitoring the parking area and to prohibit loitering and disruptive noise
caused by their patrons.
Co
Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses within the building or by customers in the
parking area shall not be audible to a person of normal heating acuity from any
residential property after 10:00 p.m.
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
this use, may limit the operation hours and/or may require a Noise Management Plan to
be submitted by the applicant consisting of an acoustical study by a qualified acoustical
engineer for recommendations to attenuate the noise. The applicant shall implement the
mitigation measures as determined in the acoustical study to comply with the noise
conditions as herein included in these Conditions of Approval. Actions by the
Community Development Director may be appealed to the Planning Commission, but the
reduced hours for the business shall be effective immediately upon notification by the
Community Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
POLICE DEPARTMENT
14. Billiard/Arcade Permit: The applicant shall process permits with the Police Department
consistent with section 5.28.020 and 5.30.020 of the Campbell Municipal Code prior to the
expansion of the business.
November 26, 2000
To: City of Campbell, Planning Commission
RECEIVED
From: Steve & Tikki Garrido
970 Michael Drive
Campbell, Ca. 95008
408-887-2329
Dear Planning Commission,
NOV 2 8 2009
CITY OF CAUPBELL
PLANNING DEPT. ·
It has come to my attention that one of the Business Owners at 2097 or 2099 Bascom Avenue,
Campbell, Ca. 95008 is requesting extended hours and a license for Music Bands. I am unable to represent
myself in person as I am traveling on Business. This letter will serve as my official statement in the matter.
I oppose giving authorization for extended hours and a Music Band License. I have the following remarks:
1) October 1, 2000 1 gave formal notice to my landlord that the noise fi.om 2097 or 2099 is beyond the
occasional.
2) I personally appeared at 2097 Bascom Avenue on the night of the July 27, 2000 due to lack of noise
control.
3) I have called Champions Pool Hall at 2097 Bascom numerous times fi.om 11:30 p.m. to as late as 1:00
a.m. These call then prompts the attendant to walk out front and ask people to leave.
4) Exhibition of speed, Excessive Bass fi.om Car Stereos, and obnoxious honking fi.om vehicles entering
and leaving the facilities at 2097 and 2099 Bascom.
5) I have received foul and obscene remarks from customers of 2097 and/or 2099 Bascom when asking
for reduction in noise. Statements like; Shut the Window if it's too loud! F*** You it's a free country!
We don't have to be quiet!
To sum it all up the excessive noise is generated fi.om the customers who smoke out in fi.ont of these
businesses. They gather into groups that become loud and obnoxious to the residents on Michael
Drive. The business owners do not monitor the traffic outside like they have said they would in the
past conversations. The business owners have claimed that they have their staff regularly check the
customer traffic outside. I personally have never heard a staffmember of either facility 2097 or 2099
bring the noise levels down without a phone call prompting them. I work 8-5 during the day and I
consult in the evenings. I pay a competitive rate for housing and I feel that the noise being caused by
2097 and/or 2099 Bascom depreciates not only the value of the house, but the enjoyment of any
current or future occupants.
CITY OF CAMPBELL
Community Development Department
November 17, 2000
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 28, 2000, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Mr. Phil Schaefer, on behalf of Champions Pool & Games, for approval of a
Modification (PLN2000-152) to a previously-approved Conditional Use Permit to extend the
allowable hours for on-site beer and wine sales and once-weekly musical entertainment on
property located at 2097 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District.
This project is Categorically Exempt.
Interested persons may appear and be heard at this heating. 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 Heating. 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. PLN2000-152
Address: 2097 S. Bascom Avenue
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - F^X 408.866.8381 · TDD 408.866.2790
. cA4 %
ORCH A~.0
Development
Application
File No.
Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140
PROPERTY ADDRESS: 2~% S'F~COry%~c~r''
DATE FILED:
GENERAL PLAN:
TYPE OF APPLICATION(S):/Q
PiSS:
CITY/STATE:
CITY/STATE:
TELEPHONE:
TELEPHONE: ( )
ZIP:
Attach a separate sheet listing the names and addresses of others you wish to receive copies of staff reports and
agendas.
AFFIDAVIT/SIGNATURE(S):
The undersigned person(s), having an interest in the above-described property, hereby make this
. tion in accordance with the provisions of the Campbell Municipal Code; and, hereby certify
ormation given herein is tree and correct to the best of my/our knowledge and belief.
NOTE: Staff ist lui~ed by State Law to notify applicants of the completeness of their applications within 30 days.
Only those applic: .o~s which are found complete will be placed on the Planning Commission Agenda.
OFFICE USE ONLY
PC Meeting:
PC Action:
CC Meeting:
CC Action:
Fee Paid:
Receipt Ng:
Completeness Letter Sent:
300 Foot Notices Mailed:
press NOtice Published:
of Determiriation:
Rvsd. 03/30/98
ORCH A?.g '
Use Permit
Supplemental Application
FILE NO.
PURPOSE
A Use Permit allows for special consideration of certain
specified uses which may be compatible with an area depending
on the specifics of the particular case. The Use Permit process is
designed to provide the City sufficient flexibility to determine
whether a specific land use on a certain site will be compatible
with its environs and the General Plan.
PROCESS
Project Consideration & Pre-Application Review: In reviewing
a use permit application, the staff and Planning Commission will
evaluate such items as building placement and size, traffic
generation, noise, hours of operation, adequacy of parking,
circulation, drop-off facilities and overall compatibility of use
with adjoining properties. It is recommended that the applicant
submit a preliminary proposal to the Planning Department prior
to submission of formal application. This will allow the
Planning staff to review the request and inform the applicant of
possible concerns related to the proposal.
Filing of Application: The applicant should submit a completed
application, filing fee, a written statement and other required
information to the Planning Department. A planner will be
assigned to review the material to make sure all the required
information is provided. The applicant will be notified within
30 days as to whether the application is complete or whether
additional information is required.
Environmental Review: Typically, use permits are categorically
exempt from the environmental review process.
Site and Architectural Review Committee (SARC): Use permit
applications involving exterior modifications require review by
SARC. The Committee reviews the application for site layout
and building design and then forwards a recommendation to the
Planning Commission.
Staff Review: The Planning staff will review the application and
conduct a site investigation to determine the relationship of the
request with the City's General Plan and to analyze land use,
traffic, site plan and other impacts or concerns of the proposed
project. A written staff report will be prepared for the Planning
Commission (PC) that includes staff's recommendations and a
description of the development proposal. A copy of this report
will be sent to the applicant during the week prior to the PC
heating on the application. Copies are also available to the
public.
Public Notice: Ail use permit applications require a public
hearing which is held during the Planning Commission meeting.
At least ten days prior to the meeting, property owners within
300 feet of the site will be notified by mail of the public hearing
and a notice will be published in the Campbell Express.
Planning Commission Meeting: The staff will present an oral
report and recommendation for your application. This
presentation will be followed by testimony from the applicant
and then by any interested persons who may wish to comment
on the application. The Planning Commission may then close
the public hearing and make a decision approving or
conditionally approving the request, denying the request or
postponing the decision to a later date. Unless an appeal is filed,
the Planning Commission's decision will become final unless
ratification is required by the City Council.
Appeal to Ci_ty Council: Use permits do not go to the City
Council unless the Planning Commission's decision is appealed
within ten calendar days.
Zoning: ~ "2-
Proposed Use:
Gross Floor Area:
Net Lot Size:
Surrounding Uses:
Parking Spaces:
Project Summary
INFORMATION TO BE FILLED OUT BY APPLICANT
North:
East:
Required
General Plan Designation:
Floor Area Ratio:
Landscape Coverage:
/5 r--race South:
Seaag Co~t:
Provided Resm~t and Assembly Uses
Rvsd. 03/30/98
To:
ITEM
City Clerk
Please cc t and receipt
for the fc ,ring monies.
Planning File No.:
Address: ~o~(--
AMOUNT
Major:
A. 1+ acres -General Plan Amendment
Zone Change
Planned Development Permit
EIR Review
$4,836.00
4,836.00
4,836.00
4,836.00
0-1 acre
General Plan Amendment (552.4660)
Zone Chax~ge
Planned Development Permit
EIR Review
3,510.00
3,510.00
3,510.00
3,510.00
Minor:
A. Subdivision Map (5+ Lots)
Site and Architectural 10+ K S.F.
Tentative Parcel Map (4<Lots)
3,510.00
2,348.00
2,348.00
Site and Architectural 0-10 K. S.F.
Variance (Non-residential)
Text Amendments
Use Permit
1,692.00
1,692.00
1,692.00
1,692.00
Miscellaneous
Variance (Residential)
Modifications -
of Approval
Modification PD Permit
Reinstatements
Revised Development Schedule
Extensions of Time
1,050.00
1,050.00
1,050.00
1,050.00
Site and Architectural (Res/Each House)
Minor Modifications to Side Yard Setback (Residential)
Signs (Each Sign)
Sign Programs
Fence Exception
Promotional Events
131.00
131.00
131.00
500.00
131.00
131.00
Appeals
Downtown Development Permit
Historic Preservation Zone, Use Permit, HP Permit
0
0
0
Other
Maps
General Plan Text
Zoning Ordinance
Copies (per page)
Refundable Deposit -- Account 2203
Fire Department Review -- Account 01.303.3322
Architectural Approval
Project Plan Review
Subdivision
Park Impact Fee - Account 295.535.4920
Tree Replacement In-Lieu Fees - Account 101.701.4971
6.50
19.00
23.00
1.00 (l~page,.10 ea add'l)
54.75
164.00
$109.50+ 10 perloffunit
For City Clerk Only
Receipt No:
Amount Paid: / O ~ -00
Received by:
Date: [o//,~/,,~0oo
Exception for Major Projects: It is anticipated that the application processing costs of selected major
projects will significantly exceed the above fees. In these cases, the Community Development Director
may collect a deposit and charge actual time spent to process the application based upon current hourly
rates.
Note: Adopted on 06/06/00 by Campbell City Council Resolution No. 9687, effective 08/07/00.
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
July 27, 1999
M 99-05
(UP S5-03)
Schaefer & Aal
Public Hearing to consider the applications of Mr. Phil Schaefer and Mr.
Richard Aal on behalf of Champions Pool & Games, for approval a
Modification ( M 99-05) to a previously-approved Conditional Use Permit
(LIP 85-03) to allow the establishment of an arcade (25 machines)and an on-
sale beer/wine license in conjunction with an existing billiard establishment
on property located at 2097 S. Bascom Avenue in the C-2-S (General
Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a modification of a
previously approved Conditional Use Permit to allow a beer/wine license and an arcade in
conjunction with an existing billiards establishment, subject to the attached Conditions of
Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15301 classl(a) (Existing Facilities) of CEQA;
therefore, no environmental action is required.
PROJECT DATA
Site Data:
Net Lot Area: .76 acres
33,200 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
32% 10,540 sq. ff.
14% 4,648 sq. ff.
54% 6,447 sq. ft.
Building Area:
Multi-tenant retail building: 10,540 sq. fr.
Tenant space: 4750 sq. fr. (45 %)
Floor Area Ratio (FAR): .32(FAR)
Parking:
Required:
Provided:
Retail ~ 1:200 per square foot = 53 spaces
53 spaces (39 surface parking spaces and 14 garage spaces)
StaffReport - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 South Bascom Avenue
Pa~e 2
Proposed Hours of Operation:
Noon to 2 a.m.(Daily)
Surrounding Uses:
North:
East:
South:
West:
Office and Duplexes
Office and Retail (across Bascom Ave.'
3 story office building
Apartments
DISCUSSION
Backeround: In 1985, the Planning Commission granted a Conditional Use Permit to allow the
establishment of a six table billiard parlor in approximately 1500 square feet of the multi-tenant
retail building on the subject property. In 1989 the Planning Commission approved an expansion
to 3450 square feet accommodating 14 tables and operational hours to 2 a.m. Subsequent to that
approval, the business owner received approval of a modification to allow a beer/wine license
with limited operational hours to 11 p.m. The previous business owner never exercised their
approval to allow a beer and wine license and maintained operational hours until 2 a.m.
Campbell Pool and Pizza has operated at this location in a 4750 square foot tenant space for the
past 5 years with 16 tables and a semi-arcade accommodating 9 coin operated machines. The
increased tenant space area and number of tables was not approved by the Planning Commission
but was expanded to accommodate office and food preparation space. The current operational
hours are from noon to 2 a.m.
City Council Action: The City Council in the November of 1998 approved an amendment to
Chapter 5.28 (Pool and Billiard Halls) allowing minors in billiard establishments which serve beer
and wine. Prior to the adoption of this amendment, minors were not permitted in billiard
establishments that served beer/wine.
Applicant's Proposal: The applicant is requesting approval of a modification to the previous
approvals to allow a beer/wine license and an arcade in conjunction with the existing
establishment on the project site. The applicant intends to maintain the same square footage (4750
sq. fi.) as well as the same operational hours as the existing billiards business (noon to 2 a.m.).
The requested modification would reduce the number of billiard tables from 16 to 13 and increase
the number of arcade machines from 9 to 25.
The project site is located on the west side of South Bascom Avenue between Campbell and
Apricot Avenues. The site is a multi-tenant retail building which is shared with a florist, tailor, nail
shop, hair dressers, pizzeria and a television repair business. The proposed tenant space represents
the largest space and occupies approximately 45% of the building.
StaffReport - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 South Bascom Avenue
Page 3
ANALYSIS
General Plan Designation: The General Plan land use designation for the project
commercial. The proposed use is consistent with this land use designation.
site is
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial)i
The existing billiards use is permitted subject to a use permit within this zoning district. The
allowance of alcohol sales, an arcade and late operational hours requires approval of a
modification to the previous Conditional Use Permit.
Building Design: No architectural changes are proposed with the modification of this business
operation.
Parking: The Zoning Ordinance requires the provision of 53 parking spaces for the existing retail
building. The approved parking layout for this project provided 39 parking spaces on a surface lot
and 14 parking spaces in a garage below the retail spaces, a total of 53 parking spaces.
Landscaping: The existing landscaping in the parking area will remain.
Modification to Conditional Use Permit
Liquor License: In conjunction with the billiard establishment a beer and wine license is
requested. The serving of alcoholic beverages for the billiard establishment is ancillary to the
primary gaming and arcade use of the tenant space. A condition of approval requires compliance
with the State Department of Alcoholic Beverage Control. Additionally, a beer/wine license at this
location does not represent an over 'concentration of liquor establishments in this neighborhood.
Recent amendments to the billiards ordinance allows minors in billiard establishments where
beer/wine beverages are sold if approved through the use permit process.
Arcade/Billiard Permit: The applicant is requesting approval of a arcade and billiard permit to
allow the placement of 25 coin-operated machines with the billiard establishment. Staff considers
the requested use incidental to the primary billiard use and supports its approval. Recommended
conditions of approval require that the applicant process an arcade/billiard permit through the
Police Department and that noise and traffic associated with of the business not interfere with the
enjoyment of neighboring residential and commercial uses.
Operational Hours: Commercial uses which operate beyond 11 p.m. are required to received
approval of a conditional use permit. The applicant's request to remain open until 2 a.m. on daily.
The present business has operated at this location with the same operational hours without
incidents for the past 5 years. The sale of beer and wine and additional arcade machines will not
impact the operational hours of the business.
StaffRepo~ - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 South Bascom Avenue
Page 4
Staff is recommending that the operational hours of the business be modified to close at 11 p.m.
Sunday through Thursday and to close at 2 a.m. on Fridays and Saturdays. This recommendation
is due the relative proximity of the parking area to adjacent residential uses.
Noise:
The location of the major parking area is located at the rear of the commercial lot adjacent to
residential uses. Initially, activities in the parking area had caused noise problems for the adjacent
residential uses when the billiard parlor was established, however, in recent years significant noise
complaints have been received. Staff does not anticipate a problem with the requested change in
USe
A condition of approval is recommended that the operational hours of the business be modified to
11 p.m. on weeknights and that they may be limited further by the Community Development
Director in the event that complaints are received regarding late night hours of this business.
Additionally the applicant is require to monitor and police the parking area during late evening
hours. The applicant has indicated that they also intend to provide additional staffing to supervise
the additional activity.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the billiard/arcade use. The conditions of approval require that
the applicant process a billiard and arcade permit with the Police Department, consistent with
sections 5.28.020 and 5.30.020 of the Campbell Municipal Code. The Police Department in its
review will require operational procedures to insure the supervision of minors and the proper sale
of alcoholic beverages. These permits require City Council approval.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application in that no design changes are proposed with the request.
Attachments:
1. Findings for approval of M 99-05(UP 85-03)
2. Conditions of Approval for M 9%05
3. Business Description for the Champions Pool and Games
4. Exhibits and Aerial Photo
5. Location Map Depict Liquor Establishments within the Vicinity
6. Location Map
Prepared by~y~e
Approved by:
Planner
shar'"on Fierro, Senior Planner
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
Findings for Approval of a Modification to a previous Use Permit (M 99-05) to allow the
establishment of a beer/wine license and an arcade in conjunction with an existin~ billiards
establishment.
The Planning Commission finds as follows with regard to File No. M 99-05:
1. The proposed billiard/arcade establishment with a beer/wine licenses and operational hours
after 11 p.m. is a permitted use with a Use Permit in the C-2-S zoning district.
2. The proposed billiard/arcade is consistent with the Commercial land use designation of the
General Plan shown for this site.
The proposed beer/wine license is incidental to the primary function a billiard and arcade
business and is permitted consistent with section 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The proposed beer/wine license and late night hours of operation in conjunction with the
billiards and as conditoned is consistent with the commercial land use of the General Plan and
the C-2-S zoning designation.
5. The beer/wine license, arcade and late night hours of operation, subject to the conditions of
approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The beer/wine service will not result in an over concentration of such uses in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
8. The establishment of a beer/wine license and an arcade will not significantly disturb the peace
and enjoyment of any nearby residential neighborhoods.
Findings for Approval - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 S. Bascom Avenue
Pase 2
9. The billiard establishment with beer/wine service and an arcade will not significantly increase
the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of a billiard parlor with beer/wine service and an arcade 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment as conditioned is compatible with the adjacent land uses and the
surrounding neighborhood.
Attachment #2
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. M~EETING: July 27, 1999
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. 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
1. Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours a_,~er 11 p.m. on property located at 2097 S. Bascom Avenue
and shall substantially conform to the project exhibits listed below, except as may be modified
by the Conditions of Approval contained herein. This approval is revocable by the Planning
Commission as prescribed in section 21.72.110.
A. Plot plan illustrating the location of the 4750 square foot tenant space.
B. Floor plans depicting the tenant space and limiting the number of billiard/pool tables to 13
and 25 arcade machines.
C. Applicant's project description
Extended hours of operation YIours of operation are from (noon to 2 a.m daily) except
beer/wine sales shall terminated at 11 p.m. Sunday through Thursday. If the Community
Development Director receives substantiated complaints regarding noise or impacts associate
late night hour operations, the Director may limit the operational hours of the business within
10 days written notice. The decision the Community Development Director may be appealed
to the Planning Commission as prescribed in the Zoning Ordinance.
3. Landscaping: All landscaping and irrigation to be maintain in accordance with approved
landscaping plans.
Liquor license: Applicant shall file and complete processing of the beer/wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
On-site Lighting: Details of any new project lighting shall be approved by the Community
Development Director prior to the issuance of building permits. The lighting shall not create
glare on adjacent residential uses.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDREss: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
page 2
Buildin~ Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for approval
by the Planning Division.
11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans to
be reviewed and approved by the City prior to the issuance of building permits for the project.
The design of the trash enclosure shall match the building in terms of color and finish.
12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance. No
sign shall be permitted until the application is approved and a permit issued.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
page 3
13. Noise:
A. Exterior Doors: All doors providing access to and from the billiard establishment shall be
self-closing doors and shall not be propped open.
Nighttime Exiting: Occupants of the building during nighttime hours after 10:00 p.m.
shall be duly notified of the noise restrictions. The business owner or management is
responsible for monitoring the parking area and to prohibit loitering and disruptive noise
caused by their patrons.
Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses within the building or by customers in the
parking area shall not be audible to a person of normal hearing acuity from any residential
property at~er 10:00 p.m.
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
this use, may limit the operation hours and/or may require a Noise Management Plan to be
submitted by the applicant consisting of an acoustical study by a qualified acoustical
engineer for recommendations to attenuate the noise. The applicant shall implement the
mitigation measures as determined in the acoustical study to comply with the noise
conditions as herein included in these Conditions of Approval. Actions by the Community
Development Director may "oe appealed to the Planning Commission, but the reduced
hours for the business shall be effective immediately upon notification by the Community
Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
POLICE DEPARTMENT
14. Billiard/Arcade Permit: The applicant shall process permits with the Police Department
consistent with section 5.28.020 and 5.30.020 of the Campbell Municipal Code prior to the
establishment of the business.
CENTRAL FIRE DISTRICT:
15. No fire department requirements.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
page 4
PUBLIC WORKS DEPARTMENT:
16. No Public Works Department requirements.