Mod to Use Permit - 2000 CITY OF CAMPBELL
Community Development Department · Current Planning
October 12, 2000
Michael Craig
Capers Grille & Bar
1710 W. Campbell Avenue
Campbell, CA 95008
Re: PLN2000-116 - 1710 W. Campbell Avenue - Capers Grille & Bar
Dear Applicant:
Please be advised that at its meeting of October 10, 2000, the Planning Commission
adopted Resolution No. 3308 approving a Modification (PLN2000-116) to a previously-
approved Conditional Use Permit to allow incidental live entertainment and extended
hours of operation beyond 11 p.m. for an existing restaurant 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,
Tim J. Haley
Associate Planner
CC.'
Kirkorian Enterprises (Property Owners)
Attn: John Kirkorian
1630 W. Campbell Avenue
Campbell, CA 95008
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3308
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2000-116) TO A CONDITIONAL USE PERMIT TO ALLOW
INCIDENTAL LIVE ENTERTAINMENT AND EXTENDED
HOURS OF OPERATION BEYOND 11 P.M. FOR AN EXISTING
RESTAURANT AND BAR ON PROPERTY LOCATED AT 1710
W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR.
MIKE CRAIG, ON BEHALF OF CAPERS GRILLE & BAR.
FILE NO. PLN2000-116:
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2000-116:
The proposed live entertainment and late night hours of operation for an existing restaurant
and bar are consistent with the commercial land use designation of the General Plan and the
C-1-S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
2. The existing restaurant with bar is located in a tenant space within a commercial shopping
center and is compatible with the surrounding development and uses.
3. The existing restaurant with bar is located approximately 200 feet from the nearest residential
uses and is compatible with the adjacent land uses and the surrounding neighborhood.
The proposed live entertainment, in the form of solo artists, two to three piece bands, karaoke
singing and dancing, and late night hours of operation to 12 a.m. (Sundays through
Thursdays) and 1 a.m. (Fridays and Saturdays) are incidental to the primary function of the
site as a restaurant with a bar.
The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional seating will be added to the
restaurant with bar in conjunction with the addition of the live entertainment uses and the late
night hours of operation past 11 p.m.
o
All findings and conditions of approval under the previously approved Use Permit (M 97-09
& UP 95-18) for the existing restaurant and bar are included as part of the approval for the
Modification, unless herein modified, and shall remain in effect.
Planning Commission Resolution No. 3308
PLN2000-116 - 1710 W. Campbell Avenue - Extended Hours/Live Entertainment (Capers)
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the use will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood of such proposed use, or be detrimental or injurious
to property and improvements in the neighborhood or to the general welfare of the City.
2. The subject site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed project 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
1. Approved Proiect: Approval is granted for a Modification (PLN 2000-116) to a previously-
approved Use Permit (M 97-09 & UP 95-18) to allow the establishment of incidental live
entertainment, in the form of solo artists, two to three piece bands, karaoke singing and
dancing, and late night hours of operation past 11 p.m. for an existing restaurant with bar on
property located at 1710 W. Campbell Avenue. Approval shall substantially conform to the
project exhibits listed below, except as may be modified by the Conditions of Approval
contained herein:
A. Site plan of the shopping center indicating the restaurant and bar tenant space location
B. Floor plan of the restaurant and bar tenant space
C. Applicant's letter of request dated August 15, 2000
Hours of Operation: The hours the restaurant and bar is open to the public shall be restricted
to the following:
Sunday- Thursday: 11:00 a.m. to 12:00 a.m.
Friday & Saturday: 11:00 a.m. to 1:00 a.m.
Planning Commission Resolution No. 3308
PLN2000-116 - 1710 W. Campbell Avenue - Extended Hours/Live Entertainment (Capers)
Page 3
Outdoor Seating Hours:
Sunday - Thursday: 11:00 a.m. to 10:00 p.m.
Friday & Saturday: 11:00 a.m. to 10:00 p.m.
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3097 for approval of the Use Permit
(M 97-09 & UP 95-18), except as herein modified by the conditions of approval for the
Modification.
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.
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.
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 restaurant and bar (including the
outdoor seating area) shall not be audible to a person of normal heating acuity from any
residential property.
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
uses from the restaurant and bar (including the outdoor seating area), may limit the
operational hours of the uses for the restaurant and bar 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 for the restaurant 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 in the outdoor seating area.
D. Dance Floor Area: The area used for dancing shall be limited to the area noted on the
approved floor plan, and shall not exceed 200 square feet.
Planning Commission Resolution No. 3308
PLN2000-116 - 1710 W. Campbell Avenue - Extended Hours/Live Entertainment (Capers)
Page 4
POLICE DEPARTMENT
7. Live Entertainment Permit: The applicant shall obtain a live entertainment permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment.
PASSED AND ADOPTED this 10m day of October, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Gibbons, Lindstrom, Lowe
Doorley
Francois, Hemandez, Jones
APPROVED:~,L~za~tTt Gibbons, Chair
ATTEST:
'Sharon Fierro, Secretary
ITEM NO. 4
STAFF REPORT - PLANNING COMMISSION MEETING OF
October 10, 2000
PLN 2000-116
Craig, M.
Public Hearing to consider the application of Mr. Michael Craig on
behalf of Caper's Bar and Grill Restaurant for approval of a Modification
(PLN 2000-116) to a previously approved Use Permit (M 97-09 & UP
95-18) to allow incidental live entertainment and extended hours of
operation beyond 11 p.m. for an existing restaurant and bar on property
located at 1710 W. Campbell Avenue in a C-1-S (Neighborhood
Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Modification to a
previously-approved Use Permit (UP M 97-09 & UP 95-18) to allow incidental live
entertainment, in the form of solo artists, two to three piece bands, karaoke singing and
dancing, and extended hours of operation beyond 11 p.m. for an existing restaurant and bar,
subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15321 class 21(a) of the California
Environmental Quality Act; therefore, no environmental action is required.
PROJECT DATA
Kirkwood Plaza Shopping Center:
Gross Acres:
Building Coverage:
Landscaping:
Parking Required:
Parking Provided:
11.36 acres
27%
15%
861 spaces
681 spaces
Restaurant:
Indoor Tenant Space:
Outdoor Seating Area:
Number of Seats:
Hours of Operation:
3,500 square feet
1,000 square feet
110 seats (75 seats inside/35 seats outside)
Sunday - Thursday: 11:00 a.m. to 1:00 a.m.
Friday & Saturday: 11:00 a.m. to 2:00 a.m.
Outdoor Seating Hours:
Sunday - Thursday: 11:00 a.m. to 11:00 p.m.
Friday & Saturday: 11:00 a.m. to 12:00 a.m.
Staff Report - Planning Commission Meeting of October 10, 2000
PLN2000-116 -- 1710 W. Campbell Avenue - Extended Hours/Live Entertainment -- Capers
Page 2
DISCUSSION
Applicant's Proposal: The applicant, Michael Craig, is requesting approval of a Modification
(PLN 2000-116) to a previously-approved Use Permit (M 97-09 & UP 95-18) to allow incidental
live entertainment, in the form of solo artists, two to three piece bands, karaoke singing and
dancing, and extended hours of operation beyond 11:00 p.m. for an existing restaurant and bar,
Caper's Restaurant, located at 1710 W. Campbell Avenue. The restaurant is located in a tenant
space within the Kirkwood Plaza Shopping Center adjacent to Hawg's Seafood Bar and Wireless
World. The shopping center is located on the southwest comer of San Tomas Aquino Road and
West Campbell Avenue and is surrounded by commercial uses and single-family residences to
the north, multiple-family residences to the south, multiple-family residences to the east and
various commercial uses to the west.
Background: The Planning Commission previously approved a Use Permit (M 97-09 & UP 95-
18) for the restaurant and bar. The restaurant and bar with on-sale general liquor service were
previously approved as part of the shopping center.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
Commercial. The proposed addition of live entertainment as an incidental use to the existing
restaurant and bar and the proposed late night hours of operation beyond 11 p.m. are consistent
with the commercial land use designation of the site.
Zoning Designation: The zoning designation for the project site is C-1-S (Neighborhood
Commercial). The existing restaurant and bar are permitted with a use permit within the C-1-S
zone. The addition of live entertainment uses and the proposed late night hours of operation for
the existing restaurant and bar are permitted under the zoning ordinance with approval of a Use
Permit.
Conditional Use Permit
Live Entertainment Permit: The applicant is requesting approval to allow live entertainment in
the form of solo artists, two to three piece bands, karaoke singing and dancing in conjunction
with the existing restaurant and bar. The live entertainment is described as dinner music/jazz that
would be consistent with the operation of a full service restaurant. Staff is supportive of the
applicant's request and considers the proposed live entertainment uses as incidental uses to the
primary restaurant and bar use. As such, a condition of approval restricts the size of the dance
floor to 200 square feet.
No karaoke music or any other type of music and/or sounds will be played through the outdoor
speakers. Staff does not anticipate that the proposed addition of live entertainment will adversely
impact the surrounding neighborhood relative to noise given that the restaurant is located
approximately 200 feet from the existing residences along West Campbell Avenue. As an added
measure, Staff has also added a condition of approval requiring that no noise from the restaurant
and bar be audible from any of the nearby residences.
Staff Report - Planning Commission Meeting of October 10, 2000
PLN2000-116 -- 1710 W. Campbell Avenue - Extended Hours/Live Entertainment -- Capers
Page 3
Extended Operational Hours: Commercial uses which operate beyond 11:00 p.m. are required to
received approval of a conditional use permit. In addition to the live entertainment uses, the
applicant is requesting approval to extend the hours of operation of the restaurant and bar to 1:00
a.m. Sunday through Thursday and until 2:00 a.m. Friday and Saturday. Due to the location of
the restaurant and bar within an existing commercial shopping center and the distance of the site
from residential uses, Staff does not anticipate that the extended hours of operation will impact
the surrounding residential neighborhood relative to noise and traffic.
A condition of approval has been added that provides for review of the Use Permit, upon receipt
of verified complaints, by the Planning Commission. If staff is unable to immediately resolve
the matter with the business owner, the Community Development Director may immediately
modify the hours of operation and/or limit the live entertainment, subject to an appeal to the
Planning Commission by the business owner.
Staff has received two letters from nearby property owners expressing concern about the
extended hours of operation. They are attached to the report.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the addition of live entertainment in the form of solo artists, two
to three piece bands, karaoke singing and dancing as incidental uses to an existing restaurant and
bar with extended hours of operation. The conditions of approval require that the applicant
process a live entertainment permit with the Police Department, consistent with section 5.24.010
of the Campbell Municipal Code.
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 PLN 2000-116
2. Conditions of Approval for PLN 2000-116
3. ResolutiOn No. 3097 (M 97-09 & LIP 95-18)
4. Applicant's Letter of Request for live entertainment and late night hours of operation
5. Exhibits
6. Letters from nearby residents
7. Location Map
Prepared by~~' ~''~ G'eoffI. B~radley, Senior Planner/
Approved by h ~ ~[~1, t
S ~a~'on ierro, Commu i y eve opmen Director
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-116
SITE ADDRESS: 1710 W. Campbell Avenue.
APPLICANT: Michael Craig
P.C. MEETING: October 10, 2000
Findings for Approval of a Modification (PLN 2000-116) to a previously-approved Use Permit
(M 97-09 & UP 95-18) to allow live entertainment in the form of solo artists, two to three piece
bands, karaoke singing and dancing as incidental uses to an existing restaurant and bar
establishment and late night hours of operation for the restaurant and bar.
The Planning Commission finds as follows with regard to File No. PLN 2000-116:
The proposed live entertainment and late night hours of operation for an existing restaurant
and bar are consistent with the commercial land use designation of the General Plan and the
C-1-S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
2. The existing restaurant with bar is located in a tenant space within a commercial shopping
center and is compatible with the surrounding development and uses.
3. The existing restaurant with bar is located approximately 200 feet from the nearest residential
uses and is compatible with the adjacent land uses and the surrounding neighborhood.
The proposed live entertainment, in the form of solo artists, two to three piece bands, karaoke
singing and dancing, and late night hours of operation to 1 a.m. (Sundays through Thursdays)
and 2 a.m. (Fridays and Saturdays) are incidental to the primary function of the site as a
restaurant with a bar.
o
The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional seating will be added to the
restaurant with bar in conjunction with the addition of the live entertainment uses and the late
night hours of operation past 11 p.m.
All findings and conditions of approval under the previously approved Use Permit (M 97-09
& UP 95-18) for the existing restaurant and bar are included as part of the approval for the
Modification, unless herein modified, and shall remain in effect.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the use will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of persons
Findings - Planning Commission Meeting of October 10, 2000
PLN2000-116 -- 1710 W. Campbell Avenue - Extended Hours/Live Entertainment -- Capers
Page 2
residing or working in the neighborhood of such proposed use, or be detrimental or injurious
to property and improvements in the neighborhood or to the general welfare of the City.
2. The subject site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed project is compatible with the adjacent land uses and the surrounding
neighborhood.
Attachment #2
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR HLE NO. PLN 2000-116
SITE ADDRESS: 1710 W. Campbell Avenue
APPLICANT: Michael Craig
P.C. MEETING: October 10, 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 Prqiect: Approval is granted for a Modification (PLN 2000-116) to a previously-
approved Use Permit (M 97-09 & UP 95-18) to allow the establishment of incidental live
entertainment, in the form of solo artists, two to three piece bands, karaoke singing and
dancing, and late night hours of operation past 11 p.m. for an existing restaurant with bar on
property located at 1710 W. Campbell Avenue. Approval shall substantially conform to the
project exhibits listed below, except as may be modified by the Conditions of Approval
contained herein:
A. Site plan of the shopping center indicating the restaurant and bar tenant space location
B. Floor plan of the restaurant and bar tenant space
C. Applicant's letter of request dated August 15, 2000
Hours of Operation: The hours the restaurant and bar is open to the public shall be restricted
to the following:
Sunday - Thursday: 11:00 a.m. to 1:00 a.m.
Friday & Saturday: 11:00 a.m. to 2:00 a.m.
Outdoor Seating Hours:
Sunday - Thursday: 11:00 a.m. to 11:00 p.m.
Friday & Saturday: 11:00 a.m. to 12:00 a.m.
o
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3097 for approval of the Use Permit
(M 97-09 & UP 95-18), except as herein modified by the conditions of approval for the
Modification.
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.
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
Conditions - Planning Commission Meeting of October 10, 2000
PLN2000-116 -- 1710 W. Campbell Avenue - Extended Hours/Live Entertainment -- Capers
Page 2
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.
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 restaurant and bar (including the
outdoor seating area) shall not be audible to a person of normal hearing acuity from any
residential property.
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
uses from the restaurant and bar (including the outdoor seating area), may limit the
operational hours of the uses for the restaurant and bar 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 for the restaurant 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
in the outdoor seating area shall be used after 9:00 p.m.
D. Dance Floor Area: The area used for dancing shall be limited to the area noted on the
approved floor plan, and shall not exceed 200 square feet.
POLICE DEPARTMENT
7. Live Entertainment Permit: The applicant shall obtain a live entertainment permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment.
8/15/00
Application for Modification of
Previously Approved Conditional Use Permit
For Hours of Operation, Alcohol sales, and Live Entertainment at
Capers, located in Kirkwood Plaza at 1710 West Campbell Avenue.
Overview Capers is a full service upscale restaurant/bar. We would like to
extend our hours and provide live entertainment to our patrons. Our
requested_hours of operation are from 11 a.m. to 1 a.m. Sunday through
Thursday, and from 11 a.m. to 2 a.m. Friday and Saturday. Current
restrictions require us to close at 11 p.m. Our live entertainment would
consist of solo artists, ( mostly acoustic ), 2-3 piece bands, karaoke, D.J.s,
etc. Our emphasis would be on dinner music/jazz, and we would use a small
portion of the dining area as a dance floor.
Operational Proeram Exterior Doors- To control noise during extended
hours, we will keep exterior doors closed after 11 p.m. All exterior doors
will be equipped with self closers and shall be kept closed during late night
operations except for exiting purposes.
Noise Standard- No speakers or amplified sounds
will be permitted outside the building after 11 p.m. Noises within the
building will be kept low enough so as not to be audible to a person of normal
hearing from the nearest residential property ( across Campbell Ave. ).
Noise Management- In the event complaints are
received by the city regarding noise, the city may limit operational hours or
require a noise management plan be submitted by the applicant consisting of
an acoustical study by a qualified acoustical engineer for recommendations to
attenuate the noise, providing said complaint can be confirmed as being due
to noise generated in the building.
Patio Usage- No service will be provided to patio
seating later than 11 p.m. Sunday through Thursday, and 12 a.m. Friday and
Saturday.
PROPOSED FLOOR PLAN
TENANT IMPROVEMENTS
GENERAL NOTES
CAt~ ~!~11.1.~ & BAR
FOR MICHAEL CRAig
710 W. CAMI~ELL AVE
CA~BELL, ca
CINITY MAP
~A--~
!
CAll BS'LL AVE
SITE PLAN
DRAWING INDEX
A-O TITLESHEET, VICINITY MAP, SITE PLAN
FINISH SCHEDULE, MISC.
A-1 DEMOLITION FLOOR PLAN
A-2 PROPOSED FLOOR PLAN-TENANT
GENERAL NOTES & DETAILS.
IMPROVEMENTS,
October 3, 2000
Viola Hawes
1821 ~es: Campbell Avenue
Campbell, CA 95008
City of Campbell
Community Development Department
Current Planning
70 North First Street
Campbell, CA 95008-1423
Reference PLN2000-116
Gentlepersons
We have lived here as one of the original homeowners
of the Los Ranchitas tract. We have enjoyed the
rural atmosphere of the tract. We have raised four children
and now have our grandchildren living with me.
The gradual change from rural community to that
of the city environment has been troubling to me.
Now you are asking me to allow noisy activities
to go nn after 11 p.m. Our bedrooms face Campbell
Avenue and the additi6nal noise will definitely
affect the rest period of my family. PLEASE DO NOT
ALLOW THIS TO GO ON AFTER 11 P.M.
Yours truly
Viola Hawes
October 3, 2000
William C Beedle
Sarah Catherine Beedle
1832 Villarita Drive
Campbell, CA 95008-1522
Planning Commission of the
City of Campbell California
70 North First Street
Campbell, California 95008-1423
RE:
File No. PLM2000-116
1710 W. Campbell Avenue
Campbell, CA 95008
We strongly oppose the approval of a Modification
(PLN2000-116) to allow incidental live entertainment
and extended hours of operation beyond 11 p.m. at
17~0 W. Campbell Avenue in a C-1-S Zoning District.
Our opposition is based upon the past existence of
such a provision given to the Buffet. They were
given this exemption and the neighbood followed the
abuses named herein.
1. Music and other noises so loud it disturbed
the sleep of residents at 1713 M. Campbell Avenue,
1701 Campbell Avenue, 1832 Villarita Drive, and many
others in the Los Manchitis tract. The business refused
to cooperate with us unless the police intervined.
2. Excessive cars created annoying no~es Dy
horn blowing, excessive speeding, and persons hanging out
at or near their cars before departing the parking area.
3. Excessive speed on Campbell Avenue after
11 p.m. One actually lost control and stopped only
upon hitting the tree in my front yard.
4. Excessive foot traffic on Villarita & Campbell
Avenue after the closing time of the establishment.
Many of these walkers had been drinking.
I bought property in this rural area in 1960
noting the quality of life in this rural area. At
that time the property now in question had a pear orchard
and a two lane road in front of it. The original
owners of the property worked with this community and
we with them allowing them to go from single family
housing to multiple housing then to businesses. They
definitely took into consideration the quality of
life experienced in our tract. We would appreciate the
closing down at 11 p,m.
R~pectfully~ ~
~illiam & Sarah Beedle
Attachment
ect Location
.. I ~
CAMPBELL AVE
Location Map
1710 W. Campbell Avenue
PLN 2000-116
Modification to Previously-Approved Use Permit
Legend
Scale
1" = 500'
City Limits
......... Parcel Lines
RECE ¥ D
oc~r 9 2000
CiTY OF CAMPBELL Oct. 4, 2000
PLANNING DEPT.
Dear Sirs;
Thank you for notifying us of your public hearing of Mr. Michael
Craig, who wants to extend hours beyond 11 PM for his Bar and Grill
(PLN2000-116).
We are against this because it is so close to our neighborhood. We do
not want drunks wandering or getting sick in our neighborhood's bushes and
yards, or groups of people hanging out at all hours roaming around partying,
or having street traffic at all hours of the night. We have young families and
teens, that we need to protect from such influences.
The Bar and Grill is across the street from residential houses. I think it
unreasonable and unwise to allow the Bar and Grill to be open past 11 PM.
Sincer?ly Yours,
Ron and Lori Rose Fehr
1699 La Pradera Drive, Campbell, CA 95008
4(}8 374-7408
October 6, 2000
City of Campbell
Conununity Development Department-Current Planning
70 North First Street
Campbell, CA 95008-1423
T 0 2000
CITy OF OAMPB£
Ref File no. PLN2000-116
Address: 1710 W. Campbell, Avenue
To Whom it May Concern:
This letter is written is response to the Notice of Public Hearing scheduled for October 10, 2000
regarding the application of Mr. Michael Craig, on behalf of Caper's Bar and Grill, for approval of
a modification to a Use Permit to allow incidental live entertainment and extended hours of
operation beyond 11:00PM for an existing restaurant and bar on property located at 1710 W.
Campbell Avenue.
Unfortunately my wife and I cannot attend the hearing regarding this issue as we will be out-of-
town on the scheduled date. But we would like our feelings read into the record regarding the
request by Mr. Craig.
We strongly oppose the extended hours and request for live music. Our home is located directly
across the street from Caper's Bar and Grill. It is not reasonable to subject the homeowner's that
live on Campbell Avenue and La Pmdera Drive with more noise and activity than is already present.
Introducing late night drinking and live music in this location devalues our neighborhood which
many of us are working hard to improve. In fact, if Campbell Avenue in this area was commercially
zoned on both sides of the street, the request would not pose a problem. But the very essence of
live music with the mixture of alcohol virtually guarantees that at least some of the time, loud music
and other disturbances will be levied on the homeowner's and renters along Campbell Avenue.
This is unfair to those of us that live in this area. We respectfully request that the application be
denied. One individual should not profit at the expense of those of us who have lived and invested
in our homes long before Mr. Craig opened his establishment.
CITY OF CAMPBELL
Community Development Department · Current Planning
September 29, 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, October 10, 2000, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Mr. Michael Craig, on behalf of Caper's Bar and Grill, for approval of a
Modification (PLN2000-116) to a Use Permit to allow incidental live entertainment and
extended hours of operation beyond 11 p.m. for an existing restaurant and bar on property
located at 1710 W. Campbell Avenue in a C-1-S (Neighborhood 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 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. PLN2000-116
Address: 1710 W. Campbell Avenue
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - FAX 408.866.8381 - TDD 408.866.2790
To:
ITEM
City Clerk
Please ~ct and receipt
for the ,..owing monies.
Address:
AUOUNT 0 5 --o 7
Major:
A. 1+ acres -General Plan Amendment
Zone Change
Planned Development Permit
EIR Review
0-1 acre
General Plan Amendment (552.4660)
Zone Chauge
Planned Development Permit
EIR Review
$4,836.00
4,836.00
4,836.00
4,836.00
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
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
For City Clerk Only ~mou~t p~a d~. I~
Exception for Major Projec~ tl¥i~"~fiticipated that the appNca'tion
6.50
19.00
23.00
1.00 (l~page,.lO ea add'l)
54.75
164.00
$109.50+ 10 perloffunit
processing costs of selected major
projects will significantly exceed the above fees. In these cases, the Community Development Director
may collect a deposit and charge actual time spent to process the application based upon current hourly
rates.
Note: Adopted on 06/06/00 by Campbell City Council Resolution No. 9687, effective 08/07/00.
O,~CH/kg.0
Development
Application
File No.
Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140
APN(S): ~0'~'OZ-O~$ ~o No3-OL-exff DATEFILED:
ZONING: {~ [- ~ N~_tt,~a g0~oOO C.0~o~¢6ta<- GENERAL PLAN:
PROPERTY ADDRESS: [ ~ [0 bO~.S r ~M'gf_Ll~ ~ ~
TYPE OF APPLICATION(S): ~6~)I~IL0fT~0~ 6~ ~kS~- p£gbaIT
ADDRESS:
CITY/STATE:
TELEPHONE:
ziP:
ADDRESS: !( 30 ~ 'C~(I~L,~ ~ TELEPHONE: ~Oq) 3?~-~'1cJ"1)
CITY/STATE: ~'~,t ~a~ & ZIP: ~ ~']3~
1
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
application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify
that the information given herein is tree and correct to the best of my/our knowledge and belief.
Applicant's Signature
Date
Date
NOTE: Staff is required by State Law to notify applicants of the completeness of their applications within 30 days.
Only those applications 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 No:
Completeness Letter Sent:
300 Foot Notices Mailed:
Press Notice Published:
Notice of Prep/Public Review:
Notice of Determination:
Rvsd. 03/30/98
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
hearing on the application. Copies are also available to the
public.
Public Notice: All use permit applications require a public
heating 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 City Council: Use permits do not go to the City
Council unless the Planning Commission's decision is app4aled
within ten calendar days.
Project Summary
INFORMATION TO BE FILLED OUT BY APPLICANT
Zoning: C-[-$
Proposed Use:
Gross Floor Area:
Net Lot Size:
Surrounding Uses:
Parking Spaces:
General Plan Designation:
Existing Use:
Floor Area Ratio:
North:
East: ~.c e--~, ~.~., ~
Required Provided
Landscape Coverage:
South:
West: ~ ~ ~ ~ c, ~ ~
Sea~g Co~t: ~ OD 5~R~ ~
Res~t and Assembly Uses
Rvsd. 03/30/98
Use Permit
Attachment A
Page
Do
PROJECT SUMMARY
This information must be provided either on the title sheet or site plan, in addition to the supplemental
application form. If you would like, you may xerox this worksheet on the site
plan or title sheet.
Assessor Parcel Number (APN):
Lot Size:
Utilization:
Building Coverage
(include cantilever portions)
Landscape Coverage
Paving Coverage
Floor Area Ratio:
Total building sq. ft.
divided by net lot size
Buildin~ Area:
Gross Floor Area
Number of Floors
Seating Capacity (if applicable)
Adiacent Land Uses:
North
South
East
West
Parking: ~'1
Standard '~
PROJECT SUMMARY
Gross sq. ft. (Property to center line of street)
Net sq. ft.
Sq. ft.
Percent%
Use
Zoning
Compact ~1.3 ~ Handicap
Rvsd. 3/30/98
Attachment D Page 2
Contribution Disclosure Form
TO BE FILLED OUT BY APPLICANT
I. [[/~ IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN
BELOW IN SECTION III.
II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE.
NAME:
ADDRESS:
ZIP:
TELEPHONE NO:
LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN
CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS.
NAME:
CONTRIBUTOR:
(if other than yourself)
DATE (S):
AMOUNT (S):
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
(if other than yourself)
(if other than yourself)
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
III.
SIGNATURE
Signature of Applicant/Agent - /
DATE:
Rvsd. 03/27/98
· ORCH Ag,.'g *
Attachment E
Hazardous Waste & Substance Sites Disclosure Form
This form must be completed by development applicants per the provisions of Government Code
Section 65962.5.
As part of the development application process, you must complete this disclosure form, certifying that
you have reviewed the current CAL-EPA Department of Toxic Substances Control Facility Inventory
Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of
Campbell) and indicate below whether your project site is included on this list.
Project Site Address:
Proposed Project:
Yes, the above-referenced site is included on the CAL-EPA Department of Toxic Substances
Control Facility Inventory Data Base Hazardous Waste and Substances Sites List.
No, the above-referenced site is not included on the CAL-EPA Department of Toxic Substances
Control Facility Inventory Data Base Hazardous Waste and Substances Sites List.
Applicant Signature
Please provide this completed form to the City of Campbell, Planning Department, 70 N. First Street,
Campbell, CA 95008, together with the application for development.
Rvsd. 06/10/98
APPLICATION
Six copies of scaled site plan.
Elevations not applicable.
Conditional Use Permit Amendment Application.
1. Capers is a full-service upscale restaurant/bar. We offer a full menu including lunch and
dinner entrees, appetizers, desserts and children's menu. Our current conditional use
permit allows us to operate until 11PM and does not allow live entertainment.
We would like to amend our use permit to allow operation until lAM Sunday through
Thursday and until 2AM on Friday and Saturday. We intend to keep the kitchen open
until 10PM or 11PM nightly, but would like to allow our patrons to remain later.
We would also like to be allowed to include live music entertainment in our restaurant,
subject to your restrictions. We would propose the music be limited in volume in respect
to our neighbors, but that we be allowed to bring in music all during the week.
We will remain primarily a restaurant, but we believe to be successful long term we need
to allow additional hours of operation and live entertainment. We want to be a reliable
assets to and member of both Kirkwood Plaza and the City of Campbell and believe these
conditions will help us to achieve this goal.
Thank you for your consideration.
Square footage will remain at approx. 3500 sq. ft.
Capers will employ approx. 6 full time employees and 9 part-time employees.
Sun-Wed 11 AM- 11 PM (existing)
Sun-Thurs 11AM-lAM (proposed)
Fri- Sat 11AM-2AM (proposed)
Capers is located in Kirkwood Plaza next to Hawgs Seafood Bar and Wireless World.
CITY OF CAMPBELL
Community Development Department. Current Planning
July 17, 2000
Michael Craig
Capers Grille & Bar
1710 W. Campbell Avenue
Campbell, CA 95008
Subject: PRE 2000-47 - Capers
1710 W. Campbell Avenue
Dear Mr. Craig:
The Planning Division has reviewed your preliminary application to modify a previously
approved conditional use permit to allow extended hours of operation and live entertainment.
The modification of a use permit requires approval by the Planning Commission at a public
hearing, where property owners within 300 feet of the project site are notified. An application has
been enclosed for your consideration.
This preliminary application was reviewed by our Police and Fire Departments without any
objections.
Your application should better define the type of entertainment and if there is a desire to have a
dance floor.
Additionally, concerns are generally raised regarding the noise associated with late night uses
and live entertainment. The use of outdoor areas for smoking and entertainment may impact
nearby residential uses. Your application should provide an operational program to address these
concerns.
The Police Department additionally has a separate review procedure for live entertainment
permits that would be processed after the Planning Commission's consideration. --
Please do not hesitate to contact me at (408) 866-2144 to schedule a meeting to discuss these
comments and the application process.
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.86'6.2790
PRE 2000-47 1710 W. Ca~
July 17, 2000
Page 2
· bell Avenue-Capers
Sincerely,
Tim J. Haley
Associate Planner
CC:
Sharon Fierro, Community Development Director
Rich Shipman, Police Department
Harold Housley, Land Development Engineer
Chris Veargason, County Fire Department
KIRKORIAN
ENTERPRi SICS. I~.I~.C.
·
June 30, 2000
City of Campbell
Community Development Department
70 N. First St.
Campbell, CA 95008
Re:
Approval of Conditional Use Permit
Capers Eat & Drink
1710 W. Campbell Ave.
Campbell, CA
Dear Sir or Madam:
Please consider this letter as a recommendation from Kirkorian Enterprises, L.L.C. to
approve the Conditional Use Permit establishing longer business hours for Capers Eat &
Drink.
We are very excited about the opening of Capers Eat & Drink at Kirkwood Plaza. We
believe customers will enjoy the safe, upscale environment Capers will bring to the
shopping center.
Thank you for your time and consideration.
Sincerely,
KIRKORIAN ENTERPRISES, L.L.C.
/jmk
1630 WEST C\MI'I~EIL AYEN[ E CAMPBEIJ~, CAIJFORNIA 95008 (408) 379-4547 E\\ (408) 379-9093
KIIIKORIAN DI,;VI';I~OPMENTS KIRKORIAN FAMII~¥ PAI/TNEIISHII' JMK P4RTNERSH1P KIRKORIAN PI/()I'EIITIES
APPLICATION
A~
B.
C.
Six copies of scaled site plan.
Elevations not applicable.
Conditional Use Permit Amendment Application.
1. Cap~s is a full-service upscale restaurant/bar. We offer a full menu including lunch and
dinner entrees, appetizers, desserts and children's menu. Our current conditional use
permit allows us to operate until 11PM and does not allow live entertainment.
We would like to amend our use permit to allow operation until 1AM Sunday through
Thursday and until 2AM on Friday and San_~day. We intend to keep the kitchen open
until 10PM or t 1PM nightly, but would like to allow our patrons to remain later.
We would also like to be allowed to include live music entertainment in our restaurant,
subject to your restrictions. We would propose the music be limited in volume in respect
to our neighbors, but that we be allowed to bring in music all during the week.
We will remain primarily a restaurant, but we believe to be successful long term we need
to allow additional hours of operation and live entertainment. We want to be a reliable
assets to and member of both Kirkwood Plaza and the City of Campbell and believe these
conditions will help us to achieve this goal.
Thank you for your consideration.
Square footage will remain at approx. 3500 sq. ft.
Capers will employ approx. 6 full time employees and 9 part-time employees.
Sun-Wed 11AM- 11PM (existing) _.
Sun-Thurs 11AM- 1AM (.proposed)
Fri- Sat 11AM-2AM (proposed)
Capers is located in Kirkwood Plaza next to Hawgs Seafood Bar and Wireless World