Billiards in C-1-S ZoningITEM N0.3
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STAFF REPORT -- PLANNING COMMISSION MEETING OF
° August 14, 2001
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Staff Request for a Planning Commission determination that a billiards use is similar
Initiated 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 Development 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 enterprises 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 a conditionally permitted use in the C-1
(Neighborhood Commercial) Zoning District
2. Findings that a billiards establishment is a conditionally permitted use in the C-1
(Neighborhood Commercial) Zoning District
3. Request for zoning determination dated 5/O1/O1
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
Submitted by:
Kristi Bascom, Planner I
Reviewed by:
Geoff I. 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: Staff-Initiated
DATE: August 14, 2001
Findings for Denial for a Planning Commission determination that a billiards establishment is not
similar to other uses Qermitted 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.
3. 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: Staff-Initiated
DATE: August 14, 2001
Findin sg for Approval for a Planning Commission determination that a billiards establishment is
similar to other uses permitted in the C-1(Nei~,hborhood 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) 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 similar in intensity to other uses permitted with a Conditional Use
Permit in the C-1 (Neighborhood Commercial) Zoning 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.
OS/O1/O1
Community Development Director City of Campbell
Shazoa Fierro-
Richard Aal and myself, Phil Schlaefer, have been actively looking for another site in Campbell to
move our business, Champions Pool 8c 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. ft. +.
There is however, a space next to MacFrugals at Campbell and San Tomas Aquino that is zoned
C-1. Some uses sunIlaz to ours not requiring a use permit listed in the C-1 Neighborhood Commercial
District Code section 21.22.020 under `R' -dancing, entertainment, sale of alcholic beverages(incidental to
the prunary business activity). Uses permitted with a use permit subject to approval in section Z 1.22.030
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-1 section, we believe our current problems would be solved by re-
locating to this 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:OOp.m. every night whereas the biiliazd rooms highest
traffic rate is from 9:00 to 1:OOa.m.
- bitiiazd 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. Ridiard 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-
/~il Scthlaefer
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CITY of CA~~lPBELL
Community Development Department -Current Planning
June 4, 2001
1v1r. 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-1-S (Neighborhood
Commercial) Zoning District.
If you should have any questions regarding this determination, please do not hesitate to call me, at 866-
21=10.
Sincerely,
haron Fierro
Community Development Director
cc: Dave Gullo, Police Chief
70 North first Street Campbell, California 95008-I 436 Tei- 408.866.21 40 ~ eax 408.866.8381 roo 408.866.2790
06/30/01
Campbell City Planning Commission and Campbell City Council:
Richard Aal and myself; Phil Schlaefer, aze 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 re-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 viab}e business in Campbell with the
inhospitable conditions with our landlord and the unapproved and unlicens~ Access Limousine Company
occupying the basement section of our building, at 2097 S. Bascom Ave.
Thank you for your consideration on this matter
Sincerely,
Phil `Schlaefer Ri
1
Owners Champions and Games
2097 S. Bascom Ave.
Campbell, Cal. 95008
21.24.030 Oses permitted with use permit. The follow-
ing uses are permitted s ~ect to approval of a conditional
use permit as prescribed in Chapter 21.72, Conditional Oses,
provided that such uses must be conducted wholly within an
enclosed building unless otherwise approved:
A. Any use allowed with a use permit in the Cl dis-
trict, unless otherwise specified;
B. Those uses specified in Section 21.72.120, Addi-
tional Uses Permitted; .
C. Ambulance service;
D. Amusement enterprises including bowling alley,
dancehall, games of skill, and arcades;
E. Animal hospital or pet clinic;
F. Auditorium;
G. Automobile, motorcycle and light truck sales and
services;
H. Auto repair shops including, but not limited to,
radiator, brake, tune-up, and upholstery;
I. Boat sales;
J. Cat boarding facility;
K. Equipment rental;
L. Fast food restaurants;
M. Flea market (temporary);
N. House trailer sales and rentals;
0. Indoor and outdoor commercial recreation and ath-
letic facilities including but not limited to health spas,
gyms, tennis, handball, racquetball, miniature golf, batting
range, skateboard park, water slide;
P. Mortuary;
Q. Motels and hotels;
R. Nursery or garden center;
S. Outdoor business activities as defined in Section
21.02.115 including but not limited to drive-up windows at
restaurants, banks and similar establishments; car wash;
drive-in restaurants; outdoor eating areas in conjunction
with a restaurant. The use must be adjacent to a public
street that has not less than four moving traffic lanes or
in a shopping center having a minimum area of not less than
five acres;
T. Pawnshop;
U. Radio stations;
V. Record store;
W. Rug and upholstery cleaners;
X. Secondhand or thrift store;
Y. Sign painting shop;
Z. Theatre;
AA. Tire shop;
BB. Other uses similar to the above pursuant to Section
21.59.070. (Ord. 1617 S1(part), 1986).
21.24.040 Uses prohibited. The following uses are
prohibited in the C2 district: .
367 (Campbell 9/88)
RESOLUTION N0.3319
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL MAKING THE
DETERMINATION THAT BUSINESSES OFFERING
TATTOOBODY PIERCING AND/OR SMOKING
ACCESSORIES BE A PERMITTED USE WITHIN THE C-1-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT
SUBJECT TO ISSUANCE OF A CONDITIONAL USE PERMIT.
After due consideration of all evidence presented, the Planning Commission did find as follows
with regard to the C-1-S (Neighborhood Commercial) Zoning District:
1. A tattoo and/or body piercing establishment is similar to other uses permitted in the C-1-S
(Neighborhood Commercial) Zoning District, such as tanning salons and massage
establishments, subject to the approval of a Conditional Use Permit.
2. A smoking accessory establishment is similar to other uses permitted in the C-1-S
(Neighborhood Commercial) Zoning District, such as liquor stores, subject to the approval of
a Conditional Use Permit.
3. A tattoo, body piercing, and/or smoking accessory establishment is similar in intensity to
other uses permitted with a Conditional Use Permit in the C-1-S (Neighborhood
Commercial) Zoning District.
4. Permitting a tattoo, body piercing, and/or smoking accessory establishment in a C-1-S
(Neighborhood Commercial) Zoning District with the approval of a Conditional Use Permit
is in keeping with the intent and purpose of the zoning district.
5. The requirement for approval of a Conditional Use Permit will provide the opportunity for
public review and comment and the imposition of conditions to ensure the compatibility of
such proposed uses with the surrounding community.
5. In addition to the approval of a Conditional Use Permit from the City of Campbell to allow a
tattoo, body piercing, and/or smoking accessory establishment, there are various other
regulations with which these uses would have to comply, including but not limited to:
A. Campbell Municipal Code Section 8.24: Strictly regulates the manner of operation for
establishments selling or displaying smoking accessories/drug paraphernalia.
B. State of California Health and Safety Code: Regulates tattoo and body piercing
establishments
C. State of California Penal Code: Strictly regulates the manner of operation for
establishments selling or displaying smoking accessories/drug paraphernalia.
D. State of California Business and Professions Code: Regulates the sales and marketing of
tobacco and smoking accessories to minors.
7. The Conditional Use Permit procedure will allow the Planning Commission an opportunity to
review the compatibility of a certain use at a specific location and to ensure that anover-
concentration of such uses does not result.
Planning Commission Resolution No. 3119
Determination: Tattoo/Body Piercing and/or Smoking Accessory Uses in C-1-S
Page 2
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 tattoo, body piercing,
and/or smoking accessory retail use in a C-1-S (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.
Z• A tattoo, body piercing, and/or smoking accessory establishment is similar to other uses
allowed in the C-1-S (Neighborhood Commercial) Zoning District, subject to the approval of
a Conditional Use Permit.
3• A tattoo, body piercing, and/or smoking accessory establishment, subject to the approval of a
Conditional Use Permit, would be compatible with the General Plan of the City and will aid
in the harmonious development of the City in providing a variety of retail services in the
community.
PASSED AND ADOPTED this 28`~ day of November, 2000, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom,
NOES: Commissioners: None
ABSENT: Commissioners: Lowe
ABSTAIN: Commissioners: None /
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APPROVED: "`'55~~" `'
Elizabeth Gibbons, Chair
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ATTEST:
Sharon Fierro, Secretary