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PC Res 3569 RESOLUTION NO. 3569 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004- 37) TO ALLOW AN INTERNET CAFÉ IN AN EXISTING TENANT SPACE WITH LATE NIGHT OPERATIONS ON PROPERTY OWNED BY MR. MICHAEL RUGANI LOCATED AT 68 E. CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. GAVIN MORTER, ON BEHALF OF NET ASYLUM. FILE NO.: PLN2004-37. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-37: 1. The General Plan land use designation for the project site is Central Commercial. The use of the subject property as an Internet cafe with late night operations is consistent with this General Plan designation. 2. The zoning designation for the project site is P-D (Planned Development). The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. 3. The project site is located on the southwest comer of East Campbell Avenue and South Fourth Street. The property is surrounded by offices to the north, office and warehouse to the south, a flower shop to the east and a dance studio to the west. 4. The subject property was developed in approximately 1949 before the City was established, therefore, the City retains no site approval for the property. There is currently an un-striped, shared parking area behind the building adjacent to the alley and on-street parking is available on South Fourth Street. 5. No exterior modifications to the building are proposed as part of the application. 6. The Internet café would offer the use of computers for recreational computer activities (such as multi-player on-line computer games), Internet access and general computer related office services (such as scanning and word processing documents). 7. The Campbell Police Department has reviewed the application and is supportive of the proposed use at this location but is not supportive of the applicants proposed hours of operation. The Police Department is recommending that the business operate from 9:00 a.m. to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday. 8. The Redevelopment Agency has reviewed the application and is supportive of the proposed use at this location but is not supportive of the applicants proposed hours of operation. The Redevelopment Agency is recommending that the business operate from 9:00 a.m. to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday and that Planning Commission Resolution No. 3569 PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum Page 2 minors under the age of 18 years shall not be allowed to remain in or gain entry to an arcade after 10:00 p.m. unless accompanied by a parent or guardian. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). 10. The applicant has stipulated a condition for the prohibition of viewing adult content on the premises. Adult content emphasizes human genitals or pubic region; buttocks; and female breast below a point immediately above the top of the areola. Specific sexual activities shall mean and include any ofthe following, the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; and excretory functions as part of or in connection with any of the other activities. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. 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. 3. The proposed use is compatible with the uses in the area. 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2004-37) to allow an Internet café in an existing tenant space with late night operations on property owned by Mr. Michael Rugani located at 68 E. Campbell Avenue, in a P-D (planned Development) Zoning District, subject to the following conditions: Planning Commission Resolution No. 3569 PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum Page 3 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Plannine Division 1. Project Approval: Approval is granted for a Conditional Use Permit (PLN2004-37) to allow an Internet café in an existing tenant space with late night operations at 68 E. Campbell Avenue. The project shall substantially comply with project plans and description stamped as received by the Planning Division on March 25, 2004 and May 4, 2004, except as may be modified by the conditions of approval herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval with the requirement for a six and 12- month review of this use. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation ofthe Conditional Use Permit by the Planning Commission. 4. Operational Hours: The operational hours shall be limited to 9:00 a.m. to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday. The hours of operation shall be clearly posted at the entrance of the business. 5. Minors: Minors (under the age of 18 years) shall not be allowed to remain in or gain entry to the business after 10:00 p.m. unless accompanied by a parent or guardian. 6. Employees: There shall be a minimum of one employee present at all times for each 10 machines and all employees must be at least 18 years of age. 7. Alcohol: There shall be no sale or consumption of alcohol allowed in conjunction with the Internet café. 8. Loitering: There shall be no loitering allowed outside the business or in the parking area behind the business. 9. Noise: Planning Commission Resolution No. 3569 PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum Page 4 a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system generated by the use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by the business, may immediately modify the hours of operation subject to the project being brought back to the Planning Commission for review. 10. Parking and Driveways: a. The applicant or property owner shall stripe new parking spaces along the entire rear portion of the building in conformance with the size requirements of Chapter 21.28 (parking and Loading) of the Campbell Zoning Code prior to the issuance of a building permit or establishment ofthe business. b. All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (parking and Loading) of the Campbell Municipal Code. 11. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. a. Bicycle racks, accommodating a minimum of 12 bicycles, shall be installed at the rear of the building in a manner that does not interfere with access to and from the driveway. b. Trash removal from this business to the dumpster and/or recycle bins shall be constrained to the hours between 9 a.m. and 5 p.m. 12. Signage: No signage is approved as part of the development application approved herein. No sign shall be installed until a Sign Permit is approved as specified in Chapter 21.30 (Signs) of the Campbell Municipal Code. a. Rules of etiquette shall be clearly posted inside the business, including that no viewing of adult content shall be permitted on the premises. b. The complaint procedures as to how to contact the City regarding violations of this Use Permit or City Ordinances shall be clearly posted on site. 13. Arcade Permit: The applicant shall apply for an Arcade Permit from the Campbell Police Department prior to the establishment of the business. Buildine Division: Planning Commission Resolution No. 3569 PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum Page 5 14. Permits Required: A building permit application shall be required for the proposed new tenant improvement to the (e) commercial structure. The building permit shall include ElectricallPlumbinglMechanical fees when such work is part ofthe permit. 15. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 16. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches 17. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 18. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path oftravel to public sidewalks shall be detailed. 19. Title 24 Energv Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 20. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 21. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 22. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 23. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 24. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: Planning Commission Resolution No. 3569 PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum Page 6 a. Santa Clara County Fire Department 25. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. PASSED AND ADOPTED this 25th day of May, 2004, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None AYES: Commissioners: ~PROVED: ATTEST: ~ -- - -- G Sharon Fierro, Secretary