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PC Res 4518RESOLUTION NO. 4518 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2019-105) TO ALLOW ESTABLISHMENT OF A TECHNOLOGY AND GAME CENTER INCORPORATING ARCADE, INSTRUCTION, RETAIL, AND LATE -NIGHT ACTIVITIES (12:00 AM CLOSING) AND AN ASSOCIATED MODIFICATION (PLN2019-118) TO AN EXISTING CONDITIONAL USE PERMIT (PLN2018-166) TO REMOVE A CONDITION OF APPROVAL RESTRICTING THE USE OF THE BUILDING'S SECOND -STORY ON PROPERTY LOCATED AT 400 E. CAMPBELL AVENUE. FILE NO.: PLN2019-105 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2019-105: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Element. 2. The project site is located along East Campbell Avenue between North Central Avenue and the railroad tracks. 3. The project site consists of a 3,965 square -foot parcel, developed with the Grower's National Bank Building. 4. The project site is currently entitled with a Conditional Use Permit (PLN2018-166) to allow a restaurant and arcade with general alcohol sales, late -night operational hours, and live entertainment, on the ground floor of the subject building. 5. The proposed project is an application for a Conditional Use Permit to allow establishment of a "technology and game center" incorporating arcade, instruction, retail, and late -night activities (12:00 AM closing) on the second -floor of the subject building. 6. The proposed project does not include the sale, service, or consumption of alcoholic beverages within the establishment. 7. Had the proposed project included a request for the sale, service, or consumption of alcoholic beverages within the establishment, it would have been found inconsistent with the Downtown Alcoholic Beverage Policy. 8. The proposed project also includes an associated Modification (PLN2019-188) to a previously approved Conditional Use Permit (PLN2018-166) that would remove a condition of approval limiting the use of the second -story to professional office use. 9. The proposed use of desktop computer and console video games constitutes an arcade pursuant to Campbell Municipal Code (CMC) Section 5.30.010. Planning Commission Resolution No. 4518 Page 2 of 3 400 E. Campbell Avenue — Conditional Use Permit (PLN2019-105) 10. The proposed arcade would be the second authorized arcade within the City, consistent with CIVIC Section 5.30.110. 11. The proposed project would be consistent with the C-3 Zoning District parking requirements in that the parking demand of the proposed uses would be less than the allotment provided by the original 2013 Conditional Use Permit for a 239-seat restaurant (1 stall per 4 seats), consistent with the approved occupancy of the former Gaslighter Theater. 12. The proposed project would be consistent with the following General Plan policies: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. Strategy LUT-8.1c: Adaptive Re -Use: Encourage adaptive reuse of and incorporation of the city's historic buildings and structures for new development projects, when feasible. 13. In review of the proposed project, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 14. The Planning Commission's review of the proposed project further encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance, odors, security and enforcement, and neighborhood impacts. 15. The Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 16. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable Zoning District with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The proposed use will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. Planning Commission Resolution No. 4518 Page 3 of 3 400 E. Campbell Avenue — Conditional Use Permit (PLN2019-105) 5. The proposed use will not significantly increase the demand on City services. 6. The site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 7. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The project Categorically Exempt under Section 15303, Class 3(c) of the California Environmental Quality Act (CEQA), which exempts a change of use in a building of less than 10,000 square feet where only minor changes to the building are proposed. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2019-105) to allow establishment of a technology and game center incorporating arcade, instruction, retail, and late -night activities (12:00 AM closing), subject to the attached Conditions of Approval (attached Exhibit "A"), and an associated Modification (PLN2019-118) to an existing Conditional Use Permit (PLN2018-166) to remove a condition of approval restricting the use of the building's second -story, subject to the attached Modified Conditions of Approval (attached Exhibit "B"),on property located at 400 E. Campbell Avenue, PASSED AND ADOPTED this 23rd day of July, 2019, by the following roll call vote: AYES: Commissioners: Krey, Buchbinder, Hines, Ostrowski, Rich, and Rivlin NOES: Commissioners: ABSENT: Commissioners: Ching ABSTAIN: Commissioners: APPROVED: ATTEST: EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2019-105) 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 Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2019-105) to allow establishment of a technology and game center incorporating arcade, instruction, retail, and late -night activities (12:00 AM closing) on property located at 400 E. Campbell Avenue. The project shall substantially conform to the Project Plans and Project Description stamped as received by the Community Development Department on May 28, 2019, and July 1, 2019, respectively, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Conditional Use Permit (PLN2019-105) approval shall be valid for one (1) year from the date of final approval. Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property subject to continued operation of the use in compliance with these Conditions of Approval, except upon revocation pursuant to Condition of Approval No. 6 (Revocation of Permit). 3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Preservation of Barreled Ceiling: The barreled ceiling shall be maintained and protected indefinitely. No modifications to the ceiling shall be made without express approval of the Community Development Director and/or Historic Preservation Board. 5. Operational Standards: Consistent with the submitted Project Description, the approved uses shall conform to the following operational parameters. Significant deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit approved herein. a. Approved Use: The approved 'technology and game center' consists of a "retail store, general merchandise," "tutoring center," "studio", and "arcade" with "late - night activities", as defined by the Campbell Municipal Code. Activity inconsistent with these land use definitions is prohibited. Exhibit A - Conditions of Approval - 400 E. Campbell Avenue PLN2019-105 - Conditional Use Permit Page 2 b. Customer Occupancy: Customer capacity shall be limited as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that customer occupancy is not exceeded. C. Age Restriction: Consistent with Campbell Municipal Code Chapter 5.30, minors (under 18) shall not be allowed to enter or remain in the establishment without a parent or guardian after 10.-00 PM nor play video games after 10:00 PM. d. Permit Required: Prior to commencing operation of the arcade, the business operator shall secure an Arcade Permit from the City Council. e. Alcohol: The sale, service, and consumption of alcoholic beverages within the establishment is prohibited. f. Noise: Unreasonable levels of noise, sounds and/or voices generated by the establishment shall not audible to a person of normal hearing capacity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation, pursuant to Condition of Approval No. 6 (Revocation of Permit). g. Types of Arcade Machines: All arcade machines shall personal computers or game consoles (e.g., Xbox, PlayStation, Wii, etc.). Cabinet (upright) arcade games are prohibited. h. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Business Hours' all patrons shall have exited the establishment. By the end of the 'Operational Hours' all employees shall be off the premises. • Business Hours • Operational Hours &00 AM to 12.00 AM, daily 7.00 AM to 1.00 AM, daily Noise: Unreasonable levels of noise, sounds and/or voices generated by the establishment shall not audible to a person of normal hearing capacity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation, pursuant to Condition of Approval No. 6 (Revocation of Permit). Property Maintenance: The establishment shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. k. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. Exhibit A - Conditions of Approval - 400 E. Campbell Avenue Page 3 PLN2019-105 - Conditional Use Permit Trash & Clean Up: Placing of refuse and recyclable materials within the outdoor receptacles shall not occur after 10:00 PM. Refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 6. Revocation of Permit: Operation of the 'technology and game center' pursuant to the Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the approved land uses has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval within a twelve (12) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time immediately restrict the establishment's Hours of Operation to address noise complaint in a timely manner. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions, b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. Violation of conditions of approval. EXHIBIT B MODIFIED CONDITIONS OF APPROVAL Modified Conditional Use Permit (PLN2019-118) All conditions of approval for Conditional Use Permit PLN2018-166, included in Planning Commission Resolution No. 4466, shall remain in full force and effect, except as modified herein. Removed text is shown in stFikeoou and new text underlined. Lrm.. �. - •- -