CC Resolution 12492n
RESOLUTION NO. 12492.1.
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAINMENT PERMIT TO FREMONT
HOTEL OPERATING COMPANY LLC DBA DOUBLETREE BY HILTON CAMPBELL —
PRUNEYARD ON PROPERTY LOCATED AT 1995 SOUTH BASCOM AVENUE.
j WHEREAS, after due consideration of all -the evidence presented, the City Council does find as
follows:
1. The proposed Live Entertainment Permit would allow ancillary live entertainment in
association with an existing hotel and restaurant;
!i 2. The existing hotel'and restaurant, Doubletree by Hilton Campbell — Pruneyard, is located
at.1995 South Bascom Avenue;
3. The subject property is located within the C-2-0 (General- Commercial / Overlay)
Combining Zoning District. ,Consistent with the zoning district designation, the City
Council granted a Master Use Permit establishing a tailored land use program for The
Pruneyard, as approved by City Council Resolution No. 12068. The Master Use Permit
provides land use approval for live entertainment in association with the subject hotel
and restaurant;
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4. As required by the Conditional Use Permit, the live entertainment shall be limited to live
bands and an occasional D.J. playing amplified music in the hotels banquet facilities, on
the uncovered patio and the Garden Terrace when used as an event space; "
5. The applicant is over eighteen years of age;
6. The required application fee has been paid;
7. As of the present date, there is no substantial evidence that the applicant, his. or her
employee, agent, partner, director, officer, shareholder or manager has knowingly made
any false, misleading or fraudulent statement of material fact in the application;
8. As of the present date, there is no substantial evidence that the proposed use as
conditioned would constitute a violation of the .provision of the Municipal" Code, or other
applicable law;
9. As of the present' date; there is no substantial evidence that the applicant has been
convicted of a felony or crime of moral turpitude; .
10. As of the present date, there is no substantial evidence that the proposed operation as
conditioned would result in a public nuisance as defined in the Municipal Code, or
Section 370 of the California Penal Code- and
WHEREAS, based on the foregoing findings, the City Council further finds and concludes that,
subject to the Conditions of Approval, there is -"no evidence that the activity applied for or the
li ocation thereof will create a public nuisance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby approve a Live Entertainment Permit to Jerry Soles of- Fremont Hotel Operating
Company LLC dba Doubletree. by Hilton Campbell — Pruneyard, subject to the following
conditions:
1. Live entertainment shall be limited to Sunday through Saturday beginning no earlier than
11:00 a.m. and ending no later than 9:00 p.m. Entertainment would be for special events
and not every week or every day requested.
2. All Bartenders, door and security staff obtain ABC LEADS training with -in 30 days of
hire.
3. At no time shall the restaurant outdoor patio or Garden Terrace allow any form of
dancing, and no tables and/or chairs shall be moved to create an open space which
could be used as a dance floor. Dancing is allowed in the hotel banquet facilities.
4. At no time shall a cover charge be received or a donation necessary in order to
patronize the establishment. L
5. Noise levels shall not be audible more than 50 feet from the business' tenant space. In
no case may, noise from the live entertainment disrupt neighboring residences or
businesses. N.
6. The Police Chief may require on -site security to be provided at a later date if calls for
service become excessive compared to like businesses.
7. The applicant is aware that if the live entertainment creates a continued public nuisance
or there are significant calls for service, the Police Department would have the authority
to prohibit live entertainment from continuing and suspend this permit, pending a
modification/revocation hearing before the City Council.
PASSED AND ADOPTED this 20th day of August 2019 by the following roll call vote:
AYES: • COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Richard M. Waterman, Mayor
ATTEST: -
Wendy d, City Clerk