Loading...
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; 0 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