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PC Res 3605 RESOLUTION NO. 3605 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-03) TO ALLOW LIVE ENTERTAINMENT AND LATE NIGHT OPERATIONAL HOURS IN CONJUNCTION WITH AN EXISTING RESTAURANT AND PUB (THE KING'S HEAD) ON PROPERTY OWNED BY MR. JACK JAIR LOCATED AT 201 ORCHARD CITY DRIVE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. GEORGE SHADER, ON BEHALF OF KING'S HEAD RESTAURANT AND PUB. FILE NO. PLN2004-03. 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 PLN2004-03. 1. The proposed operational hours and live entertainment within an existing restaurant/pub are consistent with the Central Commercial General Plan land use designation and the C-3-S (Central Business District) Zoning District with approval of a Conditional Use Permit. 2. The proposed operational hours and live entertainment within the restaurant are consistent with the guidelines of the Downtown Development Plan in that it supports an entertainment use in the downtown that complements other retail activities in the downtown. 3. The proposed project, as conditioned, is compatible with the surrounding commercial and residential uses within the neighborhood. 4. The hours of operation for the live entertainment are limited as follows: Live entertainment Hours of Operation: Monday - Wednesday Thursday -Saturday Sunday 9:00 pm. to 1 :00 am. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor seating area 9:00 a.m. to 5:00 p.m. (Sundays Only) 5. Entertainment shall be limited to the following: Live bands: Celtic Bands, Classic Rock Bands and Country Show/Skits: Medieval, Comedy, Murder Mystery, Karaoke 6. The proposed use will not increase parking demand greater than the current restaurant/pub use. Planning Commission Resolution No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 2 7. The surrounding uses consist of retail and retail service uses to the north, west and office/restaurant uses to the south across Orchard City Drive and offices and restaurant uses to the east. The proposed live entertainment, subject to the conditions of approval, is compatible with the surrounding development and uses. 8. The conditions of approval should sufficiently mitigate loitering and vandalism problems that have been experienced with this operation in the past and should provide adequate security for such events. 9. The Police Department has no objections to the proposed project, as conditioned. 10. The Redevelopment Agency has no objections to the proposed project, as conditioned. 11. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that, subject to the Conditions of Approval, the proposed project is consistent with the General Plan and Zoning Ordinance. 1. 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. 2. The proposed use is compatible with the uses in the area. 3. The subject site is adequate in size and shape to accommodate the building areas and waiting areas required in order to integrate said use with uses in the surrounding area. 4. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. 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. 6. 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 (PLN2004-03) to allow the live entertainment and late night operational hours in conjunction with an existing restaurant (The King's Head) on property owned by Mr. Jack Jair Planning Commission Resolution No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 3 located at 201 Orchard City Drive in the C-3-S (Central Business District) Zoning District, subject to the following conditions: 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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-03) to allow live entertainment in conjunction with an existing restaurant/pub at 201 Orchard City Drive. The project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein. a. Project plans prepared by Richard Fish, ALA Architect and received by the Planning Division on March 3, 2003, including a site plan and floor plans. b. Project description, prepared by the applicant as indicated below. Occupancy and seating layout shall be consistent with project plans describe above. Types of entertainment shall be restricted to the following: Musical Acts including the following: Celtic Bands, Classic Rock Bands and Country Bands Show/Skits: Medieval, Comedy, Murder Mystery, Karaoke 2. Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and conditions of approval satisfied. Failure to establish such use within one year from the date of final approval or to satisfy the Conditions of Approval will result in the Conditional Use Permit being void. 3. Revocation of PermitlReview: 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 of the Conditional Use Permit by the Planning Commission. Planning Commission Resolution No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 4 Upon receipt of verified complaints the Community Development Director and/or the Chief of Police may impose additional conditions or modify conditions immediately to protect the public welfare until the Planning Commission public hearing can be held. The Planning Commission may review the Conditional Use Permit based upon a verified complaint filed with the Community Development Director. 4. Noise: 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 uses from restaurant and live entertainment shall not be audible to a person of normal hearing capacity from any residential property or adjacent uses. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises associated with the live entertainment, may immediately modify the hours of operation and/or prohibit the live entertainment, subject to the project being brought back to the Planning Commission for review. 5. Hours of Operation: The original overall operational hours granted with the 1997 Use Permit shall be expanded to allow operation until 1 a.m. on Mondays, Tuesdays and Wednesdays. The Live Entertainment Hours of Operation shall be: Monday - Wednesday Thursday-Smurday Sunday 9:00 pm. to 1 :00 a.m. 9:00 p.m. to 1 :30 a.m. 7:00 p.m. to 10:00 p.m. Outdoor patio area 9:00 a.m. to 5 p.m. Sundays Only 6. Smoking Area: The applicant shall establish a defined smoking area in a portion of the patio area west of the restaurant. The smoking area keep in a clean and sanitary condition. 7. Liquor License: The applicant shall restrict the sale and consumption of alcohol beverages to the interior of the building and the designated patio area. The applicant shall maintain a Type 47, Alcohol Beverage Control liquor license. 8. Food Preparation: To comply with the provisos of the Type 47 Alcoholic Beverage Control (ABC) Liquor License, the applicant shall maintain a bona fide restaurant with regular posted food service hours, consistent with terms of the license. 9. Oueuing: Outdoor queuing to enter the restaurant shall be limited to ten persons. The restaurant management shall minimize event queuing by providing adequate ticketing personnel and earlier opening times if events warrant such actions. Planning Commission Resolution No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 5 10. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property and on public property within 50 feet of the subject property. 11. Signing and Advertising: All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 c.M.C. Posting of flyers and posters on public property is prohibited. The business owner shall be considered responsible for these po stings, if they occur, and shall cause their immediate removal. Failure to comply may result in Revocation of the Conditional Use Permit. 12. Property Maintenance: The exterior of the area around the building, including the parking area and the sidewalk, shall be cleaned nightly to remove debris litter and graffiti. This shall be completed during the approved business hours. 13. Six-Month and One Year Planning Commission Review of Use Permit (PLN2004-03): This Use Permit (PLN2004-03) shall be reviewed by the Planning Commission upon completion of the first six months' operation and thereafter the first year's operation under its provision to ensure compliance with the imposed Conditions of Approval and to determine that there are no adverse impacts resulting from the Live Entertainment and Late Night Operations on the surrounding area. Police Department 14. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to the establishment of live entertainment on site. 15. Securitv and Staffing: The applicant shall provide staffing and security personnel for each event with a minimum of one security personnel and additional personnel at a rate of one security person for each fifty patrons. Security personnel shall be approved by the Police Department and shall be bonded with a one million dollar insurance policy. Security personnel shall be uniformed and trained and licensed consistent with the California Department of Consumers Affairs Standards. 16. Re-entry: Business management shall establish and maintain a policy and system to restrict re-entry of patrons once events have begun. The policy and system shall be approved by the Police Department in conjunction with the Live Entertainment Permit. 17. Oueuing: Queued customers shall not exceed ten persons. Management shall provide ticketing procedures to minimize customers from waiting for a performance in front of the restaurant. Planning Commission Resolution No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 6 Dundine Division 18. Permits Required: A building permit application shall be required for any proposed modifications to the (e) commercial structure associated with the current application. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Construction Plan: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 21. Plan Preparation: This proj ect 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. 22. 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 of travel to public sidewalks shall be detailed. 23. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for any changes to the conditioning of the building envelope and/or lighting of the building. 24. Non Points Source: 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. 25. TITLE 24 Accessibilitv - 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. 26. 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. 27. Approval Required: The project requires the following agency approval prior to issuance of the building permit: a. b. Santa Clara County Fire Department Santa Clara County Department of Environmental Health Planning Commission Resolution No. 3605 PLN2004-03 - 201 Orchard City Drive - Conditional Use Permit - King's Head Restaurant Page 7 PASSED AND ADOPTED this 9th day of November, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons and Roseberry Hernandez and Rocha None Alderete APPROVED. ~ ~ Geo ATTEST: d/w-n . ( / aron Fierro, Secretary