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.
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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.
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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.
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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
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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