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PC Res 3618 RESOLUTION NO. 3618 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-63) TO ALLOW LATE NIGHT ACTNITIES AND LIVE ENTERTAINMENT IN AN EXISTING BAR ON PROPERTY OWNED BY MR. ROBERT RAFFANTI LOCATED AT 260 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. SAM RAMIREZ, ON BEHALF OF THE CARDIFF LOUNGE. FILE NO. PLN2004-63. 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 PLN2004-63. 1. The proposed late night activities and live entertainment in conjunction with the existing bar is consistent with the Central Commercial General Plan land use designation. 2. The proposed late night activities, occurring between 11 :00 p.m. and 6:00 a.m., and live entertainment in conjunction with the existing bar will be compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 6,720 square foot lot, developed with 4,619 square feet of building area, zero square feet of landscaping, and 2,101 square feet of paving. 4. The project site is located on the south side of East Campbell Avenue, between South First Street and South Second Street. The property is surrounded by commercial uses on the north, east and west sides, and a parking lot to the south. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities and live entertainment. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 12:00 p.m. to 2:00 a.m. daily and the hours for live entertainment shall be restricted to 9 p.m. to 1 :30 a.m. daily. 9. The types of live entertainment offered at the establishment would consist of live D.J.'s, three piece bands, and karaoke. 10. The project qualifies as a Categorically Exempt project per Section 15301, Class I (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Permit - Late Hours/Live Entertainment Page 2 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 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. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. 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. 8. 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 (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property owned by Mr. Robert Raffanti located at 260 E. Campbell Avenue 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. Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Permit - Late Hours/Live Entertainment Page 3 COMMUNITY DEVELOPMENT DEPARTMENT PlanniDl! Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property located at 260 E. Campbell Avenue. The project shall substantially conform to the plans and project description received by the Planning Division on November 19, 2004, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: a. 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 the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. b. This Conditional Use Permit will be reviewed by the Planning Commission in six months. 3. Revocation of Permit: 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. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Trash and Recycling Enclosure: The applicant/property owner shall submit a building permit for the construction of a new trash and recycling enclosure(s) within three months of the date of Planning Commission approval. The design and location of the enclosure shall be to the satisfaction of the Community Development Director. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 6. Recordation of Covenant: The applicant/property owner shall record a covenant that stipulates that the businesses located in the building located on parcel number 412-06-033 shall have the shared right to use the parking spaces located on the separate properties known as parcel number 412-06-035 and 412-06-081 for the life of the building. This document Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Permit - Late Hours/Live Entertainment Page 4 shall be recorded within three months of the date of Planning Commission approval and proof of the recorded document shall be submitted to the Planning Division. 7. Signing and Advertising: No signage is approved as part of the development application approved herein. All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. The 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 ofthe Conditional Use Permit. 8. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 10. 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 the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Back Door: The back door to the business leading to the rear parking area shall be closed at all times during business hours. d. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean shall be done between 12 p.m. to 6 p.m. daily. 11. Business Operational Hours: The operational hours shall be limited to 12:00 p.m. to 2:00 a.m. seven days a week. The 2 a.m. closing shall mean that the business is closed and shuttered with no activity. Hours of operation will include the conclusion of liquor sales at 1:30 a.m. 12. Live Entertainment Hours: The live entertainment hours shall be limited to 9 p.m. to 1 :30 a.m. seven days a week. 13. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 of the Campbell Municipal Code. Planning Commission Resolution No. 3618 PLN2004-63-260 E. Campbell Avenue-Conditional Use Permit - Late Hours/Live Entertainment Page 5 POLICE DEPARTMENT 14. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the Police Department consistent with Chapter 5.24 of the Campbell Municipal Code prior to the establishment of live entertainment on site. 15. Security and Staffing: The owner/operator of the subject property shall provide one bonded, certified (guard card), uniformed, security guard for every 50 patrons in conjunction with the live entertainment events. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: ¿j¿;l/wn ~ Sharon Fierro, Secretary