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