PC Res 3667
RESOLUTION NO. 3667
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING A MODIFICATION (PLN2005-53) TO
A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2002-
142) TO ALLOW CHANGES TO THE CONDITIONS OF APPROVAL
RELATING TO OPERATIONAL HOURS AND CONDITIONS FOR A
LIVE ENTERTAINMENT USE WITHIN AN EXISTING THEATRE
LOCATED AT 400 E. CAMPBELL AVENUE IN A C-3-S (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR.
MARK GAETANO, ON BEHALF OF THE GASLIGHTER THEATRE.
FILE NO. PLN2005-53.
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 PLN2005-53:
1. Modification to the operational hours to permit on-site occupancy for the building
owners, staff and maintenance activities is not warranted in that operational hours of
8:00 a.m. to 12:00 a.m. daily is reasonable for a commercial use.
2. The restriction of alcohol sales to ticketed patrons only is appropriate for this
business
3. Limitations regarding queuing are necessary to minimize the impact of loitering
associated with this use.
4. Current sign and advertising restrictions ensure compliance with local sign ordinance
regulations.
5. Limitations of parking for unloading and loading purposes adequately protect the use
of the driveway and alley at the rear of the building.
6. Property maintenance requirements necessary to maintain the property in a clean
and safe condition.
7. Seating Capacity shall be as follows:
211 maximum occupancy (customers/ public)
45 employee occupancy (staff/security/ performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Planning Commission Resolution No. 3667
PLN2005-53 - 400 E. Campbell Ave - Denying Modification to Use Permit - Gaslighter
Page 2
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area
8. Entertainment shall be limited to the following:
Solo Musical Acts Choirs
Live Bands Magicians/ Jugglers
School Functions Children's Theatre
Stand Up Comedians Impersonators
Rehearsals Variety Shows
Vaudeville Shows Travel Theatre Troupes
Film Previews Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Weddings
9. The surrounding uses consist of retail and retail service uses to the north, east and
west and office uses to the south across the alleyway.
10. 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 modification to the Conditions of Approval are not necessary to ensure:
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 subject to the conditions of approval 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies a
Modification (PLN2005-53) to a previously-approved Conditional Use Permit (PLN2002-
142) to allow changes to the conditions of approval relating to operational hours and
conditions for a live entertainment use within an existing theatre located at 400 E.
Campbell Avenue in the C-3-S (Central Business District) Zoning District.
Planning Commission Resolution No. 3667
PLN2005-53 - 400 E. Campbell Aye - Denying Modification to Use Permit - Gaslighter
Page 3
PASSED AND ADOPTED this 9th day of August, 2005, by the following roll call yote:
AYES:
Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and
Roseberry
Doorley
None
APPROVED: A. £~ lit ~
None ~ Gibbons, Chair
ATTEST: ~~ ~
Sharon Fierro, Secretary
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners: