PC Res 3492RESOLUTION NO. 3492
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2002-142) TO ALLOW LATE NIGHT HOURS AND USES (LIVE
CONCERTS, DINNER THEATRE, SPECIAL EVENTS) TO THE
EXISTING VAUDEVILLE THEATRE USE OF PROPERTY OWNED
BY MARK AND RICHARD GAETANO LOCATED AT 400 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT)
ZONING DISTRICT. APPLICATION OF MR. MARK GAETANO. FILE
NO. PLN2002-142.
After notification and public heating, 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 PLN2002-142:
The proposed operational hours and live entertainment within an existing theatre is 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.
The proposed operational hours and live entertainment within the Gaslighter Theatre is
consistent with the guidelines of the Downtown Development Plan in that it supports a
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 uses
within the neighborhood.
The hours of operation for the live entertainment are limited between 8:00 a.m. and 1:30 a.m.
daily.
5. 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
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
Planning Commission Resolution No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 2
6. Entertainment shall be limited to the following:
o
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville
Film Previews
The proposed use will not
conforming theatre.
Choirs
Magicians/Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Weddings
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Non-Profit Mtgs/Events
increase parking demand greater than the current legal non-
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. The proposed live entertainment, subject to the
conditions of approval, is compatible with the surrounding development and uses.
o
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.
10. The Police Department has no objections to the proposed project, as conditioned.
11. The Redevelopment Agency has no objections to the proposed project, as conditioned.
12. 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.
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.
Planning Commission Resolution No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 3
o
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 (PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special
events) to the existing vaudeville theatre use of property owned by Mark and Richard Gaetano located at
400 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-142) to allow
live entertainment within an existing theatre at 400 E. Campbell Avenue. 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 Clyde Beck, Architect and received by the Planning Division
on March 3, 2003, including a site plan and floor plans.
bo
Project description dated April 18, 2003, prepared by Mark Gaetano as amended below.
Occupancy and seating layout shall be consistent with this operational description and
limited to 211 patrons, 15 staff, and 30 performers (total 256 persons). Types of
entertainment shall be restricted to the following:
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville
Film Previews
Choirs
Magicians/Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Weddings
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Non-Profit Mtgs/Events
Planning Commission Resolution No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 4
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 Permit/Review: 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.
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.
o
o
The Planning Commission shall conduct a review of the Conditional Use Permit upon the
completion of three months of operation and again after six months from the date of the City
Council's approval of the Live Entertainment Permit. Additionally, the Planning Commission
may review the Conditional Use Permit based upon a verified complaint filed with the
Community Development Director. Another comprehensive review of the Use Permit by the
Planning Commission will occur after five years. The Use Permit will outright expire 10
years from the date that the City Council approves the corresponding Live Entertainment
Permit and the theatre will be required to reapply for a new Use Permit at that time.
Noise:
ao
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 theatre and live entertainment shall not be audible to a
person of normal hearing capacity from any residential property.
bo
Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
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.
Hours of Operation: Operational hours are limited from 8:00 a.m. to 1:30 a.m. daily with the
typical operational hours being more restrictive of 12:00 p.m. to 12:00 a.m. daily. All
activity must cease at the end of the operational hours, including building cleaning and
maintenance. The building shall not be occupied except during approved operational hours.
Smoking Area: The applicant shall establish a defined smoking area at the rear of the theatre
of approximately 500 square feet. Appropriate signing and security staff shall be provided
for this area and its use shall be restricted to no more than 40 people. No drinks shall be
permitted outside the building.
Planning Commission Resolution No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 5
Liquor License: The applicant shall restrict the sale and consumption of beer and wine to the
interior of the building. Bar services shall be only available to theatre patrons. The applicant
shall maintain a Type 41, Alcohol Beverage Control liquor license. The bar is to be
maintained as supplemental to the use of the building as a theatre. Only ticketed customers
may utilize the bar area.
Food Preparation: To comply with the provisos of the Type 41 Alcoholic Beverage Control
(ABC) Liquor License, the applicant shall establish a bona fide restaurant with regular posted
food service hours, consistent with terms of the license. The applicant shall provide Building
Construction Plans, if required by ABC, for a kitchen that meets the requirements of the
ABC and the Santa Clara County Health Department within 30 days of approval of the
permit and all improvements must be completed within 90 of approval of this Use Permit.
Queuing: Outdoor queuing to enter the theatre shall be limited to ten persons. Theatre
management shall minimize event queuing by providing adequate ticketing personnel and
earlier opening times if events warrant such actions.
No loitering is permitted and the business owner shall be responsible to prevent loitering by
business patrons within 150 feet of the theatre.
The management shall implement an adopted 'in and out' privilege policy restricting the
entrance and exits of patrons for underage patrons.
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 21.53 C.M.C. Posting of flyers
and posters on public property is prohibited. The business owner shall be considered
responsible for these postings, if they occur, and shall cause their immediate removal. Failure
to comply may result in Revocation of the Conditional Use Permit.
12. Parking: No vehicle parking other than equipment loading and unloading shall be allowed in
the alley at the rear of the building.
13. Live Music Concerts: No live music concerts, where more than 100 patrons are expected,
shall commence before 6:00 p.m.
14. Property Maintenance: The exterior of the area around the building, including the alley and
the sidewalk, shall be cleaned every night to remove debris litter and graffiti. This shall be
completed during the approved business hours.
Planning Commission Resolution No. 3492
PLN2002-142 -- 400 E. Campbell Avenue- Conditional Use Permit - Gaslighter Theatre
Page 6
POLICE DEPARTMENT
15. 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.
16. Security and Staffing: The Gaslighter Theatre shall provide security and staffing consistent
with their Live Entertainment Permit processed by the Police Department and approved by
City Council.
17. 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.
FIRE DEPARTMENT
18. Queuing/Exiting: Reference to allowed queued customers into the lobby prior to a
performance shall be modified to note that no such occupancy of the lobby is to occur while
the theatre is already in use by an ongoing presentation, i.e.: customers waiting for a later
performance shall not be permitted inside the lobby while the earlier performance is in
process.
19. Occupancy: The establishment of an occupant load is the function of the City Building
Official. Occupant load figures as presented by the applicant shall not be considered valid,
unless established by the City of Campbell Building Official and acknowledged by the Fire
Department.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES: Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
ATTEST: /S~ ~ 'erro, Secretary