PC Res 2816RESOLUTION NO. 2816
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A CONDITIONAL USE PERMIT TO ALLOW LIVE-
ENTERTAINMENT AT 499 EAST HAMILTON AVENUE
IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT; APPLICATION OF MR. MAHYAR IRANI, FILE
NO. UP 92-04.
After notification and Public Hearing as specified by law on the application of
Mr. Mahyan Irani allowing live-entertainment in a C-2-S (General
Commercial) Zoning District, as per the application filed in the Planning
Department on June 16, 1992~ and, after presentation by the Planning Director,
proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
finds as follows with regard to Planning Application No. UP 92-04:
Limiting the hours for the live-entertainment operation would tend to
reduce disruption to the surrounding neighborhoods.
2. The site has ample parking for the allowed number of patrons.
3. The site is served by a major arterial street.
The live-entertainment aspect would be a secondary use to the existing
full-service restaurant.
o
Eliminating drink specials and drink promotions would tend to reduce
the number of police service calls.
°
The restrictions contained in the Conditions of Approval will reduce
potential disturbances associated with live entertainment.
o
The Use Permit is not transferable to another owner or operator and will
conform to the operational format provided by the applicant which
limits the live entertainment as a secondary use of the property.
Resolution No. 2816, approving UP 92-04, adopted by the Planning Commission
on October 13, 1992 - page 2
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The establishment, maintenance, or operation of the use applied for will
not be detrimental to the 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.
o
The proposed site is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping and other
development features required in order to integrate said use with uses in
the surrounding area.
ge
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate;
4. The proposed use is compatible with the uses in the area.
Approval is effective ten days after decision of approval by the Planning
Commission, unless an appeal is filed, subject to the following Conditions of
Approval:
USE PERMIT APPROVAL
1. Permitted Use: The Use Permit approval is granted to operate live
entertainment on the property located at 499 East Hamilton Avenue APN
279-30-44. (Planning)
2. Days and Hours of Live Entertainment will be as follows:
Tuesday & Wednesday
Thursday
Friday
Saturday
Jazz, Country, Comedy
Jazz, Country
Jazz, Country, Dancing
Jazz, Country, Dancing
8:00 p.m. to 11:00 p.m.
8:00 p.m. to 11:00 p.m.
8:00 p.m. to 12 midnight
8:00 p.m. to 12 midnight
o
Entertainment Area: Entertainment areas shall be restricted to a 280 square
foot dance floor area and a 160 square foot stage area located in the bar portion
of the restaurant as indicated on the floor plan dated June 2, 1992.
o
Revised Floor Plan: Applicant to submit a revised floor plan showing the
elimination of seating on the dance floor and revised seating arrangement.
(Police)
Resolution No. 2816, approving UP 92-04, adopted by the Planning Commission
on October 13, 1992 - page 3
5. Size of Dance Floor: The dance area shall not exceed the 280 square foot area
indicated as the dance floor on the floor plan, submitted on June 2, 1992.
Dancing: Dancing shall be restricted to Fridays and Saturdays for dining
patrons only and shall remain indoors, and within the 280 square foot dance
floor area designated on the floor plan. (Police)
o
Band Size: Any band or group of entertainers shall not exceed the 160 square
foot area, indicated as the stage as demonstrated on the floor plan, dated June
2, 1992. (Police)
o
Live-Entertainment Permit: The applicant shall obtain a live-entertainment
permit from the City Council prior to commencement of the live
entertainment operation.
9. Food Service: Full food service shall be available at any time the
entertainment is in progress.
10. Occupancy: The occupancy and seating arrangement shall not exceed the
amount and arrangement established by the Fire Department. (Fire)
11. Seating: At not time will "Festival Seating" be allowed on the premises.
(Police)
12. Volume of Live-entertainment: The volume of music or other live-
entertainment shall be nor more than ambient traffic levels at the property
line. In no event shall the volume of noise levels disturb adjacent residents.
Music shall allow conversation during dining. In no case shall the music be
unreasonably audible to the surrounding residential dwellings. (Police)
13. Noise: All doors, except the doors leading to the southside of the patio area
shall remain closed during entertainment hours. If noise complaints are
received from neighbors, then all doors shall remain closed. (Police)
14. Operational Format: The operational format shall conform in all respects to
the operational statement provided by the applicant. (Planning)
15. Drink Promotions: There shall be no alcoholic drink promotions offered for
less than $1.50. (Planning)
Resolution No. 2816, approving UP 92-04, adopted by the Planning Commission
on October 13, 1992 - ?a~,e~l
16. Transferability of Permit: The Use Permit for live-entertainment shall not be
transferable to any subsequent business owner(s) or operator(s). The Use
Permit for live-entertainment, as stated above, is granted to the applicant,
Mahyar Irani. (Planning)
17. Six-month Review: The Planning Commission shall conduct a review of the
use six months after commencement of the operation. (Planning)
18. Lease Agreement: The conditions of this Use Permit shall be set forth in the
lease agreement applicable to the subject property and shall be reviewed and
approved by the City Attorney, prior to commencement of the live
entertainment.
19. Termination of the Use: Use Permit (UP 92-04) allowing live entertainment
shall terminate with the expiration of the current lease held by the applicant.
(Planning)
20. Revocation of Permit: The Live-Entertainment Permit shall be subject to
suspension or revocation by the City Council after a Public Hearing for which
notice has been given to the permittee and property owner. At the public
hearing, the City Council shall consider the report of the Chief of Police and
other such information as may be presented.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinance of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 13th day of October 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
ATTES~~ '
v Stei, e Piasecki, Secretary
Meyer-Kennedy, Higgins, Perrine,
Dougherty, Wilkinson, Alne, Fox,
None
~F~x, Chairl~rson