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PC Res 2681RESOLUTION NO. 2681 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING THE ESTABLISHMENT OF A 3900 SQUARE FOOT RESTAURANT/NIGHT CLUB (INCLUDING A TEEN CLUB ON FRIDAY AND SATURDAY EVENINGS) AND AN ON-SALE BEERAND WINE LICENSE ON PROPERTY KNOWN AS 33 SOUTH CENTRAL AVENUE, IN A C-3-S (CENTRAL BUSINESS) ZONING DISTRICT, APPLICATION OF MS. JANINE PHILLIPS, UP 90-08. After notification and public hearing as specified by law on the application of Janine Phillips for a Use Permit and approval of a restaurant/nightclub and teen club and an on-sale beer and wine license on property located at 33 South Central Avenue in a C-3-S (Central Business) Zoning District, as per the application filed in the Planning Department on June 6, 1990; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows: Health/Safety: With implementation and adherence to the Conditions of Approval, 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. Compatibility: 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. Traffic: The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Compatibility: The proposed use is compatible with the uses in the area and with the Zoning District. Se Compatibility: The addition of a non-smoking night club/restaurant is desirable and a well structured teen club in the City of Campbell for the public convenience or welfare, and is in harmony with the various elements or objectives of the City's General Plan. Se Traffic: Traffic exiting the bar at late hours of the evening has a potential to disturb persons in the surrounding neighborhood; Resolution No. 2681 page 2 Large nightclubs with occupancies of over 200 have generated a disproportionate number of police service calls; Alcoholic drink promotions and discount drink specials have shown a tendency to increase disorderly conduct, and otherwise generate a disproportionate number of police service calls; The service of alcoholic beverages tends to result in patrons driving under the influence; 10. Limiting the hours of operation would tend to reduce disruption to the surrounding neighborhoods; 11. Eliminating alcoholic beverage promotions and alcoholic beverage specials would tend to reduce the number of police service calls; 12. Participation in a Designated Driver Program, training employees to identify intoxicated patrons and offering free rides home, would tend to reduce the number of intoxicated drivers originating from this use; 13. Nightclubs tend to generate a disproportionate demand for police services as compared to other commercial uses; 14. The cost of the additional demand on police services could be partially offset by a fee bearing a reasonable relationship to the additional demand likely to be generated by this use over and above the demand experienced for other types of commercial usage; and, 15. The presence of well trained security personnel would tend to diminish the demand on police services. Based on the above findings, the Planning Commission does hereby grant the requested Use Permit, subject to the following conditions: Trash Enclosure Show location for trash enclosure, trash enclosure site to be reviewed and approved by the Fire Department and Public Works Department. Building Code Facility shall comply with the Uniform Building Code, Uniform Fire Code and the California Administrative Code Title 19 and Title 24, having to do with fire and life safety issues such as exiting, stair construction and aisle width, and occupancy load determination. Dumpster Required dumpster shall be properly enclosed. Resolution No. 2681 page 3 e 10. 11. 12. Approved Use Approval is granted to operate a 3900 square foot, 200 seat full service restaurant, night club, teen club and on-sale beer and wine license only. Use Limits The use is limited to: a. Monday and Tuesday - full service restaurant only b. Wednesday and Thursday - full service restaurant, adult nightclub c. Friday and Saturdays - full service restaurant, teen club allowed (no alcoholic beverages) during evening hours d. Sunday - full service restaurant, live entertainment Hours of Operation are as follows: a. Monday and Tuesday - 11:00 a.m., until 10:00 p.m. b. Wednesday through Friday - 11:00 a.m., until 12:30 a.m. c. Saturdays 6:00 p.m., until 12:30 a.m. d. Sundays 6:00 p.m., until 9:00 p.m. Transferability of Permit: Subsequent operators shall agree in writing that they have read and will implement all the Conditions of Approval. Review Period - Six month/12 month Review: The Planning Commission shall conduct an informal review of the performance of the use six months after commencement of operation, and again in twelve months after commencement of operation. Annual reviews of the operation at 2 and 3 years. Occupancy The occupancy shall not exceed 200 persons, inclusive of employees and staff on duty. Live Entertainment: The applicant shall obtain a Live Entertainment Permit prior to commencement of the operation. If the Live Entertainment Permit is not obtained the operation shall function as a full service restaurant and shall not operate past 11:00 p.m. Drink Promotions: No alcoholic drink promotions shall be permitted, including "happy hours," discounted prices, etc. alcoholic drinks/beverages shall be offered of less than a $1.50 each. No Operational Format: The operational format shall conform in all respects to the operational statement issued by Janine Phillips, subject to modification of hours and the inclusion of a full restaurant service designated by the Planning Department. The applicant shall submit a revised operational statement labelled "Operational Outline" for a new nightclub located at 33 South Central." Resolution No. 2681 page 4 13. 14. 15. 16. 17. The applicant shall sponsor or participate in a designated driver program. Said program is anticipated to cost the operator up to $1500 per year. The program shall include free, non-alcoholic drinks to any individual within a party who identifies himself/herself as the "designated driver." Server Intervention Proqram: The applicant shall operate a server intervention program, including the following: a. training employees to identify intoxicated patrons who are not able to drive. b. free rides home in a taxi or van or other personal vehicle who is identified as being unable to drive or who request transportation due to intoxication. Use Permit Review: If significant police problems exist (including but not limited to, assaults, narcotics violations, driving under the influence of alcoholic beverages, or other drugs, etc.) resulting in a "mini-disorderly house" violation being filed with the State Department of Alcoholic Beverage Control or other significant complaints occur (as determined by the City Council) the Use Permit shall be reviewed and may be revoked. The applicant shall sign an agreement to implement all reasonable measures deemed necessary by the City Council to mitigate the identified impacts, including but not limited to curtailing hours of operation, increasing food services or increasing on-site security. The applicant shall sign an agreement to pay for all of the costs of processing such a review. Operations Report: The applicant shall file an operations report on at least a quarterly basis as deemed necessary by the Police Chief based upon the level of actual or potential police activity detailing all of the following: a. Police visits including routine club checks. b. Incidents not requiring police intervention. c. Success of all of the programs required by these conditions. d. Percentage of food service of the total gross receipts, or operation of the food service component if food service is offered at no charge. e Compliance with the operational outline including live entertainment format. f. Security. Lease Agreement: The Conditions of Approval of this Use Permit shall be set forth in any and all lease agreements applicable to the property subject to this Use Permit, and shall be reviewed and approved by the City Attorney to ensure all of the above conditions are detailed and known to any subsequent operator. Resolution No. 2681 page 5 18. Police Service Fees: Recognizing the potential extraordinary police service costs associated with nightclubs the applicant shall sign an agreement to pay an annual police service fee. The amount of the fee shall be based upon extraordinary costs to serve the subject nightclub/live entertainment establishment with exceeds the cost to serve general commercial uses of a similar size in a similar location. The police service fee shall be determined by the City Staff. If the applicant believes the fee is excessive he has the option of paying for an independent consultant to be retained by the City to assess the extraordinary level of police services necessary to serve the nightclub use. The consultant report shall identify an appropriate police service fee necessary to offset the identified extraordinary costs. The amount of the fee shall be determined and paid prior to commencement of operation and annually thereafter. 19. The fee may be changed on an annual basis by the City Council if the police costs per hour are determined to have risen or the operational costs are demonstrated to be less based upon police call performance for the proceeding year. The final agreement and formula shall be approved by the Planning Commission prior to commencement of operation The applicant shall also be responsible for any costs beyond those identified in the report if documented to occur during any calendar year. Security: Applicant shall provide a written statement and contract verified by the City Staff that the five additional private security guards specified in the security plan are a continuous part of the operation and shall be on duty during Thursday, Friday, and Saturday evenings from the time that the business commences operation. 20. Operations: The security personnel shall not be under the direct employment of the operator. The applicant shall contact services from a private security firm. Additional private security personnel may also be required beyond the above designated hours should the experience warrant them as determined by the Police Chief. Additionally, the Police Chief shall have the authority to reduce or eliminate this requirement if the conditions warrant. The applicant is notified as part of this application that he/she is required to comply with all applicable Codes and/or Ordinances of the city of Campbell and the State of California which pertain to this development and are not herein specified. Resolution No. 2681 page 5 PASSED AND ADOPTED this the 10th day of July 1990 by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Christ, Fox, Alne, Meyer, Olszewski Perrine Wilkinson APPROVED: Jay R. Perrine Chairman ATTEST: Steve T. Piasecki Secretary