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