PC Res 2665RESOLUTION NO. 2665
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PERMIT
ALLOWING THE OPERATION OF A LIVE-ENTERTAINMENT/
NIGHTCLUB ON PROPERTY KNOWN AS 1901 SOUTH BASCOM
AVENUE, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT,
(APPLICATION OF PATRICK ZABALDO, UP 90-02).
After notification and public hearing as specified by law on the
application of Mr. Patrick Zabaldo for a Use Permit and approval of the
operation of a live-entertainment/nightclub on property known as 1901
South Bascom Avenue, in a C-2-S (General Commercial) Zoning District, as
per the application filed in the Planning Department on January 26,
1990; and, after presentation by the Planning Director, proponents and
opponents, the hearing was closed.
After due consideration of all evidence in a presented, the Planning
Commission did find as follows:
Traffic exiting the bar at late hours of the evening has a
potential to disturb persons in the surrounding neighborhood;
Large bars with occupancies of over 200 have generated a
disproportionate number of police service calls;
Drinks, 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;
Limiting the hours of operation would tend to reduce disruption to
the surrounding neighborhoods;
Eliminating drink promotions and drink specials would tend to
reduce the number of police service calls;
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;
Bars tend to generate a disproportionate number demand for police
services as compared to other commercial uses;
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;
Resolution No. 2665
-2-
Adopted March 27, 1990
by the Planning Commission
10.
The presence of well trained security personnel would tend to
diminish the demand on police services;
11.
Security personnel who are not employees of the proposed use tend
to behave more responsibly;
12. The site provides ample parking for the allowed number of patrons;
13.
The site is located away from most residential uses, in the middle
of a shopping center;
14. The site is served by two major arterial streets;
15.
The establishment, maintenance, or operation of the use applied
for 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;
16.
The proposed site is adequate in size and shape to accommodate the
yards, wall, fences, parking and loading facilities, landscaping
and other development features required in order to integrate said
use with uses in the surrounding area;
17.
The proposed site is adequately served by streets of sufficient
capacity to carry the kind and quantity of traffic such use would
generate; and,
18. The proposed use is compatible with the uses in the area.
Based on the above findings, the Planning Commission does hereby grant
the requested Use Permit, subject to the following conditions:
BUILDING DIVISION
Show that aisle widths are not reduced at columns.
Show handicap ramps do not exceed 1:12 horizontal.
Show 44 inches level landing at the interior of the south exit
door.
Show the second exit from the second floor.
FIRE DEPARTMENT
The tenant space shall comply with all fire code requirements for
a group A, division 2.1 occupancy.
Resolution No. 2665
-3-
Adopted March 27, 1990
by the Planning Commission
PLANNING DEPARTMENT
Approved Use: Approval is granted to operate a 5400 square foot,
280 seat nightclub with live-entertainment.
Hour of Operation: Operating hours are limited between the hours
of 10:00 a.m., 2:00 a.m. Limitations on the above hours may be
considered should a review of this Use Permit become necessary as
detailed in Condition No. 17.
Transferability of Permit: Subsequent operators shall agree in
writing that they have read, understand and shall implement all of
the Conditions of Approval.
12 Month Review: The Planning Commission shall conduct an
informal review of the performance of the use one year after
commencement of operation.
10.
Occupancy: The occupancy shall not exceed 280 persons plus the
number of employees/staff currently on-duty.
11.
Live-Entertainment: The applicant shall obtain a
Live-Entertainment Permit prior to commencement of the operation.
12.
Drink Promotions: No drink promotions shall be permitted
including "happy hours," discounted prices for drinks, etc.
drink shall be offered for less than $1.50 each.
No
13.
Operational Format: The operational format shall conform in all
respects to the letters of January 22, 1990, and September 14,
1989, submitted by Mr. Fred Sahadi and Mr. Jeff Brigham and the
two page document labeled "Operational Outline for New Night Club
in Pruneyard" submitted by the Applicant.
14.
Designated Driver Program: 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 nonalcoholic drinks for an individual
within the party who identifies him/herself as the designated
driver.
15.
Server Intervention Program: The applicant shall operate a server
intervention program including the following:
a. Training employees to identify patrons not able to drive due
to intoxication.
b. Free rides home in a taxi or van, or other personal vehicle
for any individual who is identified as being unable to drive
or who requests transportation due to intoxication.
Resolution No. 2665
-4-
Adopted on Marcy 27, 1990
by the Planning Commission
16.
17.
18.
19.
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 to 1:00 a.m., closing time and additional reductions
if necessary, 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 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 Aqreement: 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.
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.
Resolution No. 2665
-5-
Adopted on March 27, 1990
by the Planning Commission
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.
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.
20.
Security: At lease one State Licensed security personnel shall be
on-duty after 7:00 p.m., on Friday and Saturday evenings until
closing time. The security personnel shall not be under the
direct employment of the operator but may be employed by and
through the Pruneyard security. An additional private security
personnel may 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 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.
PASSED AND ADOPTED this 27th day of March 1990, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Christ, Fox, Wilkinson, Olszewski, Perrine
Alne, Meyer
None
ATTEST-.
Steve T. Piasecki
Secretary
APPROVED:
Jay R. Perrine
Chairman