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PC Res 3763 RESOLUTION NO. 3763 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-91) FOR THE ESTABLISHMENT OF A NEW NIGHTCLUB ON PROPERTY OWNED BY MR. NICK D'ARPINO LOCATED AT 400 E. CAMPBALL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. NICK D'ARPINO. FILE NO: PLN2006-91. After notification and public hearing, 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 PLN2006-91: 1. The proposed operational hours and live entertainment within the existing historic Grower's Bank Building 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. 2. The proposed operational hours and live entertainment within the nightclub is consistent with the guidelines of the Downtown Development Plan in that it supports an entertainment use in the downtown that complements other retail activities. 3. The proposed project, as conditioned, is compatible with the surrounding commercial uses within the neighborhood. 4. The hours of operation for the live entertainment are limited to: Hours Open to the Public: Monday: Tuesday: Wednesday - Saturday: Closed on Sunday Closed 6 p.m. to Midnight 7 p.m. to 2:00 a.m. Hours available for Private aroup rental (to 125 persons): Sunday and Monday: 9 a.m. to 11 p.m. All other days: 9 a.m. to 4 p.m. 5. Entertainment shall be limited to recorded DJ music and amplified and acoustical live music and vocalists. This is not a concert venue. Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 2 6. The additional square footage on the second level of the existing building will not adversely affect parking in the downtown. The use of the valet parking justifies the granting of a parking adjustment to allow the expansion of the second floor to include two catwalks on either side of the building and restrooms and an office on the second floor to accommodate patrons using the existing second floor seating area. 7. 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. 8. The conditions of approval should sufficiently mitigate loitering, littering, vandalism and noise problems that have been experienced with this type of business and with this site in the past and should provide adequate security for such events. 9. The Police Department has no objections to the proposed project, as conditioned. 10. The Redevelopment Agency has no objections to the proposed project, as conditioned. 11. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (Minor Additions to 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. 1. 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 granting of a parking adjustment is justified by the provision of valet parking by the owner in order to utilize the new square footage of the second floor. 5. 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. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 3 6. 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. 7. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-91) to allow the establishment of a nightclub on property owned by Mr. Nick D'Arpino located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. 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 Plannina Division 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-91) to allow the establishment of a nightclub with live entertainment, late night hours and a parking adjustment for an existing building 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 October 5,2006, including a site plan, floor plans and elevations. b. Project description dated August 2006, prepared by Nick D'Arpino, as amended below. Occupancy and seating layout shall be consistent with this operational description and maximum occupancy shall be posted and observed by employees. Types of entertainment shall be restricted to recorded DJ music and amplified and acoustical live music and vocalists. This is not a concert venue. c. Aooroval is continaent uoon City Council aooroval of a oarkina adiustment oursuant to 21.10.060 I (3) (Chanae of Use) of the Camobell Municioal Code. 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 Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 4 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 PermiUReview: 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. 4. Periodic Review of Use: The Planning Commission shall conduct a review of the Conditional Use Permit upon the completion of six months of operation and again at one year intervals from the date of the City Council's approval of the Police Department Live Entertainment Permit. Additionally, the Planning Commission may review the Conditional Use Permit based upon a verified complaint filed with the Community Development Director at any time the need occurs. 5. Use of Historical Accurate Buildino Materials on Exterior Elevation: Any repair to the exterior of the building shall be overseen by an expert approved by the Community Development Director to preserve the integrity of the existing historic materials. Repair and/or replacement of windows, doors or other exterior features shall be historically accurate and cleared with the Community Development Director. 6. Noise: a. 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 nightclub and live entertainment shall not be audible to a person of normal hearing capacity from any residential property. Complaints about noise creating a nuisance and having a negative impact on the operation of other businesses shall be investigated by the Community Development Department and upon verification, reported to the Planning Commission for evaluation. b. Noise Manaoement: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by the nightclub and or musical 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. Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 5 7. Hours of Operation: Operational hours are limited to: Hours Open to the Public: Monday: Closed Tuesday: 6 p.m. to Midnight Wednesday - Saturday: 7 p.m. to 2:00 a.m. Closed on Sunday Hours available for Private aroup rental (to 125 persons): Sunday and Monday: 9 a.m. to 11 p.m. All other days: 9 a.m. to 4 p.m. 8. Smokina Area: The designated smoking area shall be at the rear of the building. Appropriate signs and security staff shall enforce this condition. The areas shall be maintained in a clean manner. The failure to properly maintain the designated smoking area may result in revocation by the Community Development Director. 9. Outdoor Seatina: Outdoor seating is not approved for this project. 10. Liauor License: The applicant shall restrict the sale and consumption of alcoholic beverages to the interior of the building. The applicant shall maintain a Type 48, Alcohol Beverage Control liquor license. 11. Propertv Maintenance: Maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and adhesive stickers placed on the property and on public property within 50 feet of the subject property. 12. Sionina and Advertisina: All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance. Posting of flyers and posters on public property is prohibited. The business owner shall be 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. 13. Parkina: The parking exception is granted contingent upon the provision of valet parking. The proposed use of the building may occur only when valet parking is provided. The Community Development Director, with the concurrence of the Police Chief, may modify this condition of approval temporarily upon the request of the applicant. Such request shall be placed on the next available Planning Commission meeting for review. 14. Allevwav Parkina: No vehicle parking other than equipment loading and unloading shall be allowed in the alley at the rear of the building. 15. Concerts: This building has not been approved for concerts. Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 6 16. Prooertv 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. 17. Outdoor Heaters: The use of outdoor heaters is not allowed anywhere outside the building. 18. Dress Code: The property/business owner shall enforce the approved Dress Code. 19. Police Department Live Entertainment Permit: The property owner shall secure a Live Entertainment Permit from the Campbell Police Department. 20. Securitv Plan: The property/business owner shall adhere to the Security Plan approved by the Planning Commission, with any revisions that may be required by the Campbell Police Department. 21. Emplovee Parkina: The property owner shall meet with neighboring business owners to discuss employee parking plans. 22. Parkina Plan: Comprehensive parking plan to be reviewed and approved by the Community Development Director including the plans for storage of the electric vehicle during non-operational hours. 23. Historic Preservation Board Review: The Historic Preservation Board shall review all proposed signs, lighting and/or cameras on the building exterior. 24. Rooftop Eauipment: No rooftop equipment is proposed is approved for this project under this application. 25. Occuoancv: The initial approved occupancy is 125 total persons. The maximum approved occupancy is 299 total persons. Allowed occupancies within the approved range shall be subject to the review and approval of the Community Development Director, and shall be based on the ability of the approved Parking Plan to satisfactorily meet the parking needs of the Lounge. 26. Noise and Vibration: Given that the Lounge shares common walls with their neighbors, the plans submitted for the building permit shall specify interior wall materials/treatments which reduce noise and vibration. These specifications shall be subject to the review and approval of the Community Development Director. Buildina Division 27. Permits Reauired: A building permit application shall be required for the tenant improvements and unreinforced masonry structural retrofitting necessary for the proposed new lounge use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 7 28. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 29. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 30. Plan Preparation: This project requires plans prepared under the direction and oversight of a Califomia licensed Engineer and Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional persons. 31. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 32. Title 24 Enerav Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 33. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 34. Stormwater Runoff Proaram Reauirements: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 35. Title 24 Accessibilitv - Commercial: On-site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. 36. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 37. Outside Aaencv Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit: . West Valley Sanitation District Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 8 . Santa Clara County Fire Department . Santa Clara County Department of Environmental Health (Food Service) PUBLIC WORKS 38. P.G. & E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 39. Site Plan: Prior to issuance of any grading or building permits for the site, the applicant shall provide a site plan showing the correct distance from the street centerline to the property line, dimensions of sidewalk and other relevant information in the public right of way. 40. Street Improvements: Should any new utilities main lines or other work required to service the development affect any street improvements, the City may add any other conditions to the development, at the discretion of the City Engineer, to restore pavement or other street improvements to the satisfaction of the City. 41. Private Improvements Aareement: Prior to issuance of any grading or building permits for the site, the owner shall execute an "Agreement for Private Improvements in the Public Right of Way". This agreement would be required to allow the existing utility facilities located in the public right of way along the frontage of this property, and any other non-City standard improvements, to remain. 42. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have any required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 43. Work in the Public Riaht-of-Wav: Prior to doing any work in the public right-of-way, the applicant shall obtain an encroachment permit, provide plans, pay fees and deposits, post security, and provide insurance. 44. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 45. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 46. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 9 Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 47. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 48. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Campbell Avenue has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 49. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre. 50. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. a. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 51. 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. Planning Commission Resolution No. 3763 PLN2006-91 - 400 E. Campbell Avenue - Use Permit - Motion Ultra Lounge Page 10 Police DeDartment 52. 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. 53. Security and Staffina: The applicant shall provide staffing and security personnel as required by the Live Entertainment Permit. Security personnel shall be approved by the Police Department and shall be bonded with a one million dollar insurance policy. Security personnel shall be uniformed and trained and licensed consistent with the California Department of Consumers Affairs Standards. 54. Security Weapons: The applicant has indicated that security guards may be equipped with stun guns. Any weapons carried and or utilized by security personnel must be inspected by the Police Department before being carried and each user shall provide verification that (s)he has received proper training, to the satisfaction of the Police Department. The Police Department retains the right to prohibit the use of such weapons. 55. Valet Parkina: The operation of valet parking may affect the use of the public streets and/or sidewalks. Valet parking must be reviewed and approved by the Police Department and Community Development Director prior to establishing the use of the building as a nightclub. 56. Enhanced Security: Recording surveillance cameras shall be installed to record activity both inside and outside the entrance to the night club. This condition will apply to the front of the building and may, at the option of the Police Chief, be required for the rear exit of the building and the First Street Parking Garage. PASSED AND ADOPTED this 10th day of October, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None APPROVED:~ ~ Bob Alderete, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: ~~~J\1l. U- Sharon Fierro, Secretary