CC Resolution 10711
RESOLUTION NO. 10711
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PARKING ADJUSTMENT (PLN2006-91)
FOR THE ESTABLISHMENT OF A NEW NIGHTCLUB IN THE
GROWER'S BANK BUILDING (FORMERLY USED AS THE
GASLlGHTER THEATER) 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 City Council 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 are
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 Qroup 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.
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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 City Council 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.
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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 City Council grants a Parking Adjustment
(PLN2006-91) for the establishment of a new nightclub in the Grower's Bank Building
(formerly used as the Gaslighter Theater) 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. Approval is continaent upon City Council approval of a parkina adiustment
pursuant to 21.10.060 I (3) (Chanae of Use) of the Campbell Municipal 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
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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 Permit/Review: 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 Buildina 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 Manaaement: 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.
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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 Qroup 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. Smokino 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 SeatinQ: Outdoor seating is not approved for this project.
10. Liouor 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. Sionino and Advertisino: 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. ParkinQ: 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. Valet Parkino: The use of valet parking in the First Street Garage will be subject to
proof of insurance from both the owner of the Ultra Lounge and the Valet Service
designating the City and Redevelopment Agency as beneficiary to the satisfaction of
the City Attorney. The use of the parking structure is not proprietary. The valet
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service must park in marked spaces. It may not section off any portion of the
parking structure and all rules for use of the parking structure must be adhered to.
15. Alleywav Parkinq: No vehicle parking other than equipment loading and unloading
shall be allowed in the alley at the rear of the building.
16. Concerts: This building has not been approved for concerts.
17. Property 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.
18. Outdoor Heaters: The use of outdoor heaters is not allowed anywhere outside the
building.
19. Dress Code: The property/business owner shall enforce the approved Dress Code.
20. Police Department Live Entertainment Permit: The property owner shall secure a
Live Entertainment Permit from the Campbell Police Department.
21. 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.
22. Emplovee Parkinq: The property owner shall meet with neighboring business
owners to discuss employee parking plans.
23. 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.
24. Historic Preservation Board Review: The Historic Preservation Board shall
review all proposed signs, lighting and/or cameras on the building exterior.
25. Rooftop Equipment: No rooftop equipment is proposed is approved for this project
under this application.
26. Occupancv: 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.
27. 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.
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Buildina Division
28. Permits Required: 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.
29. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
30. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
31. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer and Architect. Plans submitted for
building permits shall be "wet stamped" and signed by the qualifying professional
persons.
32. 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.
33. Title 24 EnerQV 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.
34. 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.
35. Stormwater Runoff ProQram Requirements: 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.
36. 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.
37. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form
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on submitted construction plans. Form is available at Building Division service
counter.
38. Outside Aoencv Approvals Required: The project requires the following agency
approval prior to issuance of the building permit:
. West Valley Sanitation District
. Santa Clara County Fire Department
. Santa Clara County Department of Environmental Health (Food Service)
PUBLIC WORKS
39. 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.
40. 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.
41. 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.
42. Private Improvements Aoreement: 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.
43. Occupancy: 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.
44. Work in the Public Riqht-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.
45. Utilitv 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.
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46. 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-ot-way line.
47. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 ot
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of
the serving utility companies.
48. Utilitv 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 tor new utilities shall be used whenever possible.
49. 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.
50. Storm Drain Area Fee: Prior to issuance of any grading or building permits tor the
site, the applicant shall pay the required Storm Drain Area fee, currently set at
$2,650.00 per net acre.
51. 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 Stormwater 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 Stormwater Quality: A Companion Document
to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
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52. Occupancv: 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.
Police Department
53. 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.
54. Securitv and Staffinq: 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.
55. Securitv 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.
56. Valet ParkinQ: 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.
57. Enhanced Securitv: 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.
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PASSED AND ADOPTED this 21st
following roll call vote:
day of November
2006, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kennedy, Burr, Furtado, Watson
Hernandez
None
None
ATTEST:
{:L~
Anne Bybee, City Clerk
-1
APPROVED: !/--~- ..
Je-anette Watson, Mayor