PC Res 3308RESOLUTION NO. 3308
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2000-116) TO A CONDITIONAL USE PERMIT TO ALLOW
INCIDENTAL LIVE ENTERTAINMENT AND EXTENDED
HOURS OF OPERATION BEYOND 11 P.M. FOR AN EXISTING
RESTAURANT AND BAR ON PROPERTY LOCATED AT 1710
W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR.
MIKE CRAIG, ON BEHALF OF CAPERS GRILLE & BAR.
FILE NO. PLN2000-116:
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 PLN2000-116:
The proposed live entertainment and late night hours of operation for an existing restaurant
and bar are consistent with the commercial land use designation of the General Plan and the
C- 1-S (Neighborhood Commercial) zoning designation for the site with approval of a Use
Permit.
2. The existing restaurant with bar is located in a tenant space within a commercial shopping
center and is compatible with the surrounding development and uses.
3. The existing restaurant with bar is located approximately 200 feet from the nearest residential
uses and is compatible with the adjacent land uses and the surrounding neighborhood.
The proposed live entertainment, in the form of solo artists, two to three piece bands, karaoke
singing and dancing, and late night hours of operation to 12 a.m. (Sundays through
Thursdays) and 1 a.m. (Fridays and Saturdays) are incidental to the primary function of the
site as a restaurant with a bar.
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The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional seating will be added to the
restaurant with bar in conjunction with the addition of the live entertainment uses and the late
night hours of operation past 11 p.m.
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All findings and conditions of approval under the previously approved Use Permit (M 97-09
& UP 95-18) for the existing restaurant and bar are included as part of the approval for the
Modification, unless herein modified, and shall remain in effect.
Planning Commission Resomtion No. 3308
PLN2000-116 - 1710 W. Campbell Avenue - Extended Hours/Live Entertainment (Capers)
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. 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 subject site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed project is compatible with the adjacent land uses and the surrounding
neighborhood.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Proiect: Approval is granted for a Modification (PLN 2000-116) to a previously-
approved Use Permit (M 97-09 & UP 95-18) to allow the establishment of incidental live
entertainment, in the form of solo artists, two to three piece bands, karaoke singing and
dancing, and late night hours of operation past 11 p.m. for an existing restaurant with bar on
property located at 1710 W. Campbell Avenue. Approval shall substantially conform to the
project exhibits listed below, except as may be modified by the Conditions of Approval
contained herein:
A. Site plan of the shopping center indicating the restaurant and bar tenant space location
B. Floor plan of the restaurant and bar tenant space
C. Applicant's letter of request dated August 15, 2000
Hours of Operation: The hours the restaurant and bar is open to the public shall be restricted
to the following:
Sunday- Thursday: 11:00 a.m. to 12:00 a.m.
Friday & Saturday: 11:00 a.m. to 1:00 a.m.
Planning Commission Resomtion No. 3308
PLN2000-116 - 1710 W. Campbell Avenue - Extended Hours/Live Entertainment (Capers)
Page 3
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Outdoor Seating Hours:
Sunday - Thursday: 11:00 a.m. to 10:00 p.m.
Friday & Saturday: 11:00 a.m. to 10:00 p.m.
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3097 for approval of the Use Permit
(M 97-09 & UP 95-18), except as herein modified by the conditions of approval for the
Modification.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
Noise:
A. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses from the restaurant and bar (including the
outdoor seating area) shall not be audible to a person of normal hearing acuity from any
residential property.
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Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the restaurant and bar (including the outdoor seating area), may limit the
operational hours of the uses for the restaurant and bar and/or may require a Noise
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Management Plan shall require implementation of the mitigation measures as determined
in the acoustical study to comply with the noise conditions as herein included in these
Conditions of Approval. Actions by the Community Development Director may be
appealed to the Planning Commission, but the reduced hours for the restaurant shall be
effective immediately upon notification by the Community Development Director.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
shall be used in the outdoor seating area.
D. Dance Floor Area: The area used for dancing shall be limited to the area noted on the
approved floor plan, and shall not exceed 200 square feet.
Planning Commission Resomtion No. 3308
PLN2000-116 - 1710 W. Campbell Avenue - Extended Hours/Live Entertainment (Capers)
Page 4
POLICE DEPARTMENT
7. Live Entertainment Permit: The applicant shall obtain 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.
PASSED AND ADOPTED this l0th day of October, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Gibbons, Lindstrom, Lowe
Doorley
Francois, Hemandez, Jones
None ~.~/,~ /_/~~/~
APPROVED: "
.~zza~l~ Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary