PC Res 3316RESOLUTION NO. 3316
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2000-152) TO A PREVIOUS-APPROVED CONDITIONAL
USE PERMIT TO EXTEND THE ALLOWABLE HOURS FOR
ON-SALE BEER AND WINE SALES TO 12 A..M. ON
PROPERTY LOCATED AT 2097 S. BASCOM AVENUE IN A C-
2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
APPLICATION OF MR. PHIL SCHAEFER, ON BEHALF OF
CHAMPIONS POOL & GAMES. FILE NO. PLN2000-152.
After notification and public heating, 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 PLN2000-152:
1. The billiard/arcade establishment with a beer/wine license and operational hours after 11 p.m.
is a permitted use with a Use Permit in the C-2-S zoning district.
2. A billiard/arcade is consistent with the Commercial land use designation of the General Plan
shown for this site.
3. The sale of beer and wine is incidental to the primary function as a billiard and arcade
business and is permitted consistent with sections 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
4. The sales of beer and wine and late night hours of operation in conjunction with the billiards
and as conditioned are consistent with the commercial land use of the General Plan and the
C-2-S zoning designation.
5. The sales of beer and wine, arcade and late night hours of operation, subject to the conditions
of approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The sales of beer and wine until 12:00 a.m. daily will not result in an over concentration of
such uses in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors. Although no documented complaints were received prior to the
meeting, testimony received at the meeting reports disturbing noises from patrons and trash
disposal as a result of late night hours. Therefore, the Planning Commission did not justify
extending on sale beer and wine service to the requested 1:30 a.m. at this time but rather
limiting the extension of time to 12 a.m.
8. The sales of beer and wine until 12:00 a.m. daily will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
Planning Commission Reso,ation No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 2
9. The sales of beer and wine until 12:00 a.m. daily at this establishment will not significantly
increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The sales of beer and wine until 12:00 a.m. daily 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.
2. The site is adequate in size and shape to accommodate the proposed use and the applicant
has indicated that appropriate supervision will be provided to conduct the business in a
complementary manner.
3. The site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The operation of this establishment, as conditioned, 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
Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4,750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours after 11:00 p.m. on property located at 2097 S. Bascom Avenue
and shall substantially conform to the project exhibits listed below, except as may be
modified by the Conditions of Approval contained herein. This approval is revocable by the
Planning Commission as prescribed in section 21.72.110.
A. Plot plan illustrating the location of the 4,750 square foot tenant space.
B. Floor plans depicting the tenant space and limiting the number of billiard/pool tables to
13 and 25 arcade machines.
C. Applicant's project description
Extended hours of operation Hours of operation are from (noon to 2 a.m. daily) except
beer/wine sales shall terminate at 12:00 a.m., Sunday through Thursday. If the Community
Development Director receives substantiated complaints regarding noise or impacts associate
Planning Commission Resomtion No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 3
o
late night hour operations, the Director may limit the operational hours of the business within
10 days written notice. The decision the Community Development Director may be appealed
to the Planning Commission as prescribed in the Zoning Ordinance.
Landscaping: All landscaping and irrigation to be maintain in accordance with approved
landscaping plans.
Liquor license: Applicant shall file and complete processing of the beer/wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
On-site Lighting: the Community Development Director, prior to the issuance of building
permits, shall approve Details of any new project lighting. The lighting shall not create glare
on adjacent residential uses.
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.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
o
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.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
Planning Commission Resomtion No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 4
11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans
to be reviewed and approved by the City prior to the issuance of building permits for the
project. The design of the trash enclosure shall match the building in terms of color and
finish.
12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit issued.
13. Noise:
A. Exterior Doors: All doors providing access to and from the billiard establishment shall
be self-closing doors and shall not be propped open.
Bo
Nighttime Exiting: Occupants of the building during nighttime hours after 10:00 p.m.
shall be duly notified of the noise restrictions. The business owner or management is
responsible for monitoring the parking area and to prohibit loitering and disruptive noise
caused by their patrons.
Co
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 within the building or by customers in the
parking area shall not be audible to a person of normal hearing acuity from any
residential property after 10:00 p.m.
Do
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
this use, may limit the operation hours 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 applicant shall implement 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 business shall be effective immediately upon notification by the
Community Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
Planning Commission Resomtion No. 3316
PLN2000-152 - 2097 S. Bascom Avenue - Modification of Use Permit (Champions)
Page 5
14. Review Period: This application shall be brought back before the Planning Commission for
review 120 days following approval, or in March, 2001.
POLICE DEPARTMENT
15. Billiard/Arcade Permit: The applicant shall process permits with the Police Department
consistent with section 5.28.020 and 5.30.020 of the Campbell Municipal Code prior to the
expansion of the business.
PASSED AND ADOPTED this 28th day of November, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners: Doorley, Francois, Gibbons, Jones, Lindstrom
Commissioners: Hernandez
Commissioners: Lowe
Commissioners: None
APPROVED ~--~ 7/2'
~z~ Gibbons, Chair
ATTEST: ._~C/vw'- ~ Sharon Fierro, Secretary