PC Res 3528 RESOLUTION NO. 3528
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING MODIFICATIONS TO A
PREVIOUSLY APPROVED CONDITIONAL USE PERM1T (PLN2002-
142) TO ALLOW LATE NIGHT OPERATIONAL HOURS AND LIVE
ENTERTAINMENT WITHIN AN EXISTING THEATRE AT 400 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. FILE NO. PLN2002-142.
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 PLN2002-142:
On August 13, 2003, the fishnet barrier designating the smoking area behind the theatre had
been pulled down and patrons of the theatre were loitering as far east as the railroad track
area some 50 feet away.
On August 13, 2003, no guards holding a valid California Department of Consumer Affairs
guard card were present even though the theatre had approximately 150 patrons with five (5)
bands performing.
3. The lack of qualified security and the lack of crowd control presented a threat to the health,
safety and welfare of the patrons and the surrounding properties.
Reduction of the hours of operation would reduce the duration during which the crowds were
present and help mitigate the threat to the health, safety and welfare of the patrons and the
surrounding properties.
5. On two occasions, the City has had to notify the permittee that signs had been placed in the
public tight-of-way.
6. Seating Capacity shall be as follows:
211 maximum occupancy (customers/public)
45 employee occupancy(staff/security/performers)
256 total
Balcony Seating Area 64 persons
Main Floor Seating Area 147 persons
Dinner theatre: 181 seats - fixed seating / round dinner tables
Dinner theatre: 185 seats - fixed seating / rectangular tables
Concerts: 211 seats - fixed seating / open standing concert area.
Planning Commission Resolution No. 3528
PLN2002-142 - 400 E. Campbell Avenue - Modification to Use Permit - Gaslighter
Page 2
7. Entertainment shall be limited to the following:
Solo Musical Acts
Live Bands
School Functions
Stand Up Comedians
Rehearsals
Vaudeville Shows
Film Previews
Choirs
Magicians/Jugglers
Children's Theatre
Impersonators
Variety Shows
Travel Theatre Troupes
Vaudeville
Singing Groups
Operas
Political Events
Dance Recitals
Music Competitions
Fashion Shows
Weddings
8. 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.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that modification to the Conditions of Approval are necessary to ensure:
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 subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves
Modifications to the previously-approved Conditional Use Permit (PLN2002-142) to allow late
night operational hours and live entertainment within an existing theatre on property owned by
Mark Gaetano and Richard Gaetano located at 400 E. Campbell Avenue, subject to the
following conditions:
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.
Planning Commission Resolution No. 3528
PLN2002-142 - 400 E. Campbell Avenue - Modification to Use Permit - Gaslighter
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Project: Approval is granted for revisions to the Conditions of Approval for a
Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre
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. All
Conditions of Approval identified in Planning Commission Resolution No. 3492 shall remain
in effect except that the operational hours as described in Condition of Approval No. 5 and
Signing and Advertising standards as described in Condition No. 11, shall be modified as
follows:
Condition No. 5: Hours of Operation: Operational hours are limited from 8:00 a.m. to
11:30 p.m. daily. All activity must cease at the end of the operational hours, including
any cleaning and/or maintenance of the building. The building shall not be occupied
except during approved operational hours.
Condition No. 11: Signing and Advertising: All signs advertising events shall be
installed and maintained consistent with the provision of the Sign Ordinance, Chapter
21.53 C.M.C. Posting of flyers and posters on public property is prohibited. The business
owner shall be considered 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.
The applicant is responsible for the prevention and/or removal within 24 hours of any
flyer, poster, sticker or other material placed by either the entertainer, promoters, or
concert attendees on public or private property. Damage to surfaces or finishes shall be
repaired within 24 hours of damage sign removals.
PASSED AND ADOPTED this 28th day of October, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
~S~aron F~erro, Secretary
Doorley, Gibbons, Hemandez, Rocha and Roseberry
None
Alderete and Francois ~
None ~
Joseph