PC Res 3226RESOLUTION NO. 3226
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (M 99-03) TO A
PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 94-09) TO
ALLOW INCIDENTAL LIVE ENTERTAINMENT, IN THE FORM OF
KARAOKE SINGING AND DANCING, AND LATE NIGHT HOURS OF
OPERATION BEYOND 11 P.M. FOR AN EXISTING RESTAURANT AND
BAR ON PROPERTY LOCATED AT 2369 S. WINCHESTER
BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MS. RUTH McDONALD, ON BEHALF OF
JR'S SPORTS BAR AND GRILL RESTAURANT. FILE NO. M 99-03 (UP
94-09).
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 M 99-03 (UP 94-09):
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-2-S (General 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.
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The proposed live entertainment, in the form of karaoke singing and dancing, and late night
hours of operation past 11 p.m. 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.
All findings and conditions of approval under the previously-approved Use Permit (UP 94-
09) as approved by Resolution No. 2924 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 Resolution No. 3226
M 99-03 (UP 94-09) - 2369 S. Winchester Boulevard -JR's Sports Bar and Grill Restaurant
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 Project: Approval is granted for a Modification (M 99-03) to a previously-
approved Use Permit (UP 94-09) to allow the establishment of incidental live entertainment,
in the form of karaoke singing and dancing, and late night hours of operation past 11 p.m. for
an existing restaurant with bar on property located at 2369 S. Winchester Blvd. 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 April 8, 1999
2. Hours of operation: 6:00 a.m. to 1:30 a.m., Monday - Sunday (7 days a week).
Planning Commission Resolution No. 3226
M 99-03 (UP 94-09) - 2369 S. Winchester Boulevard -JR's Sports Bar and Grill Restaurant
Page 3
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Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 2924 for approval of the Use Permit
(UP 94-09) that permitted the outdoor seating area for the restaurant with bar, 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. Nighttime Exiting: Occupants of the restaurant and bar during nighttime hours after 9
p.m. shall be required to exit from the front entrance of the restaurant and bar facing
Winchester Boulevard.
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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.
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.
Exterior Speakers: No audio sound system, music, public address system, and/or
speakers in the outdoor seating area shall be used after 9:30 p.m.
Planning Commission Resolution No. 3226
M 99-03 (UP 94-09) - 2369 S. Winchester Boulevard- JR's Sports Bar and Grill Restaurant
Page 4
E. Dance Floor Area: The area used for dancing shall be limited to the area noted on the
approved floor plan, and shall not exceed 150 square feet.
POLICE DEPARTMENT
7. 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.
PASSED AND ADOPTED this 25th day of May, 1999, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners: None
ABSENT: Commissioners: Lowe
ABSTAIN: Commissioners: None
Francois, Gibbons, Hemandez, Jones, Keams, Lindstrom,
APPROVED:
Steve Piasecki, Secretary
Brad Jone ,~air