PC Res 3232RESOLUTION NO. 3232
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 99-
05) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT
(UP 85-03) TO ALLOW THE ESTABLISHMENT OF AN ARCADE
(25 MACHINES) AND AN ON-SALE BEER/WINE LICENSE IN
CONJUNCTION WITH AN EXISTING BILLIARD
ESTABLISHMENT ON PROPERTY LOCATED AT 2097 S.
BASCOM AVENUE IN THE C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. FILE NO. M 99-05.
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 finds as follows
with respect to application M 99-05:
1. The proposed billiard/arcade establishment with a beer/wine licenses and operational hours
after 11 p.m. is a permitted use with a Use Permit in the C-2-S zoning district.
2. The proposed billiard/arcade is consistent with the Commercial land use designation of the
General Plan shown for this site.
o
The proposed beer/wine license is incidental to the primary function a billiard and arcade
business and is permitted consistent with section 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
The proposed beer/wine license and late night hours of operation in conjunction with the
billiards and as conditioned is consistent with the commercial land use of the General Plan
and the C-2-S zoning designation.
5. The beer/wine license, 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 beer/wine service 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.
8. The establishment of a beer/wine license and an arcade will not significantly disturb the
peace and enjoyment of any nearby residential neighborhoods.
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M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Page 2
9. The billiard establishment with beer/wine service and an arcade will not significantly
increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of a billiard parlor with beer/wine service and an arcade 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.
The proposed 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 proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment as conditioned is compatible with the adjacent land uses and the
surrounding neighborhood.
Further, the applicant is notified as part of this application that they are required to comply with
all applicable Codes and Ordinances of the City of Campbell and the State of California which
pertain to this application and are not herein specified. And, that this approval is granted subject
to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Proiect: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours after 11 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 4750 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
2. Extended hours of operation Hours of operation are from (noon to 2 a.m. daily) except
beer/wine sales shall terminated at 11 p.m. Sunday through Thursday. If the Community
Planning Commission Resolution 3232
M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Page 3
Development Director receives substantiated complaints regarding noise or impacts associate
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.
3. 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.
o
On-site Lighting: Details of any new project lighting shall be approved by the Community
Development Director prior to the issuance of building permits. 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.
o
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.
o
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.
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 Divisioni
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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
be self-closing doors and shall not be propped open.
from the billiard establishment shall
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.
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 heating 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.
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M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
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POLICE DEPARTMENT
14. Billiard/Arcade Permit:
consistent with section 5.28.020
establishment of the business.
CENTRAL FIRE DISTRICT:
15. No Fire Department requirements.
PUBLIC WORKS DEPARTMENT:
16. No Public Works Department requirements.
PASSED AND ADOPTED this 27th day of July, 1999, by the following roll call vote:
AYES: Commissioners:
The applicant shall process permits with the Police Department
and 5.30.020 of the Campbell Municipal Code prior to the
APPROVED:
ATTE,ST :~ _K.",I.~ .c~.,_~Steve eiasecki, Secre~a~-~x' "
Lowe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Brad Jones?~hair
Francois, Gibbons, Hernandez, Jones, Keams, Lindstrom,