PC Res 3207RESOLUTION NO. 3207
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
98-11) TO ALLOW A BILLIARD ESTABLISHMENT (POCKETS) ON
PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE IN THE C-3-S
(CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION
OF BWI DOWNTOWN PARTNERS. FILE NO. UP 98-11.
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 UP 98-11:
The proposed billiard establishment is a use that is similar to an Arcade, as permitted with a
Use Permit in the C-3-S zoning district, and is not specifically listed elsewhere as a use in a
less restrictive zoning district.
2. The proposed billiard establishment is not more objectionable to the general welfare than an
Arcade with amusement devices and games.
The proposed billiard establishment is a commercial entertainment use which is consistent
with the commercial land use designation of the General Plan, the C-3-S (Central Business
District) zoning designation for the site, the Central Campbell Redevelopment Plan and the
Campbell Downtown Development Plan.
4. The proposed on-sale general liquor service and late night hours of operation past 11 p.m. are
incidental to the primary function of the site as a billiard establishment.
The proposed on-sale general liquor service and late night hours of operation in conjunction
with the billiard hall are consistent with the commercial land use of the General Plan and the
C-3-S zoning designation for the site.
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The extended operational hours past 11 p.m. and on-sale general liquor service, subject to the
conditions of approval, are compatible with the adjacent land uses and the surrounding
neighborhood.
7. The proposed billiard establishment with on-sale general liquor service will not result in an
over concentration of such uses in the area.
8. The proposed billiard establishment with on-sale general liquor service will not create a
nuisance due to noise, litter, vandalism, traffic or other factors.
9. The proposed billiard establishment with on-sale general liquor service will not significantly
disturb the peace and enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution No. 3207
LIP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 2
10. The proposed billiard establishment with on-sale general liquor service will not significantly
increase the demand on city services.
11. The provision to allow minors to enter and/or play billiards in the proposed billiard hall
where on-sale general liquor service is provided, will not be detrimental to the public safety,
peace, morals, comfort or general welfare of the minors.
12. The management plan included in the Conditions of Approval will ensure that minors under
the age of 21 are not served alcoholic beverages, and that appropriate supervision and control
will be implemented to ensure the safety of minors within the billiard establishment.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed billiard establishment 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 proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
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 billiard establishment 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:
Planning Commission Resolution No. 3207
UP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 3
APPROVED PROJECT
1. Approved Project: Approval is granted for a Conditional Use Permit (UP 98-11) to allow
the establishment of a billiard hall with incidental on-sale general liquor service, late night
hours of operation past 11 p.m., and the provision to allow minors to enter and/or play
billiards in compliance with a City-approved billiard hall permit, within the proposed two-
story, 5,523 square foot commercial building to be located at 368 E. Campbell Avenue. The
use shall also substantially comply with the floor plans, submitted by Chris Spaulding,
Architect, stamped as received by the Planning Department on November 18, 1998, except
as herein modified by the Conditions of Approval.
2. Operational Hours: Operational hours shall be permitted as follows:
Sunday - Thursday
Friday & Saturday
7:00 a.m. to 12:00 a.m.
7:00 a.m.. to 2:00 a.m.
Operational hours are defined as the hours during which any activity takes place on the
premises, including open hours of the billiard establishment and alcoholic beverage service,
cleaning and/or maintenance work on the property, and the presence of employees and
cleaning and/or maintenance crew on the property.
3. Building Permits. The applicant shall obtain all necessary building, mechanical, plumbing
and electrical permits, prior to establishment of the billiard hall.
Alcoholic Beverage Control. The applicant shall obtain all necessary licenses as required by
the State Department of Alcoholic Beverage Control for the sales of alcoholic beverages on
the project site and for the allowance of minors on the premises where alcoholic beverages
are served, prior to the issuance of a business license for the billiard hall and the sale of
alcoholic beverages in conjunction with this Use Permit.
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Police Department:
A. Prior to the issuance of a business license for the billiard hall and operation of the use, the
applicant and/or operator of the billiard hall shall obtain approval of a billiard hall permit
from the City, the application of which is to be submitted to the Police Department. The
applicant shall be required to comply with all regulations of the billiard hall permit, in
compliance with the regulations as stipulated under Chapter 5.28 of the Campbell
Municipal Code.
Planning Commission Resolution No. 3207
UP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 4
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If significant Police problems exist (including but not limited to assaults, narcotics
violations, driving under the influence of alcoholic beverages, or other drugs, etc.),
possibly resulting in a mini-disorderly house" violation being filed with the State
Department of Alcoholic Beverage Control or other significant complaints occur (as
determined by the City Council), the Use Permit shall be reviewed and may be revoked.
Management Plan: The management and/or proprietor of the billiard establishment shall
implement the following measures to ensure the safety of minors within the establishment:
A. Employees shall take reasonable precautions to check that any minors under the age of 14
years are not permitted to enter without the accompaniment of a parent or legal guardian
in compliance with Chapter 5.28 (Pool and Billiards Hall) of the Campbell Municipal
Code.
B. The management and/or proprietor of the billiard establishment shall train employees to
help them identify minors and shall not serve and/or sell alcohol to minors under the age
of 21 years. Any employees and/or staff members who are found to serve and/or sell
alcohol to such minors shall be immediately terminated of employment at the billiard
hall.
C. The management and/or proprietor of the billiard establishment shall set up a program to
train employees to identify patrons not able to drive due to intoxication.
D. The management and/or proprietor shall implement a program to ensure that a free ride
home is offered to any individual who is identified as being unable to drive or who
requests such transportation and who has been served at the establishment.
E. Employees shall be instructed to immediately remove any customers on the premises who
create disturbances and/or seek Police Department assistance to remove such customers.
Business Operation. The applicant shall operate and maintain this use in a manner which is
not objectionable, offensive or incompatible with surrounding uses. Operation of this use in
violation of the Use Permit or City of Campbell or State of California standards, codes and
ordinances shall be grounds for revocation of the Use Permit.
8. Outdoor Noise: No audio sound system, music, public address systems, or speakers are
permitted outside.
9. Live Entertainment: Live entertainment is not permitted with this use permit.
10. Windows: Seventy-five (75%) percent of the window space of the windows on the building
shall be unobscured from inside or outside visibility to maintain visibility of the premises for
public and Police Department surveillance.
Planning Commission Resolution No. 3207
LIP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 5
11. Transferability of Permit: Subsequent operators shall agree in writing that they have read,
understand and shall implement all of the Conditions of Approval.
12. Drink Promotions: No drink promotions shall be permitted including "happy hours" which
offer discounted prices for drinks.
PASSED AND ADOPTED this 24th day of November, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lindstrom, Lowe
None
None
Meyer-Kennedy
APPROVED:(~~~
Dennis Lowe, Chair
Steve Piasecki, Secretary