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PC Res 3948RESOLUTION NO. 3948 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2009-52) TO A PREVIOUS CONDITIONAL USE PERMIT (RESOLUTION NO. 1630) TO ALLOW LATE NIGHT OPERATIONAL HOURS AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BAR AND RESTAURANT (GRAND DELL SALOON) ON PROPERTY OWNED BY DELL AVENUE PROPERTIES, LLC, LOCATED AT 1040 DELL AVENUE IN THE M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. ANTHONY MCKENNA, ON BEHALF OF GRAND DELL SALOON. FILE NO.: PLN2009-52. 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 PLN2009-52: 1. The proposed live entertainment and late night activity in conjunction with the existing bar and restaurant is consistent with the Industrial General Plan land use designation. 2. The proposed live entertainment and late night activity for the bar and restaurant will be compatible with the M-1-S (Light Industrial) Zoning District with approval of a Conditional Use Permit Modification. 3. The project site consists of the addition of a live entertainment permit in conjunction with an existing bar and restaurant with no expansion to the existing use that has operated on this site since 1979. 4. The proposed use generates a parking demand of 30 parking spaces. The parking area provides 41 shared parking spaces. 5. The subject property is located at the southeast corner of Dell and E. Sunnyoaks Avenues. The existing bar and restaurant is located in the northern portion of the multi- tenant industrial building that was constructed on this site in approximately 1979. The site abuts industrial uses on the south, west and north and commercial uses to the east. The remaining portions of the building are occupied by warehousing and/ or manufacturing uses. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. No exterior modifications to the building are proposed in conjunction with the proposed live entertainment and late night activities. Planning Commission Resolution No. 3948 PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment Page 2 8. The business hours shall be restricted to: Business Hours: 10:00 a.m. to 12:00 a.m. Sunday through Thursday 10:00 a.m. to 2:00 a.m. Friday and Saturday Live Entertainment: 10:00 a.m. to 12:00 a.m. daily (recommended) 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: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The addition of live entertainment to the existing bar and restaurant will not result in an over concentration of such uses in the area. 8. The addition of live entertainment to the existing bar and restaurant will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The addition of live entertainment to the existing bar and restaurant will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. Planning Commission Resolution No. 3948 PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment Page 3 10. The addition of live entertainment will not significantly increase the demand on City services. 11. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 13. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 14. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2009-52) to a previous Conditional Use Permit (Resolution No. 1630) to allow late night operational hours and live entertainment in conjunction with an existing bar and restaurant (Grand Dell Saloon) on property owned by Dell Avenue Properties, LLC, located at 1040 Dell Avenue in an M-1-S (Light Industrial) Zoning District. 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. Acknowledged & ted: ~~ Mr. An on, cKenna, on behalf of They ran Del Saloon, Applicant Planning Commission Resolution No. 3948 PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment Page 4 2. Approved Project: Approval is granted for a Conditional Use Permit Modification (PLN2009-052) to allow a live entertainment use and late night activity in conjunction with an existing bar and restaurant use (Grand Dell Saloon) located at 1040 Dell Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on April 27, 2009, except as may be modified by the conditions of approval contained herein. Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period, the live entertainment use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 5. Hours of Operation: Business Hours: 10:00 a.m. to 12:00 a.m. Sunday through Thursday 10:00 a.m. to 2:00 a.m. Friday and Saturday Business hours are the hours the business is open to the public. Live Entertainment: 10:00 a.m. to 12:00 a.m. daily 6. Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 3:00 a.m. Monday through Sunday. The allowed hours of operation include the time employees may be on site for preparation and clean up. At no time shall employees, other than the business owner during an emergency, arrive before 8:00 a.m. or remain on site after 3:00 a.m. 7. Restaurant Seating: The maximum number of seats for the bar and restaurant shall be limited to 90 seats. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Planning Commission Resolution No. 3948 PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment Page 5 9. signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 10. Live Entertainment: Live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing subject to the applicant securing approval of a Live Entertainment Permit through the Police Department as required by section 5.24.030 of the Campbell Municipal Code. 11. Liquor License: The applicant shall maintain a license for a Type 48 General on-sale liquor license (Bar/Night Club) from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages. 12. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. 13. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 14. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 15. Outdoor Seating: No outdoor seating is approved as part of this development application. 16. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front, Side and Rear Doors: The side doors to the business shall not remain in a closed position during live entertainment venues. Planning Commission Resolution No. 3948 PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment Page 6 17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 6:00 a.m. and 11:00 p.m. daily. 18. Parkins and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. PASSED AND ADOPTED this 23`d day of June, 2009, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alderete, Alster, Ebner, Gairaud and Roseberry None Gibbons and Rocha None APPROVED: ATTEST: Ciddy Wor II, Acting Secretary