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PC Res 3535RESOLUTION NO. 3535 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CHANGE TO THE CONDITIONS OF APPROVAL OF A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2002-142) TO ALLOW LIVE ENTERTAINMENT WITI-tlN AN EXISTING THEATRE BY INCREASING THE OPERATIONAL HOURS TO 12 A.M. DAILY ON PROPERTY OWNED BY MARK AND RICHARD GAETANO LOCATED AT 400 E. CAMPBELL AVENUE IN THE C-2-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: 1. No items of non-compliance have been identified by staff during the six-month review period. 2. Seating Capacity shall be as follows: 211 maximum occupancy (customers/public) 45 employee occupancy (staff/security/performers) 256 Total o 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 Entertainment shall be limited to the following: Solo Musical Acts Choirs Live Bands School Functions Stand Up Comedians Rehearsals Vaudeville Shows Film Previews Magicians/Jugglers Children's Theatre Impersonators Variety Shows Travel Theatre Troupes Vaudeville Singing Groups Operas Political Events Dance Recitals Music Competitions Fashion Shows Weddings 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. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission Resolution No. 3535 PLN2002-142 -- 400 E. Campbell Avenue - Modification of Conditions of Approval Page 2 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 a change to the Conditions of Approval of a previously approved Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre by increasing the operational hours to 12 a.m. daily on property owned by Mark and Richard Gaetano located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District, 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. 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: Planning Commission Resolution No. 3535 PLN2002-142 -- 400 E. Campbell Avenue - Modification of Conditions of Approval Page 3 Condition No. 5: Hours of Operation: Operational hours are limited from 8:00 a.m. to 12:00 a.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. Buildin~ Division Compliance with State Law by Posting Warning Placard of Un-reinforced Masonry Building: Pursuant to State Government Code Section 8875.7, applicant will comply with State law by posting, in a conspicuous place at the entrance of the building, a sign not less than 5 inches by 7 inches in print, not less than 30 point type size, the following notification: "This is an un-reinforced masonry building. Un-reinforced masonry buildings may be unsafe in the event of a major earthquake." PASSED AND ADOPTED this 27th day of January, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Alderete, Doofley, Francois, Gibbons, Hernandez, Rocha and Roseberry Commissioners: None Commissioners: None Commissioners: None APPROVED: c ~JZ--~'l i~.i ~ //~~ GeOrge Doorley, Chair~..~3 Sharon Fierro, Secretary