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