PC Res 4038RESOLUTION NO. 4038
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL DENYING A CONDITIONAL USE PERMIT (PLN2011-111)
TO ALLOW THE ESTABLISHMENT OF A COMBINED
RESTAURANT/NIGHTCLUB (DASHA) WITH GENERAL ALCOHOL
SALES, LIVE ENTERTAINMENT AND LATE NIGHT ACTIVITY ON
PROPERTY LOCATED AT 400 E. CAMPBELL AVENUE (GASLIGHTER
THEATRE) IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING
DISTRICT. FILE NO.: PLN2011-211.
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 PLN2011-211:
Environmental Finding
1. The project is Statutorily Exempt under Section 15270(a) of the California Environment
Quality Act (CEQA), pertaining to projects which a public agency rejects or disapproves.
Evidentiary Findings
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
2. The project site consists of a 3,965 square-foot parcel, improved with a 6,211 square-foot
historic two-story building.
3. The project site is located on the south side of East Campbell Avenue, Central Avenue
and Railway Avenue.
4. The application proposes to establish a restaurant and lounge that includes on-site
alcohol service until 2:00 AM and dancing and live entertainment past 11:00 PM in
conflict with the Downtown Alcohol Beverage Policy.
5. Previous approvals for the project site provide a total building occupancy of 256. The
proposal requests a total occupancy of 256 (patrons and employees). Pursuant to
Campbell Municipal Code Sec. 21.10.060(1), no additional parking shall be required
unless there is an intensification or expansion of the building. As no intensification or
expansion of the building is proposed and no increase in occupancy has been requested,
no additional parking would be required.
6. It is strongly encouraged that any project obtaining a Conditional Use Permit approval
shall comply with the applicable operational standards of the Downtown Alcohol
Beverage Policy. The current application does not comply with the applicable operational
standards of the Downtown Alcohol Beverage Policy due to the late night alcohol sales,
the establishment of a new bar use component, and late night live entertainment.
Planning Commission Resolution No. 4038
PLN2011-111 - 400 E. Campbell Avenue - Denying a Conditional Use Permit
Page 2
7. The project is inconsistent with the Downtown Alcohol Beverage Policy and is therefore
inconsistent with the Downtown Development Plan and General Plan.
8. The project has been found to be detrimental to the surrounding residential
neighborhoods due to the request for late night operational hours, late night alcohol
sales, and late night live entertainment inconsistent with the Downtown Alcohol Beverage
Policy.
9. The introduction of a bar use component creates an overconcentration of alcohol service
establishments and late night alcohol service inconsistent with City policy.
10. The establishment, maintenance, or operation of the proposed use at the location
proposed will 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 as a result of the increase of late night alcohol establishments
which results in an increase in drunk in public, vandalism, drunk driving, fighting and
other alcohol related incidents.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed use is not allowed within the applicable zoning district with Conditional Use
Permit approval and does not comply with all other applicable provisions of the Zoning
Code and the Campbell Municipal Code;
2. The proposed use is inconsistent with the General Plan;
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 is
incompatible 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 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;
Planning Commission Resolution No. 4038
PLN2011-111 - 400 E. Campbell Avenue - Denying a Conditional Use Permit
Paae 3
7. The establishment will result in an over-concentration of these uses in the surrounding
area;
8. The establishment will create a nuisance due to litter, noise, traffic, vandalism, or other
factors;
9. The establishment will significantly disturb the peace and enjoyment of the nearby
residential neighborhood; and,
10.The establishment will significantly increase the demand on city services.
THEREFORE, BE IT RESOLVED that the Planning Commission denies a Conditional Use
Permit (PLN2011-111) to allow the establishment of a combined restaurant/nightclub
(Dasha) with general alcohol sales, live entertainment and late night activity on property
located at 400 E. Campbell Avenue (Gaslighter Theatre) in the C-3 (Central Business
District) Zoning District.
PASSED AND ADOPTED thi;
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
25th day of October, 2011, by the following roll call vote:
Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and
Roseberry
None
None
None
APPROVED
ATTEST:
Kir Hein ichs, Secretary
~~
Bob Roseberry, air