Use Permit - 2003
The American Legion
West Valley Memory Post 99
P.O. Box 110636
1344 Dell Avenue, Campbell CA 95011-0636
(408) 379-6420
Date:
To:
From:
Subject:
11 May 2005
JeoffBradley, Campbell Planning Department
Earl Honey, Adjutant
Request for Gas meter release
Ref. West Valley Memory Post 99, The American Legion
facility at 1344 Dell Av., Campbell, CA
Dear Sir;
We would like to request that the Campbell Building Department grant a Gas meter release for our facility at
this time.
We are now working diligently with contractors and businesses in the CampbelVwest San Jose area (who are
donating or assisting us as good neighbors) in our efforts to complete the exterior requirements for our facility.
This will include the landscaping, parking lot stripping and handicap parking as indicated on the approved plans.
These items will be completed by 15 July 2005, and you have my promise as the duly authorized Post project
manager that I am personally directed to do whatever is necessary to make this happen.
We would appreciate your assistance in expediting this Gas meter release.
Weare all veteran volunteers helping our veterans, youth programs, and other veteran and community service
orga?izations. We w0111~ appreciate y~r ~fo: and SUflpc>ll iu helping us ""lith this reqm~st to \'.'ai'/e the ~~ . ~ .
oreqlJlremt'let f-or the lnuuitared fire altum system: .
Please contact me if you have any questions or wish to discuss this matter further.
With warm regards,
t
9. Approval of Live Entertainment Permit - Gaslighter Theatre - 400 E. Campbell
A venue
This is a minute action approving a Live Entertainment Permit including Findings and
Conditions for the Gaslighter Theatre located at 400 E. Campbell A venue.
10. Approval of Live Entertainment Permit - American Legion W est Valley Memory
Post 99 - 1344 Dell Avenue
This is a minute action approving a Live Entertainment Permit including Findings and
Conditions for the American Legion West Valley Memory Post 99 located at 1344 Dell
A venue.
M/S: Burr/Watson - to approve the Consent Calendar with the exception of Item 11.
Motion adopted by the following roll call vote:
AYES: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
NOES: Councilmembers: None
ITEMS CONSIDERED SEPARATE FROM CONSENT CALENDAR:
11. Approval of Budget Adjustment - Excess Workers' Compensation Premium
(Resolution/Roll Ca~l Vote)
Councilmember Dean expressed concerns about the excessive rates being charged by
insurance companies and stated he would be voting No on this item based on principle
only.
M/S: Burr/Watson - that the City Council adopt Resolution 10202 approving a
Budget Adjustment for Excess Workers' Compensation Insurance Coverage.
Motion adopted by the following roll call vote:
AYES: Councilmembers: Watson, Kennedy, Burr, Furtado
NOES: Councilmembers: Dean
ORAL REQUESTS
,
a. Leon Beauchman, 1856 Montemar Way, San Jose, appeared before the City Council on
behalf of SBC, and requested that the City Council consider adopting a
telecommunications resolution as it relates to the Telecommunications Act of 1996.
Mayor Furtado referred this matter to staff.
Minutes of 7/1103 City Council Meeting
3
ClI)' uj Cam/JUt'/!
City
Council
Report
Item: lL.
Category: Consent Calendar
Date: July 1, 2003
TITLE: Live Entertainment Permit - American Legion West Valley
Memory Post 99 -
1344 Dell Avenue
RECOMMENDATION:
That the City Council approve the issuance of a Live Entertainment Permit for the
American Legion West Valley Memory Post 99 located at 1344 Dell Avenue, subject to
the attached findings and conditions of approval.
DISCUSSION:
The following applicant has applied for a Live Entertainment Permit:
Charles A. Berls
5122 Carter Avenue
San Jose, CA 95118
(408) 265-1527
The applicant proposes to rent the facility out to live entertainment promoters, groups,
and individuals for various social functions. Hours of operation for live entertainment will
be 6:00 a.ill. to 12:00 a.ill. daily. All rentals shall be out of the facility by 12:00 a.m.
The applicant shall provide security personnel for rental of the facility when alcoholic
beverages are served and/or when the facility is rented to an entertainment promoter. The
applicant shall supply one security person for the first 75 patrons, a second for 75 to 180
patrons, and a third for over 180 patrons. Security personnel shall be in the form of a
uniformed guard. The guards uniform shall be consistent with the City of Campbell
Municipal Code 5.32.120. The guards must hold a valid California Department of
Consumer Affairs guard card and show proof that the security company employing
him/her is bonded. A representative of the hall will be at all rental functions requiring
security. Due to the large parking lot and remote location ofthe facility, security
personnel shall carry a cell phone.
Rentals wishing to sell alcohol must obtain the proper license from ABC.
On May 27,2003 the Planning Commission adopted Resolution No. 3499 approving a
Conditional Use Permit to allow an addition/remodel, late night hours and live
entertainment on the property located at 1344 Dell Avenue.
Live Entertainment Permit- Page 2
American Legion W est Valley Memory Post 99
1344 Dell Avenue
July 1,2003
There have been several calls for service associated with the above referenced property
over the past year. The most serious incident occurred on the night of November 3, 2002
when an unknown assailant fired six to eight shots in the hall. Documentation has shown
that when the proper security measures have been employed at this location the number of
incidents that require Police response have been dramatically reduced.
FISCAL IMPACT:
There are no costs anticipated due to the issuance of this permit. In the event that
significant costs are incurred through the Police service calls, additional conditions will be
considered or the revocation of the Live Entertainment Permit will be recommended.
The applicant will need to pay the fees for a live entertainment permit and City business
license before the permit is issued.
ALTERNATIVES:
1. Modify the Live Entertainment Permit to further restrict hours of operation. This is
not recommended, because there have been no complaints regarding the hours of
operation.
2. Prohibit any live entertainment and allow only Post Related functions. This is not
recommended at this time since this would valuable source of income form the Post.
Prepared by:
Arthur Markham
Serge nt
\ /
Approved by>;
Davi 0
Chief of Police
Approved b
Findings and Conditions for the Approval of a Live Entertainment Permit for
Charles A. Berls at the American Legion West Valley Post 99 at 1344 Dell Avenue
Findings for Approval of Permit:
With respect to the application of Charles A. Beds for a live entertainment permit for 1344 Dell
Avenue, the City Council of the City of Campbell finds as follows:
1. The site of the proposed live entertainment is a hall of American Legion West Valley
Post 99;
2. The applicant proposes to rent the facility out to live entertainment promoters, groups,
and individuals for various social functions;
3. Hours of operation for live entertainment will be 6:00 a.m. to 12:00 a.m. daily. All
rentals shall be out of the facility by 12:00 a.m.;
4. The maximum capacity of the venue is approximately 180 persons;
5. The facility is in remote location and has a large parking lot;
6. There have been several calls for service associated with the above referenced
property over the past year. The most serious incident occurred on the night of
November 3, 2002 when an unknown assailant fired six to eight shots in the hall; and
7. When the proper security measures similar to those contained to the conditions of
approval have been employed at this location the number of incidents that require
Police response have been dramatically reduced.
Based on the foregoing findings of fact, the City Council further finds and concludes that the
proposed application, subject to the conditions of approval set forth below, should not create a
public nuisance.
.Conditions of Approval:
The approval of the application shall be subject to the following conditions:
1. Applicant shall at all times abide by the terms and conditions of the conditional use
permit approved by the Planning Commission on May 27,2003 by Resolution 3499;
2. Hours of operation for live entertainment will be limited to 6:00 a.m. to 12:00 a.m.
daily, and all persons renting the facility for an event shall be out of the facility by
12:00 a.m.;
3. The applicant shall provide security personnel for rental of the facility when alcoholic
beverages are served and/or when the facility is rented to an entertainment promoter.
The applicant shall supply one security person for the first 75 patrons, a second for 75
to 180 patrons, and a third for over 180 patrons. Security personnel shall be in the
form of a uniformed guard. The guards uniform shall be consistent with the City of
Campbell Municipal Code 5.32.120. The guards must hold a valid California
Department of Consumer Affairs guard card and show proof that the security
company employing him/her is bonded;
4. A representative of the hall will be at all rental functions requiring security;
5. Due to the large parking lot and remote location of the facility, security personnel
shall carry a cell phone;
6. Rentals wishing to sell alcohol must obtain the proper license from ABC; and
7. The applicant and all events shall at all time comply with all applicable laws and
regulations, including but not limited to the ordinances of the City of Campbell.
County Government Center
70 West Hedding St,-eet, E. Wing, 1st Floor
San Jose, California 95110 (408) 299-5665
County of Santa Clara
Office of the County Clerk-Recorder
Business Division
ENVIRONMENTAL DECLARATION
For CLERK-RECORDER'S USE ONLY
POSTED ON.JUN 1 0 7.003 THROUGH JUL 10 Z003
IN THE OFFICE OF THE COUNTY CLERK-RECORDER
BRENDA DAVIS, COUNTY CLERK
BY - ...rZ , DEPUTY
FORCiNDOltSED
JUN 1 0 2003
BRENDA DAVIS, County ClerK.Recorder
Santa Clara County ty
By Depu
NAME OF LEAD AGENCY: CrT, OF- CA-lM.p6EL-L
NAME OF APPLICANT: AWI~12jCl\N l~ ION lAJ~6>'r
V A l..-/....E,\ VVt E:;..\M.DfZ-'l /=>0<::'1 Of I
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
FILE NO.
EI 090 6
1.
() NOTICE OF PREPARATION
~ NOTICE OF EXEMPTION
CA Dept. of Fish and Game
Receipt #
'7,--<7--7 ~)o
2.
3. NOTICE OF DETERMINATION
NEGATIVE DECLARATION PURSUANT TO PUBLIC RESOURCES CODE S 21080(C)
$1275.00 REQUIRED ($1250.00 STATE FILING FEE AND $25.00 COUNTY CLERK FEE)
CERTIFICATE OF EXEMPTION AND/OR DE MINIMUS IMPACT FINDING STATEMENT
ATTACHED
4. NOTICE OF DETERMINATION
ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE S 21152
$875.00 REQUIRED ($850.00 STATE FILING FEE AND $25.00 COUNTY CLERK FEE)
CERTIFICATE OF EXEMPTION AND/OR DE MINIMUS IMPACT FINDING STATEMENT
ATTACHED
5. Other:
NOTICE TO BE POSTED FOR
DAYS.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL ENVIRONMENTAL
DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING.
CHECKS SHOULD BE MADE PAYABLE TO : COUNTY CLERK-RECORDER.
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss
Acting County Executive: Peter Kutras. Jr.
Ol'~
...~. if
k ~
u ..
. .
.,....O.rH"..".I..:-
NOTICE OF EXEMPTION
To:
Office of Planning & Research
P.O. Box 3044
1400 Tenth Street, Room 222
Sacramento, CA 95812-3044
From: City of Campbell
70 N. First Street
Campbell, CA 95008
X County Clerk's Office
Santa Clara County
70 W. Hedding Street, East Wing
San Jose, CA 95110
(3 copies & cover sheet filled out by planner)
Project Title: PLN2003-33
Project Location - Specific: 1344 Dell A venue
Project Location - City: Campbell
Project Location - County: Santa Clara County
Description of Project: Use permit application to allow an addition/remodel and live entertainment to an existing
assembly hall.
Name of Public Agency Approving Project: City of Campbell
Name of Person or Agency Carrying Out Project: American Legion West Valley Memory Post 99
Exempt Status (check one)
o Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a);
o Emergency Project (Sec. 21080(b)(4); 15269(b)(c);
.
Categorical Exemption. State type and section number: Section 15301 Class 1 of the
California Environmental Quality Act (CEQA) pertaining to minor alterations to existing
private structures.
o Statutory Exemptions. State code number:
Reasons why project is exempt: construction of three single-story single-family residences in an urbanized area.
Lead Agency Contact Person: Melinda Denis Phone: (408) 866-2142
Signature~)},,~ I/-P.J fl ~ ~
. Signed by Lead Agency
o Signed by Applicant
Date: (p / s /03 Title:
.
"'PLA-f'--tN~ I
Date Received for filing at OPR:
6/5/03
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CITY OF CAMPBELL
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Community Development Department
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May 28, 2003
American Legion West Valley Memory Post 99
Attn: Chuck Beds
1344 Dell A venue
Campbell, CA 95008
Re: PLN2003-33- 1344 Dell A venue - Use Permit - American Legion
Dear Applicant:
Please be advised that at its meeting of May 27, 2003, the Planning Commission adopted
Resolution No. 3499 approving a Conditional Use Permit to allow an addition/remodel, late
night hours and live entertainment on the above referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, June 6, 2003. California Code of Civil Procedure, Section 1094.6, governs the
time within which judicial review of this decision must be sought.
Please note that you are required to process a Live Entertainment Permit through the Police
Department for final approval by the City Council.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~~:14 ~,
Planner I
Cc: Lynn Penoyer, Public Works
Frank Mills, Building
Chris Veargason, County Fire
Art Markham, Police
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.'2140 . FAX 408.871.5140 . TDIl 408.866.'2790
RESOLUTION NO. 3499
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-33) TO ALLOW AN ADDmONIREMODEL, LATE NIGHT
HOURS AND UVE ENTERTAINMENT ON PROPERTY OWNED BY
THE AMERICAN LEGION WEST V ALLEY MEMORY POST 99
LOCATED AT 1344 DELL A VENUE IN A C-M-2 (CONTROLLED
MANUFACTURING) ZONING DISTRICf. FILE NO. PLN2003-33.
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 PLN2003-33:
L The proposed addition/remodel and live entertainment is consistent with the Research and
Development General Plan land use designation and the C-M-S (Controlled Manufacturing)
Zoning District.
2. The proposed live entertainment is incidental to the primary function of the site as a meeting
hall.
3. The project site consists of a 50,936 square foot lot, developed with 5,368 square feet of
building coverage, 5,095 square feet of landscaping coverage, and 40,473 square feet of
paving coverage.
4. The proposed project, as conditioned, is compatible with the surrounding uses within the
neighborhood.
5. The existing 82 parking spaces will adequately address the parking needs of the subject site
and proposed uses.
6. The Police Department has no objections to the proposed project, as conditioned.
7. Business operational hours shall be restricted to 6:00 a.m. to 12:00 a.m. daily.
8. 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 and Zoning Ordinance.
Planning Commission Resolution No. 3499
PLN2003-33 -- 1344 Dell Avenue- Use Permit - American Legion
Page 2
2. 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. \
3. The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features 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 uses would generate.
5. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
6. 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.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (pLN2003-33) to allow an addition/remodel, late night hours and live entertainment
on property owned by the American Legion West Valley Memory Post 99 located at 1344 Dell
Campbell A venue, 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
Plannine Division:
1. Approved Proiect: Approval is granted for a Conditional Use Permit (pLN2003-33) to
allow an additiOn/remodel and live entertainment on property located at 1344 Dell
Avenue. Project approval shall substantially comply with project plans received by the Planning Division on April 30, 2003, except as may be modified by the conditions of
approval herein.
Planning Commission Resolution No. 3499
PLN2003-33 -- 1344 Dell Avenue- Use Permit - American Legion
Page 3
2. 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 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.
3. 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.
4. Building Elevations. Details and Colors: The applicant shall submit detailed building
elevations depicting architectural details and exterior materials and colors. The
elevations shall be reviewed and approved by the Community Development Director
prior to the issuance of a building permit.
5. Mechanical EauiDment: No new roof-mounted and/or ground level mechanical
equipment shall be located on or adjacent to the building without providing screening of
the mechanical equipment from public view. The applicant shall submit details regarding
the location and screening material for the mechanical equipment to the Planning
Division for review and approval by the Community Development Director prior to the
issuance of a building permit for such equipment.
6. Landsca?e and Irrigation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plans. Landscape and irrigation plans shall be consistent with the City's Water
Efficient Landscaping Standards (WElS). The plans shall be submitted to the Planning
Division for review and approval by the Community Development Director prior to the
issuance of a building permit.
7. Landscapine: Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
8. 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.
9. Trash and Recyclinll Enclosure: The applicant shall submit details regarding the design
and location of a trash and recycling enclosure to the Planning Division for review and
approval by the Community Development Director prior to the issuance of building
permits for the project. All refuse and recycling containers shall be located in an
enclosure constructed and consisting of a concrete floor at least six inches in depth,
surrounded by a six-foot high masonry wall and having a solid metal gate. The design of
the enclosure shall be compatible with the building. Driveways or aisles shall provide
unobstructed access for collection vehicles and personnel and provide at least the
minimum clearance required by the collection methods and vehicles utilized by the
designated collector. The wall, gate and surface inside the enclosure must be kept in
Planning Commission Resolution No. 3499
PLN2003-33 -- 1344 Dell Avenue- Use Permit - American Legion
Page 4
sound repair and condition. The refuse and recycling containers shall be kept in the
enclosure at all times except when being emptied by collection personnel.
10. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the restaurant (including the outdoor seating area) shall not be
audible to a person of normal hearing capacity from any residential property.
b. Noise Manae:ement: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the theater (including the outdoor seating area), the Community Development
Director may immediately modify the hours of operation, subject to the project being
brought back to the Planning Commission for review.
c. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
are allowed on the exterior of the building.
11. Operational Hours: The operational hours shall be limited to 6 a.m. to 12 a.m. daily.
12. Si211 Permit: No signage is permitted as part of the development application approved herein,
New signage shall not be installed prior to approval of a sign permit as required by Chapter
21.53 and Chapter 21.26 of the Campbell Municipal Code.
13. Parkin!! and Driveways:
a. All parking and driveway areas shall be developed in compliance with the approved plans
and Chapter 21.50 (parking and Loading) of the Campbell Municipal Code, subject to
review by the Community Development Director.
b. All parking areas shall be regularly swept and cleaned to remove litter and debris from
the parking areas and driveways.
c. The applicant shall indicate on the building plans that all compact parking stalls are
painted to identify them as compact spaces prior to the issuance of a building permit.
d. All parking located on the subject property shall be used solely for the business located
on site and shall not be leased or rented to any off-site businesses/uses.
14. On-Site Lil!htinl!: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorativecdesign to be compatible with the development and shall incorporate energy saving features.
Planning Commission Resolution No. 3499
PLN2003-33 -- 1344 Dell Avenue- Use Pennit - American Legion
Page 5
Buildine Division:
15. Pennits Required: A building pennit application shall be required for the proposed tenant
improvements to the existing structure. The building permit shall include Electricall
Plumbing! Mechanical fees when such work is part of the permit.
16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. X
36 in.
18. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building pennits shall be "wet
stamped" and signed by the qualifying professional person.
19. Site Plan: Application for building permit shall include a competent site plan that identifies
property lines and proposed structures with dimensions and elevations as appropriate. Site
plan shall also include site drainage details. Site address and parcel numbers shall also be
clearly called out. Site parking and path of travel to public sidewalks shall be detailed.
20. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
21. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with V.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
22. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24 in. X 36 in.) is available at the Building Division service counter.
23. Title 24 Accessibilitv - Commercial: On-site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
24. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption fonn on
submitted construction plans. Fonn is available at Building Division service counter.
Planning Commission Resolution No. 3499
PLN2oo3-33 -- 1344 Dell A venue- Use Permit - American Legion
Page 6
25. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
26. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District.
i. Campbell Union School District (378-3405)
ii. Campbell Union High school District (371-0960)
Hi. Moreland school District (874-2900)
iv. Cambrian School District (377-2103)
d. Santa Clara County Department of Environmental Health
PUBLIC WORKS DEPARTMENT
27. Proof of Ownership: Prior to any grading, drainage, or building permits for the site, the
applicant shall provide a current Preliminary Title Report. grant deed. or other satisfactory
proof of ownership.
28. Work in the Public Right-of-Way: Prior to doing any work in the public right-of-way, the
applicant shall obtain an encroachment. permit, provide plans, ay fees and deposits, post
security, and provide insurance.
29. Deferred Street Improvement Agreement: Prior to issuance of any grading, drainage, or
building permits for the site, the owner shall execute a deferred street improvement
agreement for construction of an ADA compliant driveway approach and conforms.
30. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
31. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
32. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets which have been resurfaced within
the previous five years will require boring and jacking for all new utility installations.
Planning Commission Resolution No. 3499
PLN2003-33 -- 1344 Dell A venue- Use Permit - American Legion
Page 7
Applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
33. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site.
the applicant shall conduct hydrology studies based on a ten-year stonn frequency, prepare
an engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10. 11. 18,33, and Appendix Chapter 33.
34. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $1,574.00.
35. Santa Clara Valley Water District (SCVWD): Prior to any issuance of any permits for
grading, landscaping, or building, the applicant shall obtain a clearance from the SCVWD.
36. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits. the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements, the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District requirements, and the City of Campbell Municipal Code regarding storm
water pollution prevention. The City will provide the applicant with information to assist in
complying with this condition of approval. The primary objective is to improve the quality
and reduce the quantity of storm water runoff to the Bay.
The City will provide the applicant with information to assist in complying with this
condition of approval. The primary objective is to improve the quality and reduce the
quantity of stonn water runoff to the Bay.
FIRE DEPARTMENT
37. Review of the Developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. Prior to
performing any work the applicant shall make application to, and receive from, the Building
department all applicable construction permits.
38. Required Fire Flow: The fire flow for this project is 2,000 gpm at 20 psi residual pressure.
The required fire flow is not* available from area water mains and fire hydrant(s) which are
spaced at the required spacing. (*)-Hyd.rants too far from site.
39. Private On-Site Fire Hvdrantls) Required: Provide 1 private on-site fire hydrant(s) installed
per NFPA Std. #24. at locations(s) to be determined by the Fire Department. Maximum
hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2.000 GPM at 20 psi
Planning Commission Resolution No. 3499
PLN2oo3-33 -- 1344 Dell Avenue- Use Permit - American Legion
Page 8
residual pressure. Prior to desi2ll. the proiect civil engineer shall meet with the fire
department water sup-plv officer to iointlv spot the reauired fire hydrant locations.
40. On-Site Private Fire Service Mains and/or Hvdrants: Installation of private fire service
mains and/or fire hydrants shall conform to National Fire Protection Association (NFPA)
Standard #24, and Fire Department Standard Details and Specification W-2. A Separate
installation permit from the fire department is required.
41. In addition to the on-site, private fire hydrant required in item #39 above, it is noted that
unless the required fire flow of 2,000 gpm at 20 psi residual pressure can be provided,
mitigation in the form of the installation of an approved, automatic fire sprinkler system shall
be mandated. It should be noted that the maximum flow delivery from a single flowing fire
hydrant is generally accepted to be 1,500 gpm.
42. Fire Department Kev Box Required: The building shall be equipped with a permanently
installed emergency access key lock box (Knox), conforming to Fire Department Standard
Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided
to the fire department.
43. To prevent plan review and inspection delays, the above noted Developmental Review
Conditions shall be restated as "notes" on all pending and future plan submittals.
POLICE DEPARTMENT
44. Hours of Operation - Rental of the Facilitv: Renters must be out of the facility by 12:00 a.m.
All activity must cease at the end of the operational hours, including building cleaning and
maintenance.
45. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment on site.
46. Securitv: The applicant shall provide security personnel for rental of the facility when
alcoholic beverages will be served andlor when the facility is rented to an entertainment
promoter with a minimum of one security personnel for the first 75 patrons and two security
personnel for 75 to 180 patrons. Security personnel shall be approved by the Police
Department and shall be bonded with a one million dollar insurance policy. Security
personnel shall be uniformed and trained and licensed consistent with the California
Department of Consumers Affairs Standards.
Planning Commission Resolution No. 3499
PLN2003-33 -- 1344 Dell A venue- Use Permit - American Legion
Page 9
PASSED AND ADOPTED this 27th day of May, 2003, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
AITEST:
~~
,
Sharon Fierro, Secretary
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ITEM NO.5
STAFF REPORT - PLANNING COMMISSION MEETING OF
MAY 27, 2003
PLN2003-33
American Legion
West Valley
Memory Post 99
Public Hearing to consider the application of American Legion West Valley
Memory Post 99 for a Conditional Use Permit (PLN2003-33) to allow an
addition/remodel and live entertainment on property owned by the
American Legion West Valley Memory Post 99, located at 1344 Dell
Campbell Avenue in the C-M-S (Controlled Manufacturing) Zoning
District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to
allow an addition/remodel and live entertainment, subject to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to
minor alterations to existing private structures.
PROJECT DATA
Net Lot Area:
Gross Lot Area:
50,936 sq. ft.
51,761 sq. ft.
(1.17 acres)
(1.19 acres)
Total Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
5,368 sq. ft.
5,095 sq. ft.
40,473 sq. ft.
(11 %)
(10%)
(79% )
Total Building Area:
Main Hall:
Lounge:
Service Area:
Deck Area:
5,708 sq. ft.
1,798 sq. ft.
1,173 sq. ft.
2,137 sq. ft.
600 sq. ft.
Parking:
82 spaces (57 standard, 20 compact, 5 handicapped)
Parking Ratio:
Provided: 1 parking space170 square feet of building area
Required: 1 parking space/200 square feet of building area
Operational Hours:
Member Events:
Facility Rental:
6:00 a.m. to 12:00 a.m. daily
6:00 a.m. to 12:00 a.m. daily
Staff Report - Planning ComHlission Meeting of May 27, 2003
PLN2003-33 - 1344 Dell Avenue
Page 2 of 4
Surrounding Uses:
North:
South:
East:
West:
Industrial
Industrial
Park/Open Space
Industrial
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
an addition/remodel and live entertainment on property located at 1344 Dell Avenue.
Background: The subject property is currently developed with a single-story meeting hall that
was relocated to the site in the early 1950's. The building has been used as a meeting hall for the
American Legion since its relocation.
The project site is a flag lot located on the east side of Dell A venue south of its intersection with
East Hacienda Avenue. The project site is surrounded by industrial uses on the north, south, and
west sides and the Los Gatos Creek County Park to the east.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Research
and Development. This designation accommodates campus-like environments for corporate
headquarters, research and development facilities and offices. The proposed meeting hall use is
consistent with this land use designation.
The proposed project complies with the following General Plan policies and strategies:
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative
design and site planning that is compatible with surrounding development, public
spaces and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high
quality building materials on all buildings to ensure the long-term quality of the
built environment.
Strategy LUT -10.1: Landscaping: Encourage the retention and planting of
landscaping to enhance the natural and built environment.
Zoning Designation: The zoning designation for the project site is C-M-S (Controlled
Manufacturing). Private clubs may be allowed in any zoning district subject to approval of a
Conditional Use Permit. The proposed project will be consistent with the Zoning Ordinance
with approval of a Conditional Use Permit.
Architecture: The fa~ades of the existing building will be significantly remodeled with this
project. The northern elevation will be improved with a new enhanced entrance and the southern
elevation with a new deck and trellis. A fascia board will be added to the existing rafters and an
architectural trim feature will be added to the building at mid-wall height. All facades will be
improved with new windows and window trim.
Staff Report - Planning ComJnission Meeting of May 27, 2003
PLN2003-33 - 1344 Dell Avenue
Page 3 of 4
Parking:, Drivewavs and Trash Enclosure: The existing site currently has 83 parking spaces and
the proposed project will not change the number of parking spaces. The parking layout will be
slightly modified to accommodate new handicapped parking spaces, new compact parking
spaces and five new tree wells in the parking lot.
The proposed trash enclosure will be located on the western property line at the rear of the
property and will be finished with stucco and painted to match the building.
Landscaping: The applicant is proposing on-site landscaping improvements as part of the
project. The proposed on-site landscaping consists of:
· New landscape planter along the northern property line between the existing parking lot
and the adjacent property;
· New landscape planter along the western property line between the existing parking lot
and the adjacent property;
· New landscape planter along the southern property line between the existing building and
adjacent property;
· New landscape planter along a portion of the eastern property line between the existing
building and adjacent property;
· Five new tree wells in the parking lot to accommodate the relocation of existing
memorial trees, and;
· Multiple new planter beds and lawn around the existing building.
Staff is recommending a condition of approval requiring the submittal of a landscape and
irrigation plan for review and approval by the Community Development Director prior to the
issuance of building permits.
Operational Hours: Operational hours for American Legion events and rental of the facility are
limited to 6:00 a.m. to 12:00 a.m. daily. All activity related to rental of the facility must cease at
the end of the operational hours, including building cleaning and maintenance. The building
shall not be occupied except during approved operational hours.
A condition of approval has been added that provides for review of the Conditional Use Permit,
upon receipt of verified complaints, by the Planning Commission. If staff is unable to
immediately resolve the matter with the business owner, the Community Development Director
may immediately modify the hours of operation and/or limit the live entertainment, subject to an
appeal to the Planning Commission by the business owner.
Live Entertainment Permit: The applicant is requesting approval to allow live entertainment in
conjunction with the existing meeting hall. Staff is supportive of the applicant's request and
considers the proposed live entertainment incidental to the primary meeting hall use.
Furthermore, staff does not anticipate that the live entertainment will create a nuisance relative to
noise given that the meeting hall is located approximately over 1,000 feet from the closest
residence on Walnut Drive. As an added measure, staff has added a condition of approval
requiring that no noise from the meeting hall be audible from any of the nearby properties
Staff Report - Planning Comlflission Meeting of May 27, 2003
PLN2003-33 - 1344 Dell Avenue
Page 4 of 4
Police Department Review: The Campbell Police Department has reviewed the application and
has recommended conditions of approval in regards to the addition of live entertainment. The
recommended Conditions of Approval require that the applicant process a Live Entertainment
Permit with the Police Department consistent with section 5.24.010 of the Campbell Municipal
Code and that the applicant provide appropriate security and supervision of the requested events.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of April 29, 2003 and was supportive of the proposed
plans as presented.
Attachments:
1. Findings for Approval of File No. PLN2003-33
2. Conditions of Approval for File No. PLN2003-33
3. Letter of Description from American Legion Hall
4. Exhibits (Site Plan, Floor Plan and Elevations)
5. Location Map
Prepared by:
L/!6itl/dtlw~~
Melinda Denis, Planner I
Approved by:
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN2003-33
SITE ADDRESS:
APPLICANT:
P.c. MEETING:
1344 Dell A venue
American Legion West Valley Memory Post 99
May 27, 2003
Findings for approval of a Conditional Use Permit to allow an addition/remodel and live
entertainment at 276 E. Campbell A venue.
The Planning Commission finds as follows with regard to project number PLN2003-33:
1. The proposed addition/remodel and live entertainment is consistent with the Research and
Development General Plan land use designation and the C-M-S (Controlled Manufacturing)
Zoning District.
2. The proposed live entertainment is incidental to the primary function of the site as a meeting
hall.
3. The project site consists of a 50,936 square foot lot, developed with 5,368 square feet of
building coverage, 5,095 square feet of landscaping coverage, and 40,473 square feet of
pavmg coverage.
4. The proposed project, as conditioned, is compatible with the surrounding uses within the
neighborhood.
5. The existing 82 parking spaces will adequately address the parking needs of the subject site
and proposed uses.
6. The Police Department has no objections to the proposed project, as conditioned.
7. Business operational hours shall be restricted to 6:00 a.m. to 12:00 a.m. daily.
8. 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 and Zoning Ordinance.
2. 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.
Attachment # 1
Page 2 of 2
3. The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features 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 uses would generate.
5. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
6. 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.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2003-33
SITE ADDRESS:
APPLICANT:
P.e. MEETING:
1344 Dell Avenue
American Legion West Valley Memory Post 99
May 27, 2003
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, 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
Plannin2: Division:
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2003-33) to allow
an addition/remodel and live entertainment on property located at 1344 Dell Avenue. Project
approval shall substantially comply with project plans received by the Planning Division on
April 30, 2003, except as may be modified by the conditions of approval herein.
2. 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 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.
3. 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.
4. Building Elevations. Details and Colors: The applicant shall submit detailed building
elevations depicting architectural details and exterior materials and colors. The elevations
shall be reviewed and approved by the Community Development Director prior to the issuance
of a building permit.
5. Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment
shall be located on or adjacent to the building without providing screening of the mechanical
equipment from public view. The applicant shall submit details regarding the location and
screening material for the mechanical equipment to the Planning Division for review and
approval by the Community Development Director prior to the issuance of a building permit
for such equipment.
6. Landscape and Irrigation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plans. Landscape and irrigation plans shall be consistent with the City's Water
Attachment #2
Page 2 of 6
Efficient Landscaping Standards (WELS). The plans shall be submitted to the Planning
Division for review and approval by the Community Development Director prior to the
issuance of a building permit.
7. Landscaping Maintenance: The owner/operator of the property shall provide on-gomg
maintenance of the required landscaping for the project.
8. 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.
9. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure to the Planning Division for review and approval by
the Community Development Director prior to the issuance of building permits for the project.
All refuse and recycling containers shall be located in an enclosure constructed and consisting
of a concrete floor at least six inches in depth, surrounded by a six-foot high masonry wall and
having a solid metal gate. The design of the enclosure shall be compatible with the building.
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel
and provide at least the minimum clearance required by the collection methods and vehicles
utilized by the designated collector. The wall, gate and surface inside the enclosure must be
kept in sound repair and condition. The refuse and recycling containers shall be kept in the
enclosure at all times except when being emptied by collection personnel.
10. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the restaurant (including the outdoor seating area) shall not be
audible to a person of normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the theater (including the outdoor seating area), the Community Development
Director may immediately modify the hours of operation, subject to the project being
brought back to the Planning Commission for review.
c. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
are allowed on the exterior of the building.
11. Operational Hours: The operational hours shall be limited to 6 a.m. to 12 a.m. daily.
12. Sign Permit: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit as required by Chapter
21.53 and Chapter 21.26 of the Campbell Municipal Code.
Attachment #2
Page 3 of 6
13. Parking and Drivewavs:
a. All parking and driveway areas shall be developed in compliance with the approved plans
and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code, subject to
review by the Community Development Director.
b. All parking areas shall be regularly swept and cleaned to remove litter and debris from the
parking areas and driveways.
c. The applicant shall indicate on the building plans that all compact parking stalls are
painted to identify them as compact spaces prior to the issuance of a building permit.
d. All parking located on the subject property shall be used solely for the business located on
site and shall not be leased or rented to any off-site businesses/uses.
14. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
Buildin2 Division:
15. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the existing structure. The building permit shall include Electrical!
Plumbing! Mechanical fees when such work is part of the permit.
16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. X
36 in.
18. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
19. Site Plan: Application for building permit shall include a competent site plan that identifies
property lines and proposed structures with dimensions and elevations as appropriate. Site
plan shall also include site drainage details. Site address and parcel numbers shall also be
clearly called out. Site parking and path of travel to public sidewalks shall be detailed.
20. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be
blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for
conditioning of the building envelope and lighting of the building.
21. Special Inspections: When a special inspection is required by V.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
Attachment #2
Page 4 of 6
the Building Official for approval prior to issuance of the building permits, in accordance with
UB.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the
Building Inspection Division Counter.
22. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24 in. X 36 in.) is available at the Building Division service counter.
23. Title 24 Accessibility - Commercial: On-site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
24. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption
clause shall blue-line completed, City of Campbell "20%" exemption form on submitted
construction plans. Form is available at Building Division service counter.
25. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval
process. Service installations, changes and/or relocations may require substantial scheduling
time and can cause significant delays in the approval process. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
26. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District.
i. Campbell Union School District (378-3405)
ii. Campbell Union High school District (371-0960)
iii. Moreland school District (874-2900)
iv. Cambrian School District (377-2103)
d. Santa Clara County Department of Environmental Health
PUBLIC WORKS DEPARTMENT
27. Proof of Ownership: Prior to any grading, drainage, or building permits for the site, the
applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory
proof of ownership.
28. Work in the Public Right-of-Wav: Prior to doing any work in the public right-of-way, the
applicant shall obtain an encroachment, permit, provide plans, ay fees and deposits, post
security, and provide insurance.
29. Deferred Street Improvement Agreement: Prior to issuance of any grading, drainage, or
building permits for the site, the owner shall execute a deferred street improvement agreement
for construction of an ADA compliant driveway approach and conforms.
Attachment #2
Page 5 of 6
30. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
31. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
compames.
32. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets which have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
33. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
34. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $1,574.00.
35. Santa Clara Valley Water District (SCVWD): Prior to any issuance of any permits for
grading, landscaping, or building, the applicant shall obtain a clearance from the SCVWD.
36. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination System
(NPDES) permitting requirements, the California Storm Water Best Management Practices
Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water
District requirements, and the City of Campbell Municipal Code regarding storm water
pollution prevention. The City will provide the applicant with information to assist in
complying with this condition of approval. The primary objective is to improve the quality
and reduce the quantity of storm water runoff to the Bay.
The City will provide the applicant with information to assist in complying with this condition
of approval. The primary objective is to improve the quality and reduce the quantity of storm
water runoff to the Bay.
FIRE DEPARTMENT
37. Review of the Developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. Prior to
performing any work the applicant shall make application to, and receive from, the Building
department all applicable construction permits.
Attachment #2
Page 6 of 6
38. Required Fire Flow: The fire flow for this project is 2,000 gpm at 20 psi residual pressure.
The required fire flow is not* available from area water mains and fire hydrant(s) which are
spaced at the required spacing. (*)-Hydrants too far from site.
39. Private On-Site Fire Hydrant(s) Required: Provide 1 private on-site fire hydrant(s) installed
per NFPA Std. #24, at locations(s) to be determined by the Fire Department. Maximum
hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2,000 GPM at 20 psi
residual pressure. Prior to design. the proiect civil engineer shall meet with the fire
department water supply officer to iointly spot the required fire hydrant locations.
40. On-Site Private Fire Service Mains and/or Hydrants: Installation of private fire service mains
and/or fire hydrants shall conform to National Fire Protection Association (NFPA) Standard
#24, and Fire Department Standard Details and Specification W -2. A Separate installation
permit from the fire department is required.
41. In addition to the on-site, private fire hydrant required in item #39 above, it is noted that
unless the required fire flow of 2,000 gpm at 20 psi residual pressure can be provided,
mitigation in the form of the installation of an approved, automatic fire sprinkler system shall
be mandated. It should be noted that the maximum flow delivery from a single flowing fire
hydrant is generally accepted to be 1,500 gpm.
42. Fire Department Key Box Required: The building shall be equipped with a permanently
installed emergency access key lock box (Knox), conforming to Fire Department Standard
Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided
to the fire department.
43. To prevent plan review and inspection delays, the above noted Developmental Review
Conditions shall be restated as "notes" on all pending and future plan submittals.
POLICE DEPARTMENT
44. Hours of Operation - Rental of the Facility: Renters must be out of the facility by 12:00 a.m.
All activity must cease at the end of the operational hours, including building cleaning and
maintenance.
45. Live Entertainment Permit: The applicant shall process a Live Entertainment Permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment on site.
46. Security: The applicant shall provide security personnel for rental of the facility when
alcoholic beverages will be served and/or when the facility is rented to an entertainment
promoter with a minimum of one security personnel for the first 75 patrons and two security
personnel for 75 to 180 patrons. Security personnel shall be approved by the Police
Department and shall be bonded with a one million dollar insurance policy. Security
personnel shall be uniformed and trained and licensed consistent with the California
Department of Consumers Affairs Standards.
Apr 07 03 12:37p
CHUCK AND PAT STOHR
408-225-2725
Attachment #3
April 7, 2003
To: The Planning Department and Police Department,City of
Campbell
From: \Vest Valley Memory Post 99.The American Legion
Subject: Planned times of use, and types of renters to be renting
our hall.
It is OUlT' intention to rent our hall from 8:00AM to 12:00AM
365days a year. Except when we will be using it for our own
Americ;an Legion functions.If anyone wishes to use the hall after
mid-night we will refer them to the Campbell Police Department
for prelnission.
The types ofrente~ we will be renting to:
Wedding Receptions
Birthday and Anniversary Parties
Civic and Business Meetings
Veterans Groups Meetings
Square Dance Groups
Graduation Parties
We win only be renting to the type of clientel that are appropriate
to the City of Campbell and its citizens.
Respectfully Submitted,
f1'~_1J. G.~
~. Stohr-President
West Valley Memory Post 99
Building Company,Inc.
RECEIVED
APR 09 2003
CITY OF CAMPBELL
PLANNING DEPT.
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CITY OF CAMPBELL
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Community Development Department
May 16, 2003
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, May 27, 2003, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
American Legion West Valley Memory Post 99 for a Conditional Use Permit (PLN2003-33) to
allow an addition/remodel, late night hours and live entertainment on property owned by the
American Legion West Valley Memory Post 99 located at 1344 Dell Avenue in a C-M-S
(Controlled Manufacturing) Zoning District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2003-33
Address: 1344 Dell A venue
70 North First Street. Campbell, California 95008-1436 TFL 408.866.2140 . FAX 408.871.5140 . IIlIl 408.866.2790
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Re: PLN2003-33 - 1344 Dell Avenue - Use Permit
American Legion West Valley Memory Post 99
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meetings:
Site and Architectural Review Committee Meeting
Date: Tuesday, May 13, 2003
Time: 7:00 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, May 27,2003
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
L/1te(Uf{! ~j
Melinda Denis
Planner I
cc: American Legion West Valley Memory Post 99 (Applicant/Owner)
Attn: Chuck Berls
1344 Dell Avenue
Campbell, CA 95008
70 North First Street Camphel1,California95008-1436. TEL 408.866.2140 . FAX408.871.5140. TUD408.866.2790
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April 24, 2003
Mr. Chuck Beds, Post Commander
American Legion West Valley Memory Post 99
1344 Dell A venue
Campbell, CA 95008
Re: Conditional Use Permit
File No.: PLN 2003-33
1344 Dell A venue
Dear Mr. Beds:
The Planning Division has reviewed the above referenced application for a Conditional Use
Permit to allow live entertainment, late night hours, and an addition to an existing meeting hall
at 1344 Dell A venue. The granting of a Conditional Use Permit will require approval by the
Planning Commission and will be decided upon at a public hearing.
Based upon this review and the submittal requirements, your application has been deemed
incomplete. The following additional information and details are needed in order to deem your
application complete and schedule it for the next available Planning Commission hearing:
1. Site Plan: The following items need to be provided on the site plan:
a. Landscaping - Provide a minimum of ten percent landscaping on the site
including canopy trees in the parking lot. Please show existing trees with a
trunk diameter larger than twelve inches to be removed/retained. Indicate the
trunk diameter and tree type. Please consider having a landscape architect or
qualified landscape designer draw up a landscape plan as this is an important
component of the project.
b. Trash Enclosure - Location and dimension of the existing or proposed trash
enclosure.
c. It appears from the photographs that you submitted with the application that a
large deck has been constructed at the rear of the building. Please indicate the
location of the deck on the Site Plan. The minimum required rear setback in
the C-M Zoning District for any structure is 10' -0", including decks over 18"
above grade.
70 North First Street Campbell, California 95008-1436 TEl. 408.866.2140 . FAX 408.871.5140 . TDIl 408.866.2790
1344 Dell Avenue - PLN20L 33
Parte 20(2
d. Accurate property dimensions - The south side property dimension is 210.34'
and not 223.55'. The access driveway is 25' and not 20.37'. (see enclosed
parcel map)
e. Revise the "Project Summary" on sheet A-I to reflect the correct Total Parcel
Area, which is 50,936 square feet.
2. Floor Plan: The following items need to be provided on the floor plan:
a. Please delineate on the floor plan where the live entertainment takes place and
the square footage of and type of seating proposed in the audience areas.
3. Occupancy: An area usage and occupancy calculation needs to be prepared by a
licensed architect.
Please do not hesitate to contact me at (408) 866-2142, if you wish to discuss these items or need
any clarification regarding the requested information.
Sincerely,
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Melinda Denis .
Planner I
end: Police Department Concerns, 4/2312003
cc: Geoff Bradley, Senior Planner
Koch Construction, 90 Railway Avenue, Campbell, CA 95008
MEMORANDUM
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To:
Melinda Denis Date: April 23, 2003
Planner I
From:
Russ Patterson
Captain, Field S vices Division
Subject: American Legion Hall Use Permit - Police Department Concerns
Based on issues raised over the Police Department's response to calls for service at the American Legion
Hall, it is our recommendation that the following be included in their Use Permit:
1. Hours of Operation - Rental of the facility. Renters must be out of the facility by 12:00 midnight.
This would also include cleanup time. There will be no exceptions.
2. Hours of Operation - American Legion member event. No time limit. However, alcoholic beverage
service must be discontinued at 2:00 a.m. based on ABC laws.
3. Security - Rental of the facility when alcoholic beverages will be served and/or when the facility is
rented to an entertainment promoter. Must have Security Guards that meet State of California
(Department of Consumer Affairs) requirements on uniforms and training. For events from 1 to 150
people, I (one) Security Guard would be required. For events from 151 to 300 people, 2 (two)
Security Guards would be required. At least one Security Guard must have a cellular telephone
capable of contacting the Campbell Police Department Communications Center in the event that
police officers are required to respond.
4. Alcoholic Beverage Control (ABC) License requirement. The American Legion must obtain an ABC
license to cover alcoholic beverage service during rental of the facility. The current Type 52 would
not allow the American Legion to be in compliance with their intended use of the facility.
5. Live Entertainment Permit. Required, since it is believed that the American Legion Hall would be
rented for events that would include live entertainment as defined in the Campbell Municipal Code.
Please let me know if you have any questions or comments.
City of Campbell ~ 70 North First Street ~Campbell ~ CA ~ 95008 ~ Phone (408) 866-2100
AMERICAN LEGION MEMORY POST
1344 DELL AVE.
CAMPBELL CA. 95008
Site & Architeclural Re\ie\l
Ref item I-J. page 1
Current proJect site
rhe site flat area of appro:\imateh 50.<J,(, sqft 105ft by n,ft \\ ith an entrance dri\e arca15ft b\
appro"imately,OOft long that reaches Dell A\e. . The property has commcrcial buildings located 011 three
sides and on the back side It has 105.27 ft of frontage on the water treatment pond The ~lrea is primarih
asphalt \\ith three small trees and a small grass area
rhe e:\isting building is a \\ood frallle structure that \\as 111m cd to this location decadcs ~Igo. prior to the
e:\lstence of the pecnlation pond The structure is cnrrentl\ -J..2M\ sqft . \\ hich senes as tlte general
meeting hall for the American Legion. The facility has, bathrooms non of \\ hich comph \I ith the
Amencan Disabilities Act. There is a small antiquated kitchen area t\lO small meeting rooms and the
Bar area The bu1lding currenth has two handicap ramps and one small entrance \\ith steps. The general
cOllclttion of tlte building is functional and in need of moderni/ing
RECEIVED
APR 3 0 2003
crrv OF CAMP dELL
PLANNING DEPT.
AMERICAN LEGION MEMORY POST
1344 DELL AVE.
CAMPBELL CA. 95008
Sile & Architeclur:lI Re\le\\
Ref itelll 15 page _,
Surrounding properties. setbacks. land use
The property located to the North is large commercial building separated \\1Ih :1 line ofshrubben this
proper1\ is apprw\imateh I XO ft across andle<l\es the 25 ft access dri\e to the building site
The propert~ located to the East IS anolher commercial building this propert\ is separaled b\ a SIl1:i11
block feuce Ihat runs the lenglh of the property from Dell A\e. to the PercolatIon pond.
The property located to 1he West is :lI1other cOllllllercial building separated 1)\ a concrete fence mnning
the entire 22~ n of property line
The land use to the South is the \\ater reclamation pond. This pond runs more than the 205 ft of property
11l1e.
The e\isting building has set back at the South end of 17 n from the \\alking lrail ad.FlCenl 10 the
pond. the setback 10 the East is'() f1 to the propert\ line. The set back to the West is ()O n frolll the
property line The setback to the proper1y located at the Nortl1\\est end of this plol is 1.1-.1- n
The e\lsting buildi ng occupies .1-.2(,X sq ft of the:) U(d sq n of land. \\ith the addi! ion of X.1-0 sq n the
building required for the renO\ation and imprO\ement of this propert~ it \\Olile! still be less than 10",,, of
the lotalland area
rhe imprmements oftlllS building docs not effect the height oflhe structure or the \\idth \\e arc adding
1.1- n b\ (,n n addition to the Nortl1\\est side of the structure. \\ith a cmered entrance and ne\\ haudlcap
access ramps
The rcnm atlon of this build1l1g largcl~ consists of bringing the building ill to health. s:1Ic1\ :1I1d ellerg~
compliance b\ installing ne\\ A.D./\ bathrooms. modern \\indm\s and doors. ne\\ handicap ramps for s:lfc
egress .a lIe\\ modern kitchen. a complete energy efficient heating and air condilioning s~ stem. a
moderni/ed code compliaut electrical senlce and a fire suppression system. A ne\\ class i\ roof co' ering
l1e\\ stucco \\ indo\\ surrounds and resurfacing the main hall oak \\ood 0001'
RECEIV~'
APR 3 0 2003
CITY OF CAl\liI". '_L..L
PlANNING DEPT.
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70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
Site and Architectural Review Committee
Date: May 13, 2003
From: Melinda Denis, Planner ~
Subject: PLN 2003-33 - 1344 Dell Avenue (American Legion Hall)
Proposal
The applicant is requesting approval of a Conditional Use Permit to allow live entertainment, late night
hours and the remodel/addition of an existing building at 1344 Dell Avenue. The application before
you this evening is in regards to the remodel/addition to the existing building. The project site is on
Dell A venue just south of its intersection with East Hacienda A venue A venue. The proposed project is
surrounded by industrial uses to the north, south and east and the Los Gatos Creek County Park to the
west. The subject property is currently developed with a 4,268 square foot building.
Zonin2lGeneral Plan
The project site is located in a C-M-S (Controlled Manufacturing) Zoning District. The General Plan
designation is Research and Development. The proposed project is permitted in any zoning district
subject to approval of a Conditional Use Permit.
Site Lavout and Architecture:
Net Lot Area: 50,936 sq. ft.
Total Building Area
Existing:
Proposed Change:
Total
4,268 sq. ft.
840 sq. ft.
5,108 sq. ft.
Proposed Lot Coverage:
10%
Parking:
Required:
Provided:
25.54 spaces (Private Club: 1 space per 200 square feet)
83 spaces (5 disabled, 78 regular)
Staff Analvsis: The applicant met with staff to address concerns about the minimum required
landscaping. The applicant has modified the plans to meet the 10% minimum landscaping
requirement.
Attachment: site plan, floor plan and elevations.
STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
ALCOHOLIC BEVERAGE LICENSE
VETERANS CLUB
VALID FROM
WEST VALLEY MEMORY POST 99 AMERICAN LEGION BUIL~~P!~y
DBA:AMERICAN LEGION POST 99 SEP 30,2003
1344 DELL AVE
CAMPBELL,CA 95008
OCT 01,2002
TYPE NUMBER DUP
52-376612
4302-25
AREA CODE
RENE,WAL
BUSINESS ADDRESS
(IF DIFFERENT)
OWNERS:
WEST VALLEY MEMORY POST 99 AMERICAN LEG!
CONDITIONS
STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
ALCOHOLIC BEVERAGE LICENSE
CATERER PERMIT
VALID FROM
WEST VALLEY MEMORY POST 99 AMERICAN LEGION BUIL~Y
DBA:AMERICAN LEGION POST 99 SEP 30.2003
1344 DELL AVE
CAMPBELL,CA 95008
OCT 01,2002
TYPE NUMBER DUP
58-376612 -1
4302-25
RENEWAL
AREA CODE
BUSINESS ADDRESS
(IF DIFFERENT)
OWNERS:
WEST VALLEY MEMORY POST 99 AMERICAN LEGI
CONDITIONS
MEMORANDUM
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To:
Melinda Denis
Planner I
Date: April 23, 2003
I~rom: Russ Patterson
Captain, Field S vices Division
Subject: American Legion Hall Use Permit - Police Department Concerns
Based on issues raised over the Police Department's response to calls for service at the American Legion
Hall, it is our recommendation that the following be included in their Use Permit:
1. Hours of Operation - Rental of the facility. Renters must be out of the facility by 12:00 midnight.
This would also include cleanup time. There will be no exceptions.
2. Hours of Operation - American Legion member event. No time limit. However, alcoholic beverage
service must be discontinued at 2:00 a.m. based on ABC laws.
3. Security - Rental of the facilitv when alcoholic beverages will be served and/or when the facility is
rented to an entertainment promoter. Must have Security Guards that meet State of California
(Department of Consumer Affairs) requirements on uniforms and training. For events from I to 150
people, I (one) Security Guard would be required. For events from 151 to 300 people, 2 (two)
Security Guards would be required. At least one Security Guard must have a cellular telephone
capable of contacting the Campbell Police Department Communications Center in the event that
police officers are required to respond.
4. Alcoholic Beverage Control (ABC) License requirement. The American Legion must obtain an ABC
license to cover alcoholic beverage service during rental of the facility. The current Type 52 would
not allow the American Legion to be in compliance with their intended use of the facility.
5. Live Entertainment Permit. Required, since it is believed that the American Legion Hall would be
rented for events that would include live entertainment as defined in the Campbell Municipal Code.
Please let me know if you have any questions or comments.
Citv of Campbell. 70 North First Street .Campbell . CA . 95008 . Phone (408) 866-2100
AMERICAN LEGION MEMORY POST
1344 DELL AVE.
CAMPBELL CA. 95008
Site & Architectural Re\ie\\
Ref .item 15 page 2
Surrounding properties. setbacks. land use
The propert\ located 10 the North is large commercial building separated \\ith a line of shrubber~ Ihis
property is appro\imately ISO ft across and Iea\es the 20 ft access dri\e to the building sileo
The propert~ located to the East is another commercial building lhis property is separated by a small
block fence that runs the length of the properly from Dell A \e. to the Percolation pond.
The propert~ located to the West is another commercial building separated b~ a concrete fence running
the entire 22~ ft of property line
The land use 10 the South is the \\ater reclamation pond. This pond runs more than the 205 ft of propert~
line
The e\isting building has set back at the South end of 17 ft from the \\alking trail adjacent to the
poneL the setback to the East is ~() ft to the property line. The set back to the \Vest is 90 ft from the
property line The setback to the property located at the Northwest end of this plot is l-l-l ft.
The e\isting building occupies -l.26S sC] ft of the 5 U(JI sC] ft of land. \\ilh the addition of S-lO sC] ftthe
building required for lhe renmation and imprmement of this propert~ it \\ould still be less than I()% of
the total land area
The impro\'ements of this building docs not effect the height of the structure or the \\idth \\e arc adding
l-l n b\ ()O ft addition to the Nortlmest side of the structure. with a co\ered enlrance and new handicap
,lccess ramps.
The renmation of this building largely consists of bringing the building in to health. safety and energ~
compliance by installing ne\\ A.D.A bathrooms. modern windo\\s and doors. ne\\ handicap ramps for safe
egress .a new modern kitchen. a complete energy efficient heating and air conditioning system. a
moderni/ed code compliant electrical ser\ice and a fire suppression system. A ne\\ class A roof co\ering
ne\\ stucco \\indo\\ surrounds and resurfacing the main hall oak \\ood floor
KOCH CONSTRUCTION
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Date February 8, 2002
American Legion Hall post 99
1344 Dell Ave
Campbell, Ca. 95008
Building Committee
Charles B. Stohr
Mr. Stohr based on the preliminary estimate provided by Koch Construction we
will enter in to contract to provide a working set of plans for your remodel project - The
estimated cost of drawings is $13,500.00 this should cover any minor engineering costs,
however as we all know the City of Campbell will determine to what extent they want
Engineering details. The application for a use permit was quoted at $1700.00 and the
pennit to build was estimated at around $4000.00.
Koch Construction will endeavor to keep all costs to minimal and provide the
receipts for these expenses to the Building committee. The estimated time for complete set
of drawings is 45 to 60 days, once the plans are approved by your committee we will
submit them to the City of Campbell . The City has indicated that they are running about 4
months to approve plans. These completed plans can then be submitted to any contractor
for an estimate of actual costs.
Koch Construction will hire a ;licensed Architect to complete these drawings
and act as the liaison between the various Building depts. and the Architect and your
Building Committee. Koch Construction will charge a consultation fee of$125.00 per
hour for these services. Should Koch construction win the bid for construction these
charges will be deducted from the estimate as supervisor costs.
It is our clear understanding that every effort shall be made during
construction that the facility should remain open and useable.
Your checks in the amount of $4000.00 and $1000.00 will be used to start
the drawings A fund request will be submitted with a detailed expense statement. The fund
request will need to be paid within 3 business day to facilitate the progress of your project,
if these condition are acceptable we will prepare a contract for your signature.
Dennis Roberts Koch Construction
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Police Department
November 7,2002
Mr. Charles A. Berls, Commander
American Legion Post 99
5122 Carter Avenue
San Jose. CA 95118
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Dear Mr. Berls:
As you are aware from our conversations regarding the violence associated with the rental of the
American Legion Hall for parties and dances, the City of Campbell has been considering an
ordinance that would prohibit these activities at venues such as yours past the hour of 11 :00 pm.
After a thorough review of the Campbell Municipal Code, the City Attorney, in conjunction with
the City Manager and Police Chief, have determined that events, such as the parties and dances
that we have been discussing, are already in violation of an existing ordinance.
Section 5.24.010, subsection (a), requires businesses, such as nightclubs and restaurants, to have
a live entertainment permit enabling them to bring in outside performers. This section pertains to
the American Legion Hall as an "other public place."
Section 5.24.010, subsection (b), lists the types of activities that are deemed to be live
entertainment. Though disk jockeys (DJ s) are not listed in the section, the City Attorney has
interpreted that portions of their performances may fall into the activities noted in the section.
Section 5.24.010, subsection (c) (1), lists events and locations that are exempt from this section.
Although lodges and private clubs are listed as an exempted location, this pertains only to
specific entertainment sponsored by the organization itself. The rental of your hall for live
performances requires a live entertainment permit.
Section 5.24.020 prohibits live entertainment, such as parties and dances, between the hours of
2:00 am to 6:00 am.
Based on this, you are to immediately cease all outside parties and dances where live
entertainment is used. In order to continue the renting of your hall for these types of events, you
must apply for a live entertainment permit through the Campbell Police Department.
Section 5.24.010 sets the live entertainment license fee of$IOO.OO annually. In addition, as
published in the 2002/2003 City of Campbell fee schedule, a one-time application fee of
$1,342.00 is required in order for the Department to complete the background information
required for the permit.
70 North First Street Campbell, California 95008- I 436 TEL 408.866.2121 FAX 408.379.7561 mil 401>.1,66.2790