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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 /" 0\ . CAI11 . 10<9 t: (<' - l'" U .- ~ CAMPBELL ~ ~ .. '- " G' r- OI?CHAR" CITY OF CAMPBELL \J Community Development Department I (),:l 7 in ())(./11/1.1 ( d) 20()::: 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 ......O'i. . CAII1A6" ~ <;. U roo o 0 ... ,. 1-", :: . <.. Ol/CH A Ill)' 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. o~ . CA/ft . /)<9 ~ (<' -. l"'" U r CAMPBELL ~ "- '5- "- /' ,-' ORC,,,,,,," . r-- CITY OF CAMPBELL u Community Development Department May 16, 2003 II)')] Tht Oidl(U,i (II) ]00] 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 0'( . CA/ft . /)<9 ~ (<' -. l"'" U r CAMPBELL -'. '5- (' "- "- ,-' ORCHI\"" CITY OF CAMPBELL I \ i ~ Community Development Department 10)] Tht (),dJdla (II) 20m May 6, 2003 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 o~ . CA/ft/) .:0.... <9 !:::: ~ u r CAMPBELL -' "- '5- "- (' ,-,' OI?CHA?O CITY OF CAMPBELL u Community Development Department jO;] Tilt ()ldltll.1 (II) 20m 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, /1fduifa r/1u~ Melinda Denis . Planner I end: Police Department Concerns, 4/2312003 cc: Geoff Bradley, Senior Planner Koch Construction, 90 Railway Avenue, Campbell, CA 95008 MEMORANDUM ~.. o~ . CAI11/-l~ ~ ~ U I . . " .>. ':$- I-.. <" t> '0 . !leI-! p..1'-,O CITY OF CAMPBELL 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. ,J.....O~ .CA-11",,<s> !::: <;. U r- o 0 ~ >. ... ~ ~ ,,' .OotCH,,9.0' City of Campbell -- Community Development Department 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 ~~. ox . CAIlt/-le !::.: ~ u r- . . .-\ :... ~ "- <" G' '0 . RC~Ii',R9 CITY OF CAMPBELL 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 2l)-W Bascom Ayc Sail Josc Ca. l)'i 12-1- Ollicc -l-OX-5:'ilJ-:')OX6 n1.\ -HlX-:'i:'ilJ-:'iOX'" Cell phonc -l-OX-5()j -I-l-M, email dCIlllyrobcl1s(/hotmail.com 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 o~ . CA/ft/} . . <5' ;:: (<' -. l"'" U r ~ "- '5- "- (' ,-' ORCHI\"" CITY OF CAMPBELL Police Department November 7,2002 Mr. Charles A. Berls, Commander American Legion Post 99 5122 Carter Avenue San Jose. CA 95118 'K:\! .1..\0 ()..l Y\ lIJD n~l.. W-::~ ~ \ H J '7 j D 2.. / ~ ~ - ~ ~ST' ~9 ~ALL C- )\ 'rMi ~-,..- l~'\:::.\. \. . 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