Waiver of Use Permit - 2001 CITY OF CAMPBELL
Community Development Department
August 30, 2001
Mr. Chris Chapman
Department of Alcoholic Beverage Control
San Jose District Office
100 Paseo de San Antonio, Room 119
San Jose, CA 95113
Subject: Determination of Convenience and Necessity
Dear Mr. Chapman:
The Community Development Director has determined that the American Legion Post 99 at
1344 Dell Avenue is not required to obtain a Conditional Use Permit for their Type 52 Veteran's
Club liquor license because the sale of alcoholic beverages at this location is a legal non-
conforming use.
In 1995, the City of Campbell elected to delegate the duty of determining whether or not public
convenience and necessity are met for liquor license applications which do not require a
Conditional Use Permit to the Community Development Director.
The American Legion Post 99 has requested this determination to allow a general off-sale liquor
license in conjunction with an existing veteran's club. The club is located on the east side of Dell
Avenue. The site is surrounded by an industrial building to the north and south and a Santa Clara
Valley Water District Groundwater Recharge Facility to the east. The sale of alcoholic beverages
is incidental to the primary use of the existing veteran's club. The use was established prior to
the requirement for a conditional use permit. The existing veteran's club is compatible with the
surrounding development and uses. There are no residences within 500 feet of this location.
The American Legion Post 99 has been selling liquor at 1344 Dell Avenue for the past 30 years.
The veteran's club sells beer, wine and distilled spirits to members and guests only for on-site
consumption at 1344 Dell Avenue only. The provision of a general on-sale license at this
location does not represent an over concentration of liquor establishments in this neighborhood.
70 North First Street · Campbell, California 95008-1436 - 'r[L408.866.2140 · F^X 408.866.8381 - TDD 408.866.2790
Determination of Convenie~..,; and Necessity
American Legion Post 99 -- 1344 Dell Avenue -- Type 52 Veteran's Club liquor license
August 30, 2001 Page 2 of 9
Therefore, the Community Development Director, on behalf of the City of Campbell, has
determined that the issuance of a Type 52 Veteran's Club liquor license to the American Legion
Post 99 at 1344 Dell Avenue serves a public convenience and necessity.
Please do not hesitate to contact me if you have any questions regarding this determination.
Sincerely,
Sharon Fierro
Community Development Director
CC:
Mr. Earle Wigham
Building Manager
American Legion Post 99
1344 Dell Avenue
Campbell, CA 95008
AUG-24-2E~I~l E~3:49 FROM
San Jose, CA 9S113
Phone: 408-277-1200
Fax: 408-971-9421
Firm/Office:
Fax:
cc('s):
FAX TRANSMISSION
Total Number of Pages ~
OHginal:[~To follow by regular mail
(Including this cover sheet)
E~]will not follow
Time:
From:
Subject:
Comments:
NOTICE
This communication is intended only for the use of the individual or entity to which it is
addressed, and may contain intormation that is privileged, confidential and exempt from
disclosure under applicable law. If the reader of this message is not the intended recioient.
you are hereby notified that any dissemination, distribution or ~ying of this
communication is strictly prohibited. If you have received this communicatio~ in error.
please notify us immediately by telephone, and return the odginal message to us a~ the
above address.
"]~e I~uer~ Efficient"
ABC-75 (4/01)
AUG-24-2001 08:49 FROM TO
§ 234SS. i~.vo~bon~
2.3450. "Vet.aa" defied. A~ ~ in ~ ~c~, "~t~" ~ ~y ~
who h~ ~ in ~ United Stmes ~y, Navy, M~ne C~, Revenue M~ne
~ Navy N~ ~s in ~e of w~, ~ in ~y ex. rio. 'of the ~ fo~es of
16, 1~, ~ ~ 7, 1~!, ud ~iv~ n~ ud~ ~n~ o~ ~
dis~able.
~om~ ~le~ of ~, of ~ ~i~ c~ ~lely of vet--s w~ch
~ ~n c~d by ~ C~ of ~e Uni~ S~us for pn~c. ~, or
o~r, i~, or ~cu~ ~f, o~ u e~bJishment f~ 8ny such ~se
f~ nm l~s ~ ~ne y~, i8 a ~a ~ club ~n t~ me~in~ of ~bon 22 o~
cle ~ o~ ~e C~n ~ of ~s ~vi~.
~ u~~ dub ~ ~ ~cnt .y iss. o~ vet~s' cl~
, ~m, ~z o~ s~t~, w~ ~ ....... r
i~m ~t ~n~ iu club --- ~ ~,, ~a~ter. c~p, ~ o~r
2~4~52.5. Vetet.ans' melnorill n~socialton. The department may also issue one
veterans', club license to any ve~eranF memorial assoc/ation which is a nonprofit priva~
corporatJon organized for pitriotic, fTaternal, or benevolent purposes, composed solely
~iu~ fm ~ ~s ~ ~ y~.
2~. ~~ '
~ ~ of a ~'s club ~ ~y
~I ~ ~ fi~ ~d ~ ~ by
~ ~ ~c ~ ~ o~e gen~ U~n~ but ~y
f~ ~on wi~n ~ li~ ~bU~t ~ly
club li~ ~ not ~f~b~ ~ ~ ~n ~ ~ ~n m ~ i~
by ~ ~ne~. ~ ~ov~o~ of~ 2 of ~ 5 of ~s div~ion
~ly m ~ i~u~ce of v~' club Ucc.
2~. ~~~ No
of ~c ~s ~ ~ li~ ~ to ~ ~ of ~e ~n~ ~ i~ ~s~,
~Y~ ~ ~t of ~ ~ m ~y ~ ~ ~ vo~ at ~y ~ m~g
~ ~ ~ of ~ ~ ~ ~ i~ ~v~ng ~y out of ~ gen~ ~v~
~ ~ l~ u~t.
2~5, R~ ~ de~t ~y gvoke any ~ ~s~ ~uant
~ a ~ fide club. ~ ~ ~ ~ ~C ~ ~ ~ to ~
Ca~r~ 4. l~,ostrs
14088668381 P.02
AUG-24-2~O1 08:50 FROM 14088668581 P.O3
ON S~LI~. GENERAL - EA'~'lp~G PLACE - (Restaurant) Authorizes the sale of beer,
wine and dist~ecl spints for consumptisa on the licensed premis~. Authorizes ~,
of beer and wine ~or com~umpt~on o~' the licensed premises. ]t~ust operate and
the'licensed prem~ee8 as a bona fide eating place: Must make actual and substantial
sales of meals, durin~ the normal meal hours that they are open, at least five days'a
wee~ Normal mesltimes are 6:00 a~m.. ~.00 a~., 11:00 a~m. - 2i00 p,m., and :
6:00 p.m. ~ 9:00 p.m. Prem~s that ~ not open five days a week must serve meals' on
ON ~ GENERAL- PUBLIC PREMISES- (l~r. Night Club) Avtho~.s the
of beer. wine and distill~t spi~m fo~ eonsuml~on ~n the pre~es where sold.
Authorizes the sale of beer and wine fo~ eonsumpt~on off the preni~e, whe~ sold.
~ a~e not nil. owed to enter and rel~tain (~ee Section 256t~.5 for exceptiou.
' ' Food service is
ON S~t.~ GENERAL - SEASONAl, - A~ the ~mne priv~g~ and ~-~e~ions
as provid~t for a T~pe 47 lieenne exct~t it is ~mued ~. a Iq~cific season Im~lu~ve dates
C~uB - Au~__~,~$ the ,~l__._ of b~r, w~ and ~ 0p~to, to members and guests
o2~, ]~r coz2su~2ptiotl on the premises where 8oM. No oJ~-sale privileges. Food service in
not: r~finors are ~llr,wed on the
¥~-I*~KAN'S CL~JB - Autlb~-~ the omb of beer, wine and ~ spirits, to menlbere
'and ~tests only, for consumption on the premises where noir No off"sale privileges.
Food service: 1A/rin_,?Ta are -1!.--~-d on the '
~i';'J~CLAJ., ON ~ GF_,h~.i,..,a~L. Genera,lly issued, to certain orpn:intions who
cannot qual~ for club licenses. Authorizes the ~tle of beer, wine and distilled spirits, to
members and guests only, for consumption on the premises where sold. No off-sale
ON SALE BEER AND WINE - SEASONAL - Authorizes the same privileges as a
Type 41. Issued for a spec~c season~ Inclusive dates of operation are listed on the
ON SALE B~Elt - SEASONAl, - Authorizes the sale of beer only for consumption on or
offthe premises where sold. Issued for a specific season. Inclusive dates of operation
are listed on the License cert~cate. Vv'me or distilled spirits may not be on the premises.
1V[J,uors are on
ON SALE BEER - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer
only for consumption on.or off the Lk~m~sd pr-~__,_' _~es. Wine or distilled spirlto may not be
on the p~e~ises. Minors are not allowod to enter and remain (warning si6ns required).
Food s~.vlce is
BED AND BREAKFAST INN o Authorize~ the ~ of wine p~d fram ~ licensed
winegrower or wine wholesaler only to registered guests of the establishment for
consumption on the prem~_nes. No beer or dhtillod spirits may be on the prexn~e8. W~ue
ohall not be given &wa~y to guest~ but the price of the wine shn!) be mctuded in the price
of the overnis;ht transient cccupax~cy accommodatim~ Removal of wine from the ground3
· end distfllat spmte for consumption on the premises to the establishment's
~p nomm aaa motets, wmca exen~o the licemm privLlewe8 for Sueste'
the'
ON SAJ~ GENERAL - BREWPUB. (Restaurant) Authoriz~ the sale of beer, wine
nnd diotilled spirit~ for consumption on a bona fide eating place Plus a limited amount of
brewin~ of beer. Also authorizes the sale of beer and wine only for consumption off the
allowed on the '
ABC-616
RUG-24-2881 88:51 FROM TO 14888668381 P.84
The Depa, tment also issues lice,ses and authorint/ons for the retail sale oz .eer. wine and distilled
la temporary basis for special events. The most common m'e listed below. Other le~s common ones a~e found in
Business and Professions Code Section ~4045~, et seq.
TEMPO~Y BEER AND/OR WINE LICENSE - (Identified as 'One Day Bee~ and/or Wine License,' Form
p~v~ege~ A~umr~ are auowea on the premmee May be revoTEed summarily by the Departmen~ if. m the opinion
pe~ce anu moram ox ~ne people ol v~e ~tate. In some instances. ~ne ~ocal ~ ~ce may req~fire the applicant to
obtain pr~r written approval of the local law enforcement agency. I~ued to non-profit organizations. (Rule 69,
CaUforn~ Code of Regulations) :
DAILY ON SALE GENERAL LICENS~ - (Fo.~u ABC-281) Authorizes the sale of beer. wine and d/s~ed
sp~ts for consumption on the premise~ where sola No off. de ~r~vilege~. l~finors are allowed on the premm~.
May be revoked S,,mmmrily by the Depm~anent if. in the opinion of the Department an~or the local law
enforcement agency, it m neceMary to protect the aa~ety, welfare, health, peace and mora~ of the people c~ the
8tare. In ~ome instances, the local ABC o~ce may require the applicant to obta~ prior written approval of tBe
local law enforcement agency. Issued to political peri/es or stsl~,tes suppm-ting a candichlte f~r pubUc ot~ce or a
ballot measure or charitable, civic, f~aterna/or reUgious or~n~_~__~ic~8. (Section 24045.1 and Rule 59.5 ~
Code of Regulations)
CATERING AUTHORIZATION - (Form A9C~218) Authorizes Type 4?, 45, 51, 52 and 5? Ucensee~ (m~d
catering bus~e~es that qu_~!~y under ~*l;~on 24045.12) to aell Beer, w~ue and cUre,led sputa for consumption
,at convel~t~o~s, 6poi-ting eyelets, trade exh~)~, picl~ce, ~ ~,8thez~,s, or sim~l_~ff evellt~. ~ype 47, 4~ ~l/c[ 57
Ucensee, may cater alcoholic ~e~erages at any ABC-approved location in the State.~ype 51 aod 52 ~ may
only cater alcohoUc beve~g~ at their Ucensed prem/s~,.
obtain prior written authoriut~on from the uepartment tor each event,.~,A,t all a.pprcrved event~, the licensee may
exerc~e oz~y those privUege$ authorized by the licensee's Ucense and soau eDmply with ali provilions of the ABC
Act pertaining to the conduct of on-sale prem~se~ and ~iolation of those provis~ns may be grounds for suspension
or revocal2on of the licensee's license or permit, or both, as thoUl~ the violation occurred on the Ucensed premises.
(Section 25399 and Rule 60.5 Calfforu/a Code of l~egulal~o~s)
~ EV]~TT AUTHORIZ, A'I~ON - (Form A]~C-215) AuthoHze~ ~%ype 47. 48, 49. 57 and 75 licensees to ~ell. beer,
w~e and d/stilled ~p~.-its for consumption o~1 property adjacent to the licensed prem~ees aucl owned or trader the
control of the Ucensee. This pro~rty shall be oecured and controUed b~ the l~nsee and ~ot ,~oible to the General
public. 2~e ~c~ee ~ o~n pr~o~ ~pprou~ ojrg)M/oce2 ~uu en~orceme~g qgen~. At aU approved events, the
Ucen~ee may exerc~e only those privileges authorized by the Ucen~ee's license and shaU comply with all pr~visions
of the ABC Act pertaining to the conduct of on~le prem~-es (including a~ Ucense condition~) and v~__!atiorm of
those pruvisi~ may ~e grounds for suspension or revocation of the Ucen~ee's Uce~e or l~rmit, or both, as though
the v~olat/m~ occurred ~n the Ucensed premises. (Section 23399)
NOTF_:
~. Cons~ ~c~on 256~(b) regarding age ot employees in off,sale I~-m~el;.consu~ ~ 2~63(a) ~
3. In cen~i~ situalions, ABC may place rmumnable conditions upon a ~cense, ~uch as ~ as Io houm of
· ntering certain ~ of the pren~ee or proh~in~ rnlno~ in the promises during ceffain
I.aw8 (from ABC-60~; Ak~holic Beverage Centrol Ac~ (complete laws); RuW~ &
TOTAL P,84
July 28, 2001
Sharon Fierro
Planning Director
70 N. 1st Street
Campbell, CA 95008
THE AMERICAN LEGION INC.
1344 DE.I.I, AVE, CAMPBELL, CA 95008-6604
PHONE (408)3'79-6420 FAX NOra:
ST VALLEY MEMORY POS'i :0. 99
RECEIVED
AUG 1- 2001
CiTY OF CAMPBELL
PLANNING DEPT.
Dear Sharon Fierro:
I am requesting a waiver of the requirement for a Conditional Users Permit to obtain a liquor license for
American Legion West Valley Memory Post 99, hereafter referred to as Post 99.
In December of 2000 Post 99 applied for a liquor licen;e with the State of California Alcohol and
Beverage Commission, By way of explanation, Post 158 which was located at 1344 Dell Avenue in
Campbell, had a liquor license for over 30 years. Because of dwindling membership, Post 158 could not
afford the annual fee of over $1100 and let the liquor license lapse in 1998. In the spring of 2000, Post
158, Post 399 of San Jose, and Post 503 of Saratoga combined with concurrence of the American
Legion National Headquarters. We were then chartered as Post 99 located at the same location as
Post 158. We now have over 900 members.
As the Building Manager of Post 99, I received the array of paperwork from the ABC. One of the forms
was an application for a Conditional Users Permit for the city of Campbell. I contacted the Planning
Dept. and dealt with Ms Darcy Smith, I gave my reasons (which are the same today), as to why I felt this
requirement should be waived. Ms Smith was courteous, helpful, and correct and consulted with one of
the Planners (name unknown to me). After two days I was told by Ms Smith that this requirement would
be waived.
In June of this year, all of the ABC requirements had been met and a Letter of Convenience and
Necessity from the city of Campbell was the final document. I was shocked to learn that the Planning
Dept. had now reversed themselves and demanded an application for a Conditional Users Permit. This
would cost Post 99 $1760 and delay our license for 60 days or more.
I believe my reasoning in requesting a waiver is sound. Post 99 took the Planning Department original
decision at face value.
Post 158 (now Post 99) held a liquor license for over thirty years in Campbell, complying with all rules,
regulations, and city ordinances and operated as a responsible part of the community. We have
investors, but not in the normal sense of the word. Our members all invested years of their lives, some
invested arms, legs, eyes, and emotional trauma which still lingers. Our shareholders are children,
grandchildren, other veterans, and the community. We are 100% a non-profit organization. We pay for
scholarships, youth sports, gifts and donations to shut-ins and hospi!alized veterans.
I believe the American Legion is different then the normal group that intends to open a restaurant with a
cocktail lounge or a neighborhood bar. Each and every member served their country with honor and
distinction. Many of us laid our lives on the line in order to insure that American citizens enjoy the
freedoms that we all hold dear.
I believe we should be treated differently. The federal government grants us tax exempt status. The
ABC issues a liquor license to veterans clubs at a fraction of the normal cost. The Campbell Chamber
· Page 2 July 30, 2001
of Commerce, of which we are a member, offers a special rate to veterans groups. I am asking you for
this waiver and if you are not empowered to grant it, I am asking for your support in obtaining it at the
proper level.
Sincerely,
Eade K. Wigham, Unite States Navy Retired
cc: Matthew Dean-Mayor
Jeanette Watson-Vice Mayor
Dan Furtado-Councilmember
Don Burr-Councilmember
Jane Meyer Kennedy-Councilmember
Bernard Strojny-City Manager
July 2, 2001
CITY OF CAMPBELL
Community Development Department · Current Planning
Mr. Earle Wigham
West Valley Memory Post No. 99
The American Legion Inc.
1344 Dell Avenue
Campbell, CA 95008-6604
Subject: Conditional Use Permit Requirement -- 1344 Dell Avenue
Dear Mr. Wigham,
Thank you for your inquiry regarding the renewal of your general on-sale liquor license in conjunction with
the American Legion Post located at 1344 Dell Avenue. The prior liquor license was established before the
City's requirement for a Conditional Use Permit for liquor establishments. As such, this prior liquor license
was a legal non-conforming use on the property. This use and activity could continue, assuming that it
remained active and was not discontinued for a period of more than one year.
Per a phone conversation with Chris Chapman at the Department of Alcoholic Beverage Control on this
date, he has indicated that the liquor licenses lapsed in 1998. Consequently, it will be necessary for your
organization to seek approval of a Conditional Use Permit from the Planning Commission. This process
requires the submittal of an application fee and form (application enclosed). The processing time for such an
application is 45 to 60 days.
Earlier this year, a preliminary proposal was received from your Post expressing interest in remodeling this
facility. It would be helpful to handle the review and approval of this remodel at the same time.
Please contact me at (408) 866-2144, if you have any questions about these comments or would like to set
up a meeting to discuss the application process further.
Sincerely,
Tim Haley
Associate Planner
Cci
Enclosure:
GeoffBradley, Senior Planner
Chris Chapman, ABC
Conditional Use Permit Application Form
70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 · FAX 408.866.8381 ' TDD 408.866.2790
WEST VALLEY MEMORY POST N,.... 99
THE AMERICAN LEGION INC.
1544 DELL AVE, CAMPB~I.I.; CA 950086604
PHON~: (408)
June 13, 2001
Geoff Bradley, Planning Department
City of Campbell
70 North First Street
Campbell CA 95008
F&X No~
RECEIVED
Dear Mr. Bradley:
Attached is a copy of a letter recently received from the Department of
Alcoholic Beverage Control requesting a "Letter of Public Convenience &
Necessity" from the local governing body in Campbell.
Earlier I had worked with Darcy Smith who kindly walked me through the
steps needed for the permit, and apparently, this is the fin~il step.
We are anxious to complete this project and would be appreciative if you
could expedite this.
I enclose a stamped self addressed envelope for your convenience in
sending the letter to me.
Sincerely,
(408) 266-0552
(Cell) 373-4151
STATE OF CALIFORNIA -- BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
San Jose District Office
100 Paseo de San Antonio, Room 119
San Jose, CA 95113
(408) 277-1200
May 31, 2001
WEST VALLEY MEMORY POST 99 AMERICAN LEGION BUILDING COMPANY,
INC.
1344 Dell Ave.
Campbell, Ca 95008
Dear applicant:
The following is a list of needed documents for your application:
1. ABC-293, Affidavit of Posting
2. ABC-207e&f, 500 Foot Notification ~ ~,~k~,_~.._~ -z ,~o(_-~ · ,'o
3. ABC-207c, Affidavit of Publication
4. Letter of Public Convenience & Necessity from the local governing body in
Campbell. The Planning Commission/Commission Development Director
determines PC&N in Campbell.
If you have any questions, please call me at (408) 277-1989.
Respectfully,
Chris Chapman
CITY OF CAMPBELL
Community Development Department - Current Planning
February 23, 2001
Charles Stoh/Emest Glave
West Valley Memory Post 99 - The American Legion
1344 Dell Avenue
Campbell, CA 95008
Subject:
PRE 2001-03
Pre-Application for expansion of an existing meeting hall
1344 Dell Avenue
Dear Mr. Stoh,
Thank you for your preliminary application for the expansion of the existing meeting hall on the subject
property.
The project site is located in an C- M Controlled Manufacturing Zoning District.
Your application was distributed to the Public Works Department, Building Division, Planning Division,
and the County Fire Department. Comments from the Building Division, Public Works Department and the
County Fire Department are attached. Below, please find comments from the Planning Division. Please note
that these are intended as preliminary only and additional comments and requirements may be forthcoming
based upon a more complete description of your project.
The proposed project will require approval of a Conditional Use Pdrmit (application enclosed). In reviewing
a Use Permit application, the planning staff and the Planning Commission will evaluate such items as
building placement and size, traffic generation, noise, hours of operation, adequacy of parking and
circulation, landscaping and overall compatibility of use with adjoining properties.
Parking
A private meeting hall is not specifically identified under the parking table in the zoning ordinance.
Restaurants require one parking space for each 3 seats, a Community Center provides one parking space for
each 200 square feet in gross building area, and Public Assembly Use requires one parking space for each 40
square feet of assembly area.
70 North First Street - Campbell, California 95008-1436 - TEL 408.866.2140 . f^X 408.866.8381 · TDO 408.866.2790
1344 Dell Ave.- PRE 2001-3
Page 2 of 2
March 28, 2001
Noise;
Staff is concerned about the noise impacts from an activity community facility. Typical operational hours
need to be provided with the use permit application submittal.
Landscaping:
It is anticipated that the parking
landscaping on the border areas.
area and the
area surrounding
the building would be improved with
Alcohol Services and Live Entertainment:
These activities would require a conditional use permit and a review by the Police Department.
Please do not hesitate to contact me at (408) 866-2144, if you have any questions about these comments or
would like to set up a meeting to discuss them further.
Sincerely,
Tim Haley
Associate Planner
Cc~
Geoff Bradley, Senior Planner
Enclosure:
Santa Clara County Fire Department Development Review Comments, 2/5/2001
Building Inspection Division- No Comments to the Development Review Committee
Public Works Department Preliminary Conditions Of Approval, 2/12/2001
FIR DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd.. Los Gatos, CA 95032-1818
(408) 378-4010 · (408) 378-9342 (fax) · www.sccfd.org
.LA..EWEW.UMSE. 01- 0268
BLDG PERMIT NUMBER
CONTROL NUMBER
F,.E NUMSE. 424-33-092
DEVELOPMENT REVIEW COMMENTS
CODE/SEC.
UFC
903.2
UFC
903.2
UFC
903.2
SHEET NO.
REQUIREMENT
Review of a proposed 764 square foot addition to an existing commercial building.
Review of this 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.
Private On-Site Fire Hydrant(s) Required: Provide 1 private on-site fire
hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire
Department. Maximum hydrant spacing shall be 250 feet, with a minimum
acceptable flow of 1,500 GPM at 20 psi residual pressure. Prior to design, the
project civil engineer shall meet with the fire department water supply officer to
jointly spot the required fire hydrant locations. * See item #6 below.
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.
Required Access to Water Supply (Hydrants): Portions of the structure(s) are
greater than 150 feet of travel distance from the centerline of the roadway
containing public fire hydrants. Provide an on-site fire hydrant AND, install an
approved fire sprinkler system throughout all portions of the building.
City PLANS SPECS NEW RMDL AS
CBL [] [] [] [] []
SECJFLOOR
AREA
OCCUPANCY CONST. TYPE AppllcantName
I CHARLES STOH
LOAD IDESCRIPTION
,
NAME OFPROJECT
AMERICAN LEGION POST #158
Commercial Development
I DATE PAGE
~1 2/5/2001 1
BY
Hokanson, Wayne
LOCATION
1344 Dell Av
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell. Cupertino, Los Altos.
Los Altos Hills, Los Gatos. Monte Sereno, Morgan Hill. and Saratoga
FIRL DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 · (408) 378-9342 (fax) · www.s¢cfd.org
PLAN REVIEW NUMBER 01- 0268
BLDG PERMIT NUMBER
CONTROL NUMBER
F,LE.UMBER 424-33-092
DEVELOPMENT REVIEW COMMENTS
CODE/SEC.
902.4
SHEET
NO.
REQUIREMENT
Fire Deparbixent 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.
It is noted that the applicant has indicated that an on-site fire hydrant is to be
installed along the access road leading to the site. The location of the proposed fire
hydrant appears to meet this department's standards. In addition to the on-site
fire hydrant, it is likewise a requirement to provide an approved automatic fire
sprinkler system throughout the building to mitigate fire flow requirements.
Any such underground or overhead fire service installation shall be permitted
through this office on a separate eventual submittal.
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.
City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE
CBL [] [] [] [] []
SECJFLOOR AREA LOAD DESCRIPTION
NAME OF PROJECT
AppllcantName
CHARLES STOH
Commercial Development
LOCATION
AMERICAN LEGION POST #158 1344 Dell Av
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos. Monte Sareno. Morgan Hill, and Saratoga
DATE PA~E
2/5/2001 --oF--
BY
Hokanson, Wayne
MEMORANDUM CITY OF CAMPBELL
TO: Tim Haley, Project Planner
FROM: ~):/Lynn Penoyer, Land Development Manager
~Iarold Housley, Land Development Engineer
SUBJECT: DRC APPLICATION
DATE: 2/12/2001
Site Address: 1344 Dell Avenue
For File No(s): PRE 2001-00003
Project Description: Addition to existing American Legion facility
Applicant: Charles Stoh
PUBLIC WORKS DEPARTMENT PRELIMINARY CONDITIONS OF APPROVAL
Proof of Ownership: Prior to issuance of 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.
Street Improvements: Prior to issuance of any grading or building permits for the site,
the applicant shall execute a street improvement agreement and shall cause plans for
public Street Improvements to be prepared by a registered civil engineer, pay fees, post
security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The fee for a non-utility encroachment permit is $245.00. The plans shall include the
following:
· Remove existing driveway approach and construct new ADA compliant driveway
approach.
· Construction of conforms to existing public and private improvements as necessary.
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.
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.
Page 1 of 2
Site Address: 1344 Dell Avenue
For File No(s): PRE 2001-00003
Project Description: Addition to existing American Legion facility
Applicant: Charles Stoh
PUBLIC WORKS DEPARTMENT PRELIMINARY CONDITIONS OF APPROVAL
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities.
Streets which have been resurfaced within the previous 5 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.
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 10 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.
Santa Clara Valley Water District (SCVWD):
grading, landscaping, or building, the applicant
SCVWD.
Prior to issuance of any permits for
shall obtain a clearance from the
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 and the California Storm Water
Best Management Practices handbook prepared by the Storm Water Quality Task Force,
Santa Clara Valley Water District and the City of Campbell Municipal Code regarding
Storm Water Pollution Prevention.
Site Plan: Upon submittal of a formal application, the developer shall provide a complete
and accurate Site Plan in accordance with the Planning Division's checklist.
j: \landdev\ 1344deli
Page 2 of 2
CITY OF CAMPBELL
BUILDING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE
DRC: March 1, 2001
ADDRESS: 1344 Dell Ave. Project Application: PRE-2001-00003
RECOMMENDATION:
Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the
Building Permit process. Please be aware that building codes are changing constantly; plans submitted for
building permit shall comply with the code in effect at that time. Submit permit application together with
required documents to the Building Inspection Division to obtain a building permit. No construction can be
commenced without an appropriate building permit.
It is recommended that this item be forwarded to the Planning Commission for Approval, with the following
conditions.
TO THE SATISFACTION OF THE BUILDING DIVISION MANAGER/BUILDING OFFICIAL:
PERMITS REQUIRED: A building permit application shall be required for the proposed
addition to the (E) structure. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
o
SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall
be 24 in. × 36 in.
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.
SITE PLAN: Application for building permit shall include a competent site plan that identifies
property 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. Parking and path of travel to the public sidewalks shall be described on site plan.
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.
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
J:XBuilding DRC Comments\ 1344dellave.doc
o
o
10.
13.
Building Official for approval prior to issuance of the building permits, in accordance with
U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the
Building Inspection Division Counter.
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" X 36") is
available at the Building Division service counter.
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.
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.
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)
J:~Building DRC Comments\1344dellave.doc
.o~?
CITY OF CAMPBELL
City Manager's Office
June 16, 1995
Kenton P. Byers, Chief Council
Department of Alcoholic Beverage Control
3810 Rosin Court, Suite 150
Sacramento, CA 95834
Re:
Delegation of Duties - Determination of Public Convenience and Necessity
for Liquor Licenses
Dear Mr. Byers:
In response to your March 8, 1995, letter, please be advised that the City of Campbell
wishes to maintain its current authorization procedure for the issuance of liquor
licenses for both on and off-sale liquor establishments.
Under this procedure, the Planning Commission, or the City Council upon appeal,
will make a determination of the public convenience and necessity for those
applications which require a Conditional Use Permit and the Community
Development Director will make such determinations when a liquor establishment
is a permitted use within a specific zoning district without a Use Permit. The
decision making body will advise the Alcoholic Beverage Control, in writing, of its
determination.
If you should need any additional information or if you should have any questions,
please do not hesitate to contact my office at (408) 866-2125.
Sincerely,
City Manager
CC:
Donald R. Burr, Mayor
City Council Members
James Cost, Chief of Police
Steve Piasecki, Community Development Director
Planning Commission Members
70 North First Street . Campbell, California 95OO8.1423 . TEL 408.866.2125 · FAX 408.374.6889 - TDD 408.866.2790
.~TA"I'I". 01: CAIoII:'ORNIA -- tlI.J.~lNt'r,.~.'q, TR~s,N.~P(~'F,Vr!(}N .xNI] l{Ol.l.~ING AGF. NC'I
DEPARTMENT OF ALCOHOLIc. .,~VERAGE CONTROL
.:glo ROSIN COURT. SUITE 150. SACRAMENTO, CA 95,S3.~
~0 I6~ 263-6O(X)
March 8, 1995
PI~I'E WlI,.5ON.
To;
County Board of Supervisors
City Councils
Mayors
3ost-R'" Fax Note 7671
~° L 77 ,rr~ e l c ~,
c°--.'°ep"5~,..,y e,~/¢ ~.
Phone ~
During the 1994 Legislative Session amendments and additions were made to certain
provisions of the Business and Professions Code relating to alcoholic beverage licensing
which affect the locat governing bodies of cities and counties.
Section 23958.4 was added to the Business and Professions Code to define "undue
concentration" of Iicenses and to establish the procedure for determining if public
convenience and necessity will warrant the issuance of a license notwithstanding a
determination that there is an undue concentration of licenses. A copy of the chaptered
Assembly bill creating Section 23958.4 is enclosed.
With respect to non-retail licenses, bona fide public eating place licenses, certain
hotel, motel, or specified lodging establishments and retail licenses issued in conjunction
with a beer manufacturing or wxne,rower s license, if the applicant shows that public
convenience or necessity would be served, a license may be issued by the Departmenf.
In th~s szruauon the local .*overnmg b-alibi-cio'es not make a determination of public
convenience and necessitv. However, nothing would preclude a ci~ or county, from
protesting the issuance of _a~ense on these grounds or any other grounds.
With respect to all other retail licenses, most notably ali off-sale beer and wine
licenses, off-sale general licenses, and all other on-sale licenses, the determination of
whether or not public convenience and necessity is met will be determined by the local
governing body of the appropriate city or county,. In other words, if there is an undue
concentration of licenses in the area of a proposed licensed premises and the local
governing body determines that issuance of the license would meet public convenience
and necessity standards, the Department of Alcoholic Beverage Control will be bound by
that determination and the license could be issued, assuming other factors, such as the
personaI qualification of the applicant, citizen protests and other non-public convenience
and necessity factors do not preclude the issuance of the license. On the other hand, if the
local governing body determines that public convenience and necessity would not be
served, that determination by itself would preclude the issuance of the license by the
Department. - ......... .
The Department is asking that all determinations of satisfying public convenience
and necessity be in wridng and submitted to the local office of the Department. . ............
gO'd ~LS~6L£ WO~ 90:£I S66I-8I-A~W
As the local governing body you may elect to delegate the duties of determining
whether or not public convenience and necessity are met to a subordinate agency such
as a zoning, planning, or law enforcement official if desired. If this is your decision please
submit a written notice of such delegation co the Department's Headquarters address
within 30 days of the date of this notice. If such a delegation is not made within that
period we will assume that the local governing body itself will be making these
determinations
Please send ail notifications of delegation of these duties to:
Department of Alcoholic Beverage Control
Office of the Director
3810 Rosin Court, Suite 150
Sacramento, CA 95834
We appreciate your cooperation in these matters and we feel that the changes in th.e
law as outlined above will serve to give local officials the ability to better deal with
alcoholic beverage licensing issues.
Sincerely,
Chief Counsel
Assembly Bill No.
CHAFFER 630
An act to amend Section 2.39~8 of, and to add Section fl39~.4 to,
the Business and Professions Code, relating to alcoholic beverages.
[Approved by Governor September 19, 1994. Filed w/th
Secretary. 0f Stat~ September ~, 1994.]
LEGISLATIVE COUNSEL'S DIGF.~
AB 289'7, Caldera. Alcoholic beverages: retail licenses: undue
concentration.
Ex/sting law prov/des that the Department of Alcoholic Beverage
Control may deny an applicat/on for a 1/cense if the issuance would,
~,nong other things, result in or add to m: undue concentration of
1/censes, and the applicant fails to show that public convenience or
necessity would be served by the issuance. Existing reg'alatory law
defines "undue concentrat/on" with regard to appl/cat/ons for
on-sale and off-sale retail licenses.
This bill would instead require the Depa~u,.,ent o£ Alcoholic
Beverage Control to deny an application/f issuance would tend to
create a law enforcement problem, or would result/n of add to an
undue concentration of licenses. The bill would change the
def~nit/on of undue concentrat/on, and would provide that,
notwithstanding the requirement that the department deny an
application that would result in or add to an undue concentration o£
l~censes, a license may be issued with respect to a nonretail License,
a retail on-sale bona Fide eating place 1/cense, a retmil License issued
for a hotel, motel, or other lodging establishment, as define&, a retail
license issued/n conjunction with a beer m~uufacturer's license, or
a winegrower's license, if the applicant shows that public
convenience or necessity would be served by the issuance, and with
.respect to any other license, if the local governing body of the ~"g'a
ia which the_ap_ pl/cant_~__-~er,~_,ses are ioca-tea cteterrn/nes th.~t pub]i?
convenience or necess/ty would be served by the issuance.
T~e people oF the State o£ CMi£ornia do enact as Follows:
SECTION 1. Sect/on P.,3955 of the Business and Professions Code
is amended to read:
23958. Upon receipt ofan appl/cat/on for a license orfor a tr--~fer
o/: a license and the applicable' fee, the department shall make a
thorough investigation to determine whether the applicant and the
premises for which a Hcense is applied qualify for a license and
whether the provisions of this d/v/sion have been complied with, and
sh~l! investigate all matters connected therewith which rmay affect
the public welfare and morals. The department shall deny an
~0 'd
94
WO~H ~,0:£I S66I-8I-AUW
Ch. 53O ~
applicat/on for a license or for a trmus£er o£ a license if either the
applicant or the premises for which a license is applied do not qualify
for a license under this d/vision.
The department further shall deny an application £or a license if
issuance o£ that [/cense would tend to create a law enforcement
problem, or ff issuance would result in or add to an undue
concentration o£ licenses, e~ept as provided in Section 23958.4.
SEC. 2. Section 23958.4 is added to the Business and Pro£essions
Code, to read:
23958.4. (a) For purposes of Section 239~8, "undue
concentration" means the applicant premises for an original or
pren'hses.to-premises transfer of any retail license are located in an
area where any of the following condit/ons ex/st:
(1) The a~li_.cant prem/...'se.s are located in a cr/rne reporting
_d/strict that i~is- a '20 per,cent greater number o£ reported crime% ~_
de~med in subdivision ~c), than the aver.age number of reported
crimes as determined from ~il crime reporting districts within the
jur/sdiction o£ the ioca] law en/orcement agency.
(2} As to on-sale retail license applicat/.ons, the ratio of on-sale
retail Licenses to population in the census tract or cereus division in
retail licenses to population in the county in which the appl.ieant
prerr~e~ are located, off.~ale~
(3) As to off-sale retail licer~e applications, the ratio o£
retail licenses to population ~ the census tract or census div~ion
wh/ch the applicant premises are located exceeds the ratio o£ off-sale CLc
retail licenses to population in the county in which the applicant
prerni~es are located.
(b) Not'~-itl'~tand/ng SectSon ~958, the department may issue a
liqense as follows:
"(1) With respect to a nonretail Ecense, a retail on-sate bona Mdc
eating place license, a retail license issued for a hotel, motel, or other
lodging establishment, as defined m subdivision (b) o£ Section
2550316, a retail Hcense issued in conjunction with a beer
' , ,
mant,ffacturer s license, or a winegrowers license, ~t
shows that uublic convenience or necessit-v would be served by the
'77:~ (2) With respect to any other hcense, if ~he local governing bed?
o£ the area in which the applicant prem/ses are located determ.L'~es
that public convenience or neceszity would be served by the
issuance: _~,'
..'~--':(:C)-'For pUrP°/e~ 'o£ tl~ section,· th~'"£OlI~f--~eF/fffftffons sh,~
(I) "Reporting district~' means geographical ~rea~ within the
~oundaries o£ a. single governmental en~i~/. (ci~ or. the
unincorporated are~ o£ a counby), that are identified by the local law
enfforcement ~§ency in the compilation and m~nteu~nce of:
_~t~istic~l information on reported crimes and a~-rest~.
SO'd E£SES6£ WO~ 80:£$ S66T-BT-A~W
--3-- Ch.
(2) "Reported ct/roes" means the most recent yearly compilation
by the local law enforcement agency of reported offenses of criminal
homicide, forcible rape, robber>,, aggravated a~ssault.
larceny theft, a.nd motor vehicle theft, combined with all arrest~ f~r
other crimes, both felonies and misdemeanors, except ~~e
citrons.
(3) "Population w/thAn the censu~ tract or census d/vision" rnean~
the population az determined by the most recent United States
decermi~! or special census. The population deterrn/nat/on ~b~ll not
operate to prevent an applicant from establishing that an increase of
res/dent population has occurred within the census tract or censu~
division.
(4) "Population in the county" shall be determined' by the annual
population estimate for California counties published, by the
Pop-lotion Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following:
(A) Off-sate retail licenses: Type 20 (off.sale beer and wine) and
Type 21 (off-sale general).
(B) On-sale retail licenses: All retail on-sale licenses, except Type
43 (on-sale beer and wine for train), Type 44 (on-sale beer and w/ne
for fishing party boat), Type 45 (on-sale beer and wi.ne for boat),
Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale
general for train and sleeping car), Type 54 (on-sale general for
boat), Type 55 (on-sale general for airplane), Type 56 (on-sale
general for vessels of more than 1,(X~0 tons burden), and Type 6'2
(on-sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,(X~0 tons displacement).
(6) A "premises to premises transfer" refers to each license being
separate and distinct and ttamferable upon approval of the
department.
(d) For purposes of this sectfon, the number of retail licenses in
the county shall be determined by the most recent yearly retail
license count published by the department in its Procedure
(e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29, 1992,
whose premises were destroyed or rendered unuzable as a result of
the civil disturbances occurring in Los Angeles from April 29 to May
2, 1992, to reopen and operate those licensed premises.
(f) This section sh~l! not apply where the pre-mt~es have been
licensed and operated with the same type license w/thin 90 days of
the application.
O
90 'd
wo~
60:£I S66I-8T-A~W