Modification to Use Permit - 2009June 25, 2009
Mr. Anthony McKenna
820 Mary Court
Campbell, CA 95008
Re: PLN2009-52 - 1040 Dell Avenue -Modification to Use Permit
Dear Applicant:
Please be advised that at its meeting of June 23, 2009, the Planning Commission adopted
Resolution No. 3948 granting a Modification (PLN2009-52) to a previously approved
Conditional Use Permit to allow late night operational hours and live entertainment in
conjunction with an existing bar and restaurant (Grand Dell Saloon) 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, July 3, 2009. The time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless
another statute (such as California Government Code Section 65009 or some other
applicable provision) sets forth a more specific time period.
Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning
Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any
questions, do not hesitate to contact me at (408) 866-2140.
Sincer ,
w""'
Tim J. Haley
Senior Planner
cc Ciddy Wordell, Contracting Planning Manger
Ana Spear, Agent
Dell Ave Properties, LLC, 4125 Blackford Ave., #250, San Jose, CA 95117
RESOLUTION NO. 3948
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2009-52) TO A PREVIOUS CONDITIONAL USE PERMIT
(RESOLUTION NO. 1630) TO ALLOW LATE NIGHT OPERATIONAL
HOURS AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN
EXISTING BAR AND RESTAURANT (GRAND DELL SALOON) ON
PROPERTY OWNED BY DELL AVENUE PROPERTIES, LLC,
LOCATED AT 1040 DELL AVENUE IN THE M-1-S (LIGHT
INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR.
ANTHONY MCKENNA, ON BEHALF OF GRAND DELL SALOON.
FILE NO.: PLN2009-52.
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 PLN2009-52:
1. The proposed live entertainment and late night activity in conjunction with the existing
bar and restaurant is consistent with the Industrial General Plan land use designation.
2. The proposed live entertainment and late night activity for the bar and restaurant will be
compatible with the M-1-S (Light Industrial) Zoning District with approval of a
Conditional Use Permit Modification.
3. The project site consists of the addition of a live entertainment permit in conjunction
with an existing bar and restaurant with no expansion to the existing use that has
operated on this site since 1979.
4. The proposed use generates a parking demand of 30 parking spaces. The parking area
provides 41 shared parking spaces.
5. The subject property is located at the southeast corner of Dell and E. Sunnyoaks
Avenues. The existing bar and restaurant is located in the northern portion of the multi-
tenant industrial building that was constructed on this site in approximately 1979. The
site abuts industrial uses on the south, west and north and commercial uses to the east.
The remaining portions of the building are occupied by warehousing and/ or
manufacturing uses.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. No exterior modifications to the building are proposed in conjunction with the proposed
live entertainment and late night activities.
Planning Commission Rest, .ion No. 3948
PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment
Page 2
8. The business hours shall be restricted to:
Business Hours: 10:00 a.m. to 12:00 a.m. Sunday through Thursday
10:00 a.m. to 2:00 a.m. Friday and Saturday
Live Entertainment: 10:00 a.m. to 12:00 a.m. daily (recommended)
9. 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.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood or
to the general welfare of the City.
7. The addition of live entertainment to the existing bar and restaurant will not result in an
over concentration of such uses in the area.
8. The addition of live entertainment to the existing bar and restaurant will not create a
nuisance due to litter, noise, traffic, vandalism, or other factors.
9. The addition of live entertainment to the existing bar and restaurant will not significantly
disturb the peace and enjoyment of the nearby residential neighborhood.
Planning Commission Resolution No. 3948
PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment
Page 3
10. The addition of live entertainment will not significantly increase the demand on City
services.
11. 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.
12. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
13. 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.
14. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification
(PLN2009-52) to a previous Conditional Use Permit (Resolution No. 1630) to allow late
night operational hours and live entertainment in conjunction with an existing bar and
restaurant (Grand Dell Saloon) on property owned by Dell Avenue Properties, LLC, located
at 1040 Dell Avenue in an M-1-S (Light Industrial) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
Acknowledged 8~ ted:
~~
Mr. An on cKenna, on behalf of The an Del Saloon, Applicant
Planning Commission Rest. _.~ion No. 3948
PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment
Page 4
2. Approved Project: Approval is granted for a Conditional Use Permit Modification
(PLN2009-052) to allow a live entertainment use and late night activity in conjunction
with an existing bar and restaurant use (Grand Dell Saloon) located at 1040 Dell
Avenue. The project shall substantially conform to the project plans and project
description received by the Planning Division on April 27, 2009, except as may be
modified by the conditions of approval contained herein.
Planning sign off is required to prior to Building Permit final. Construction not
in substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
3. 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
live entertainment 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.
4. 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.
5. Hours of Operation:
Business Hours: 10:00 a.m. to 12:00 a.m. Sunday through Thursday
10:00 a.m. to 2:00 a.m. Friday and Saturday
Business hours are the hours the business is open to the public.
Live Entertainment: 10:00 a.m. to 12:00 a.m. daily
6. Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 3:00 a.m.
Monday through Sunday. The allowed hours of operation include the time employees
may be on site for preparation and clean up. At no time shall employees, other than the
business owner during an emergency, arrive before 8:00 a.m. or remain on site after
3:00 a.m.
7. Restaurant Seating: The maximum number of seats for the bar and restaurant shall be
limited to 90 seats.
8. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property.
Planning Commission Resc,._~ion No. 3948
PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment
Page 5
9. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
10. Live Entertainment: Live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing
subject to the applicant securing approval of a Live Entertainment Permit through the
Police Department as required by section 5.24.030 of the Campbell Municipal Code.
I1. Liquor License: The applicant shall maintain a license for a Type 48 General on-sale
liquor license (Bar/Night Club) from the State Department of Alcoholic Beverage Control
for the sale of alcoholic beverages.
12. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
13. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
14. 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.
15. Outdoor Seating: No outdoor seating is approved as part of this development
application.
16. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all .types are
strictly prohibited.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
c. Front. Side and Rear Doors: The side doors to the business shall not remain in a
closed position during live entertainment venues.
Planning Commission Resolution No. 3948
PLN2009-52 - 1040 Dell Avenue -Use Permit -Late Night Hours & Live Entertainment
Page 6
17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All trash removal shall be done between 6:00
a.m. and 11:00 p.m. daily.
18. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
PASSED AND ADOPTED this 23`d day of June, 2009, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Alderete, Alster, Ebner,
None
Gibbons and Rocha
None
APPROVED:
Gairaud and Roseberry
ATTEST:
Ciddy Wor II, Acting Secretary