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Admin PD - 2011CITY of CAMPBELL Community Development Department July 5, 2011 William Rowe, Ballroom Dance Supply 881 E. Hamilton Ave. Campbell, CA 95008 Re: File No: PLN2011-13 8 Address: 881 E. Hamilton Avenue Application: Administrative Planned Development Permit Dear Mr. Rowe, On July 1, 2011, the Community Development Director approved your Administrative Planned Development Permit (PLN2011-138) to allow drop-in dance lessons, weekly social gatherings, and late-night operational hours, in an existing dance supply store on property located at the above referenced address, subject to the enclosed Conditions of Approval. This action is effective in ten calendar days, on July 11, 2011 unless an appeal is received in writing to the City Clerk by 5:00 p.m. on that date. If an appeal is received, you will be immediately notified of its receipt. If you should have any questions regarding this approval, please feel free to contact me at (408) 866-2193 or by email at danielf~a cityofcampbell.com. Sincerely, Darnel Fama Assistant Planner Encl: Conditions of Approval - PLN2011-138 cc: Paul Kermoyan, Planning Manager Donvanson, CGP, 333 W. Santa Clara St., Ste. 280, San Jose, CA 95113 CONDITIONS OF APPROVtiL - PLN2011-138,.. 881 E. HAMILTC~.. AVE. Pg. 1 of 2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2011-138 SITE ADDRESS:881 E. Hamilton Avenue APPLICANT:William S. Rowe OWNER:Donvanson, CGP DATE:July 1, 2011 City Council 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 Planning Division 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2011-138) to allow drop-in dance lessons, weekly social gatherings, and late-night operational hours, in an existing dance supply store located at 881 E. Hamilton Avenue. The project shall substantially conform to the project plans and written business description received by the Planning Division on May 26, 2011 except as may be modified by the Conditions of Approval contained herein. 2. Previous Conditional Use Permit: Upon the effective date of the Community Development Director's Action to approve this Administrative Planned Development Permit (PLN2011- 138), the previously approved Conditional Use Permit for establishment of a ballroom dance supply store (PLN2003-123) shall be void and shall permanently be superseded by the Administrative Planned Development Permit approved herein. 3. Approval Expiration: The Administrative Planned Development Permit allowing drop-in dance lessons, weekly social gatherings, and late-night operational hours within an existing dance supply store shall be valid in perpetuity with continued operation of the business. Abandonment, discontinuation, or ceasing of operation of the dance supply store shall result in the voiding of the Administrative Planned Development Permit approved herein. 4. General Hours of Operation: The general hours of operation for the dance supply store shall be restricted to 8:00 AM to 11:00 PM, Monday to Sunday, exclusive of the social gatherings allowed under this Permit. 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. CONDITIONS OF APPROVtiL - PLN2011-138 ~ 881 E. HAMILTGI. AVE. Pg. 2 of 2 6. Social Gatherings: Social gatherings may conducted subject to the following operational standards: a. Occupancy: Total indoor occupancy shall be limited to 49 persons. At no time shall there be more than 49 persons within the establishment, including the business owner, employees, contractors, customers and/or guests. It is the responsibility of the business owner to provide adequate entrance controls to ensure that the occupancy limit is not exceeded. A "maximum occupancy" sign shall be posted conspicuously within the business. b. Day/Time Usage: Social gatherings shall not take place more than one time per week and only during the hours of 8:00 PM to 12:00 AM. c. 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. d. Food Service: Food provided during the social gatherings shall be provided by a licensed caterer, by restaurant order, or fully prepared from a delicatessen or market. Food prepared in anon-commercial kitchen shall not be provided. e. Alcohol: No alcohol shall be provided or consumed at any time. 7. Drop-in Dance Lessons: Drop-in dance lessons may be conducted subject to the following operational standards: a. General Restrictions: Dance lessons shall be on a drop-in basis only with. instruction provided by outside instructors not directly employed or contracted by the dance supply store. The business shall not establish a regular or scheduled program of dance lessons. b. Day/Time Usage: Drop-in dance lessons shall take place only during the general operating hours of 8:00 AM to 11:00 PM, Monday to Sunday. c. Frequency: No more than five drop-in dance lessons shall occur per day. d. Participants: Each drop-in dance lesson shall include no more than two participants and no more than three dance lessons shall occur at any one time. 8. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 9. 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. Community Development Department June 11, 2011 NOTICE OF ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT Notice is hereby given that the Planning Division of the Community Development Department of the City of Campbell has received an application for an Administrative Planned Development Permit for the following project proposal: File No.: PLN2011-138 Applicant: William Rowe, Ballroom Dance Supply Project Address: 881 E. Hamilton Ave. Property Owner: Donvanson, CGP Zoning District: Planned Development (PD) General Plan: General Commercial Project Description: Allowance of drop-in dance lessons and weekly social gatherings in an existing dance supply store. This project will be decided by the Community Development Director and you have the opportunity to provide comment prior to the Director's decision. The ten-day comment period for this application begins on June 11, 2011 and ends June 21, 2011. Any comments regarding this application must be submitted in writing (including email) to the Planning Division before 5:00 p.m. on June 21, 2011. 1"he Director will then consider all comments submitted within this time period prior to a decision. Decisions by the Community Development Director are final in 10 calendar days following the date of approval, unless an appeal is received in writing at the City of Campbell City Clerk's C-ffice, 70 N. First Street, Campbell, prior to the end of the appeal period. A written appeal must be accompanied with the required $200 appeal filing fee. No additional notice will be provided. Please contact the project planner in a timely manner to determine what decision was reached. Plans and architectural drawings may be viewed at the Planning Division office during normal business hours (8:00 AM - 5:00 PM). Questions or comments regarding this application may be addressed to Daniel Fama, Assistant Planner, in the Community Development Department at (408) 86G-2193 or by email at danielf(c~cityofcampbell.com.