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PC Res 3499RESOLUTION NO. 3499 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING 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-2 (CONTROLLED MANUFACTURING) ZONING DISTRICT. 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: 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. 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 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. \ o 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. o 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 Avenue, 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 Planning Division: Approved Project: 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 o o o o 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. 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. 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. 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. 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 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. Landscaping Maintenance: The owner/operator of the property shall provide on-going maintenance of the required landscaping for the project. 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. 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 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: 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. 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. 13. Parking and Driveways: ao 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. Planning Commission Resolution No. 3499 PLN2003-33 -- 1344 Dell Avenue-Use Permit- American Legion Page 5 Building 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 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 U.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 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. Planning Commission Resolution No. 3499 PLN2003-33 -- 1344 Dell Avenue- 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) 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-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 Avenue- 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 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. 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 Planning Commission Resolution No. 3499 PLN2003-33 -- 1344 Dell Avenue- Use Permit - American Legion Page 8 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. 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. Planning Commission Resolution No. 3499 PLN2003-33 -- 1344 Dell Avenue- 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, and Rocha NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: APPROVED: Sharon Fierro, Secretary Francois, Gibbons, Hemandez, Jones