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.
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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. \
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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
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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.
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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