Use Permit - Sm Tutoring Center - 2017Community Development Department
May 11, 2017
Avesta Sabetian
437 N. 7th Street
San Jose, CA 95112
Re: PLN2017-68 - 281 E. Hamilton Ave-Conditional Use Permit-Small .Tutoring Center
Dear Applicant:
Please be advised that at its meeting of May 9, 2017,_the Planning Commission adopted
Resolution No. 4380 approving a Conditional Use Permit (PLN2017-68) to allow .a small .
tutoring center on the above-referenced property.
This action is effective in ten calendar days; unless appealed in writing to the City Clerk by
close of business on Friday, May 19, 2017. 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.
if you have any questions, do not hesitate to contact me at (408) 866-2140..
Sincerely,
Victoria Hernandez -
Assistant Planner
cc Carlo & Rosa Marenco
c/o Biagini Properties, Inc.
333 W. EI Camino Real, #240
Sunnyvale, .CA 94087
f
RESOLUTION NO. 4380
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2017-68) TO ALLOW A .SMALL TUTORING
CENTER ON PROPERTY LOCATED AT 281- E. HAMILTON
AVENUE, STE. 10 IN THE C-2 (GENERAL COM_ MERCIAL)
ZONING DISTRICT.
After notification and public hearing, as specified by lavu 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 file numbers PLN2017-68:
1. The project site is located within an existing professional office complex (Hamilton
Professional Center) on the northern side of E. Hamilton' Avenue, between
Winchester Boulevard and N. Central Avenue.
2. The project site is zoned C-2 (General Commercial) as shown on the Campbell
Zoning Map. ~ -
3. The project site is designated General Commercial as shown on the Campbell
General Plan Map. '
4. -The project site is bordered by single family residential uses to the north and
commercial and professional office uses to the east, west, and south.
5. The project site is developed with a one-story. multi-tenant professional office
complex.
6. No exterior modifications. to the building are proposed in conjunction with the
proposed small tutoring center. _
7. The proposed business is considered a "tutoring center, small", subject to approval of -
a Conditional Use Permit consistent. with CMC 21.46.
8. The subject tenant space, Suite 10, is 701 square feet in gross floor area.
9. The hours of business shall be restricted to 11:00 AM to 7:00 PM, daily.
10. The hours of operation shall be restricted to 10:00 AM to 8:00 PM, daily.
11. The proposed small tutoring center results in a parking demand of four parking
spaces.
12.. The center has a total of 57 spaces (54 standard; 3 accessible) shared by all tenants.
Planning Commission Re~~~_~ition No. 4380 ~ ~ _ ~ Page 2 of~3
PLN2017-68 ~ 281 E. Hamilton Avenue, Ste. 10 -Conditional Use Permit
13. When calculating the parking demand of the entire center, there is a net surplus of
five (5) parking spaces on the project site. As such, pursuant to the City's Parking and
Loading Ordinance, adequate parking exists on site.
Based upon the ,foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The project will aid in the harmonious development.of the immediate area.
2. The proposed project is consistent with the General Plan.
3. 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.
4. 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.
5. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
6. 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.
7. 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.
8. 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.
9. The proposed use will not significantly increase the demand on City services.
10. The project qualifies as a Categorically Exempt project under Section 15301 Class 1
of the California Environmental Quality Act (CEQA) pertaining to minor alterations to
an existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
11. THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use. Permit (PLN2017-68) to allow a small tutoring center establishment
on property located at 281 E. Hamilton Avenue, Ste. 10, subject to the attached
Conditions of Approval (attached Exhibit A).
Planning Commission Re,'~.-,~~~ition No. 4380 _ _ ' Page 3 of 3
PASSED AND ADOPTED this 9th day of May, 2017, by the following roll call vote:
AYES: Commissioners: Kendall, Hernandez, Rivlin, Young, Rich, Dodd
NOES: Commissioners:
ABSENT: Commissioners: Reynolds
ABSTAIN: Commissioners:
APPROVED:
Yvonne Kendall, Chair
ATTEST:
Paul Kermoyan, Secretary