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Admin PD - Badminton - 2007July 9, 2007 Phu Khuu 1375 Geneva Drive Sunnyvale, CA 94089 Re: Administrative Planned Development Permit File No: PLN2007-80 600 E. Hamilton Avenue Dear Mr. Khuu: The Community Development Director has conditionally approved your Administrative Planned Development Permit for a change in use from a warehouse to a health and fitness center (badminton facility) located at 600 E. Hamilton Avenue in the P-D (Planned Development) Zoning District. This approval is based upon the attached findings and is subject to the attached conditions of approval. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on July 19, 2007. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2193 or by email atkimberlyb@cityofcampbell.com. Sincer~/ ~ Kimb~e~ Planner II end: Findings and Conditions of Approval for File No. PLN2007-80 cc: Jackie c. Young Lind, Acting Community Development Director Allan Fainbarg, P.O. Box Ill, San Jose, CA 95103 (property owner) 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-80 SITE ADDRESS: APPLICANT: DATE: 600 E. Hamilton Avenue Phu Khuu July 9, 2007 Findings for Approval of an Administrative Planned Development Permit for a change in use to a health and fitness center (badminton facilitv) on propertv located at 600 E. Hamiton Avenue. The Community Development Director finds as follows with regard to file number PLN2007 -80: 1. The project will be consistent with the General Plan land use designation of General Commercial, as the C-2 zoning which is used to determine allowable uses in the P-D zoning, allows for health and fitness centers. 2. The project will be consistent with the P-D (Planned Development) zoning district with approval of an Administrative Phmned Development Permit. 3. The project site is 7.41 acres and is located on the comer of Hamilton and Salmar Avenue. The tenant space is located at the south portion of the property, behind the Fry's building. The property is surrounded by commercial uses to the north, Highway 17 to the north and east, commercial uses (Home Depot) to the west, and commercial! industrial uses to the south. 4. The subject property is currently developed with the Fry's building and warehouse. 5. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 6. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 7. The hours of operation shall be restricted to Monday through Friday from 10:00 a.m. to 11 :00 p.m. and Saturday and Sunday from 7:00 a.m. to 11 :00 p.m. 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 Community Development Director further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. Attachment # 1 Page 2 of2 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the proj ect. 7. There is a reasonable relationship between the use ofthe fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #2 CONDITIONS OF APPROV AL FOR FILE NO. PLN2007-80 SITE ADDRESS: APPLICANT: DATE: 600 E. Hamilton Avenue Phu Khuu July 9,2007 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Administrative Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for an Administrative Planned Development Permit (PLN2007-80) for a change in use to a health and fitness center (badminton facility) located at 600 E. Hamilton Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on May 16, 2007, 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. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property and all conditions of approval fulfilled (if no building permit is required). Failure to meet these deadlines will result in the Administrative Planned Development Permit being void. 4. 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 Attachment #2 Page 2 of5 grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 5. Periodic Review of Use: The Community Development Director shall require a review of the Administrative Planned Development Permit upon the completion of one year of operation. Additionally, the Community Development Director may review the Administrative Planned Development Permit based upon a verified complaint filed with the Community Development Director at any time the need occurs. 6. Operational Hours: The hours of operation shall be restricted to Monday through Friday from 10:00 a.m. to 11:00 p.m. and Saturday and Sunday from 7:00 a.m. to 11:00 p.m. 7. Fencing: A six foot high design (view) fence shall be required along the Salmar Avenue frontage, subject to the approval of the Community Development Director. Note: No structures, including fences or walls, shall be located in the public right of way. 8. Landscape Plan: The applicant shall submit two (2) sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the City's Water Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Landscaping plans shall include the following: a. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a minimum of 5-gallon size. b. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. c. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings and parking areas. d. All landscape areas shall be protected by 6-inch high poured in place concrete curbs. e. All landscaping shall be installed prior to building occupancy. 9. 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. 10. 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. Attachment #2 Page 3 of5 11. 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. 12. Parking. Driveways. and Maintenance: All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. The project site shall maintain the 36 parking at all times. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. 13. Landscape Maintenance: The owner/operator of the property shall provide on-gomg maintenance of the existing on-site landscaping. 14. On-Site Lighting: 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 proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 15. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 16. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment or materials shall be stored outside the building or within the parking lot. 17. Noise: a. 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 subject use shall not be audible to a person of normal hearing capacity from any residential property. 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. 18. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and II :00 p.m. daily. Attachment #2 Page 4 of 5 19. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. Building Division: 20. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 21. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 22. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 23. 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. 24. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. Attachment #2 Page 5 of5 25. Title 24 Energy Coml'liance: 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. 26. S?ecial Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shaH 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. 27. Non-Point Source: 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" X 36") is available at the Building Division service counter. 28. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall jnclude but not be limited to accessibility to building entrances from parking facilities and sidewalks. 29. 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. 30. 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 31. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Acknowledged & Accepted: RECEIVED ~\~ Phu Khuu, Applicant JUL 1 ~~ 2007 CllY OF CAMPBELL PLANNING DEPT.