Use Permit - Martial Arts - 2007June 14, 2007
Ernie Reyes & Tony Thompson
2434 EI Camino Real
Santa Clara, CA 95051
Re: PLN2007-53 - 90 N. San Tomas Aquino Road -- Use Permit -Martial Arts Studio
Dear Applicant:
Please be advised that at its meeting of June 12, 2007, the Planning Commission
Adopted Resolution No. 3814 granting a Conditional Use Permit (PLN2007-53) to allow
the establishment of a martial arts studio on the above-referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk
by 5 p.m. on Friday, June 22, 2007. 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, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Kimberly A. rosseau
Planner II
Cc: Frank Mills, Building
Ed Arango, Public Works
Chris Veargason, Fire
Gary Gilmore Associates (Property Owners)
1201 Franklin Mall
Santa Clara, CA 95050
70 North First Street Campbell, California 9 5008-1 4 3 6 ~ Tee 408.866.2140 fAx 408.871.5140 Tin 408.866.2790
RESOLUTION NO. 3814
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-
53) TO ALLOW THE ESTABLISHMENT OF A MARTIAL ARTS SCHOOL
ON PROPERTY OWNED BY GARY GILMORE ASSOCIATES LOCATED
AT 90 N. SAN TOMAS AQUINO ROAD IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. ERNIE
REYES AND MR. TONY THOMPSON. FILE NO.: PLN2007-53.
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 PLN2007-53.
1. The proposed martial arts studio (commercial school) is consistent with the
Neighborhood Commercial General Plan land use designation.
2. The proposed martial arts studio (commercial school) will be compatible with the C-1
(Neighborhood Commercial) zoning designation with approval of a Conditional Use
Permit.
3. The project site consists of a 9,600 square feet martial arts studio in an existing multi-
tenant commercial building.
4. The project site is located on the east side of San Tomas Aquino Road, in the San
Tomas Plaza, on the corner of San Tomas Aquino Road and East Campbell Avenue.
The property is surrounded by residential uses on the north and east, and commercial
and residential on the west and south.
5. The proposed project is consistent with other developments and uses in the
surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the proposed
martial arts studio.
7. The hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m., Monday through
Sunday.
8. The hours of business shall be restricted to 9:00 a.m. to 8:00 p.m., Monday through
Sunday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3814
PLN2007-53 - 90 N. San Tomas Aquino Road -Use Permit -Martial Arts School
Page 2
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2007-53) to allow the establishment of a martial arts school on property
owned by Gary Gilmore Associates located at 90 N. San Tomas Aquino Road in a C-1-S
(Neighborhood Commercial) Zoning District.
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.
Planning Commission Resolution No. 3814
PLN2007-53 - 90 N. San Tomas Aquino Road -Use Permit -Martial Arts School
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-53) for
a new martial arts studio (Ernie Reyes' West Coast World Association) located at 90 N.
San Tomas Aquino Road. The project shall substantially conform to the project plans
and project description received by the Planning Division on April 6, 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. 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.
4. 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.
Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 10:00
p.m., Monday through Sunday. At no time shall business related activity occur between
the hours of 11:00 p.m. and 6:00 a.m.
6. Business Hours: The hours of business shall be restricted to 9:00 a.m. to 8:00 p.m.,
Monday through Sunday.
7. 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.
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.
Planning Commission Resolution No. 3814
PLN2007-53 - 90 N. San Tomas Aquino Road -Use Permit -Martial Arts School
Page 4
9. Loitering: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
10. 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.
11. Noise:
a. 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. Public address systems of all types are
strictly prohibited.
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.
c. Front and Rear Door: The front and rear doors to the business shall not remain in
an open position during business hours.
12. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 6:00 a.m.
and 11:00 p.m. daily.
13. 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. A total of 505 parking spaces will be provided.
14. Parking Lot Monitoring: All prospective clients must receive a notice advising that the
parking area to the east of the main entrance is restricted after 7:00 p.m. At no time
shall parking be allowed by patrons along the eastern property line adjacent to
alleyway after 7:00 p.m. in order to mitigate potential noise impacts to adjacent
residences. An employee of the business shall monitor the parking lot for compliance.
Building Division:
15. 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/Plumbing/Mechanical fees when such work is part of the permit.
Planning Commission Resolution No. 3814
PLN2007-53 - 90 N. San Tomas Aquino Road -Use Permit -Martial Arts School
Page 5
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
inches by 36 inches.
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 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.
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. 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.
23. Title 24 Accessibilitv -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 Accessibilitv -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.
25. PG&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. & 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:
Planning Commission Resolution No. 3814
PLN2007-53 - 90 N. San Tomas Aquino Road -Use Permit -Martial Arts School
Page 6
a. West Valley Sanitation District
b. Santa Clara County Fire Department
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
12th day of June, 2007, by the following roll call vote:
Alderete, Doorley, Ebner, Francois, Rocha and
Roseberry
None
Gibbons
None
r
APPROVED:
Michael Rocha, Chair
ATTEST: •
J ie C. oung Li ,Actin Secretary