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Admin PD - 2009May 20, 2009 Dr. Kobad Bugwadia 831 Upton Way San Jose, CA 95136 Re: Administrative Planned Development Permit 1~ ile No: PLN2009-043 25111 V~'inehester Boulevard Dear Dr. Budwadia, The Community Development Director has conditionally approved your Administrative Planned Development Permit on May 20, 2009 to allow the establishment of a commercial school (math t storing center) within an existing commercial tenant space on property located at 2~ 11 Winchester Boulevard. Tha approval 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 May 30, 2009. , Please note that pursuant to Planning Division Condition of Approval #1, a signed copy of the attached Conditions of Approval must be received by the Planning Division within thirty days of the Community Development Director's decision. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2142 or by email at stevep@cityofcampbell.com. Sincerely Steve Prosser Associate Planner enel: Conditions of Approval for File No. PLN2009-043 cc: Kirk Heinrichs, Community Development Director CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-43 SITE ADDRESS: 2511 Winchester Boulevard APPLICANT: Kobad Bugwadia DATE: May 20, 2009 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: Planning Division 1. 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. Acknowledged & Accepted: Kobad Bugw is D e 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-43) for a change in use to a commercial school (math tutoring center), located at 2511 Winchester Boulevard. The project shall substantially conform to the project plans and project description received by the Planning Division on April 06, 2009, except as may be modified by the Conditions of Approval contained herein. 3. Planning Final Required: 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 4. 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 two years 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. 5. 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 grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 6. Operational Hours: The hours of operation shall be restricted to Monday through Sunday from no earlier than 10:00 AM, and no later than 8:00 PM. 7. Class Location: All tutoring services shall be located indoors. 8. Number of Students and Instructors: The maximum number of students allowed on site at any one time is six. The maximum number of instructors allowed on site at any one time is two. 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. SiSi 7~nage: 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. 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 Drivew~s 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 628 parking spaces 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-going maintenance of the existing on-site landscaping. 14. On-Site Li hg tiny: 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. 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 Mana eg ment: 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 10:00 a.m. and 8:00 p.m. daily. 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. £ 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 "tutoring center" tenant improvement to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical 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. 25. 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. 26. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix 1, Section 106. 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 include 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. Fire Department 32. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 33. Interior Remodel: Any interior remodel must be reviewed by the fire department prior to construction. 34. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 35. Exits and Pathways: Exits and pathways much be clearly marked and maintained unobstructed at all times.