Admin PD - Comm School - 2010January 20, 2010
Vikki Bristol-Huntimer
298 Meadow Pine Place
San Jose, CA 95125
Re: File No: PLN2009-123
Address: 440 Marathon Drive
Application: Administrative Planned Development Permit
Dear Ms. Bristol-Huntimer:
On January 20, 2010, the Community Development Director conditionally approved your
Administrative Planned Development Permit to allow the establishment of a commercial school
(Jazzercise) use within an existing commercial tenant space on property located at the above
referenced property in the P-D (Planned Development) Zoning District. This 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 February 1, 2010.
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
encl: Conditions of Approval for File No. PLN2009-123
cc: Paul Kermoyan, Planning Manager
CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-123
SITE ADDRESS: 440 Marathon Drive
APPLICANT: Vikki Bristol-Huntimer
DATE: January 20, 2010
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
Declaration of Acceptance of All Conditions: Within thirty (30) days of Community
Development Director Approval, the applicant and all parties in interest shall sign one (1) copy
of the final, approved set of Conditions of Approval. Until said Conditions are signed, the
approved Administrative Planned Development Permit shall not be valid for any permits sought
from the City.
Acknowledged & Accepted:
Vikki Bristol-Huntimer Date
2. Approved Project: Approval is granted for an Administrative Planned Development Permit
(PLN2009--123) for a change in use to a commercial school (Jazzercise) located at 440
Marathon Drive. The project shall substantially conform to the project plans dated as received
on September 22, 2009, revised on November 16, 2009, and operational description dated as
received by the Planning Division on November 16, 2009, except as may be modified by the
conditions of approval contained herein.
3. Business License Required: The use approved herein shall not be established until issuance of a
Business License has been granted.
4. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned
Development Permit, applicants shall be required to a sign the final approved set of Conditions
of Approval.
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5. 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 business license must be obtained and the use established on the
property and all conditions of approval fulfilled. Failure to meet this deadline will result in the
Administrative Planned Development Permit being void.
6. 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.
7. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11:00 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.
8. Business Hours: The hours of the business open to the public shall be restricted to 7:00 a.m. to
10:00 p.m., Monday through Sunday. At no time shall classes be held before 7:00 a.m. and after
10:00 p.m.
9. Class Times: Classes shall be staggered to provide a fifteen (15) minute separation between
sessions to allow vehicular traffic and use of on-site parking to dissipate.
10. Class/Testing Activity Size: Classes shall be restricted to no greater than 20 students in size
during the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. Classes shall be restricted
to no greater than 40 students during the hours of 6:00 p.m. and 10:00 p.m. Monday through
Friday and 7:00 a.m. to 10:00 p.m. Saturdays and Sundays.
11. Number of Classes/Testing Activities: There shall be only one class held at any given time.
12. Complaints: In the event that a substantiated parking complaint is received, the Community
Development Director may immediately modify the size of classes and/or limit the hours of
business.
13. Class Location: All classes and any instruction associated with the use shall be located indoors.
14. 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.
15. Si na e: 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.
16. Loitering: There shall be no loitering allowed outside the business. The business owner is
responsible for monitoring the premises to prevent loitering.
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17. 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.
18. 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. 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 7:00 a.m. and 8:00
p.m. daily.
d. Parkin 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 57 parking spaces will be provided.
Building Division
19. Permits Required: A building permit application shall be required for the proposed tenant
improvements in the (e) vacant commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
21. Size of Plans: The minimum size of construction plans submitted for building permits shall be
24 in. X 36 in.
22. 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.
23. Site Plan: Application for building permit shall include a competent site plan that identifies
property 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.
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24. Title 24 Energ~pliance: 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.
25. ~ecial 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms
from the Building Inspection Division Counter.
26. 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.
27. 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.
28. 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.
29. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
• West Valley Sanitation District
Santa Clara County Fire Department
30. 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.
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