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PC Res 2938RESOLUTION NO. 2938 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW A KARATE SCHOOL ON PROPERTY LOCATED AT 810 W. HAMILTON AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AND THE POSSIBLE RELOCATION OF USE TO 842 W. HAMILTON AVENUE WITHIN ONE YEAR. APPLICATION OF MR. ERNIE REYES. FILE NO. UP 94- 10. After notification and Public Hearing as specified by law on the application of the Mr. Ernie Reyes, on behalf of Ernie Reyes West Coast Karate, to approve a Conditional Use Permit allowing an existing karate school on property located at 810 W. Hamilton Avenue and the possible relocation of the use to 842 W. Hamilton Avenue within a one-year period, and after presentation by the Planning 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 No. UP 94-10: The proposal to establish a karate school is consistent with the General Plan and Zoning District which permit Commercial Land Uses. e The existing parking adequately addresses the parking needs of the facilities with the utilization of existing shared parking facilities throughout the commercial center. o The proposed karate school use will be complimentary to the existing shopping center and will enhance the tenant mix of the development. The proposed hours of operation are consistent with the operating hours of the existing tenants in the shopping center. Relocation of the use will not create additional impacts or demands on existing common facilities within the shopping center and will only enhance the operational characteristics of the use. Based upon the foregoing findings of fact, the Planning Commission concludes that: The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, nor will it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Resolution. No. 2938 UP 94-10 -810 & 842 W. Hamilton Avenue Adopted on September 13, 1994 Page 2 The proposed site is adequate in size and shape to accommodate the said use with uses in the surrounding area. The proposed site is adequately served by streets of suffident capadty to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Further, the applicant is 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. The lead department with which the applicant will work is identified on each condition. 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. APPROVED USE 1. Approval is granted for a 3,200 square foot tenant space in an existing building for a karate school located at 810 W. Hamilton Avenue. The proposed business shall substantially comply with the applicant's description per the attachments of the Planning Commission Report and the following Conditions with the exception of using the rear roll-up door for ventilation purposes at all times. a. Rear Roll-up Door: The rear roll-up door located at 810 W. Hamilton Avenue shall remain entirely dosed at all times without exception. b. Approval is granted for relocation of the karate school from 810 W. Hamilton Avenue to a 3,600 square foot tenant space located at 842 W. Hamilton Avenue within one year from the date of Planning Commission approval. If the use is not relocated before September 13, 1995, the Use Permit approval for this location is void. The operation at 842 W. Hamilton Avenue must conform to operational statement below unless otherwise approved by the Community Development Director. c. Conventional Doors/Rear Access: Conventional doors that access the rear parking area, at both locations, shall not be opened to provide ventilation during business hours. Conventional doors shall be used for emergency purposes, per the Uniform Building Code, to provide emergency access only. Hours of Operation: The karate school will maintain the following hours of operation: Resolution No. 2938 UP 94-10 --810 & 842 W. Hamilton Avenue Adopted on September 13, 1994 Page3 Monday - Thursday Monday & Wednesday Friday Saturday Sunday 3:15 p.m. to 8:30 p.m. 12:00 p.m. to 1:00 p.m. 3:15 p.m. to 6:15 p.m. 9:00 a.m. to 7:00 p.m. 2:00 p.m. to 7:00 p.m. Average class size: 25 - 30 students Number of Employees: 6 Sign Application: Applicant to secure any necessary sign permits as required by Section 21.52.100 of the Campbell Municipal Code. (Community Development Department) Handicapped Access: Minimum of two (2) handicapped accessible exits required from karate school (Assembly occupancy). Roll-up door does not qualify as an exit unless it has a man-door. (UBC T-344, 3304H) (Building Division) Tenant Improvements/Building Permits: Existing or future tenant improvements are subject to issuance of building permits and final dearance prior to occupancy. (Building) ,. Relocation: Should the use not be relocated to 842 W. Hamilton Avenue within the time period prescribed herein, the use shall operate at 810 W. Hamilton Avenue in compliance with all terms and conditions stated in the conditions of approval at all times or the use permit may be subject to revocation and/or legal action may be taken to gain compliance. PASSED AND ADOPTED this 13th day of September, 1994, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Kearns, Lindstrom, Meyer- Kennedy, Perrine NOES: Commissioners: None ABSTAIN: Commissioners: Lowe ~..~. // Jay Per,line, C airperson c/ Ste~-~ Phseck~, S~cretary