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PC Res 4157RESOLUTION NO. 4157 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL Use Permit (PLN2014-56) WITH PARKING MODIFICATION PERMIT (PLN2014-156) TO ESTABLISH A LARGE STUDIO (SWIM SCHOOL) WITHIN AN EXISTING SHOPPING CENTER (SAN TOMAS PLAZA) AT 96 N. SAN TOMAS AQUINO ROAD. 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 file numbers PLN2014-56 & PLN2014-156: The project site is zoned C-1 (Neighborhood Commercial) and is designated with a Neighborhood Commercial land use designation by the General Plan. 2. A swim school is considered a "large studio", subject to approval of a Conditional Use Permit, consistent with CMC 21.46. 3. The project site is located within an existing shopping center on the north side of W. Campbell Avenue and east of N. San Tomas Aquino Road. 4. The proposed swim school would occupy a 14,746 square-foot existing tenant space previously occupied by D&J Hobby (retail craft store). No expansion of the existing building is proposed. 5. The project site has 521 shared parking spaces where 537 are required for the existing and proposed uses onsite. Despite the reduction of two additional parking spaces, the number of parking spaces necessary to serve the use would be satisfied by the proposed number of parking spaces, as supported by review of the applicant's documentation. 6. Policies found within the Campbell General Plan articulate a desire to promote and allow change consistent with reinforcing positive neighborhood values and protecting the integrity of the city's neighborhood, encouraging neighborhood serving commercial uses within walking distance of residential uses, and attracting and maintaining a variety of uses that create an economic balance within the city while providing high quality services to the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 2 2. The proposed use, as conditioned, is consistent with the General Plan. 3. As conditioned, 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. As conditioned, 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, as conditioned, 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, as conditioned, 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. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood or the city as a whole. 9. As conditioned, the establishment will not significantly increase the demand on city services. 10. Due to the unique nature and circumstances of the project, or special development features, the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standards, and would be satisfied by the existing or proposed number of parking spaces, as supported by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision-making body. 11. Conditions of approval have been incorporated into the project to ensure the long- term adequacy of the provided off-street parking. 12. Approval of the parking modification permit will further the purpose of Campbell Municipal Code Chapter 21.28. Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 3 13. The project is Categorically Exempt under Section 15301 Class 1 of the California Environment Quality Act (CEQA), pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2014-56) with Parking Modification Permit (PLN2014-146) to establish a large studio (swim school) within an existing shopping Center (San Tomas Plaza) at 96 N. San Tomas Aquino Road. 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2014-56) and Parking Modification Permit (PLN2014-156) to allow a new swim school with reduced parking requirements located at 94 N. San Tomas Aquino Road. The project shall substantially conform to the Project Plans and Project Description, stamped as received by the Planning Division on March 28, 2014 and February 21, 2014, respectively, except as may be modified by the conditions of approval contained herein. 2. Conditional Use & Parking Modification Permit Approval Expiration: The Conditional Use & Parking Modification Permit approved herein shall be valid for one year from the date of final approval (expiring June 24, 2014). Within this one-year period, the large studio use (swim school) shall be established on site. The entitlement approval shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit and Parking Modification Permit approved herein. 3. Signage: No signage has been approved as part of this application. 4. Operational Parameters: Consistent with the submitted Project Description, a large studio business operating pursuant to the Conditional Use Permit approved herein Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 4 shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit and/or Parking Modification Permit approved herein. a. Approved Use: The approved use is a swim school offering group classes ("large studio" as defined by the Campbell Municipal Code) with ancillary retail and deli/snack bar. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 6:00 AM -10:00 PM, daily ii. Business/Public Hours 6:30 AM - 9:30 PM, daily c. Capacity: No more than 87 students (including students waiting) and 21 staff are permitted on site at any time. The number of students receiving active instruction at any time shall be limited to 40 students in the pool and 18 students in the multipurpose exercise room. Large competitions/events exceeding the staff/student maximums are prohibited without a prior written authorization from the Director of Community Development. d. Transition Between Classes: Classes shall be staggered such that half of the classes start and end at least 15 minutes apart to prevent congestion of the building and parking lot. Under maximum operating capacity, there shall be no more than 20 swim students entering and 20 swim students exiting the building at any time. e. 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. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition. f. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. • The applicant shall plant one (1) 24-inch box tree of an appropriate species (e.g. not a fruit tree) to be determined by the Director of Community Development to replace the dead tree in the park island in front of the tenant space. The replacement tree shall be planted within 30 days of the effective Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 5 date of this approval, unless accepted arboricultural practices dictate a preferential planting period for the species chosen as the replacement tree. g. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use or associated pool equipment/pumps shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors shall be kept closed. At the discretion of the Community Development Director, if the use generates three (3) verifiable complaints related to violations of conditions of approval and/or related to noise within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: i. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; ii. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; and iii. Violation of conditions of approval. h. Parking Management: In the event that three (3) verifiable complaints are received by the city regarding parking, the Community Development Director may reduce the number of persons permitted per class, reduce the number of classes offered, limit the hours of operation, require additional parking management strategies and/or bring the permit back to the Planning Commission for review. i. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC 6.11.060. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 6:00 AM and 11:00 PM daily. A refuse and recycling enclosure shall be constructed consistent with the approved Revised Project Plans, in compliance with CMC Sec. 21.18.110, which shall also include a roof covering and sanitary drain connection. Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 6 k. Outdoor Activity: No outdoor activity is permitted in association with the establishment. 5. Loading/Unloading Zone: Two (2) parking spaces, located directly in front of the proposed tenant space, shall be identified with 10 minute parking signs for the purpose of passenger loading and unloading. 6. Revocation of Permit: Operation of a "large studio" pursuant to the Conditional Use Permit and Parking Modification Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit or Parking Modification Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit or Parking Modification Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit and/or Parking Modification Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. Building Division 7. Permits Required: A building permit application shall be required for the proposed Assembly Swim School Use in the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 9. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 7 10. 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. ll. 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. 12. 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. 13. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 14. Non-Point Source Pollution: 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. 15. 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. 16. 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. 17. 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 c. Santa Clara County Department of Environmental Health d. San Jose Water Company (279-7900) 18. 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 Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 8 in the approval process. Applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. Santa Clara County Fire Department l8. Review: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 19. Fire Sprinklers: Since the existing building is equipped with a fire sprinkler system, any interior modifications may require modifications to the fire sprinkler system. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Section R313.2 as adopted and amended by CBLMC 20. Fire Protection Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 21. Hazardous Materials: The pool chemical system may require separate application and approval process. Contact this office and ask to speak to our HAZMAT section. 22. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street Planning Commission Resolution No. 4157 PLN2014-56/PLN2014-156 - 96 N. San Tomas Aquino Road Conditional Use Permit and Parking Modification Permit Page 9 intersection when construction of new roadways allows passage by vehicles in accordance with CFC Section 501.4 23. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33 24. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 25. Plans Not Approved: To prevent plan review and inspection delays, the above noted Developmental Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. PASSED AND ADOPTED thi; AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: 24th day of June, 2014, by the following roll call vote: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and Young None None None APPROVED: ~`~- ~ `~~~,~_ °-'~ ~ Paul Resnikoff, Chair l~ , /~ , ATTEST: ~ ~ ~ // Paul erm yan, Secretary