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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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Conditional Use Permit and Parking Modification Permit
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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
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ATTEST: ~ ~ ~ //
Paul erm yan, Secretary