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PC Res 4197RESOLUTION NO. 4197 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2014-258) TO ALLOW THE ESTABLISHMENT OF A HEALTH SPA AND AN ADDITION AND REMODEL TO AN EXISTING ONE-STORY COMMERCIAL BUILDING AT 36 RAILWAY AVENUE WITH OFFSITE PARKING AT 40 RAILWAY AVENUE. FILE NO: PLN2014-258 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2014-258: Environmental Finding The project is Categorically Exempt under Section 15060(c)(2) of the California Environmental Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment and under Section 15301 Class 1 of the California Environmental 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. Evidentiary Findings The proposed Administrative Planned Development Permit will allow the establishment of a health spa (d.b.a. Float Station) and an addition and remodel to an existing one- story commercial building at 36 Railway Avenue with offsite parking at 40 Railway Avenue. 2. The project site encompasses two abutting properties, 36 & 40 Railway Avenue, located on the east side of Railway Avenue south of E. Campbell Avenue and north of Orchard City Drive. 3. The project site comprises .18 acres (both properties combined). 4. The project site is zoned P-D (Planned Development). 5. The project site has a General Plan designation of Medium-High Density Residential /Commercial. 6. The project site is subject to, and located within, the South of Campbell Avenue Area Plan, Sub-Area 1. 7. The proposed project would be consistent with the following General Plan policies and strategies: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-7.2n: Consistency with Plans: Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details, and adopted Streetscape Standards to create a cohesive design. Planning Commission Resolution No. 4197 36 & 40 Railway Avenue Approving an Administrative Planned Development Permit (PLN2014-258) Page 2 of 3 Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Policy LUT-11.2a: Services Within Walking Distance: Encourage neighborhood serving commercial and quasi-public uses, such as churches, schools, and meeting halls to locate within walking distance of residential uses. Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Policy LUT-16.1: Land Use: Allow commercial, industrial and / or residential land uses in accordance with the adopted plan for each subarea (see SOCA plan in Appendix A). Policy LUT-16.2: Building Orientation: Orient buildings to a public street. Policy LUT-16.3: Building and Site Design: Encourage high quality building and site design in the SOCA Area. Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. 8. Whereas the Campbell Municipal Code does not provide a formal definition of a health spa, the use which offers water baths (individual floatation chambers) for the purposes of promoting general health and well-being to be consistent with the classification. 9. Whereas the Campbell Municipal Code does not have an established parking standard for a health spa, the operational characteristics of the use are the most complementary to a general service use. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification. 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Planning Commission Resolution No. 4197 36 & 40 Railway Avenue Approving an Administrative Planned Development Permit (PLN2014-258) Page3of3 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit to allow the establishment of a health spa (d.b.a. Float Station) and an addition and remodel to an existing one-story commercial building at 36 Railway Avenue with offsite parking at 40 Railway Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 24th day of March, 2015, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: Reynolds, Kendall, None Finch None Young, Bonhagen, and Dodd ATTEST: ~.,~C ~ ,'~'~'~ APPROVED: ~ A ;~ ~~, i~ Dodd, Acting Chair ,, Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2014-258) 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. Planning Division Approved Project: Approval is granted for an Administrative Planned Development Permit to allow the establishment of a health spa (d.b.a. Float Station) and an addition and remodel to an existing one-story commercial building at 36 Railway Avenue with offsite parking at 40 Railway Avenue. The project shall substantially conform to the Project Plans dated as received by the Planning Division on March 12, 2015, except as may be modified by the Conditions of Approval herein. 2. Permit Expiration: The Modification to the previously approved Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. 3. Operational Parameters: Consistent with the submitted Project Description, a health spa operating pursuant to the Administrative Planned Development Permit approved herein shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a new Administrative Planned Development Permit. a. Approved Use: The approved use is a "health spa" which offers water baths (individual floatation chambers) for the purposes of promoting general health and well-being. This is intentionally and deliberately considered distinct from a "personal service" use, which is not to be considered consistent or authorized an alternative use of the property pursuant to this entitlement. b. Lounge: No couches or beds shall be permitted in the post float lounge area. c. Float Rooms: No more than one patron shall be permitted in a float room at any time. d. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 7:00 AM - 10:00 PM, Daily ii. Business/Public Hours 8:00 AM - 9:00 PM, Daily Conditions of Approval ~ 36 & 40 Railway Avenue Administrative Planned Development Permit - PLN2014-258 Page 2 of 7 e. Capacity: No more than five (5) customers and three (3) staff are permitted on site at any time. Special events exceeding the customer/staff maximums are prohibited without a prior written authorization from the Director of Community Development. f. 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. g. Boston Ivy: The proposed ivy shall be a "Boston Ivy" or other appropriate species determined to match the adjoining Roadsport building to the north. h. 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. Traffic/Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking or traffic, 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 or traffic management strategies and/or bring the permit back to the Planning Commission for review. 4. Revocation of Permit: Operation of a "health spa" pursuant to the Administrative Planned Development 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 the Administrative Planned Development 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 Administrative Planned Development 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 the Administrative Planned Development 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. Conditions of Approval ~ 36 & 40 Railway Avenue Administrative Planned Development Permit - PLN2014-258 Page 3 of 7 5. 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. 6. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 7. Parking Lot Paving: The parking lot shall be paved with black asphalt, where concrete has been proposed. 8. Reciprocal Parking and Access Covenant: Prior to submittal of building permits, a covenant running with the land shall be recorded by the owner to both 36 & 40 Railway Avenue guaranteeing that four (4) parking spaces will be maintained for the life of the use and activity served. The covenant shall include language to allow for reciprocal access between the two properties for general access and vehicular circulation, as well as flexibility to allow the required parking spaces to be reassigned or relocated within the development in the event the property is redeveloped. The covenant shall be required to be reviewed and approved by the City Attorney prior to issuance of building permits. 9. Window Shades: The window shades shall be comprised of matching transparent panels. The panels shall be kept level and repaired as needed to prevent them from resting at an angle. 10. signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 11. Architectural Refinements: Architectural refinements to the project that would not substantially alter the design as determined by the Community Development Director, may be administratively reviewed and approved by the Community Development Director as part of the review of construction plans for a building permit. 12. Parking 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. Parking spaces shall be free of debris or other obstructions. BUILDING DIVISION 13. Permits Reauired: A building permit application shall be required for each proposed Tenant Improvements to the existing commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Conditions of Approval ~ 36 & 40 Railway Avenue Administrative Planned Development Permit - PLN2014-258 Paae 4 of 7 14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 16. 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. 17. 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. 18. Title 24 Energy Compliance: California Title 24 Energy 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. 19. 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 Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 20. Non-Point Source Pollution Control: 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. 21. Title 24 Accessibilitv -Commercial: On site general path of travel shall comply with the latest California 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and public sidewalks. 22. Title 24 Accessibilitv -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. 23. Title 24 Accessibilitv -Commercial: This proposed business will need to show how the "Floatation" experience is fully accessible. (Showers, Tanks, etc.) 24. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Santa Clara County Department of Environmental Health Conditions of Approval ~ 36 & 40 Railway Avenue Administrative Planned Development Permit - PLN2014-258 Paae 5 of 7 25. P.G. & E.: The applicant is advised to contact Pacific Gas and Electric 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. The applicant should also consult with P.G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 26. Storm Water Reauirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. FIRE DEPARTMENT 27. 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. 28. Emergency Evacuation Plan: An emergency evacuation plan must be prepared and reviewed by this office. Employees must be trained to follow said procedures in the event that patrons must evacuate the building. CFC Sec. 401 PUBLIC WORKS DEPARTMENT 29. Response Letter: Upon submittal of the Street Improvement Plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. 30. Plan Revisions: Prior to building permit submittal, the following revisions shall be incorporated into the project plans: a. New driveway must be ADA compliant (i.e. minimum of 4 foot wide sidewalk at 2% maximum cross slope). With an existing sidewalk width of 7 feet, this leaves only 3 feet to ramp up from the street to the sidewalk -potentially bottoming out vehicles entering and leaving the parking lot. Consider installing a portion of the sidewalk portion on-site behind the driveway and grant a sidewalk easement to the City. b. Update sheet A1.01 to relocate existing tree in conflict with proposed driveway c. Document changes to impervious area on plan to confirm that new and reconstructed impervious area will be less than 5,000 square feet and therefore not trigger the C.3 requirements for a regulated project. 31. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. Conditions of Approval ~ 36 & 40 Railway Avenue Administrative Planned Development Permit - PLN2014-258 Pape 6 of 7 32. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre. 33. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 34. Water Meter(s) and Sewer Cleanout(s): Any upgraded or proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of- way line. 35. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 36. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 37. Street Improvement Agreement /Plans /Encroachment Permit /Fees /Deposits Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered Civil Engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. Conditions of Approval ~ 36 & 40 Railway Avenue Administrative Planned Development Permit - PLN2014-258 Page 7 of 7 b. Removal of existing driveway approaches and necessary sidewalk, curb and gutter. c. Installation of City standard curb, gutter, and sidewalk consistent with existing sidewalk along Railway Avenue. d. Installation of City standard ADA compliant driveway which may require a sidewalk easement to accommodate the needed ADA sidewalk through the driveway. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. f. Construction of conforms to existing public and private improvements, as necessary. g. Relocation of existing street tree. h. Submit final plans in a digital format acceptable to the City. 38. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 39. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.