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PC Res 4303RESOLUTION NO. 4303 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2016-130) TO ALLOW THE ESTABLISHMENT OF A (SMALL) TUTORING CENTER ON PROPERTY LOCATED AT 509 E. HAMILTON AVENUE. FILE NO.: PLN2016-130 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 PLN2016-130: 1. The project site is located within an existing shopping center at the northwest corner of E. Hamilton Avenue and SB Highway 17 off-ramp. 2. The project site is zoned C-2 (General Commercial) as shown on the Campbell Zoning Map. 3. The project site is designated General Commercial as shown on the Campbell General Plan Map. 4. Surrounding uses include residential to the north, a freeway to the east, commercial to the south, and commercial and residential to the west. 5. The proposed project is a small tutoring center for children. 6. A small tutoring center is classified as a Conditional Use in the C-2 Zoning District. 7. The hours of operation shall be restricted to 9:00 AM to 9:00 PM, daily. 8. The project generates a parking demand less than the previous use, and therefore is complaint with the applicable parking standard. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable Zoning District with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The proposed use will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The proposed use will not significantly increase the demand on City services. Planning Commission Resolution No. 4303 509 E. Hamilton Ave. -Conditional Use Permit (PLN2016-130) Page 2 of 2 6. The 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. 7. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The project Categorically Exempt under Section 15303, Class 3(c) of the California Environmental Quality Act (CEQA), which exempts a change of use in a building of less than 10,000 square feet where only minor changes to the building are proposed. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2016-130) to allow the establishment of a (small) tutoring center on property located at 509 E. Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED tl• AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 28th day of June, 2016, by the following roll call vote: Dodd, Bonhagen, Finch, Kendall, Reynolds, Rich and Young None None None APPROVED: Cynth ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2016-130) 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 Approved Project: Approval is granted for a Conditional Use Permit (PLN2016-130) to allow the establishment of a small tutoring center within an existing commercial building located at 509 E. Hamilton Avenue. The project shall substantially conform to the Project Plans and the Project Description stamped as received by the Community Development Department on April 21, 2016, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Conditional Use Permit (PLN2016-130) approval shall be valid for one (1) year from the date of final approval. Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Conditional Use Permit approval being rendered void. 3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Revocation of Permit: Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 5. Operational Standards: Consistent with the submitted Project Description, operation of the small tutoring center pursuant to this Conditional Use Permit shall be required to conform to the following operational parameters. Significant deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit approved herein. a. Approved Use: The approved use is a small tutoring center as defined by the Campbell Municipal Code. b. Number of Students: The maximum number of students allowed at one time is twelve (12). c. Operational Hours: Hours of operation for the small tutoring center shall be restricted to 9:00 AM to 9:00 PM, daily, exclusive of the customary and reasonable use of the facility for administrative activity. Exhibit A -Conditions of Approval ~ 509 E. Hamilton Ave. File No. PLN2016-130 Page 2 d. Noise: Unreasonable levels of noise, sounds and/or voices, generated by the establishment or its participants shall not be audible to a person of normal hearing capacity from outside the enclosed tenant space. e. Property Maintenance: The tutoring center shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. f. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. g. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done during the approved operational hours. h. Parking: The parking lot shall be maintained in compliance with the standards in Campbell Municipal Code. All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. Parking shall be restricted for on-site uses only. Building Division: 6. Permits Required: A building permit application shall be required for the proposed Tenant Improvements to the (e) vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 9. 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. 10. 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. 11. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 12.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 Exhibit A -Conditions of Approval ~ 509 E. Hamilton Ave. File No. PLN2016-130 Paae 3 accordance with C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 13. 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. 14.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. West Valley Sanitation District (378-2407) 15. 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. 16. Stormwater Requirements: 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.