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.