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PC Res 4380RESOLUTION NO. 4380 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2017-68) TO ALLOW A SMALL TUTORING CENTER ON PROPERTY LOCATED AT 281 E. HAMILTON AVENUE, STE. 10 IN THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. 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 PLN2017-68: 1. The project site is located within an existing professional office complex (Hamilton Professional Center) on the northern side of E. Hamilton Avenue, between Winchester Boulevard and N. Central Avenue. 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. The project site is bordered by single family residential uses to the north and commercial and professional office uses to the east, west, and south. 5. The project site is developed with a one-story multi-tenant professional office complex. 6. No exterior modifications to the building are proposed in conjunction with the proposed small tutoring center. 7. The proposed business is considered a "tutoring center, small", subject to approval of a Conditional Use Permit consistent with CMC 21.46. 8. The subject tenant space, Suite 10, is 701 square feet in gross floor area. 9. The hours of business shall be restricted to 11:00 AM to 7:00 PM, daily. 10. The hours of operation shall be restricted to 10:00 AM to 8:00 PM, daily. 11. The proposed small tutoring center results in a parking demand of four parking spaces. 12. The center has a total of 57 spaces (54 standard; 3 accessible) shared by all tenants. Planning Commission Resolution No. 4380 Page 2 of 3 PLN2017-68 ~ 281 E. Hamilton Avenue, Ste. 10 -Conditional Use Permit 13. When calculating the parking demand of the entire center, there is a net surplus of five (5) parking spaces on the project site. As such, pursuant to the City's Parking and Loading Ordinance, adequate parking exists on site. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The project will aid in the harmonious development of the immediate area. 2. The proposed project is consistent with the General Plan. 3. 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. 4. 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. 5. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 6. 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. 7. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 8. The establishment, maintenance, or operation of the proposed use 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. 9. The proposed use will not significantly increase the demand on City services. 10. The project qualifies as a Categorically Exempt project 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. 11. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2017-68) to allow a small tutoring center establishment on property located at 281 E. Hamilton Avenue, Ste. 10, subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 4380 Page 3 of 3 PLN2017-68 ~ 281 E. Hamilton Avenue, Ste. 10 -Conditional Use Permit PASSED AND ADOPTED this 9th day of May, 2017, by the following roll call vote: AYES: Commissioners: Kendall, Hernandez, Rivlin, Young, Rich, Dodd NOES: Commissioners: ABSENT: Commissioners: Reynolds ABSTAIN: Commissioners: A~~ROVED. ~ Yvonne Kendall, Chair ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2017-68) 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 (PLN2017-68) to allow a small tutoring center establishment on property located at 281 E. Hamilton Ave., Ste. 10. The project shall substantially conform to the written business description received by the Planning Division on March 28, 2017 and project plans received by the Planning Division on April 19, 2017, except as may be modified by the Conditions of Approval contained herein. 2. Conditional Use Permit Expiration: The Conditional Use Permit approved herein shall be valid for one year from the date of final approval (expiring May 19, 2018). Within this one-year period, the small tutoring center use 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 approved herein. 3. Approved Use: The approved use is a small tutoring center as defined by the Campbell Municipal Code. 4. Business License: A valid City business license shall be maintained at all times that the business is in operation. 5. Sign Permit: An application for a sign permit from the Planning Division and building permit from the Building Department will be required for all new signage. 6. Hours of Operation: The business hours that the establishment may be open to the public are limited to 11:00 AM to 7:00 PM, daily. The business's operating hours, when employees may be on site, shall be limited to 10:00 AM to 8:00 PM daily. 7. 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 placed on the property. Exhibit A -Conditions of Approval Page 2 of 3 PLN2017-68 ~ 281 E. Hamilton Avenue, Ste. 10 -Conditional Use Permit 8. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell or any laws of the State of California applicable to operation of the business, shall be grounds for consideration of revocation of this approval by the Planning Commission. 9. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. 10. 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. Building Division: 11. Permits Required: A building permit application shall be required for the proposed Tenant Improvements to the existing vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. 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. 15. 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. 16. Title 2 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. 17. 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, Exhibit A -Conditions of Approval Page 3 of 3 PLN2017-68 ~ 281 E. Hamilton Avenue, Ste. 10 -Conditional Use Permit in accordance with C.B.C Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. 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. 19. 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 public sidewalks. 20. 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) 21. 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. 22. Storm Water 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.