PC Res 3582
RESOLUTION NO. 3582
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-89) TO ALLOW THE ESTABLISHMENT OF A CULINARY
SCHOOL CONSISTING OF APPROXIMATELY 19,153 SQUARE FEET
WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY
OWNED BY MR. SCOTT COOLEY LOCATED AT 700 W. HAMILTON
AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
APPLICATION OF MR. DAVID KORB, ON BEHALF OF THE
PROFESSIONAL CULINARY INSTITUTE. FILE NO.: PLN2004-89.
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 application PLN2004-89:
1. The proposed establishment of a culinary school within an existing commercial building will
result in a use that is consistent with the General Commercial General Plan land use
designation for the site.
2. The proposed establishment of a culinary school within an existing commercial building will
result in a use that is consistent with the C-2-S (General Commercial) Zoning designation for
the site with approval of a Conditional Use Permit.
3. The project site consists of a 3.96-acre lot, with 11% building coverage, 64% pavmg
coverage and 25% landscaping coverage.
4. The proposed use is located within an existing three story commercial building and is
compatible with the shared uses in the building and the uses surrounding the project. The
proposed school will occupy approximately 19,153 square feet of building area.
5. The existing 270 parking spaces will adequately address the parking needs of the proposed
use based upon the concept of shared parking and the unique characteristics of a culinary
school.
6. The school hours shall be restricted to 7:00 a.m. to 10:00 p.m. daily.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class I (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3582
PLN2004-89 - 700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute
Page 2
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. 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.
4. The proposed use is compatible with the uses in the area.
5. The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
6. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
8. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
9. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2004-89) to allow the establishment of a culinary school consisting of
approximately 19,153 square feet within an existing commercial building on property owned by
Mr. Scott Cooley located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning
District, subject to the following conditions.
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 Commission Resolution No. 3582
PLN2004-89 -700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planninl! Division:
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2004-89) to allow
the establishment of a culinary school within an existing commercial building on property
located at 700 W. Hamilton Avenue. The project shall substantially conform to the plans
stamped as received by the Planning Division on July 21, 2004, except as may be modified
by the conditions of approval contained herein and the following description:
a. The square footage of the school shall be limited to 19,153 square feet
b. The school shall be limited to seven (7) classrooms, two (2) demonstration kitchens,
library and administrative support facilities.
c. Typical class sizes shall be limited to 16 students with one instructor.
d. Special events may be held on weekends and evenings.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property and the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
3. 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 shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
4. Operational Hours: The operational hours shall be limited to 7:00 a.m. to 10:00 p.m.
Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday and Sundays.
5. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 of the Campbell Municipal Code.
6. Review of Parking Impacts: If at any time the Community Development Director determines
that parking demand is in excess of parking available on site, the Community Development
Director may immediately take the following actions prior to setting a review date before the
Planning Commission:
a. Place limitations on occupancy.
b. Require the provision of additional parking and/or
c. Require the preparation of a Parking Management Plan that incorporates carpooling,
shuttles and other mitigation measures.
Planning Commission Resolution No. 3582
PLN2004-89 -700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute
Page 4
7. Signage: No signage is approved as part of the development application approved herein.
No sign shall be installed until a Sign Permit is approved as specified in Chapter 21.30 of the
Campbell Municipal Code.
Buildinl! Division:
8. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
11. 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.
12. 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 oftravel to public sidewalks shall be detailed.
13. 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.
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Non-Point Source Provisions: 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.
16. 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.
17. 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.
Planning Commission Resolution No. 3582
PLN2004-89 -700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute
Page 5
18. 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
19. 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.
FIRE DEPARTMENT
20. Extent of Review: Review of this proposal is limited to accessibility 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.
21. Building Permits: Prior to Building Permit application, the Architect shall reflect compliance
with the 2001 California Fire and Building Code relative to exiting, are or occupancy
separations, and alarm system installations as may be appropriate.
22. Fire Sprinkler System: The existing fire sprinkler system within the building shall be
modified to accommodate the new building design. A State of California licensed fir
protection contractor shall submit three (3) sets of plans, calculations, and a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work.
PASSED AND ADOPTED this 14th day of September, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
ATTEST: ~~ ~
,
Sharon Fierro, Secretary