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PC Res 4444RESOLUTION NO. 4444 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2017-383) AND PARKING MODIFICATION PERMIT (PLN2018-139) TO ALLOW TWO COMMERCIAL SCHOOLS (D.B.A. CALIFORNIA SOUTH BAY UNIVERSITY & TRITON INSTITUTE) -WITH A REDUCED NUMBER OF PARKING SPACES ON PROPERTY LOCATED AT 577 SALMAR AVENUE. 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 PLN2017-383 & PLN2018-139: 1. The project site is zoned C-2 (General Commercial) and is designated with a General Commercial land use designation by the General Plan. 2. A "commercial school" is subject to approval of a Conditional Use Permit, consistent with CMC 21.46, in the C-2 Zoning District. 3. The project site consists of a single rectangular parcel located 'on the east side of Salmar Avenue, south of Hamilton Avenue, and west of Harrison Avenue. 4. The site is developed with atwo-story office building with surface level parking along the front (east), interior (south), and rear (west) sides of the property. 5. The proposed commercial schools (d.b.a. California South Bay University & Triton Institute) would occupy a 6,266 square-foot tenant space located on the ground floor of an existing two-story commercial building. No expansion of the existing building is proposed. 6. While the applicant's proposal is for anon-sales tax generating use, the business would not displace a previous sales tax generating use (previously a law office), or occupy a tenant space that would be well suited for the retail activity (the building is an office building; deeply recessed from the street and lacks storefront glazing/windows). 7. The project site has 52 shared parking spaces. 8. Exterior improvements include adding a new accessible path of travel to the public sidewalk and removing an unpermitted cargo container. Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking Modification Permit Page 3 of 4 9. Policies found within the Campbell General Plan articulate a desire to promote and allow change consistent with reinforcing positive neighborhood values and protecting the integrity of the city's neighborhood, encouraging neighborhood serving commercial uses within walking distance of residential uses, and attracting and maintaining a variety of uses that create an economic balance within the city while providing high quality services to the community. Based upon the foregoing findings of fact the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use, as conditioned, is consistent with the General Plan. 3. As conditioned; 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. 4. As conditioned, 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. 5. The design, location, size, and operating characteristics of the proposed use, as conditioned, are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use, as conditioned, 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. Parking Modification Permit Findinas (CMC Sec. 21.28.050): 7. Due to the unique nature and circumstances of the project, or special development features, the ariticipated number of parking spaces necessary to serve the use or structure is less than that required by the. applicable off-street parking standards, and would be satisfied by the existing or proposed number of parking spaces, as supported by review of the applicant's documentation and/or a parking demand study Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking.Modification Permit Page 4 of 4 prepared by a qualified transportation engineer accepted by the decision-making body. 8. Conditions of approval have been ,incorporated into the project to ensure the long- term adequacy of the provided off-street parking. 9. Approval of the parking modification permit will further the purpose of Campbell Municipal Code Chapter 21.28. Environmental Findings (CMC Sec. 21.38.050): 10. The project is Categorically Exempt under Section 15301 Class 1 of the California Environment 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2017-383) with Parking Modification Permit (PLN2018-139) to allow two commercial schools with a reduced number of parking spaces on property located at 577 Salmar Avenue, subject to the Conditions of Approval set forth in "Exhibit A" (attached). PASSED AND ADOPTED this 26th day of June, 2018, by the following roll call vote: AYES: Commissioners: Ching, Dodd, Hernandez, Rich NOES: Commissioners: ABSENT: Commissioners: Krey, Ostrowski, Rivlin ABSTAIN: Commissioners: ATTEST: nPpRnVED Michael Rich, Chair Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2017-383) Parking Modification Permit (PLN2018-139) 577 Salmar Avenue 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 (PLN2017-383) and Parking Modification Permit (PLN2018-139) to allow two commercial schools with a reduced number of parking spaces on property located at 577 Salmar Avenue. The project shall substantially conform to the Project Plans and Project Description, stamped as received by the Planning Division on April 23, 2018, except as may be modified by the conditions of approval contained herein. 2. Conditional Use & Parking Modification Permit Approval Expiration: The Conditional Use & Parking Modification Permit approved herein shall be valid for one year from the date of final approval (expiring July 6, 2019). Within this one-year period, the use (commercial school) 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 and Parking Modification Permit approved herein. Failure to maintain a business license or have sales receipts demonstrating continued operation of the use for a twelve month period shall be considered grounds for abandonment, discontinuation, and/or ceasing of operation. 3. Signage: No signage has been approved as part of this application. 4. Supersede: The subject permit serves to supersede the previously approved conditional use permit (UP88-09) in its entirety, incorporating the original building approval and architectural drawings by reference. 5. Operational Parameters: Consistent with the submitted Project Description, a commercial school operating pursuant to the Conditional Use 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 Modification to the Conditional Use Permit and/or Parking Modification Permit approved herein. Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking Modification Permit Page3of7 a. Approved Use: The approved use is a "commercial school" as defined by the Campbell Municipal Code). b. Age Restrictions: Students shall be 18-years of age or older. c. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 6:00 AM - 10:00 PM, daily ii. Business/Public Hours 6:30 AM - 9:30 PM, daily d. Capacity: No more than 30 students.(including students waiting) and 4 staff are permitted on site at any time. Special events (e.g. graduations) exceeding the staff/student maximums are prohibited without a prior written authorization from the Director of Community Development. e. Transition Between Classes: Class times shall be staggered to ensure the start and end of classes occur at least 15 minutes apart to prevent congestion of the building and parking lot. , 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. 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. h. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, 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 property. All exterior doors including entry doors shall be kept closed. Parking Management: In the event that three (3) verifiable complaints are received by the city regarding parking, 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 management strategies and/or bring the permit back to the Planning Commission for review. Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking Modification Permit Page 4 of 7 j. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC 6.11.060. k. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or ea"rly morning hours. All trash removal shall be done between 6:00 AM and 11:00 PM daily. A refuse and recycling enclosure shall be constructed consistent with the approved Revised Project Plans, in compliance with CMC Sec. 21.18.110, which shall also include a roof covering and sanitary drain connection. Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. I. Outdoor Activity: No outdoor activity is permitted in association with the establishment. 6. Revocation of Permit: Exercise of this Approval is subject to CMC .Chapter 21.28 (Revocations and Modifications) authorizing the appropriate decision-making body to modify or revoke the Conditional Use Permit upon establishment of the necessary findings and Chapter 6.10 (Nuisance Abatement) which establishes that a property not maintained in compliance with Title 21 (Zoning) shall constitute a public nuisance. The business owner(s) shall be obligated to cover the actual cost of all staff time associated with revocation and/or nuisance abatement proceedings. This obligation may be enforced by the City as permitted by law. Building Division 7. Permits Required: A building permit application shall be required for the proposed change in use and 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. 8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 9. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 10. 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. 11. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking Modification Permit Page5of7 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. 12. 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. 13. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 14. Non-Point Source Pollution: 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. 15. 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. 16. 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 17. 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.&E. concerning utility easements, distribution pole locations and required conductor clearances. 18. 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. Public Works 19. Encroachment Permit /Fees /Deposits: Prior to issuance of any building permits, the applicant shall pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking Modification Permit Page 6 of 7 street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Upgrade the existing driveway approach to be Accessible (ADA) compliant. Reconstruct the existing driveway approach using City Standard Detail D-18 http://www.cityofcampbell.com/DocumentCenter/View/2317 b. Install a new City street tree in the empty northerly tree well. Tree species to be determined by City Arborist. 20. 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 and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 21. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 22.The following conditions only apply if the applicant has a need to install /upgrade utility services (water, sewer, gas, etc.) in the street: 23. 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. 24. 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. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Salmar Avenue has not been reconstructed or overlaid in the last 5 years. 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. 25. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. Planning Commission Resolution No. PLN2017-383/PLN2018-139 - 577 Salmar Avenue Conditional Use Permit and Parking Modification Permit Page 7 of 7 Santa Clara County Fire Department 18. 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.