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PC Res 3405RESOLUTION NO. 3405 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2001-136) TO ALLOW THE ESTABLISHMENT OF A MARTIAL ARTS ACADEMY OF 1.080 SQUARE FEET WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 839 W. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. CARL LEE, ON BEHALF OF EAGLE TALON MARTIAL ARTS ACADEMY. FILE NO. PLN2001 - 136. After notification and public heating, 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 PLN2001-136: The proposed martial arts academy is consistent with the Commercial land use designation of the General Plan and the P-D (Planned Development) Zoning District with approval of a Conditional Use Permit. 2. The project site consists of a 51,631 square foot lot, developed with a 15,776 square feet of building area, 4,267 square feet of landscaping, and 31,588 square feet of paving. 3. The existing 79 parking spaces will adequately address the parking needs of the subject site and proposed use. 4. The proposed use will not result in an over concentration of such uses in the City. The surrounding uses consist of restaurants and retail stores to the north, commercial uses south, retail stores to the east, and a restaurant to the west. The proposed martial arts academy is compatible with the surrounding development and uses. 6. Business hours shall be restricted to 7 a.m. to 11 p.m. daily. 7. Future changes in tenant mix could result in negative parking impacts. 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 and Zoning Ordinance. Planning Commission Resolmton No. 3405 PLN2001-136 - 839 W. Hamilton Avenue -Use Permit - Eagle Talon Martial Arts Academy Page 2 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. 3. The proposed commercial use is compatible with the uses in the area. 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. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. The establishment will not significantly disturb the peace and enjoyment of the nearby neighborhood. 7. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 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 (PLN2001-136) to allow a martial arts academy within an existing commercial building at 839 W. Hamilton Avenue. Project approval shall substantially comply with project plans received by the Community Development Department on November 29, 2001, and the business description provided by the applicant, except as may be modified by the Conditions of Approval herein. 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. Failure to meet this deadline will result in the Conditional Use Permit being void. o Revocation of Permit: Failure to comply with the Conditions of Approval shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. In the event that parking problems are brought to the attention of the Community Development Planning Commission Resolution No. 3405 PLN2001-136 - 839 W. Hamilton Avenue -Use Permit - Eagle Talon Martial Arts Academy Page 3 Director as the result of this use, the Director shall have the authority to reduce the operational hours for this use. 4. Square Footage Restriction: The total floor area allowed for the martial arts academy shall not exceed 1,100 square feet. Operational Hours: The operational hours are provided as 8 a.m. to 9 p. m. and shall be limited to 7 a.m. to 11 p.m. daily, unless a Conditional Use Permit is obtained from the Planning Commission for late night operations. Sign Permit: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. Parking, Driveways and Maintenance: All parking and driveway areas shall be maintained in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code, subject to review by the Community Development Director. Building Division: o Permits Required: A building permit application shall be required for the proposed tenant improvement to the existing~ 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 inches × 36 inches. 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 tenant space 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. 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 Planning Commission Resolut,on No. 3405 PLN2001-136 - 839 W. Hamilton Avenue -Use Permit - Eagle Talon Martial Arts Academy Page 4 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. Water 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. 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. 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 Department of Environmental Health PASSED AND ADOPTED this 8th day of January, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Sharon Fierro, Secretary Alderete, Doorley, Gibbons, Hemandez, Jones and Leonard None Francois None APPROVED:(~ ,,/~'~/'~ ~ '~ Joseph ~emandez, Vi~"