PC Res 3715
RESOLUTION NO. 3715
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-12) TO ALLOW THE ESTABLISHMENT OF A
COMMERCIAL ART SCHOOL IN AN EXSITING TENANT SPACE AT
THE KIRKWOOD PLAZA SHOPPING CENTER ON PROPERTY
OWNED BY KIRKORIAN PROPERTIES LOCATED AT 1600 w.
CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. HELEN
YANG, ON BEHALF OF VISIONARY ARTS. FILE NO: PLN2006-12.
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 PLN2006-12:
1. The proposed commercial school is consistent with the Neighborhood Commercial
General Plan land use designation for the project site.
2. The proposed commercial school is consistent with the requirements of the C-1
Zoning District and will be consistent with the Zoning Ordinance with approval of a
Conditional Use Permit.
3. The project site consists of a 1.25 acre lot, developed with 13,360 square feet of
building area coverage, 5,400 square feet of landscaping, and 35,690 square feet of
paving.
4. No exterior modifications to the building or site configuration are proposed in
conjunction with the proposed establishment of the commercial school.
5. The project site is located on the south side of West Campbell Avenue, between
Fulton Street and South San Tomas Aquino Road in the Kirkwood Plaza Shopping
Center. The property is surrounded by commercial land uses to the north, east and
west and multi-family residential uses to the south.
6. The art school would provide art classes to students of all ages, ranging from the
first grade to seniors. Class sizes would be limited to a maximum of 50 students at a
time and students would typically come once a week for a one and one half hour
lesson.
7. Class time for kindergarten to 12th grade students would be limited to a maximum of
four hours a day and 12 hours a week to meet Uniform Building Code standards
because the building is a Type 'V' non-rated building.
8. Business hours shall be restricted to 9 a.m. to 11 :00 p.m. seven days a week.
Planning Commission Resolution No. 3715
PLN2006-12 -- 1600 W. Campbell Avenue -- Use Permit - Visionary Arts
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9. The existing 166 parking spaces, with the provIsion of shared parking, will
adequately meet the demands generated by the change in use, and will not be
detrimental to the overall parking and circulation to the shopping center and the
surrounding areas.
10. The proposed use is consistent with other developments and uses in the
surrounding area.
11. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
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 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. 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 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 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.
7. No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Planning Commission Resolution No. 3715
PLN2006-12 -- 1600 W. Campbell Avenue -- Use Permit - Visionary Arts
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2006-12) to allow the establishment of a commercial art
school in an existing tenant space at the Kirkwood Plaza Shopping Center on property
owned by Kirkorian Properties located at 1600 W. Campbell Avenue in a C-1-S
(Neighborhood Commercial) Zoning District.
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
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-12)
to allow the establishment of a commercial art school in an existing tenant space at
the Kirkwood Plaza Shopping Center on property located at 1600 W. Campbell
Avenue, Suite 208. The project shall substantially conform to the project plans
stamped as received by the Planning Division on April 4, 2006 and the project
description stamped as received on April 3, 2006, except as may be modified by the
conditions of approval contained herein.
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. Three-Year Review of Use Permit: Three years from the date of this approval or by
April 25, 2009, this Use Permit approval shall be reviewed by the Community
Development Director to verify on-going compliance with the imposed Conditions of
Approval.
4. 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.
5. Number of Students: The maximum number of students shall not exceed 50
students at anyone time. Any increase or modification to the number of students
Planning Commission Resolution No. 3715
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shall require approval of a Modification to. the Conditional Use Permit by the
Planning Commission.
6. Business Operational Hours: The hours of operation shall be restricted to 9:00 a.m.
to 11 :00 p.m. seven days a week.
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.
8. Siqnaqe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the standards
of Chapter 21.30 (Sign Ordinance) of the Campbell Municipal Code.
9. Outdoor Storaqe: No outdoor storage is permitted on the subject property. No
equipment, materials or business vehicles shall be parked and/or stored outside the
building or within the parking lot.
10. Parkinq and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards of Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
Building Division
11. Occupancy and Use of Second Floor Limitations: The proposed tenant improvement
of the second floor space as a business that conducts art classes with class sizes
less than 50 creates the potential of the space being designated as an E-2 use. E-2
use is prohibited on the 2nd floor of a Type V non rated building. Applicant shall
clearly indicate on cover sheet of plans prepared by a licensed architect or engineer
the following: "This tenant space shall not be used to educate students under the 12
grade for more that four hours in any given day and for not more than 12 hours total
in any given week."
12. Permits Required: A building permit application shall be required for the proposed
tenant improvement. The building permit shall include Electrical, Plumbing, or
Mechanical fees when such work is part of the permit.
13. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
14. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
Planning Commission Resolution No. 3715
PLN2006-12 -- 1600 W. Campbell Ayenue -- Use Permit - Visionary Arts
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15. 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.
16. 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.
17. Title 24 Enerqy 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.
18. 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.
19. Non-point Source Pollution Control Proqram. 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.
20. 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.
21. Title 24 Hardship Exemption: 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
cou nter.
22. 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.
23. Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
a. Santa Clara County Fire Department
Planning Commission Resolution No. 3715
PLN2006-12 -- 1600 W. Campbell Avenue -- Use Permit - Visionary Arts
Page 6
PASSED AND ADOPTED this 25th day of April, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Rocha and Roseberry
None
Alderete, Ebner and Gibbons
None
~'-.~,
ATTEST: ~ ~
~haron Fierro, Secretary