PC Res 3521RESOLUTION NO. 3521
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-83) TO ALLOW THE ESTABLISHMENT OF A DANCE
SCHOOL IN AN EXISTING TENANT SPACE ON PROPERTY
OWNED BY MR. JOSEPH CASTELLO LOCATED AT 2385 S.
WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. FII.E NO. PLN2003-83.
After notification and public hearing, as specified by law, and after presentation
Community Development Director, proponents and opponents, the hearing was closed.
by the
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-83:
The proposed establishment of a dance school within an existing commercial building will
result in a use that is consistent with the Central Commercial General Plan land use
designation for the site.
The proposed establishment of a dance school within an existing commercial building will
result in a use that is consistent with the P-D (Planned Development) Zoning designation for
the site with approval of a Conditional Use Permit.
The project site consists of an l l.3-acre lot, with 26% building coverage, 64% paving
coverage and 10% landscaping coverage.
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The proposed use is located within an established commercial shopping center and is
compatible with the surrounding development and uses.
The existing 777 parking spaces will adequately address the parking needs of the subject site
and proposed use.
6. The business hours shall be restricted to 6:00 a.m. to 11:00 p.m. daily.
7. 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 and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
Planning Commission Resolution No. 3521
PLN2003-83 -- 2385 S. Winchester Boulevard -- Use Permit - Dance School
Page 2
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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.
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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.
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 (PLN2003-83) to allow the establishment of a dance school in an existing tenant
space on property owned by Mr. Joseph Castello located at 2385 S. Winchester Boulevard,
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-83) to allow
the establishment of a dance school within an existing commercial building on property
located at 2385 S. Winchester Blvd. The project shall substantially conform to the plans
Planning Commission Resolution No. 3521
PLN2003-83 -- 2385 S. Winchester Boulevard -- Use Permit - Dance School
Page 3
stamped as received by the Planning Division on June 19, 2003, except as may be modified
by the conditions of approval contained 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 and the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
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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 6:00 a.m. to 11:00 p.m. seven
days per week.
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Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code. Parking lot sweeping
for the shopping center shall be limited to the hours of 7:00 a.m. to 11:00 p.m. seven days per
peek.
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Outdoor Storage: 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.
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 21.53 of the
Campbell Municipal Code.
Building Division:
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Permits Required: A building permit application shall be required for the proposed tenant
improvement to the existing commercial space. 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 size of construction plans submitted for building permits shall be 24
inches by 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.
Planning Commission Resolution No. 3521
PLN2003-83 -- 2385 S. Winchester Boulevard -- Use Permit - Dance School
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12. 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.
13. 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. The form is available at Building Division service counter.
14. 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.
15. Commercial Restroom Requirements: Commercial businesses employing more than four
people shall have male and female restrooms.
16. Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
a. Santa Clara County Fire Department
b. West Valley Sanitation District
PASSED AND ADOPTED this 12th day of August, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Hemandez, Jones and Rocha
None
Gibbons
None ///'· ..~/'~'~"~~... / ~'~ ..
APPROVED: Jo'~eph (Ierna'~dez CC~
Sharon Fierro, Secretary