PC Res 3221RESOLUTION NO. 3221
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (M 99-01) TO A
PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 98-12) TO
ALLOW A COMPUTER TRAINING SCHOOL ON PROPERTY LOCATED
AT 144 N. SAN TOMAS AQUINO ROAD IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. SHARON
SHELGRIN, ON BEHALF OF COMPUTER TRAINING CONSULTANTS.
FILE NO. M 99-01 ( UP 98-12).
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 M 99-01 (UP 98-12):
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This Modification to a previously-approved Use Permit (UP 98-12) pertains to the tenant
space located at 144 N. San Tomas Aquino Road within the shopping center. Concerning
previous Use Permits granted for other tenant spaces in this shopping center, if the Use
Permit has vested and is in good order, it shall not be affected by the approval of the Use
Permit for the computer training school.
The proposed computer training school will occupy a 3,400 square foot tenant space located
at 144 N. San Tomas Aquino Road in an existing shopping center within a C-2-S (General
Commercial) zoning district and a commercially designated General Plan area.
The proposed computer training school is a commercial use and is permitted in the C-2-S
(General Commercial) zoning district with approval of a Use Permit.
The applicant's proposed operational hours do not exceed the permitted hours of operation
for businesses within the C-2-S zone, and are consistent with the operating hours of
surrounding tenants in the shopping center.
The proposed computer training school is compatible with other commercial uses within the
shopping center and within the surrounding neighborhood.
The establishment of the computer training school will not entail exterior modifications to the
building.
The existing parking and circulation will adequately serve the proposed use on site. Based on
information provided by the applicant, there is sufficient parking provided at the site to
accommodate this use.
Planning Commission Resolution No. 3221
M 99-01 (UP 98-12) - 144 N. San Tomas Aquino Road - Computer Training Consultants
Page 2
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There have been no changes in the findings and conditions of approval required of the indoor
baseball and softball recreational and instructional facility as approved in the previously-
approved Use Permit (UP 98-12) as a result of adding the computer training school to the
property.
All findings and conditions of approval under the previously-approved Use Permit (UP 98-
12) for the indoor baseball and softball recreational and instructional facility are included as
part of the approval for the Modification and shall remain in effect.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's Zoning Ordinance and General Plan.
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. 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 site is adequate in size and shape to accommodate the proposed use.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Project: Approval is granted for a Modification to a previously-approved Use
Permit (UP 98-12) to allow the establishment of a computer training school within a 3,400
square foot tenant space located at 144 N. San Tomas Aquino Road, as shown in the site plan
as an attached exhibit, in the San Tomas Plaza Shopping Center. Project approval shall
substantially comply with project plans as submitted by Computer Training Consultants
consisting of a site plan and floor plan of the tenant space, except as modified by the
Conditions of Approval herein.
Planning Commission Resolution No. 3221
M 99-01 (UP 98-12) - 144 N. San Tomas Aquino Road - Computer Training Consultants
Page 3
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This Modification of UP 98-12 pertains to the tenant space located at 144 N. San Tomas
Aquino Road. Concerning previous Use Permits granted for other tenants in this shopping
center, if the Use Permit has vested and is in good order, it shall not be affected by the
approval of the Use Permit for the computer training school.
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3212 for approval of the Use Permit
(UP 98-12) that permitted the establishment of the indoor baseball and softball recreational
and instructional facility.
Operational Hours: Operational hours for the computer training school are permitted as
follows:
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Monday - Sunday (7 days a week)
6:00 a.m. to 11:00 p.m.
Deliveries: All deliveries to and from the tenant space for the business will be made from the
front entrance of the tenant space facing the interior parking lot of the shopping center. No
deliveries are permitted to be made at the rear of the building or through the rear access doors
on the north elevation of the building.
Business Operation: The applicant shall operate and maintain this use in a manner which is
not objectionable, offensive or incompatible with surrounding uses. Operation of this use in
violation of the Use Permit or City of Campbell standards, codes and ordinances shall be
grounds for revocation of the Use Permit.
Signs: Any sign(s) proposed to be erected on site for the proposed computer training school
shall require approval of a Sign Permit. A Sign Permit may be granted upon complete
submission of a Sign application and approval by the Community Development Department,
in accordance with the City's Sign Ordinance. No sign shall be permitted until the
application is approved and a permit issued.
Location of Mechanical Equipment: No new roof-mounted mechanical equipment, i.e. air
conditioning units, shall be located on the roof of building without providing screening of the
mechanical equipment from public view. Screening material and method shall require review
and approval by the Community Development Director prior to installation of such
mechanical equipment screening.
Planning Commission Resolution No. 3221
M 99-01 (UP 98-12) - 144 N. San Tomas Aquino Road - Computer Training Consultants
Page 4
Parking: In the event parking problems occur at the shopping center site as a result of the
addition of the computer training school and as determined by the Community Development
Director, the applicant and/or property owner shall be required to provide an alternative
parking solution to be reviewed and approved by the Community Development Director.
Parking problems shall include, but not be limited to, lack of on-site parking in the parking
lot and/or unsafe queuing and stacking of vehicles within the parking lot or within the public
right-of-way.
Modification Approval Expiration: The applicant shall be required to obtain building permits,
complete all construction as required by the City to establish the proposed use, and to satisfy
all conditions of approval as specified herein in these Conditions of Approval within one year
from the Planning Commission approval date of this Modification application (M 99-01).
10. Building Division: Prior to the issuance of building permits, the applicant shall comply with
all Building Code requirements and obtain necessary permits as determined by the City's
Building Division. Based upon an occupancy most closely resembling a B occupancy, the
applicant shall comply with the following conditions of approval:
A. The number of occupants requires two (2) exits. Provide clear, unobstructed access to
the rear exit and eliminate the "storage area" status on plans. Provide disabled access
at the rear of the tenant space per UBC T 3-A, 1003.5.
B. Provide exit signage and illumination for the front and rear doors per UBC 1012,
1013.
C. Post the proposed room capacity in each training room per UBC 1002.3.
FIRE DEPARTMENT
11. Review of Plans: Review of this development 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 apply to the Building Department
for applicable construction permits.
12. Changes to Floor Plans: Should this Use Permit involve any change of floor plan of the
existing building, the applicant shall make an application to the City of Campbell Building
Department for review. A Fire Department review for fire and building code compliance will
be made at that time.
Planning Commission Resolution No. 3221
M 99-01 (UP 98-12) - 144 N. San Tomas Aquino Road - Computer Training Consultants
Pa~e 5
PASSED AND ADOPTED this 9th day of March, 1999, by the following roll call vote:
AYES: Commissioners:
Francois, Gibbons, Hemandez, Jones, Keams, Lindstrom,
Lowe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Brad Jones, Ch'raft/
ATTEST'
Sharon Fierro, Acting Secretary