PC Res 3530RESOLUTION NO. 3530
BEING A RESOLUTION OF THE PLANNING COMMISSION OF TI-[E
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN 2003-119) TO ALLOW THE ESTABLISHMENT OF A TAE
KWON DO STUDIO IN AN EXISTING 1,680 SQUARE FOOT
TENANT SPACE OF AN EXISTING INDUSTRIAL BUILDING ON
PROPERTY OWNED BY DE WHITT PROPERTIES, LP, LOCATED AT
1550 DELL AVENUE, UNIT K IN A C-M-S (CONTROLLED
MANUFACTURING) ZONING DISTRICT. FILE NO. PLN2003-119.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-119:
1. The proposed project consists of the establishment of a 1,680 square foot Tae Kwon Do
studio in an existing 20,160 square foot industrial building.
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of Research and Development for this area.
3. The proposed Tae Kwon Do studio is consistent with the C-M-S (Controlled Manufacturing)
zoning designation for the site with approval of a Use Permit.
4. The proposed Tae Kwon Do studio, as conditioned, is compatible with the adjacent land uses
and the surrounding neighborhood.
5. The existing parking will adequately meet the demands generated by the change in use, and
will not be detrimental to the overall parking and circulation in the area.
6. The approved operational hours of 4 p.m. to 10 p.m. will not conflict with the industrial uses
in the vicinity.
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:
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The proposed project is consistent with the General Plan and Zoning Ordinance.
The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
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.
Planning Commission Resolution No. 3530
PLN2003-119 - 1550 Dell Avenue - Use Permit - Tae Kwon Do Studio
Page 2
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
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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.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. 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 (PLN2003-119) to allow the establishment of a Tae Kwon Do studio in an existing
1,680 square foot tenant space of an existing industrial building on property owned by De Whitt
Properties, LP, located at 1550 Dell Avenue, Unit K, 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 (PLN 2003-119)
allowing the establishment of a Tae Kwon Do studio in approximately 1,680 square feet of
an existing 20,160 square foot industrial building located at 1550 Dell Avenue, Unit K. The
site design shall substantially comply with project plans received by the Community
Development Department dated October 24, 2003, 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 a building
permit must be obtained and construction completed one year thereafter or the use must be
established on the property (if no building permit is required). Failure to meet these
deadlines will result in the Conditional Use Permit being void.
Planning Commission Resolution No. 3530
PLN2003-119 - 1550 Dell Avenue - Use Permit - Tae Kwon Do Studio
Page 3
3. Operational Hours: Operational Hours shall be restricted to 4 p.m. to 10 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for additional hours.
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.
Signs: 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.
Building Division:
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Permits Required: A building permit application shall be required for the proposed structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
8. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
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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.
10.
Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Ste 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.
11.
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.
12.
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 Center.
13.
Non-Point Source Pollution Control Program: 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 Center.
Planning Commission Resolution No. 3530
PLN2003-119 - 1550 Dell Avenue - Use Permit - Tae Kwon Do Studio
Page 4
14. 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.
15. 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.
16. 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. and E. concerning utility easements, distribution pole
locations and required conductor clearances.
17. Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
a. Santa Clara County Fire Department (378-4010)
PASSED AND ADOPTED this 25th day of November, 2003, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hemandez, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
APPROVED: (. ......... ,/
Josel~h Her~andez, ~hair
ATTEST.~~,t~rl. ~LZ~,~ x. ....
Sharon Fierro, Secretary