PC Res 3936RESOLUTION NO. 3936
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE
PERMIT (PLN2009-01) TO ALLOW A MARTIAL ARTS
(TAEKWONDO) STUDIO IN AN EXISTING RETAIL CENTER ON
PROPERTY OWNED BY CALLAHAN/MORTIN TRUST LOCATED
AT 2020 S. BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. MIKE
CALLAHAN. FILE NO.: PLN2009-01.
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 PLN2009-01.
1. The proposed martial arts studio (commercial school) is consistent with the General
Commercial General Plan land use designation.
2. The proposed martial arts studio (commercial school) will be compatible with the C-2
(General Commercial) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 1,034 square foot martial arts studio in an existing multi-
tenant commercial building.
4. The project site is located at the southeast corner of S. Bascom and E. Campbell
Avenue. The property is surrounded by commercial uses on the north, south, and west,
and residential on the east.
5. The proposed project is consistent with other developments and uses in the
surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the proposed
martial arts (Taekwondo) studio.
7. The hours of operation shall be restricted to 9:00 a.m. to 9:00 p.m., Monday through
Sunday.
8. The hours of business shall be restricted to 3:00 p.m. to 9:00 p.m., Monday through
Sunday, with the exception of Saturday during which, in addition to regular business
hours, morning testing activities shall be allowed between 9:00 a.m. and 12:00 p.m.
9. The size of classes and/or testing activities shall be restricted to no greater than 15
students in size.
10. There shall be only one class and/or testing activity held at any given time.
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11. A parking reduction is warranted provided the shared parking arrangement of the
center, the primarily non-driving (youth focused) status of clientele, and due to the
distinct and differing peak parking usage periods of the proposed use from the majority
of the tenant mix.
12. The project qualifies as a Categorically Exempt project per Section 15301 class 1(a)
(existing facilities) of the California Environmental Quality Act.
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 adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate.
4. 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.
5. 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.
6. 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.
7. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
8. 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.
9. 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission grant a Conditional Use
Permit (PLN2009-01) to allow a martial arts (Taekwondo) studio in an existing retail center
on property owned by Callahan/Mortin Trust located at 2020 S. Bascom Avenue in a C-2-
S (General 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.
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
Acknowledged & Accepted:
Mike Callahan, Applicant
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-01) for a
new martial arts studio located at 2020 S. Bascom Avenue. The project shall
substantially conform to the project plans and project description received by the
Planning Division on January 5, 2009, except as may be modified by the conditions of
approval contained herein. The project description specifies a martial arts use with
approximately 90% of the clientele being of non-driving (youth focused) status.
3. 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.
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. Operational Hours: The hours of operation shall be restricted to 9:00 a.m. to 9:00 p.m.,
Monday through Sunday. At no time shall business related activity occur between the
hours of 11:00 p.m. and 6:00 a.m.
6. Business Hours: The hours of business shall be restricted to 3:00 p.m. to 9:00 p.m.,
Monday through Sunday with the exception of Saturday during which, in addition to
regular business hours, morning testing activities shall be allowed between 9:00 a.m.
and 12:00 p.m.
7. Class Times: Classes shall be staggered to provide a fifteen (15) minute separation
between sessions to allow vehicular traffic and use of on-site parking to dissipate.
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8. Class/Testing Activity Size: Classes and/or testing activities shall be restricted to no
greater than 15 students in size.
9. Number of Classes/Testing Activities: There shall be only one class and/or testing
activity held at any given time.
10. Complaints: In the event that a substantiated parking complaint is received, the
Community Development Director may immediately modify the size of classes and/or
limit the hours of business subject to the project being brought back to the Planning
Commission for review.
11. Class Location: All classes and testing associated with the use shall be located indoors.
12. 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.
13. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
14. Loitering: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
15. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
16. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
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17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 6:00 a.m.
and 11:00 p.m. daily.
18. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. A total of 77 parking spaces will be provided.
Building Division:
19. Permits Required: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
21. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
22. 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.
23. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details, site address, and
parcel numbers. Site parking and path of travel to public sidewalks shall be detailed.
24. 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.
25. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
26. Non-Point Source: 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.
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27. 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.
28. 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.
29. PG&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.
30. 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 Fire Department
PASSED AND ADOPTED this 24th day of February, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alderete, Alster, Ebner, Gairaud, Rocha and Roseberry
Gibbons
None
None
APPROVED:
ATTEST: ~ ~~
Ciddy Wordel ,Acting Secretary