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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. Planning Commission Resolution No. 3936 PLN2009-01 - 2020 S. Bascom Avenue -Use Permit -Martial Arts Studio Page 2 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. Planning Commission Resolution No. 3936 PLN2009-01 - 2020 S. Bascom Avenue -Use Permit -Martial Arts Studio Page 3 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. Planning Commission Resolution No. 3936 PLN2009-01 - 2020 S. Bascom Avenue -Use Permit -Martial Arts Studio Page 4 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. Planning Commission Resolution No. 3936 PLN2009-01 - 2020 S. Bascom Avenue -Use Permit -Martial Arts Studio Page 5 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. Planning Commission Resolution No. 3936 PLN2009-01 - 2020 S. Bascom Avenue -Use Permit -Martial Arts Studio Page 6 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. Planning Commission Resolution No. 3936 PLN2009-01 - 2020 S. Bascom Avenue -Use Permit -Martial Arts Studio Page 7 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