PC Res 4018RESOLUTION NO. 4018
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2011-31)
OF A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO
EXEND OPERATIONAL HOURS AND INCREASE THE NUMBER OF
STUDENTS PER CLASSROOM IN AN EXISTING COMMERCIAL
SCHOOL ON PROPERTY OWNED BY SCOTT COOLEY LOCATED
AT 700 W. HAMILTON AVENUE IN A C-2 (GENERAL
COMMERCIAL) ZONING DISTRICT. FILE NO.: PLN2011-31.
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 PLN2011-31:
1. The project site is designated General Commercial on the General Plan Land Use
Element Map.
2. The project site is designated C-2 (General Commercial) on the Zoning Map.
3. The project site consists of a 3.96-acre lot, with 11 % building coverage, 64% paving
coverage and 25% landscaping coverage.
4. The subject use is a commercial school (International Culinary Center of California) that
specializes in culinary training.
5. A commercial school is an allowable use in the C-2 (General Commercial) Zoning District
with a Conditional Use Permit.
6. The existing commercial school use is located within an existing three story 57,600
square-foot commercial building, occupying approximately 29,875 square-feet on the
second and third floors. The subject building is also occupied by a health and fitness
center (Gold's Gym) located on the first and second floors of the building.
7. The Planning Commission granted a Conditional Use Permit (PLN2004-89) for the
existing commercial school by approval of Resolution No. 3582 on September 14, 2004
that limited the number of students per class to 16, limited the number of classrooms to
seven, limited the occupied square-footage to 19,153 square-feet, and restricted the
hours of operation to 7:00 AM to 10:00 PM, Monday through Friday.
8. The Planning Commission granted a Conditional Use Permit (UP 94-01) for an athletic
facility (Gold's Gym) on the subject property by approval of Resolution No. 2925 on
August 9, 1994.
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9. The Planning Commission granted a Conditional Use Permit (UP 96-02) for a
commercial school (California College of Communications) on the subject property by
approval of Resolution No. 3018 on February 27, 1996.
10. By review of a preliminary application (PRE2006-21), on May 10, 2006, the Community
Development Director determined that an expansion of the subject use could be
permitted without a formal modification to the previously approved Conditional Use
Permit (PLN2004-89) pursuant to Section 21.42.050 of the Campbell Municipal Code
(section citation obsolete).
11. Section 21.42.050 of the Campbell Municipal Code 21.28.040(C)(1)ststes that when the
use of a structure changes to a use that requires the same number of parking spaces as
the immediately previous use, the number of required parking spaces for the new use
shall be the same as the requirement for the previous use, regardless of the number of
spaces actually provided by the previous use. This provision allowed the expansion of
the subject use into space formally occupied by California College of Communications
approved by the Community Development Director without the need for additional
parking.
12. The Modification application (PLN2011-31) proposes (1) extending the hours of
operation to allow classes to be held up to 11:00 PM (currently permitted to 10:00 PM),
and (2) increasing the number of students per classroom from 16, as currently permitted,
up to 18 for the classic culinary program, 22 for the wine appreciation program, and 24
for the pastry program. As part of this modification, the applicant is also requesting that
the Conditional Use Permit (PLN2004-89) be modified to reflect an increase in number
of classrooms and the increase in occupied square-footage previously approved by the
Community Development Director.
13. All applicable conditions of approval from Conditional Use Permit PLN2004-89 have
been carried forward into the Resolution approving this Modification.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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 Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
3. 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;
4. 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;
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5. 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.
6. 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.
7. This project is Categorically Exempt under Section 15060(c)(2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or
reasonably foreseeable indirect physical change to the environment
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification
(PLN2011-31) of a previously approved Conditional Use Permit to extend operational hours
and increase the number of students per classroom in an existing commercial school on
property located at 700 W. Hamilton Avenue in a C-2 (General Commercial) Zoning
District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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 Proiect: Approval is granted for a Modification (PLN2011-31) to an existing
Conditional Use Permit (PLN2004-89) to allow an increase in the number of students
permitted per classroom and late night operational hours for an existing commercial
school. The project shall substantially conform to the Revised Project Description and
Revised Project Plans stamped as received by the Community Development
Department on March 1, 2011 and March 31, 2011 respectively, except as may be
modified by the Conditions of Approval specified herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2011-31 ), the previously approved Conditions of Approval
(PLN2004-89) shall be void and shall permanently be superseded in their entirety by the
Conditions of Approval specified herein.
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3. Operational Parameters: Consistent with the submitted Project Description, any
business operating pursuant to this Modified Conditional Use Permit shall be required to
conform to the following operational parameters. Significant deviations from these
parameters (as determined by the Community Development Director) shall require
approval of a Modification to the Modified Conditional Use Permit approved herein.
a. Approved Use: The use permitted by this Modified Conditional Use Permit is a
commercial school (as defined by the Campbell Municipal Code), that provides
professional vocational training in the culinary arts, baking and pastry arts, and
sommelier training.
b. Building Occupancy: The approved commercial school shall occupy no more than
30,000 square-feet of floor area within the 3-story office building, including the entire
third floor, approximately half of the second floor, and a portion of the first floor
consisting of an entrance lobby.
c. Number of Classrooms: The number of classrooms and other related facilities
within the school are limited as follows:
• 5 (five) Culinary Kitchen Classrooms (full commercial kitchen facilities).
• 2 (two) Baking and Pastry Classrooms (full commercial baking facilities).
• 1 (one) Sommelier Training Classroom (with wine cellar).
• 2 (two) Demonstration Kitchens (non-classroom space).
• 2 (two) Conventional Classrooms (no cooking/baking facilities).
d. Students per Class: The number of students per classroom is limited as follows:
• 18 (eighteen) per Culinary Kitchen Classroom.
• 24 (twenty-four) per Baking and Pastry Classroom.
• 22 (twenty-two) per Sommelier Training Classroom.
e. Total Students: The total number of students permitted in the establishment at any
one time shall not exceed 180.
f. Recreational Classes: Recreational classes (non-professional courses not a part of
a certificate-granting program) are not subject to the enrollment or per class
restrictions specified herein. Such classes shall be limited to 24 students and be
limited to the hours of operation specified herein.
g. Special Events: Special events or private parties are permitted so long as the
scheduling of such activities occurs on the weekend or evening and does not overlap
with more than one class.
h. Hours of Operation: The hours of operation shall be restricted as follows and
include all activity associated with the commercial school (instruction, preparation,
cleanup, etc.) exclusive of the customary and reasonable use of the facility for
administrative activity.
Planning Commission Resolution No. 4018
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• Mon. -Fri.: 6:00 AM - 12:00 AM
• Sat. -Sun.: 9:00 AM - 2:00 PM
4. Parking Impacts: If at any time the Community Development Director determines that
parking demand is in excess of parking available on site the Community Development
Director may immediately take the following actions prior to setting a date before the
Planning Commission for reconsideration of the Modified Conditional Use Permit:
• Reduce the number of students allowed per classroom;
• Reduce the maximum total enrollment;
• Reduce the number of special events held;
• Reduce the number of participants at special events;
• Require the provision of additional off-site parking; and/or
• Require the preparation of a Parking Management Plan that incorporates carpooling,
shuttle service, free transit passes, or other measures deemed appropriate.
5. 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.
6. Noise: Any noises, sounds and/or voices, including but not limited to disposal of glass,
cans or refuse (not including pickup) generated by the establishment shall not be audible
to a person of normal hearing capacity from any residential property. In the event verified
complaints are received by the City regarding such noise, the Community Development
Director may immediately modify the business hours/hours of operation, subject to the
project being brought back to the Planning Commission for review.
PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
APPROVED
n, Acting Secretary
12t" day of April, 2011, by the following roll call vote:
Alster, Ebner, Gibbons, Resnikoff, Reynolds and
Roseberry
None
Brennan
None
Bob Roseberry, C it