Use Permit - MoveIt Fitness - 2013CITY of CAMPBELL
Community Development Department
January 31, 20'44
M.A. Frederick, Inc.
dba Move It!
17419 Farley Road West
Los Gatos, CA 95032
Re: PLN2013-:i04 - 1190 Dell Avenue -Use Permit -Small Fitness Studio
Dear Applicant:
Please be advised that at its meeting of January 28, 2014, the Planning Commission
adopted Resolution No. 4130 approving a Conditional Use Permit with a Parking
Modification Permit (PLN2013-304) to establish a small fitness studio on the above-
referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by
close of business on Friday, February 7, 2014. The time within which judicial review of this
action must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure, unless another statute (such as California Government Code Section 65009 or
some other applicable provision) sets forth a more specific time period.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
Sinc e ,
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Associate Planner
CC Dell Associates II, LLC (Property Owner)
1690 Dell Avenue
Campbell, CA 95008
70 North First SCreet • Campbell, California 95008-1 4 36 • Tr_~. 408.Ei66.2140 • Fax 408.871.5(40 • TI>D 408.866.2790
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RESOLUTION NO. 4130
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT WITH A PLANNING MODIFICATION PERMIT
(PLN2013-304) TO ESTABLISH A SMALL FITNESS STUDIO ON
PROPERTY LOCATED AT 1190 DELL AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2013-304:
1. The project site is designated M-1 (Light Industrial) on the Zoning Map.
2. The project site is designated Light Industrial on the General Plan Land Use Element
Map.
3. The M-1 zoning district is designed to encourage sound industrial development, in
addition to service commercial uses in the city by providing and protecting an
environment exclusively for this type of development, subject to regulations identified
in the Zoning Code which are necessary to ensure the protection of nearby residential
uses from hazards, noises, or other related disturbances. Businesses serving
commercial uses (e.g., food service or office supply) are generally allowed as
ancillary uses, subject to appropriate development and design standards and
guidelines.
4. The M-1 Zoning District only permits fitness studios so long as they are appropriately
spaced and located so that they avoid interfering with the operation of industrial uses.
5. The applicant proposed, and the Planning Commission agreed, that the limited
duration of the fitness use will not undermine the long term viability of providing
sufficient tenant spaces for industrial uses.
6. The project site is located on Dell Avenue, north of Hacienda Avenue, adjacent to the
Los Gatos County Park.
7. The project site consists of a 2.8 acre parcel, developed with amulti-tenant 54,000
square-foot industrial building. Tenants in the building include a computer hardware
distributer, solar panel distributer, cabinetry manufacturer, wheelchair distributer, and
a gymnastics training studio.
8. The proposed project, as described by the submitted Project Description, is a small
fitness studio providing one-on-one personal training.
9. A fitness studio may be approved in the M-1 (Light Industrial) Zoning District with a
Conditional Use Permit, subject to the provisions of Section 21.36.095 of the
Campbell Municipal Code. Among these provisions is an over-concentration standard
that specifies that a studio shall not be located within three hundred feet of another
existing public assembly, studio (small and large), or health and fitness center use
unless the decision-making body grants an exception.
Planning Commission Re_ ,~ution No. 4130
PLN2013-304 - 1190 Dell Avenue
Conditional Use Permit with Parking Modification Permit -Small Fitness Studio
Paae 2
10. The proposed fitness studio is located within 300-feet of a gymnastics training studio
that is also located on the project site, on the opposite side of the subject building as
the proposed fitness studio.
11. The proposed fitness studio is substantially different in scale, purpose, and customer
base than the gymnastics training studio in that it provides one-on-one personal
fitness training to adults whereas the gymnastics training studio provides group-
based gymnastics training to children.
12. The proposed fitness studio is a "boutique" business that will provide a convenient
commercial service to employees and customers within the City's industrial areas,
consistent with General Plan Land Use Strategy LUT-5.5a.
13. Due to the limited scope and scale of the proposed fitness studio, including the low
number of people who will occupy the facility at any one time, the impact to adjacent
industrial business will be minimal.
14. Due to the one-on-one operation of the proposed training studio, the parking demand
incurred by the facility will be no greater than a commercial or industrial business that
could otherwise occupy the subject tenant space.
15. The proposed fitness studio will occupy a tenant space at the front (park facing) side
of the subject building, minimizing interaction with the industrial activity (e.g.
transportation of materials) occurring at the rear of the building.
16. The park facing location of the tenant space to be occupied by the proposed fitness
studio affords convenient access to the Los Gatos Creek trail with minimal incursion
onto the public street.
17. The proposed fitness studio will not isolate or orphan any other tenant space that
would preclude future consolidation by an industrial or commercial occupant of the
building.
18. Consistent with Campbell Municipal Code Section 21.36.095, Conditional Use Permit
approval for the proposed fitness studio shall expire in five years. At the conclusion of
this approval period, the applicant shall either cease operation of the fitness studio or
apply for an extension of approval. If at that time, conditions are such that the
Planning Commission can no longer support an exception to the over-concentration
standard, it may deny a request for an extension of approval.
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.
Planning Commission RE_ .iution No. 4130
PLN2013-304 - 1190 Dell Avenue
Conditional Use Permit with Parking Modification Permit -Small Fitness Studio
Paae 3
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.
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. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported by review of the applicant's documentation and/or a parking demand study
prepared by a qualified transportation engineer accepted by the decision-making
body.
8. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
9. Approval of the parking modification permit will further the purpose of the Zoning
Code.
10. The proposed concentration of fitness facilities will not be detrimental to the health,
safety, peace, morals, comfort, or general welfare of persons residing or working in
the neighborhood of the proposed use.
11. The project is Categorically Exempt per 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 approves a Conditional
Use Permit with a Parking Modification Permit (PLN2013-304) to establish a fitness studio
on property located at 1190 Dell Avenue.
Planning Commission RE~.,iution No. 4130
PLN2013-304 - 1190 Dell Avenue
Conditional Use Permit with Parking Modification Permit -Small Fitness Studio
Page 4
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 Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2013-304)
and Parking Modification Permit to allow establishment of a 2,970 square-foot small
fitness studio within an existing industrial building located at 1190 Dell Avenue, Suite
P. The project shall substantially conform to the Project Description and Project Plans
stamped as received by the Community Development Department on October 23,
2013, except as may be modified by the Conditions of Approval specified herein.
2. Limited Term Permit: The Conditional Use Permit and Parking Modification Permit
approved herein shall be valid for a period of five (5) years from the effective date of
the resolution adopted by the Planning Commission (expiring February 7, 2019). The
Conditional Use Permit and Parking Modification Permit shall be void and the use
abandoned at such time.
3. 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.
4. Operational Parameters: Consistent with the submitted Project Description, any
business operating pursuant to this Conditional Use Permit and Parking Modification
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 Conditional Use
Permit approved herein.
a. Approved Use: The approved use is a small fitness studio as defined by the
Campbell Municipal Code, providing individual training sessions (one-on-one or
one-on-two).
b. Employees: No more than two trainers and one receptionist shall occupy the
facility at any one time.
c. Age of Clients: All clients of the fitness studio shall be eighteen years of age or
older.
Planning Commission RE„~lution No. 4130
PLN2013-304 - 1190 Dell Avenue
Conditional Use Permit with Parking Modification Permit -Small Fitness Studio
Page 5
d. Clients: There shall be no more than 26 clients during the course of any one
business day.
e. Hours of Operation: The hours of operation shall be restricted to 6:00 AM to
7:00 PM, Monday through Friday and 8:00 AM to 2:00 PM on Saturday,
exclusive of the customary and reasonable use of the facility for administrative
activity.
f. Instruction Area: Consistent with the approved project plans, the fitness studio
is limited to one open instructional space.
g. Expansion: The facility shall not be expanded into any other portions of the
building without approval of a modification to this Conditional Use Permit.
h. 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.
i. Noise: 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.
In the event complaints are received by the City regarding noise, the Community
Development Director may immediately modify the hours of operation, subject to
the project being brought back to the Planning Commission for review.
Building Division:
5. Permits Required: A building permit application shall be required for the proposed
Fitness Studio Tenant Improvements to the existing commercial space. The building
permit shall include Electrical/Plumbing/Mechanical fees when such work is part of
the permit.
6. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
7. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
8. 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.
9. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
Planning Commission R~, ,lution No. 4130
PLN2013-304 - 1190 Dell Avenue
Conditional Use Permit with Parking Modification Permit -Small Fitness Studio
Page 6
appropriate. The site 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.
] 0. 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.
11. 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.
12. 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.
13. Title 24 Accessibilitv -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.
14. Title 24 Accessibilitv -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.
15. 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
c. Santa Clara County Department of Environmental Health
16. 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.
17. Stormwater Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel.
Storm water shall not drain onto neighboring parcels
Planning Commission Rey tion No. 4130
PLN2013-304 -1190 Dell Avenue a
Conditional Use Permit with Parking Modification Permit -Small Fitness Studio
Page 7
PASSED AND ADOPTED tt'
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
is 14th day of January, 2014, by the following roll call vote:
Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich, and
Roseberry
None
None
None
APPROVED:
ATTEST:
Paul Resnikoff, Chair
Paul Kermoyan, Secretary