Loading...
PC Staff Report (2019-10-08)ITEM NO. 2 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ October 8, 2019 PLN2019-151 Ramamirtham, N. Public Hearing to consider the application of Nanda Ramamirtham for a Conditional Use Permit (PLN2019-151) to allow establishment of a large fitness studio (I Love Kickboxing) with late-night activities on property located at 152/156 N. San Tomas Aquino Road in the C-1 (Neighborhood Commercial) Zoning District STAFF RECOMMENDATION That the Planning Commission take the following action: 1.Adopt a Resolution (reference Attachment 1), approving a Conditional Use Permit (PLN2019- 151) to allow establishment of a large fitness studio with late-night activities ENVIRONMENTAL (CEQA) DETERMINATION Staff recommends that the Planning Commission find 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. PROJECT DATA Lot Size: 405,323 sq. ft. (9.3 acres) Total Building Area: 122,000 sq. ft. (approximate) Tenant Space Area: 3,291 sq. ft. Zoning District: C-1 (Neighborhood Commercial) General Plan Land Use: Neighborhood Commercial Proposed Operational Hours: 4:30 AM - 9:00 PM, M-F 7:00 AM - 12:00 AM, Sat. Proposed Public Business Hours: 4:45 AM - 8:45 PM 7:15 AM – 11:45 PM, Sat. Parking Required: 16 Parking Stalls (1 space per 200 sq. ft. of gross floor area) Existing Parking Provided: 519 Parking Stalls (shared) (shopping center) Staff Report – Planning Commission Meeting of October 8, 2019 Page 2 of 3 PLN2019-161 ~ 152/156 N. San Tomas Aquino Rd. DISCUSSION Location: The project site is the San Tomas Plaza shopping center, consisting of two primary buildings and a small "pad" building towards the corner of the property. The center is located at the northeast corner of North San Tomas Aquino Road and West Campbell Avenue, within the C-1 (Neighborhood Commercial) Zoning District. The subject tenant space is located at the right far end of the northly building along street edge. Applicant’s Proposal: The applicant is requesting approval of a Conditional Use Permit to allow establishment of a large kickboxing studio. No building expansion or other exterior change is proposed (reference Attachment 2 – Project Plans). The submitted project description indicates that the business would provide upwards of 35 training classes throughout the week at a maximum of 30 customers at one time. The studio would be open Monday through Saturday, with hours of operation ranging from 4:30 AM to 12:00 AM (reference Attachment 3 – Written Request). Zoning Consistency: The project site is located within the C-1 (Neighborhood Commercial) Zoning District. This zoning district is intended "to provide for retail sales, offices, and services serving the daily needs of nearby residents of the city and to promote stable and attractive commercial development which will be compatible with neighboring residential uses" (CMC 21.10.040.A). In this regard, fitness studios are identified as an allowable use subject to approval of a Conditional Use Permit. As the proposed kickboxing studio is neighborhood-serving business, the proposal may be found consistent with the C-1 Zoning District. General Plan Consistency: The land use designation for the project site is Neighborhood Commercial. The General Plan describes this designation as being principally intended to accommodate neighborhood-serving uses. The fitness studio is a small scale facility—as compared to a regional- serving gym—that will provide a convenient service to the community near places of work, consistent with the General Plan. Neighborhood Commercial: The Neighborhood Commercial category is designed to encourage the location of commercial uses at major intersections in residential areas. Neighborhood Commercial uses accommodate small- scale, lower intensity commercial and office uses that provide goods and services to the adjacent residential neighborhood and are accessible by automobile, bicycle, transit, and by foot. Neighborhood Commercial areas should be designed to encourage convenient pedestrian and bicycle travel to and from surrounding neighborhoods. The architecture of the buildings should be compatible to the neighborhood. Grocery stores, pharmacies, restaurants, laundries and personal services are examples of neighborhood commercial uses. Staff Report – Planning Commission Meeting of October 8, 2019 Page 3 of 3 PLN2019-161 ~ 152/156 N. San Tomas Aquino Rd. The proposed fitness studio would also be consistent with the following General Plan strategy and policies: Strategy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Policy LUT-11.2a: Services Within Walking Distance: Encourage neighborhood serving commercial and quasi-public uses, such as churches, schools, and meeting halls to locate within walking distance of residential uses. Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Late Night Activity: The Zoning Code classifies any land use occurring prior to 6:00 AM or after 11:00 PM as a "late night activity." Such business activity can present potential issues to neighboring residents such that additional scrutiny is warranted. As a result, the Zoning Code requires conditional use approval to allow the City to consider early and/or late operational hours on a case-by-case basis. The subject tenant space is located approximately 65 feet to an apartment building separated by the shopping center’s rear loading ramp and the apartment community’s driveway. As conditioned, the fitness studio will be required to keep the doors closed at all times and limit interior noise to a level that is not audible to residential properties. If the City receives verified noise complaints, a standard condition of approval will allow the Community Development Director to curtail the operational hours pending a hearing with the Planning Commission. Parking: Large fitness studios (those with more than twelve participants at any given time) are subject to a parking standard of one space for each instructor/employee plus 1 space for each 4 participants, but not less than 1 space per 200 square-feet of gross floor area. For the proposed studio, the latter element of the standard applies, requiring 16 stalls. Since this is the same parking demand required of a retail use—which the shopping center was developed at—the project would comply with the parking standard. Public Comment: No public comment has been received on this application. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application as no physical changes to the site are proposed. Attachments: 1.Draft Resolution 2.Project Plans 3.Written Description Prepared by: Daniel Fama, Senior Planner Approved by: Paul Kermoyan, Community Development Director RESOLUTION NO. 455_ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2019-151) TO ALLOW ESTABLISHMENT OF A LARGE FITNESS STUDIO (I LOVE KICKBOXING) WITH LATE- NIGHT ACTIVITIES ON PROPERTY LOCATED AT 152/156 N. SAN TOMAS AQUINO ROAD. FILE NO: PLN2019-151 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 PLN2019-151: 1.The project site is a tenant space located within the San Tomas Plaza Shopping Center. 2.The project site is located at the northeast corner of North San Tomas Aquino Road and West Campbell Avenue. 3.The project site is within the C-1 (Neighborhood Commercial) Zoning District and within the Neighborhood Commercial General Plan Land Use District as depicted on the City of Campbell Zoning and General Plan Maps, respectively. 4.The proposed project is an application for a Conditional Use Permit to allow establishment of a large fitness studio (I Love Kickboxing) with late-night activities. 5.The proposed project includes two land uses that are conditionally permitted in the C-1 Zoning District, including "studio, large" and "late night activities." The proposed project, therefore, is allowable in the C-1 Zoning District upon approval of a Conditional Use Permit. 6.The proposed project would be consistent with the applicable parking standard pursuant to CMC Section 21.28.040.D.1 (Expansion/remodeling of structure, or change in use). 7.The proposed project, as conditioned, would be consistent with the following General Plan policies and strategies: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Attachment 1 Planning Commission Resolution No. 45__Page 2 of 3 PLN2019-151 ~ 152/156 N. San Tomas Aquino Rd. 8.In review of the proposed project, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 9.In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 10. 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. 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. 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.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 (PLN2019-151) to allow establishment of a large fitness studio (I Love Kickboxing) with late-night activities on property located at 152/156 N. San Tomas Aquino Road, subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 45__Page 3 of 3 PLN2019-151 ~ 152/156 N. San Tomas Aquino Rd. PASSED AND ADOPTED this 8th day of October, 2019, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: APPROVED: Andrew Rivlin, Chair ATTEST: Paul Kermoyan, Secretary Exhibit A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2019-151) 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 to allow establishment of a large fitness studio (I Love Kickboxing) with late-night activities on property located at 152/156 N. San Tomas Aquino Road. The project shall substantially conform to the Project Description and Revised Project Plans stamped as received by the Community Development Department on August 15, 2019 and September 9, 2019, respectively, except as may be modified by the Conditions of Approval specified herein. 2.Approval Expiration: The Conditional Use Permit (hereon "Approval") shall be valid for twelve (12) months from the effective date of Planning Commission action (expiring October 18, 2020). Within this twelve-month period an application for a building permit for interior tenant improvement work must be submitted in compliance with Campbell Municipal Code (CMC) Section 21.56.030.B (Project Established). Failure to meet this deadline or expiration of an issued building permit will result in this Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property, subject to continued operation of the use except upon revocation pursuant to Condition of Approval No. 4 (Revocation of Permit). 3.Signage: No signage has been approved as part of this development application. New signage shall not be installed prior to approval of a sign permit as required by the Campbell Municipal Code. New signs shall conform to the San Tomas Plaza Master Sign Plan. 4.Operational Parameters: Consistent with the submitted Project Description, any business operating pursuant to this Approval 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 large fitness studio with late night activities, as defined by the Campbell Municipal Code. b.Employees: No more than three employees shall be within the studio at any given time. Exhibit A - Conditions of Approval ~ 152/156 N. San Tomas Aquino Rd.Page 2 PLN2019-151 – Conditional Use Permit c.Clients: Classes shall be limited to 30 students. d.Scheduling: Classes shall be staggered by at least 15 minutes. e.Hours of Operation: The hours of operation shall be restricted to 4:30 AM - 9:00 PM, M-F and 7:00 AM - 12:00 AM, Saturday. 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.Doors: All doors (and windows) shall be kept closed at all times. j.Parking: The parking lot shall be maintained in compliance with the standards in the Campbell Municipal Code. All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. Parking shall be restricted for on-site uses only. k.Smoking: “No Smoking” signs shall be posted on the premises in compliance with CMC Section 6.11.060. l.Window Glazing: All storefront glazing shall remain unobscured, except for the 25% of window area permitted to be occupied with window signage. m.Storefront: The construction drawings submitted for a building permit shall indicate replacement door(s) with fixed-pane window(s) consistent with the building's existing storefront system for any non-operable doors not required for egress purposes. n.Noise: Unreasonable levels of noises, sounds and/or voices, including but not limited to amplified sounds from radio and loud speakers, shall not be audible to a person of normal hearing acuity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation pursuant to Condition of Approval No. 4 (Revocation of Permit). 5.Revocation of Permit: Operation of the fitness studio pursuant to this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a land use permit if it is determined that the hours of operation have become a nuisance to the City’s public health, safety or welfare or for violations of the land use permit or any standards, codes, or ordinances of the City of Campbell. The business owner shall be Exhibit A - Conditions of Approval ~ 152/156 N. San Tomas Aquino Rd.Page 3 PLN2019-151 – Conditional Use Permit obligated to cover the actual cost of all staff time associated with revocation proceedings. This obligation may be enforced by the City as permitted by law. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. The Community Development Director may commence proceedings for the revocation of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time, restrict the establishment's hours of operation. In exercising this authority, the decision making body may consider the following factors, among others: a.The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of customer actions; b.The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c.Violation of conditions of approval. Attachment 2 ILOVEKICKBOXING.COM Written Statement 08/14/2019 NANDA RAMAMIRTHAM AND UMA MANNARSAMY ILOVEKICKBOXING 156 N. SAN THOMAS AQUINO ROAD CAMPBELL, CA 95008 Attachment 3 iLoveKickboxing.com 156 & 152 N San Thomas Aquino Road Table of Contents Project Details ............................................................................................................................ 2 Company Overview ............................................................................................................................ 2 Objectives ..................................................................................................................................................... 2 Mission ......................................................................................................................................................... 2 Company Background ........................................................................................................................ 2 Company Ownership ..................................................................................................................................... 2 Staffing ......................................................................................................................................................... 2 Services .............................................................................................................................................. 3 Group Fitness Classes .................................................................................................................................... 3 Retail Area .................................................................................................................................................... 4 Community Benefits ................................................................................................................... 4 Noise and Traffic ........................................................................................................................ 4 Chemical Storage and Deliver .................................................................................................... 4 iLoveKickboxing.com 156 & 152 N San Thomas Aquino Road 1. Project Details 1.1. Company Overview I Love Kickboxing (ILKB) is a boutique fitness franchise with more than 200 studios currently in operation across the US and expanding to the Bay Area with locations in San Jose, Pacifica, San Mateo, Walnut Creek, Danville, Concord, Brentwood and Tracy. We are a group fitness studio (not a martial arts studio) similar to what Boot Camps, Spinning, Treadmill/Row Machine/Weights combo, Yoga and other group programs offer with several scheduled 1 hour classes per day. We use water weighted heavy kickboxing bags standing on the floor (not hung) that our members punch and kick to get their heart rate up and muscles engaged. Our classes are open to adults over 18 (highest enrollment is expected to be adults over 25) and teens between 13 to 17 can attend with parent/guardian sponsorship. 1.1.1. Objectives The company has the following objectives: • Provide high quality fitness classes using Kickboxing techniques to help our members achieve their fitness goals. • Provide a community for our members to engage with each other outside of the studio to support and hold each other accountable for a healthy life style. 1.1.2. Mission It is the mission of ILKB to provide a group fitness program that is accessible to all levels by well- trained instructors. Through positive reinforcement and detailed practice of technique, we build our customer’s mental and physical fitness. 1.2. Company Background In February 2018 Nando R and Uma M started our first ILKB location at 5681 Snell Ave in San Jose, CA. The studio has 8 employees and is open Monday through Saturday offering 35 classes from 5am to 9pm throughout the week. This location has been profitable from the beginning and we received the license to open our 2nd studio in Campbell from the franchisor. 1.2.1. Company Ownership Nanda Ramamirtham and Uma Mannarsamy are the owners of KNU Fitness, LLC (dba I Love Kickboxing). Nanda Ramamirtham runs the business and operations side of the studio and Uma Mannarsamy, who has a full time job at Apple Inc, does quality assurance and corporate strategy. 1.2.2. Staffing The studio plans on hiring 1 full time manager for day to day operations of the studio and 8 to 10 part time instructors to teach the group fitness classes. During peak times up to 3 employees will be at the studio. The studio is able to operate with 1 employee during the non- peak times. iLoveKickboxing.com 156 & 152 N San Thomas Aquino Road 1.3. Services 1.3.1. Group Fitness Classes The hours of operation for the studio are as follows: Employees: M-F 4:30am to 9pm Sat 7am to 12pm Customers: M-F 4:45am to 8:45pm Sat 7:15am to 11:45pm At full operations the studio will have approximately 35 group fitness classes, 6 days a week with the similar to what is shown in figure 1. Figure 1 – Typical Schedule (from our existing Studio in San Jose) iLoveKickboxing.com 156 & 152 N San Thomas Aquino Road 1.3.2. Retail Area There will be a small retail wall with boxing gear, apparel, snacks and drinks. 2. Community Benefits Getting and staying fit is an important aspect to leading a healthy life but often it becomes a challenge to do because of busy schedules or boring workouts. I Love Kickboxing takes pride in offering a fitness experience for the Campbell neighborhood that exercises both the cardiovascular and muscular systems of the body in a fun engaging way that keeps our members on their fitness journey. The community we form around the studio using social media educates and motivates our members to lead a healthy life outside the studio and develop friendships that last a life time. 3. Noise and Traffic At maximum capacity, there can be 30 members taking a class at the studio. Classes are 1 hour long scheduled apart by at least 15 mins to 30 mins with various larger gaps between classes throughout the day. 4. Chemical Storage and Delivery There will be no hazardous chemicals used at this facility. Typical cleaning solutions and disinfectants will be stored to keep the facilities clean.