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09-26-2023 - PC Agenda Packet Planning Commission REGULAR MEETING AGENDA Tuesday, September 26, 2023 | 7:30 PM City Hall Council Chamber – 70 N. First Street CALL TO ORDER / ROLL CALL This Planning Commission meeting will be conducted in person and virtually via video teleconferencing (Zoom) in compliance with the provisions of the Brown Act. Members of the public may attend this meeting in person at Campbell City Hall or virtually via Zoom at https://campbellca.gov/PCSignup. The meeting will also be live streamed on Channel 26, the City's website, and on YouTube at https://www.youtube.com/@CityofCampbell. Written correspondence will be accepted via email at planning@campbellca.gov until 5:00 PM on the day of the meeting, and thereafter may be delivered in-person at the public hearing. Written correspondence will be posted to the City’s website and distributed to the Planning Commission. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number. APPROVAL OF MINUTES 1. Approval of Minutes of September 12, 2023 (Roll Call Vote) ➢ Meeting Minutes, 9/12/2023 (Regular Meeting) COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for individuals wishing to address the Planning Commission on matters of community concern that are not listed on the agenda. In the interest of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the Commission from acting on non-agendized items, however, the Chair may refer matters to staff for follow-up. PUBLIC HEARING Note: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Planning Commission’s consent at the meeting. Planning Commission Agenda for September 26, 2023 Pg. 2 2. PLN-2023-148 – 412 E. Campbell Avenue Public Hearing to consider the application of Paige Kepner to allow an existing 3,043 square-foot fitness studio (dba F45 Training) to operate with hours beginning at 5:00 AM on property located at 412 E. Campbell Avenue. The application under consideration is a Conditional Use Permit for an existing pedestrian-oriented activity with proposed late- night activities (early morning hours). File No.: PLN-2023-148. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Nishant Seoni, Contract Associate Planner. Recommended Action: Adopt a Resolution (reference Attachment A), approving a Conditional Use Permit (PLN-2023-148). OLD BUSINESS 3. Ad hoc Subcommittees Discussion The assembled ad hoc Subcommittees may provide updates of their activities, as applicable, to the Planning Commission. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the Planning Commission meeting of October 10, 2023, at 7:30 PM, in the City Hall Council Chambers, 70 North First Street, Campbell, California and via telecommunication. Americans with Disabilities Act (ADA) In compliance with the Americans with Disabilities Act, listening assistance devices are available for meetings held in the Council Chambers. If you require accommodation to participate in the meeting, please contact the City Clerk’s Office at ClerksOffice@campbellca.gov or 408-866-2117 in advance of the meeting. PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, September 12, 2023 I 7:30pm City Hall Council Chamber CALL TO ORDER The Regular Planning Commission meeting of September 12, 2023 was called to order at 7:30 pm by Chair Buchbinder, and the following proceedings were had to wit. ROLL CALL Members present: Rob Eastwood, Director Bill Seligmann, City Attorney Tracy Tam, Associate Planner Ken Ramirez, Administrative Analyst APPROVAL OF MINUTES 1. Approval of Minutes of August 22, 2023 (Roll Call Vote) ➢ Meeting Minutes, 8/22/2023 (Regular Meeting) ➢ Commissioner Majewski abstained. All other commissioners approved. Consensus from Planning Commission to provide further clarification to Page 2 Meeting Minutes in regards to the Shelter Crisis Report summary. COMMUNICATIONS None Planning Commissioners Present: Adam Buchbinder, Chair Alan Zisser, Vice Chair Davis Fields Maggie Ostrowski Matt Kamkar Michael Krey Cori Majewski Planning Commission Absent Campbell Planning Commission Meeting Minutes – September 12, 2023 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL COMMUNICATIONS This portion of the meeting is reserved for individuals wishing to address the Planning Commission on matters of community concern that are not listed on the agenda. In the interest of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the Commission from acting on non-agendized items, however, the Chair may refer matters to staff for follow-up. Opened and Closed Public Comment, no public comments were received PC RESOLUTION OF APPRECIATION – STUART CHING PUBLIC HEARING Note: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Planning Commission’s consent at the meeting. 2. PLN-2023-72 – 490 Division Street Public Hearing to consider the application of Mark Frederick (Move It Silicon Valley) to allow for a large studio use (i.e., fitness training) to locate in an existing building on property located at 490 Division Street in the RD (Research and Development) Zoning District. The application under consideration is a Conditional Use Permit. File No.: PLN-2023-72. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner Associate Planner Tracy Tam presented Staff Report to allow for a large studio to locate in an existing building on property located at 490 Division Street. Commissioners received clarification that the vacancy rate in this area is between 3%-7% in this area, that property owners within 300ft of the proposed business were notified of this application, and that this type of business is currently trending and in-demand per the recent Economic Development Strategy Plan update presented at the previous Planning Commission meeting by the Economic Development Manager. Krey- Has direct neighbor been notified? Applicant Mark Frederick stated the proposed business model of this business is scaled to offer more tailored and individual attention to current and new members business. There is currently a large demand for services offered by the business. Campbell Planning Commission Meeting Minutes – September 12, 2023 Page 3 Commissioners asked the applicant what their experience was like in the Conditional Use Permit. Applicant informed the Planning Commission that they abided by all rules and conditions thoroughly but identified competitors that did not have permits and did not go through the Conditional Use Permit process. Applicant stated that the process duration was about 8-months (including work with the architect prior to submittal of the Conditional Use Permit application). Planning Commission encouraged applicant to include a bike rack as part of the Project Plans. Commissioners discussed that in the future parking due to AB 2097 might be an issue and understand that the City will continue to work and balance the best use of available spaces in the City. Planning Commission fully in support of the project and applicant. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields the Planning Commission motioned to grant approval of a Conditional Use Permit (PLN-2023-72) to allow a large studio use (i.e., Fitness Training) in an existing building located at 490 Division Street in the RD (Research and Development) Zoning District. AYES: Fields, Majewski, Ostrowski, Buchbinder, Zisser, Kamkar, Krey NOES: None ABSENT: None ABSTAIN: None NEW BUSINESS 3. Discussion of adoption and appointment of Ad-hoc Parking Requirements Subcommittee Planning Commissioner recommended that Chair look at the top 3-priorities and focus on those, similar to what the Planning Commission Economic Development Subcommittee did with their findings and recommendations. Director confirmed with Planning Commission that the Review and Analysis of the City’s Parking Requirements was not currently on the workplan for the Planning Division. Parking Requirement Modifications are not currently a priority. t Planning Commissioners stated that there are already a lot of efforts being made by the City and the State to mitigate parking requirements for proposed projects. May not be necessary to unnecessarily exacerbate issues with the City of Campbell in certain areas. Campbell Planning Commission Meeting Minutes – September 12, 2023 Page 4 Chair Buchbinder, along with Commissioner Kamkar, formed the Subcommittee on Non-Residential parking reform. 4. Report of the Community Development Director League of California Cities Conference (March 6-8, 2024) will be hosting its Planning Commissioners Academy in Long Beach, California. Commissioner Fields, Majewski, and Kamkar are eligible to attend per Planning Commission training requirements. The Housing Program Manager position is currently going through its recruitment to be able to find a talented individual who will help the City execute the Housing Element deliverables. Chair Buchbinder closed the public hearing and adjourned to the next Regular Planning Commission meeting. ADJOURNMENT Adjourned meeting at 9:10 p.m. to the next Regular Planning Commission Meeting on Tuesday, September 26, 2023, in the City Hall Council Chambers, 70 North First Street, Campbell, California and via telecommunication. PREPARED BY: _______________________________ Ken Ramirez, Administrative Analyst APPROVED: ______________________________ Adam Buchbinder, Chair ATTEST: ________________________________ Rob Eastwood, Secretary ITEM NO. 1 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ September 26, 2023 PLN-2023-148 F45 Training Campbell Public Hearing to consider the request of Paige Kepner of F45 Training for a Conditional Use Permit to allow an existing 3,043 square-foot fitness studio (dba F45 Training) to operate with hours beginning at 5:00 AM “late night activity” on property located at 412 E. Campbell Avenue. File No.: PLN-2023-148. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment A – Draft Resolution), approving a Conditional Use Permit to allow an existing 3,043 square foot fitness studio (“pedestrian-oriented activity”) to operate with hours beginning at 5:00 AM (“late night activity”). ENVIRONMENTAL (CEQA) DETERMINATION Staff recommends that the Planning Commission accept the determination that this project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing private structure. PROJECT DATA Zoning Designation: CB-MU (Central Business Mixed-Use) General Plan Designation: Central Business Mixed-Use Net Lot Area: 10,230 square-feet Building Square Footage: 7,443 square-feet Tenant Square Footage: 3,043 square-feet Parking (Provided): No parking provided Parking (Required): No parking required 1 Operational Hours2: • 5:00 AM through 7:00 PM Monday through Friday; • 6:30 AM through 12:00 PM Saturday through Sunday. 1 The Project Site is served by parking along East Campbell Avenue and nearby parking lots but is not subject to parking minimums in accordance with Assembly Bill 2097. 2 The staff recommended Conditions of Approval would allow a 11:00 PM closing, consistent with the definition for "late night activities". Staff Report ~ Planning Commission Meeting of September 26, 2023 Page 2 of 6 PLN-2023-148 ~ 412 E. Campbell Avenue PROJECT SITE The project site is an approximately 10,230 square-foot parcel located on the southwest corner of East Campbell Avenue and Railway Avenue within the CB-MU (Central Business Mixed-Use) Zoning District, as shown on the aerial map below. The property is developed with two single-story commercial buildings, with four (4) combined tenant spaces that include a dessert store, plant store, a vacant unit, and the subject tenant space. The Project Site is located along East Campbell Avenue, the primary roadway in Downtown, which comprises a mix of general commercial uses including retail, restaurants, personal services, and professional offices. As defined by the General Plan, Collector roadways connects arterials with local streets and provide access and circulation within neighborhoods. Commercial and office uses immediately surround the project site to the north, south, east, and west. In the greater vicinity, the site is surrounded by mixed residential, commercial, and office uses. Figure 1: Aerial Map PROJECT DESCRIPTION Applicant’s Proposal: The submitted application for a Conditional Use Permit would allow an existing personal fitness studio to operate with hours starting at 5:00 AM within an existing multi- tenant commercial building. The Conditional Use Permit would not result in exterior or interior alterations, or changes to the type or intensity of use. The existing floor plan shown in Figure 2, which includes an entrance area, storage, restrooms, and a gym space, will remain unchanged (reference Attachment B – Project Plans). Figure 2: Floor Plan Staff Report ~ Planning Commission Meeting of September 26, 2023 Page 3 of 6 PLN-2023-148 ~ 412 E. Campbell Avenue The fitness studio provides classes in 45-minute increments of up to 36 participants, with two instructors (reference Attachment C – Project Description). Current operating hours are 6:00 AM through 6:30 PM Monday through Friday and 6:30 AM through 12:00 PM Saturday through Sunday. The applicant proposes to begin operating hours at 5:00 AM Monday through Friday. ANALYSIS Zoning Standards Sections 21.10.060 and 21.72.020 of the Campbell Municipal Code (CMC) define a “pedestrian- oriented activity" as a land use that is open to the general public, conducted within the interior of a building, maintains a transparent storefront, and provides food, beverages, retail goods, services, instruction, and/or entertainment to the general public. It specifically includes studios, such as the applicant's business, as defined in CMC Sec. 21.72.020. Pedestrian-oriented activities are allowed by-right in the CB-MU district. As a result, the City issued a ministerial Zoning Clearance and business license in March of this year for F45 Training studio to begin operations. CMC Sec. 21.72.020 defines “late night activities” as land use activities operating between the hours of 11:00 PM and 6:00 AM Per CMC Sec. 21.10.060, late night activities require a Conditional Use Permit in the CB-MU zone. The subject application is to allow a pedestrian-oriented activity to operate at "late night" hours (5:00 AM business opening). The proposed change in hours of operation will not result in any physical alterations to the site, and is therefore not subject to setback, density, and floor area ratio standards. Consistent with Assembly Bill 2097, which limits the placement of parking minimum requirements on most land uses within a half-mile of a transit stop, the project site is also not subject to a parking standard pursuant to CMC Sec. 21.28.045.A since it is located 340 feet from a transit stop (Downtown Light Rail Station). The existing use does not have a history of neighborhood compatibility or nuisance issues, and the and proposed change in operating hours is not anticipated to result in future nuisance. The nature and intensity of use will not change, and Staff does not anticipate that significant noise or light generating activities will occur prior to 6:00 AM or during daytime hours. Residences are located in the general vicinity of the site, with the closest approximately 300 feet north along Civic Center Drive. In order to minimize noise and light disturbances to residences and neighboring uses, Staff is recommending Conditions of Approval limiting operating hours, outdoor activities, noise generating activities, and use of artificial light consistent with CMC 21.16.060 (Conditional Use Permit outdoor light and glare), CMC 21.16.070 (Conditional Use Permit noise), and CMC 21.18.090 (Lighting design standards) requirements. These Conditions are summarized below: • 3.c limits hours of operation to begin at the requested time of 5:00 AM and end at 11:00 PM. • 3.d requires that trash is stored within enclosures and noise generating cleaning activities occur after 6:00 AM. • 3.e and 3.f prohibit smoking and loitering on the site. • 3.g limits noise, specifically from open doors, deliveries, and outdoor speakers. • 3.h, 3.i, and 3.k limit outdoor storage, outdoor display, and obstructions to the building façade and entrance. • 3.j required shielded outdoor lighting and Community Development Director approval of new lighting design. Staff Report ~ Planning Commission Meeting of September 26, 2023 Page 4 of 6 PLN-2023-148 ~ 412 E. Campbell Avenue Downtown Development Plan The project is located within the Downtown Development Plan. The Downtown Development Plan was established with the intent to establish and maintain Downtown Campbell as the City’s core, and provides policies and guidelines regarding design, infrastructure, growth, and historic preservation. The existing use provides a ground floor commercial use and service for community members and contributes to a variety of services available in the Downtown in compliance with Policy LU-2.1: Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor space along East Campbell Avenue between Third Street and the light rail tracks as a distinctive retail and restaurant experience with ground floor uses that are diverse and interesting and contribute strongly to a distinctive and unique shopping experience. FINDINGS To grant a land use approval, the decision-making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use approval under review. This application requires establishment of findings for a Conditional Use Permit. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them. Conditional Use Permit Findings: Pursuant to CMC Sec. 21.46.040 (Findings and decision), prior to making the findings for a Conditional Use Permit, the Planning Commission must first affirmatively establish all six (6) of the findings described in italics below. An explanation of how the project meets each finding is provided. A. 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; The project proposes to allow an existing fitness studio (“pedestrian-oriented activity”) to operate with hours beginning at 5:00 AM (“late night activity”). As noted, pedestrian-oriented activities are principally permitted use within the CB-MU zone. Late night activities are permitted within the CB-MU Zoning District upon approval of a Conditional Use Permit. This allows the City to impose operational requirements as conditions of approval to ensure that the implementation does not result in negative impacts to the surrounding areas. B. The proposed use is consistent with the General Plan; The General Plan Land Use designation of Central Business Mixed-Use allows for shopping, service, and entertainment uses within a pedestrian oriented urban environment. The proposed use is consistent with the General Plan Land Use designation, because it proposes to provide a service utilized by a mix of clientele arriving from various locations in and outside the City. The applicant’s proposal may also be found to further the following General Plan policies: • LU-1.1: Provide for a broad range of land uses within the city that are conveniently located in proximity to transit opportunities, and provide for commercial, public, and quasi-public uses that support and enhance the livability of residential neighborhoods and districts. • LU-1.10: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment for residents and visitors. Staff Report ~ Planning Commission Meeting of September 26, 2023 Page 5 of 6 PLN-2023-148 ~ 412 E. Campbell Avenue • LU-5.1: Ensure that new development within the Downtown Area complies with the requirements of the Campbell Downtown Development Plan • ED-2.5: Encourage retention and expansion of local businesses as appropriate to provide a range of jobs and services to residents, to retain revenue in the city, and respond to community needs for key amenities and services. • ED-2.8: Promote local purchase of goods and services by residents, workers, businesses and city government in order to retain spending within the local economy and generate revenue for the city. • N-1.1: Consider the noise compatibility of existing and future development when making land use planning decisions with an emphasis on protecting neighborhoods and people from excessive noise levels, while still accommodating new development and uses. • N-1.2 Require development projects and changes to existing uses to be consistent with the standards indicated in Table N-1 to ensure acceptable noise levels for existing and future development. • N-1.7: Continue to recognize that "late night activities" (land use activities operating from 11:00 p.m. to 6:00 a.m., not including the lawful, reasonable, and customary use of residential uses or professional offices that does not interfere with the reasonable use and enjoyment of other properties) may present a potential noise impact, and should be carefully reviewed to ensure compatibility with adjacent residences. C. 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; The project site is an existing property that already is adequate to accommodate fences, walls, landscaping, parking and loading facilities, and yards necessary to accommodate the existing use. No new development is proposed, and the project does not require new fencing, walls, landscaping, parking and loading facilities, or yards. D. 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; The proposed change to operating hours of the existing use is not anticipated to result in an appreciable increase in the amount of traffic generated by the business. The site is served by multiple transit stops. E. 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; and The existing fitness studio use is compatible with surrounding uses, which are comprised of a mix of general commercial uses including restaurants, personal services, and professional offices. The proposed change in operating hours will not change the nature or intensity of the existing use and is not anticipated to result in substantially increased vehicle or foot traffic. F. 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. Although the Municipal Code does not provide standard operational requirements for studio use, the studio is an existing use that does not have a history of neighborhood Staff Report ~ Planning Commission Meeting of September 26, 2023 Page 6 of 6 PLN-2023-148 ~ 412 E. Campbell Avenue compatibility issues and the proposed change in hours of operation will not change the nature or intensity of the existing use. However, staff is recommending that Conditions of Approval be adopted limiting noise, lighting, and outdoor activities to ensure conformance with lighting and noise standards and to address potential incompatibilities with residences along Civic Center Drive. Public Comment: The project was noticed to all property owners within 300 feet of the subject property and publicized in the newspaper (Metro). No public comment was received on this application. SARC Review: This application was not reviewed by the Site and Architectural Review Committee (SARC) as no exterior building changes are proposed as part of this application. Attachments: A. Draft Resolution B. Project Plans C. Project Description Prepared by: Nishant Seoni, Contract Associate Planner Reviewed by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director RESOLUTION NO. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2023-148) TO ALLOW AN EXISTING FITNESS STUDIO (“PEDESTRIAN-ORIENTED ACTIVITY”) TO OPERATE WITH HOURS BEGINNING AT 5:00 AM (“LATE NIGHT ACTIVIT”) WITHIN AN EXISTING MULTI-TENANT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 412 E. CAMPBELL AVENUE IN THE CB-MU (CENTRAL BUSINESS MIXED-USE) ZONING DISTRICT. 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 did find as follows with regard to application PLN-2023-148: 1. The Project Site is zoned CB-MU (Central Business Mixed-Use) and designated Central Business Mixed-Use by the General Plan. 2. The Project Site is an approximately 10,230 square-foot parcel located on the southwest corner of East Campbell Avenue and Railway Avenue. The subject use occupies a 3,043 square-foot unit on the parcel. 3. The Project Site is currently developed with two single-story commercial buildings, with four (4) combined tenant spaces that include a dessert store, plant store, the subject tenant space, and a vacant unit. 4. The Project Site is located along a Commercia/Residential Collector (East Campbell Avenue) which includes a mix of general commercial uses including retail, restaurants, personal services, and professional offices. Low density residential land uses occur in the project site vicinity. 5. The applicant is requesting approval of a Conditional Use Permit to allow a change of operating hours to allow “late night activity” within an existing multi-tenant commercial building. 6. The existing use of the Project Site as a fitness studio (“pedestrian-oriented activity”) is allowed within the CB-MU Zoning District outright. The proposed use of the Project Site during “late night hours,” as described in the Project Description included in the September 26, 2023, Staff Report as Exhibit C, is allowed in the CB-MU Zoning District through the approval of a conditional use permit as described in Campbell Municipal Code Sec. 21.11.060 (Central Business Mixed-Use zoning district)). 7. The business would operate between 5:00 AM through 10:00 AM, 12:00 PM through 1:00 PM, and 4:00 PM through 7:00 PM Monday through Friday; 6:30 AM through 12:00 PM Saturday through Sunday. Attachment A Planning Commission Resolution No. Page 2 of 4 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-148) – F45 Training Campbell 8. The site is served by parking spaces on East Campbell Avenue and parking lots in the vicinity. The site is not subject to parking minimums in accordance with Assembly Bill 2097. 9. Allowing an existing fitness studio to operate during “late night hours” will satisfy the purpose/intent of the Commercial-Business Mixed Use General Plan land use designation which, as noted, is intended support a variety of uses, and retain businesses within Campbell. The applicant’s proposal may also be found to further the following General Plan policies and strategies: • LU-1.1: Provide for a broad range of land uses within the city that are conveniently located in proximity to transit opportunities, and provide for commercial, public, and quasi-public uses that support and enhance the livability of residential neighborhoods and districts. • LU-1.10: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment for residents and visitors. • LU-5.1: Ensure that new development within the Downtown Area complies with the requirements of the Campbell Downtown Development Plan • ED-2.5: Encourage retention and expansion of local businesses as appropriate to provide a range of jobs and services to residents, to retain revenue in the city, and respond to community needs for key amenities and services. • ED-2.8: Promote local purchase of goods and services by residents, workers, businesses and city government in order to retain spending within the local economy and generate revenue for the city. • N-1.1: Consider the noise compatibility of existing and future development when making land use planning decisions with an emphasis on protecting neighborhoods and people from excessive noise levels, while still accommodating new development and uses. • N-1.2 Require development projects and changes to existing uses to be consistent with the standards indicated in Table N-1 to ensure acceptable noise levels for existing and future development. • N-1.7: Continue to recognize that "late night activities" (land use activities operating from 11:00 p.m. to 6:00 a.m., not including the lawful, reasonable, and customary use of residential uses or professional offices that does not interfere with the reasonable use and enjoyment of other properties) may present a potential noise impact, and should be carefully reviewed to ensure compatibility with adjacent residences. 10. In review of 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. 11. 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. 12. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Planning Commission Resolution No. Page 3 of 4 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-148) – F45 Training Campbell Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 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; and 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; Environmental Finding(s) (CMC Sec. 21.38.050): 7. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure. 8. 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2023-148) to allow an existing fitness studio (“pedestrian- oriented activity”) to operate with hours beginning at 5:00 AM (“late night activity”) within an existing multi-tenant commercial building on property located at 412 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 26th day of September, 2023, by the following roll call vote: Planning Commission Resolution No. Page 4 of 4 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-148) – F45 Training Campbell AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2023-148) 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. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2023-148) to allow an existing fitness studio (“pedestrian-oriented activity”) to operate with hours beginning at 5:00 AM (“late night activity”) within an existing multi-tenant commercial building on property located at 412 E. Campbell Avenue. The project shall substantially conform to the Project Plans and Project Description included as Attachments B and C in the September 26, 2023 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approved herein ("Approval") shall be valid for one (1) year from the effective date of Planning Commission approval (expiring October 6, 2024). Once established, this Approval shall be valid in perpetuity on the Project Site, subject to continued operation of the use. Discontinuation of the use for a continuous period of twelve months shall void the Approval upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued. 3. Operational Standards: Consistent with the submitted Project Description and City standards, the fitness studio use pursuant to this Approval shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Approved Use: The approved use is a fitness studio (“pedestrian-oriented activity”), as defined by the Campbell Municipal Code, operating with hours beginning at 5:00 AM (“late night activity”) and as limited by the operational standards listed herein. b. Business License: The business shall be required to obtain and maintain a City business license at all times. Planning Commission Resolution No. Page 2 of 3 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-148) – F45 Training Campbell c. Hours of Operation: The approved fitness studio may operate between the hours of 5:00 AM and 11:00 PM Monday through Friday, and 6:00 AM and 11:00 PM Saturday through Sunday. d. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur after 6:00 AM. e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. f. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering, including contacting the Police Department as necessary to enforce this requirement. g. Noise: Regardless of decibel level, no noise generated by the approved shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation and/or commence revocation proceedings pursuant to Condition of Approval No. 12 (Revocation of Permit). The following restrictions shall also be adhered to limit potential noise impacts: a. Doors shall remain closed at all times and will not be propped open to contain interior noise. b. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM. c. Outdoor speakers are prohibited. h. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials, and/or refuse stored outside the building or within the adjacent parking lot area. i. Outdoor Display: No outdoor display of merchandise is allowed on the subject property. j. Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090). k. Facade: Facades shall maintain floor to ceiling windows, which shall be kept clear of any obstructions to provide an inviting and attractive setting for pedestrians. 4. 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. Exterior areas of the business shall include not only the parking Planning Commission Resolution No. Page 3 of 3 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-148) – F45 Training Campbell lot and private landscape areas, but also include the public right-of-way adjacent to the business. 5. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 6. Revocation of Permit: Operation of a fitness studio during “late night hours” pursuant to this Approval is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a twelve (12) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits 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 immediately 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 and/or employee actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding, noise, and/or other operational impacts; and c. Violation of conditions of approval. August 8, 2023 Paul Kepner PK Fitness Ventures LLC d.b.a. F45 Training Campbell 412 E. Campbell Ave Campbell, CA 95008 (619) 274-5771 Project Description Document To Whom It May Concern: I am writing to offer further clarification behind our business’s intent for business operations in Downtown Campbell. F45 Training Campbell is a functional fitness studio offering group fitness classes in forty-five minute classes throughout the day. Hours of operation on weekdays would ideally be from 5:00 AM to 10:00AM, Noon to 1:00 PM, and 4:00 PM to 7:00 PM. On weekends, the studio would operate from 6:30 AM to noon. The building in question is the existing building at 412 E. Campbell Ave, an approximately 2,500 square foot single story space. Our project goal is very simply to offer the people of Campbell the best possible physical training available, and thereby vastly improve health and wellness for hundreds of Campbell’s residents. Our concept of operation is highly collaborative with local businesses both in and outside of the fitness space, and we strive to build a community among our members, local residents, and neighboring businesses. We are looking forward to a fruitful partnership with the City of Campbell and our neighboring businesses, and we welcome any questions. Very Respectfully, Paige and Paul Kepner Attachment C