PC Res 4710RESOLUTION NO. 4710
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
TO ALLOW ESTABLISHMENT OF AN APPROXIMATELY 40,000
SQUARE-FOOT HEALTH/FITNESS CENTER WITH "LATE NIGHT
ACTIVITIES," AND ANCILLARY NON-LICENSED TEMPORARY
CHILDCARE SERVICES WITHIN AN EXISTING COMMERCIAL
BUILDING FORMALLY OCCUPIED BY BED, BATH, AND BEYOND,
FOR PROPERTY LOCATED AT 515 E. HAMILTON AVENUE. FILE
NO.: PLN-2024-87.
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 of the City of
Campbell does ordain as follows:
1. The Project Site is zoned GC (General Commercial) on the City of Campbell Zoning Map.
2. The Project Site is designated General Commercial on the City of Campbell General
Plan Land Use Map.
3. The Project Site is an 8.18-acre commercial parcel located at the northeast corner of
East Hamilton Avenue and Almarida Drive.
4. The Project Site is developed with two commercial buildings constructed pursuant to a
Site and Architectural Review Permit (PLN2004-07,18,19,26, & 33) granted by the City
Council on appeal on May 4, 2004, by Resolution No. 10331.
5. The Proposed Project is an application for a Conditional Use Permit to allow
establishment of an approximately 40,000 square-foot "health/fitness facility" with a 5:00
AM public opening ("late night activities") and ancillary non-licensed temporary childcare
services, within an existing commercial building.
6. The Proposed Project would be consistent with the following General Plan policies and
strategies by introducing a use that is compatible with the adjacent neighborhood,
provides a service within walking distance of that neighborhood, and facilitating the
ongoing use of the shopping center.
Action LU-2.a: Through the development review and permit process, screen development
proposals for land use compatibility, including conformance with existing
development or neighborhoods.
Policy LU-4.6: Strongly encourage rehabilitation and redevelopment of existing shopping centers
at those locations where a dominant retail use is still likely to be viable. Encourage
conversion to non-retail uses at those locations with obsolete retail space, limited
opportunity for future viable retail uses, or both.
Policy ED-2.3: Encourage the revitalization of existing shopping centers, business parks,
industrial areas, and key corridors as needed in order to meet the economic
development goals of the city.
Planning Commission Resolution No. 4710 Page 2 of 4
515 E. Hamilton Avenue
Conditional Use Permit (PLN-2024-87)
7. A "Transportation Fair Share Contribution Fee" shall be imposed as a condition of
approval in compliance with Government Code § 66000. The purpose of the fee is to
satisfy the City's obligations under the Congestion Management Program (CMP)
pursuant to Government Code § 65088 - 65089.10 and to further General Plan Strategy
LUT-2.3a (Intersection Level of Service), both of which require the City to maintain the
level-of-service (LOS) of designated CMP intersections. The fee will be used to facilitate
the construction of the Hamilton Avenue Highway 17 Southbound Offramp project, as
described in the City's Capital Improvement Plan (CIP), along with other developer fees,
grants, and City reserve funds. There is a reasonable relationship between the need for
the public facility and the type of development project on which the fee is imposed in that
the aforementioned offramp project will directly benefit customers of the proposed
development who will make frequent use of this offramp as it provides direct and
immediate access to the property from southbound Highway 17. Further, there is a
reasonable relationship between the fee’s use and the type of development project in
that the fee ($37,000) is equal to the project's proportional share of the anticipated
cumulative traffic volume (1.24%) multiplied against the $3,000,000 offramp project,
construction cost, as documented in the project's traffic impact analysis (TIA).
8. Consistent with the City's Vehicle-Miles-Traveled (VMT) Policy, the Proposed Project
has been "screened-out" due to its proximity to the Hamilton Light-Rail Station.
9. The Proposed Project is not subject to a Parking Modification Permit requirement
pursuant Government Code § 65863.2, which precludes the City from imposing or
enforcing a parking requirement for a development project located within one-half mile
of public transit. The Project Site is within one-half mile of the Hamilton Light-Rail Station.
10. The Proposed Project includes "temporary childcare services," which is an ancillary child
day care for fitness facility members that is exempt from State licensure pursuant to
Health and Safety Code § 1596.792(k). This activity is permissible since the C-2 (General
Commercial) Zoning District allows for commercial daycare centers, which is a directly
comparable use pursuant to CMC Section 21.02.020.F.1 (Similar uses allowed).
11. Pursuant to CMC Sec. 5.48.060(b)(4), massage therapists, in possession of a valid
massage permit or state massage certification, providing massage services at a licensed
personal fitness training center or gym that are clearly incidental to the operation of that
business, do not constitute a "massage establishment".
12. Consistent with City Council Resolution No. 10331, the proposed health/fitness facility
shall be required to participate in the VTA SmartPass program to provide transit passes
to its employees.
13. 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.
14. 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.
Planning Commission Resolution No. 4710 Page 3 of 4
515 E. Hamilton Avenue
Conditional Use Permit (PLN-2024-87)
15. No substantial evidence has been presented which shows that the Proposed Project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
16. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Conditional Use Permit Finding (CMC Sec. 21.45.040):
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 Findings (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, permitting, and minor
alterations of an existing private structure involving negligible or no expansion of existing
or former use.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit to allow establishment of an approximately 40,000 square-foot Health/fitness
Center with "late night activities," and ancillary non-licensed temporary childcare services
within an existing commercial building formally occupied by Bed, Bath, and Beyond, on
property located at 515 E. Hamilton Avenue, subject to the attached Conditions of Approval
(attached Exhibit "A")
Planning Commission Resolution No. 4710 Page 4 of 4
515 E. Hamilton Avenue
Conditional Use Permit (PLN-2024-87)
PASSED AND ADOPTED this 25th day of June, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Fields, Krey, Ostrowski
NOES: Commissioners:
ABSENT: Commissioners: Buchbinder, Majewski
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Sep 6, 2024 15:36 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
PLN-2024-87
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 to allow
establishment of an approximately 40,000 square-foot Health/fitness Center with "late
night activities," and ancillary non-licensed temporary childcare services within an
existing commercial building formally occupied by Bed, Bath, and Beyond, on property
located at 515 E. Hamilton Avenue. The Approved Project shall substantially conform
to the Approved Project Plans included as Attachment E of the June 25, 2024, Planning
Commission Staff Report, except as may be modified by Conditions of Approval
contained herein.
1. Permit Expiration: The Conditional Use Permit approved herein ("Approval") shall be
valid for one (1) year from the effective date of Planning Commission approval (expiring
July 5, 2025). Within this one-year period a Building Permit for the project must be issued
pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an
issued Building Permit shall result in the Approval being rendered void. 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.
2. Transportation Fair Share Contribution Fee: Payment of a "Transportation Fair Share
Contribution Fee" in the amount of $37,000 shall be paid prior to issuance of a Certificate
of Occupancy/Building Permit Final.
3. Transit Passes: As required by City Council Resolution No. 10331, Condition of Approval
No. 30 (Eco Pass), the operator shall continuously participate in the VTA SmartPass
program to provide transportation passes to its employees at no cost. The operator shall
furnish evidence that it has enrolled into the SmartPass program prior to issuance of a
Certificate of Occupancy/Building Permit Final.
4. 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 consistent with the "Kohl's
& Bed, Bath, and Beyond Center" Master Sign Plan on file with the Community
Development Department.
5. Operational Standards: Consistent with the Approved Project Description the approved
health/fitness center operating pursuant to this Approval shall conform to the following
operational standards. Significant deviations from these standards (as determined by the
Conditions of Approval – 515 E. Hamilton Avenue Page 2 of 4
PLN-2024-87 ~ Conditional Use Permit
Community Development Director) shall require approval of a Modification of this
Conditional Use Permit by the Planning Commission:
a. Approved Use: The approved use is a "health/fitness center" with "late night
activities" as defined by the Campbell Municipal Code, with ancillary "temporary
childcare services," as defined by Health and Safety Code Section 1596.792(k),
and as limited by the operational standards listed herein. At no time shall the
"temporary childcare services" be operated as a commercial daycare center.
b. Hours of Operation: Hours of operation shall be as follows. By the end of Business
Hours all customers shall have exited the health/fitness facility. By the end of the
Operational Hours all employees shall be off the premises (except for
emergencies). • Business Hours 5:00 AM – 11:00 PM, daily
• Operational Hours: 4:00 AM – 12:00 AM, daily
c. Child Care Activity: Temporary childcare services may only be provided to parents
and guardians who are within the health/fitness facility as members, in compliance
with Health and Safety Code Section 1596.792(k). If this section is rescinded or
interpreted in such a manner by the Community Care Licensing Division of the
California Department of Social Service as not to exempt the health/fitness center
from daycare facility licensure, the temporary childcare services shall cease to be
offered.
d. Security Plan: If deemed necessary by the Police Department, the operator shall
prepare a security plan to the satisfaction of the Police Chief, including, but not
limited to, provision of private security, installation of a security camera system,
installation of additional security lighting, and/or installation of security signage.
e. Outdoor Activity: Outdoor exercise activities are prohibited and shall not be
offered by the health/fitness facility.
f. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept
within the trash enclosure except during collection in compliance with CMC Chapter
6.04 (Garbage and Rubbish Disposal). Emptying of trash receptacles and
placement of refuse and recyclable materials into the trash enclosure receptacles
shall occur only during the hours of 6:00 AM to 11:00 PM, daily.
g. Bicycle Parking: The health/fitness center shall provide and maintain exterior
bicycle parking as directed by the Community Development Director.
h. Landscape Maintenance: All landscaping shall be maintained in compliance with
Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance
Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or
unhealthy plants shall be replaced with healthy plants of the same or similar type.
i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
Conditions of Approval – 515 E. Hamilton Avenue Page 3 of 4
PLN-2024-87 ~ Conditional Use Permit
j. Property Maintenance: All exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property, in compliance with CMC
Section 21.16.110 (Site Maintenance).
k. Noise: Regardless of decibel level, no noise generated by the health/fitness center
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, subject to
commencement of a revocation hearing pursuant to Condition of Approval No. 7
(Revocation of Permit).
l. Massage Services: Massage services may be provided to fitness facility members
in compliance with CMC Section 5.48.060(b)(4).
m. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards provided in CMC Chapter 21.28 (Parking and
Loading).
6. Revocation of Permit: Continue operation of the approved health/fitness center, is
subject to Campbell Municipal Code Chapter 21.68 authorizing the appropriate decision-
making body to modify or revoke a land use approval if it is determined that operation a
use has become a nuisance to the City’s public health, safety or welfare or for violation
of the Conditions of Approval or any standards, codes, or ordinances of the City of
Campbell.
At the discretion of the Community Development Director, if the property generates three
(3) verifiable complaints related to violations of conditions of approval (e.g., noise,
parking, etc.) within a twelve (12) month period, a public hearing before the Planning
Commission may be scheduled to consider modifying conditions of approval or revoking
the Minor Modification approval. The Community Development Director may commence
proceedings for the revocation or modification 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. 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 concerning the operation of an establishment regarding
noise and/or other operational impacts.
c. Violation of conditions of approval.
PUBLIC WORKS DEPARTMENT
7. Construction Drawings: The applicant shall submit the following permit applications prior
to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage
improvements for the project shall be shown on a separate street improvement
plan as detailed here: https://www.campbellca.gov/187/Street-Improvements
Conditions of Approval – 515 E. Hamilton Avenue Page 4 of 4
PLN-2024-87 ~ Conditional Use Permit
8. Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits for the
site, the applicant shall cause plans for public street improvements to be prepared by a
registered civil engineer, pay various fees and deposits, post security and provide
insurance necessary to obtain an encroachment permit for construction of the standard
public street improvements, as required by the City Engineer. The plans shall include the
following, unless otherwise approved by the City Engineer:
a. Per the recommendation of the project TIA, the applicant shall prepare a
striping plan to install “Keep Clear” pavement markings on southbound
Almarida Drive at the project’s southerly driveway.
9. Additional Street Improvements: Should it be discovered after the approval process that
new utility main lines, extra utility work or other work is required to service the project, and
should those facilities or other work affect any public improvements, the City may add
conditions to the project, at the discretion of the City Engineer, to restore pavement or
other public improvements to the satisfaction of the City.
Resolution 4710 ~ 515 E Hamilton Ave
Final Audit Report 2024-09-09
Created:2024-09-06
By:Nina Comcai (ninac@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAJ8V06INDUn-QYkXwrQcKLnAtMtIHGM1l
"Resolution 4710 ~ 515 E Hamilton Ave" History
Document created by Nina Comcai (ninac@campbellca.gov)
2024-09-06 - 5:37:55 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-09-06 - 5:37:59 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-09-06 - 5:38:00 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-09-06 - 10:36:11 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-09-06 - 10:36:50 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-09-09 - 6:47:25 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-09-09 - 6:47:32 PM GMT - Time Source: server
Agreement completed.
2024-09-09 - 6:47:32 PM GMT