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Use Permit - Curves - 2003 .o~' CITY oF CAMPBELL Community Development Department CAMPBELL July 10, 2003 Ms. Harmony M. Sorrentino 4552 Waterville Drive San Jose, CA 95118 Re: PLN2003-81- 797 W. Hamilton Avenue - Use Permit - Fitness Facility - Curves Dear Applicant: Please be advised that at its meeting of July 8, 2003, the Planning Commission adopted Resolution No. 3516 approving a Conditional Use Permit to allow the establishment of a fitness facility in an existing building on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, July 18, 2003. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Melinda Denis Planner I Cc~ . Lynn Penoyer, Public Works Frank Mills, Building Chris Veargason, County Fire Blatteis Realty Co., Inc., LLC (Property Owners) 44 Montgomery Street, #1288 San Francisco, CA 94104 70 North First Street · Campbell, California 95008 1436 · ret. 408.866.2140 . F;XX 408.871 .5 140 - TI)t) 408.866.2790 RESOLUTION NO. 3516 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2003-81) TO ALLOW THE ESTABLISHMENT OF A 1,950 SQUARE FOOT FITNESS FACILITY (CURVES) IN AN EXISTING BUII~DING ON PROPERTY OWNED BY BLATTEIS REALTY CO., INC., LLC, LOCATED AT 797 W. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2003-81. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-81: 1. The proposed project consists of the establishment of a 1,950 square foot fitness facility within an existing 9,100 square foot commercial building. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of General Commercial for this area. 3. The proposed fitness facility is consistent with the commercial land use designation of the P- D (Planned Development) zoning designation for the site with approval of a Use Permit. 4. The proposed use is located within an established commercial center and is compatible with the surrounding development and uses. 5. The existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 6. The proposed operational hours of 6:00 a.m. to 11:00 p.m. are typical of commercial uses in the vicinity. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. Planning Commission Resol,..,on No. 3516 PLN2003-81 -- 797 W. Hamilton Avenue -- Use Permit - Fitness Facility (Curves) Page 2 o o No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2003-81) to allow the establishment of a 1,950 square foot fitness facility (Curves) in an existing building on property owned by Blatteis Realty Co., Inc., LLC, located at 797 W. Hamilton Avenue, subject to the following conditions: 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: Approved Project: Approval is granted for a Conditional Use Permit (PLN 2003-81) allowing the establishment of a fitness facility in approximately 1,950 square feet of an existing 9,100 square foot commercial building located at 797 W. Hamilton Avenue. The site design shall substantially comply with project plans received by the Community Development Department dated June 16, 2003, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building Planning Commission Resol,.,on No. 3516 PLN2003-81 -- 797 W. Hamilton Avenue -- Use Permit - Fitness Facility (Curves) Page 3 o permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. Operational Hours: The operational hours shall be limited to 6:00 a.m. to 11:00 p.m. daily. The applicant currently describes the operational hours as 9 a.m. to 1 p.m. and 4 p.m. to 7 p.m. Monday through Friday. 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. 5. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. Building Division: 6. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 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. 10. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 11. Water Pollution: 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. 12. Title 24 Accessibility - 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. Planning Commission Reso,_~on No. 3516 PLN2003-81 -- 797 W. Hamilton Avenue -- Use Permit - Fitness Facility (Curves) Page 4 13. 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. 14. Title 24 Accessibility - 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. P.G. & 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. and E. concerning utility easements, distribution pole locations and required conductor clearances. 16. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. West Valley Sanitation District PASSED AND ADOPTED this 8th day of July 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Alderete, Francois, Gibbons, Hemandez, Jones and Rocha Commissioners: None Commissioners: Doorley ~ '--) Commissioners: None ~-"-oseph (Hern andez/~h air ] ~h3.ron Fierro, Secretly PLN2003-81 Sorrentino, H. ITEM NO. 4 CITY OF CAMPBELL' PLANNING COMMISSION Staff Report- July 8, 2003 Public Hearing to consider the application of Ms. Harmony A. Sorrentino, for approval of a Conditional Use Permit (PLN 2003-81) to allow the establishment of a fitness facility within an existing commercial building on property owned by Blatteis Realty Co. Inc. at 797 W. Hamilton Avenue in a P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow the establishment of a fitness facility within an existing commercial building, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: Site Utilization: Building Coverage: Paving Coverage: Landscaping Coverage: Total Building Area: Tenant Space: Parking: Required: Provided: 31,849 sq. ft. (.73 acres) 9,100 sq. ft.(29%) 20,122 sq. ft.(63%) 2,627 sq. ft.(8%) 9,100 sq. ft 1,950 sq. ft. 9.75 spaces 46 spaces Retail (1:200 sq. ft. @ 1,950 sq. ft.) Hours of Operation: 6:00 a.m. to 11:00 p.m. daily Staff Report -- Planning Connnission Meeting of July 8, 2003 PLN 2003-81 -- 797 W. Hamilton Avenue Page 2 of 3 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow the establishment of a fitness facility within an existing commercial building facing Hamilton Avenue. The applicant would occupy 1,950 square feet or 21% of the commercial building on the project site. No alteration of the exterior of the building or the parking area is proposed as part of the application. Background: The subject building is currently developed with a single story multi-tenant commercial building constructed in 1978 under a Planned Development Permit (PD 78-12). The existing building consists of 9,100 square feet of retail space. The proposed use would occupy 1,950 square feet used as a fitness facility. The remaining 7,150 square feet of the building would be used as retail space for the adjacent tenants. The project site is located on the northwest comer of West Hamilton Avenue and Darryl Drive and is surrounded by commercial and retail uses to the north and south, a restaurant to the west, and a variety of retail uses to the east. The project site is developed with one multi-tenant commercial building and shares a common driveway with the adjacent L-shaped parcel. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The proposed fitness facility is compatible with the land use designation of the site. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). A Conditional Use Permit is required for a change in use within the P-D (Planned Development) zoning district. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Use: The proposed fitness facility would occupy 1,950 square feet of the existing 9,100 square feet retail building. The applicant's description indicates that the fitness facility would contain a total of 16 workout stations. The fitness facility would have a total of 4 employees with a maximum of 3 employees per shift. Parking: Pursuant to the Campbell Parking and Loading Ordinance, one parking space is required for each 200 square feet of gross floor area for a retail use. The tenant space is 1,950 square feet and yields a parking requirement of 10 parking spaces where 46 parking spaces are provided. The establishment of the fitness facility at this location would not have an impact on the necessary parking required for the site and no additional parking is required for the project. Operational Hours: The applicant's description indicates that the operational hours will be Monday through Friday, from 9:00 a.m. to 1:00 p.m. and 4:00 p.m. to 7:00 p.m. The recommended Conditions of Approval require that the business hours not extend beyond 6:00 a. m. to 11:00 p.m. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no changes proposed to the exterior of the building. Staff Report -- Planning Commission Meeting of July 8, 2003 PLN 2003-81 -- 797 W. Hamilton Avenue Page 3 of 3 Attachments: 1. Findings for Approval of the Conditional Use Permit (PLN 2003-81) 2. Conditions of Approval for the Conditional Use Permit (PLN 2003-81) 3. Letter from Applicant 4. Exhibits (Site Plan) 5. Location Map Prepared by:~ Melinda Denis, Planner I Approved b~~ieni~~_. Geoff I. Bradley, S Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2003-81 SITE ADDRESS: APPLICANT: DATE: 797 W. Hamilton Avenue Harmony Sorrentino July 8, 2003 Findings for Approval of a Conditional Use Permit to allow a fitness facility within an existing commercial building at 797 W. Hamilton Avenue. The Planning Commission finds as follows with regard to File No. PLN2003-81: o o The proposed project consists of the establishment of a 1,950 square foot fitness facility within an existing 9,100 square foot commercial building. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of General Commercial for this area. The proposed fitness facility is consistent with the commercial land use designation of the P- D (Planned Development) zoning designation for the site with approval of a Use Permit. The proposed use is located within an established commercial center and is compatible with the surrounding development and uses. The existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 6. The proposed operational hours of 6:00 a.m. to 11:00 p.m. are typical of commercial uses in the vicinity. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. o No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Findings for Approval -- Planning Commission Meeting of July 8, 2v03 PLN 2003-81 --797 W. Hamilton Avenue Pa[[e 2 of 2 o The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. Them is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2003-81 SITE ADDRESS: APPLICANT: DATE: 797 W. Hamilton Avenue Harmony Sorrentino July 8, 2003 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Proiect: Approval is granted for a Conditional Use Permit (PLN 2003-81) allowing the establishment of a fitness facility in approximately 1,950 square feet of an existing 9,100 square foot commercial building located at 797 W. Hamilton Avenue. The site design shall substantially comply with project plans received by the Community Development Department dated June 16, 2003, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Operational Hours: The operational hours shall be limited to 6:00 a.m. to 11:00 p.m. daily. The applicant currently describes the operational hours as 9 a.m. to 1 p.m. and 4 p.m. to 7 p.m. Monday through Friday. 4. 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. 5. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. Building Division: 6. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Conditions of Approval -- r,anning Commission Meeting of July 8, ,~o03 PLN 2003-81 -- 797 W. Hamilton Avenue Page 2 of 2 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 9. 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. 10. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 11. Water Pollution: 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. 12. Title 24 Accessibility - 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. 13. 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. 14. Title 24 Accessibility - 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. P.G. & 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. and E. concerning utility easements, distribution pole locations and required conductor clearances. 16. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. West Valley Sanitation District Attachment #3 Regarding 797 W. Hamilton Ave Campbell, Ca, 95008 Curves are a 30-minute Fitness Center for Women. It contains eight weight resistance stations and eight aerobic recovery stations. There is no wiring, electrical or otherwise needed. All machines are hydraulic cylinders. Curves will be operated within the 1,950 sq.tL of existing space. This space contains one wheelchair accessible restroom. Maximum number of employees at any given time of operation will be three. Number of hired employees will total four. The hours of operation will be Monday - Friday 9:00 - 1:00.pm. Closed between 1:00 - 4:00 pm. Reopened 4:00 - 7:00 pm. Closed Saturday and Sunday. These are the suggested hours by Curves International. As membership rises, hours and days will be increased to accommodate. There are no adjacent uses or purposes for this address. RECeiVED O~l~ OF OAN~PBELL PLANNING DEPI. CITY oF CAMPBELL Community Development Department CAMPBELL June 26, 2003 Harmony Sorrentino Curves 4552 Waterville Drive San Jose, CA 95118 Re: Conditional Use Permit File No.: PLN2003-81 797 W. Hamilton Avenue Dear Ms. Sorrentino: Thank you for your Conditional Use Permit application to allow a fitness facility in an existing retail building located at 797 W. Hamilton Avenue. The granting of a Conditional Use Permit will require approval by the Planning Commission and will be decided upon at a public hearing. Your application has been deemed complete. Please be advised that your application has been scheduled for the following meeting: Planning Commission Meeting Date: Tuesday, July 8, 2003 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866-2142 or via email at melindad@cityofcampbell.com. Sincerely, Melinda Denis Planner I cc: Geoff Bradley, Senior Planner Blatteis Realty Co. Inc., 44 Montgomery Street #1288, San Francisco, CA 94104 70 North First Street · Campbell, California 95OO8-1436 · rut 408.866.2140 · FAX 408.87 I .5 140 · 'ri)I) 408.866.2790 June 27, 2003 CITY oF CAMPBELL Community Development Department CAMPBELL NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, July 8, 2003, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Ms. Harmony M. Sorrentino for a Conditional Use Permit (PLN2003-81) to allow the establishment of a 1,950 square foot fitness facility (Curves) in an existing building on property owned by Blatteis Realty Co., Inc., LLC, located at 797 W. Hamilton Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2003-81 Address: 797 W. Hamilton Avenue 70 North First Street - Campbell, California 95OO8-1436 · r}~h 408.866.2140 FAX 408.871.5140 . Il)I) 408.866.2790 Regarding 797 W. Hamilton Ave Campbell, Ca, 95008 Curves are a 30-minute Fitness Center for Women. It contains eight weight resistance stations and eight aerobic recovery stations. There is no wiring, electrical or otherwise needed. All machines are hydraulic cylinders. Curves will be operated within the 1,950 sq.ft, of existing space. This space contains one wheelchair accessible restroom. Maximum number of employees at any given time of operation will be three. Number of hired employees will total four. The hours of operation will be Monday - Friday 9:00 - 1:00.pm. Closed between 1:00 - 4:00 pm. Reopened 4:00 - 7:00 pm. Closed Saturday and Sunday. These are the suggested hours by Curves International. As membership rises, hours and days will be increased to accommodate. There are no adjacent uses or purposes for this address. RECEIVED