Use Permit - Fitness - 2008October 16, 2008
Courtney Maxwell
MAX Wellness, LLC
P.O. Box 111958
Campbell, CA 95011
Re: PLN2008-133 - 186 E. Sunnyside Avenue -Use Permit -MAX Wellness, LLC
Dear Applicant:
Please be advised that at its meeting of October 14, 2008, the Planning Commission Adopted
Resolution No. 3910 granting a limited six-month term Conditional Use Permit (PLN2008-133)
for a personal training and consultation facility (health/fitness facility) with late-night operations
on the above reference property. Upon completion of the lot merger, this permit will
automatically extend for a total of five years from the date of approval.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, October 24, 2008. The time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless
another statute (such as California Government Code Section 65009 or some other applicable
provision) sets forth a more specific time period.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Daniel Fama
Assistant Planner
cc Jackie C. Young, Principal Planner
Ed Arango, Associate Engineer
Frank Mills, Building Division
Chris Veargason, Fire
Stephen Finn/Industrial Property Co., LLC, 12000 Finn Lane, Los Altos Hills, CA 94022
Michael Johnson, Colliers, 450 W. Santa Clara Street, San Jose, CA 95113
RESOLUTION NO. 3510
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN2008-133) FOR A PERSONAL TRAINING FACILITY
(HEALTH/FITNESS FACILITY) WITH LATE-NIGHT OPERATIONAL
HOURS ON PROPERTY OWNED BY INDUSTRIAL PROPERTY CO.,
LLC, LOCATED AT 186 E. SUNNYOAKS AVENUE IN AN M-1-S
(LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR.
COURTNEY MAXWELL, ON BEHALF OF MAX WELLNESS, LLC.
FILE NO.: PLN2008-133.
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 did find as
follows with respect to application PLN2008-133.
1. The project site is designated Light Industrial in the Campbell General Plan.
2. The General Plan (Strategy LUT-5.5a.) encourages the establishment of convenient
retail and commercial services in the industrial areas to support area businesses,
employees, and customers.
3. The project site located in the M-1 (Light Industrial) Zoning District.
4. The Zoning code requires a Conditional Use Permit for the establishment of a
health/fitness center in the M-1 (Light Industrial) Zoning District, subject to special
provisions applying to health/fitness centers specified in Campbell Municipal Code
Chapter 21.36.095.
5. The proposed use would occupy a 2,990 square-foot tenant space area located in a
non-conforming multi-tenant commercial building.
6. The proposed use would principally include personal training and fitness consultation
services as described in the submitted Operational Description, as well as incidental
group training sessions (of no more than six people twice a day), and ancillary retail
sales of fitness related merchandise.
7. As conditioned, the proposed use would not employee, utilize, contract, or otherwise
procedure the services of more than six personal trainers, not including the owner.
8. The project site is located on the south side of Sunnyoaks Avenue, between Dell
Avenue and San Tomas Expressway. The site is surrounded industrial uses in all
directions.
9. No exterior modifications to the building are proposed in conjunction with the proposed
hardware store.
Planning Commission Res~...tion No. 3910
PLN2008- i 33 - 186 c. Sunnyoaks Avenue -Use Permi~ - IViAX Welines, LLC
Page 2
10. The business hours, during shall be restricted from 5:00 AM to 9:00 PM Monday
through Sunday. Hours of operation shall be restricted to 4:00 AM to 10:00 PM Monday
through Sunday.
11. The project site consists of two parcels (not including right-of-way parcel(s)) defined by
description in the Preliminary Title Report prepared by First American Title Insurance
Company for Colliers Parrish International, Inc. on August 21, 2008, on file in the
Planning Division office of the City of Campbell Community Development Department,
which shall be merged into one parcel pursuant to a Condition of Approval.
12. The project site is indicated on the Santa Clara County 2008-2009 Assessor's Parcel
Map as Assessor's Parcel Numbers: 424-01-077, 078, 097, 098, 099, 100, 117, and
188.
13. 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 use is a health/fitness center subject to all applicable provisions of the
Zoning Code.
2. The proposed personal training and fitness consultation facility (health/fitness center) is
consistent with the Light Industrial General Plan land use designation pursuant to
Strategy LUT-5.5a.
3. The proposed personal training and health consultation facility (health/fitness use) will
be compatible with the M-1 (Light Industrial) zoning designation with approval of a
Conditional Use Permit.
4. The proposed project is consistent with other developments and uses in the
surrounding area.
5. 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.
6. 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.
7. 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
Planning Commission Res~.~~ion No. 3910
PLN2008-133 - 186 E. Sunnyoaks Avenue -Use Permi~ - MA): Wellnes, LLB
Page 3
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the City.
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.
9. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN2008-133) fora personal training facility (health/fitness
facility) with late night operational hours on property owned by Industrial Property Co.,
LLC, located at 186 E. Sunnyoaks Avenue in an M-1-S (Light Industrial) Zoning District.
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. Declaration of Acceptance of All Conditions: Within thirty (30) days of the effective date
of Planning Commission approval, the applicant and the property owner shall sign a
single set of the final, approved set of Conditions of Approval. Until said Conditions are
signed, the proposed Use Permit shall not be valid for any permits sought from the
City.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-133) for
a personal training and consultation facility (health/fitness center) located at 186 E.
Sunnyoaks Avenue. The project shall substantially conform to the project plans and
operational description stamped as received by the Planning Division on September 4,
2008, except as may be modified by the conditions of approval contained herein.
3. 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,
the use must be established on the property and the conditions of approval satisfied.
Failure to meet this deadline will result in the Conditional Use Permit being void.
Planning Commission Resc,...cion No. 3910
PLN200&-i3S - 186 E. SunnyoaKS Avenue -Use Permit - MAX Welnnes, LLC
Page 4
4. Limited Term Permit: The Conditional Use Permit approved herein shall initially be valid
for a period of six (6) months with an automatic extension for a total of five (5) years
from the effective date of the resolution adopted by the Planning Commission if all
conditions of approval are met to the satisfaction of the Community Development
Director.
Five years following this approval, this Conditional Use Permit shall become void and
the use abandoned unless an Extension is applied for and granted by the Planning
Commission. The applicant is advised to apply for an Extension of Approval at least 90
days prior to the expiration date of this Conditional Use Permit.
Transferability: Prior to sign off of a business license pursuant to this Conditional Use
Permit to a different owner(s) of the subject business (MAX Wellness, Inc.) or to a
different like business on the subject property, said new owner(s) shall be required to a
sign the approved set of Conditions of Approval contained herein.
6. 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 shalt be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
7. Continuance of Conditions: Unless otherwise specified, an Extension of Approval to the
Conditional Use Permit approved herein shall not void or supersede the approved set
of Conditions of Approval.
8. Business and Operational Hours: Business hours shall be restricted from 5:00 AM to
9:00 PM Monday through Sunday. Hours of operation shall be restricted to 4:00 AM to
10:00 PM Monday through Sunday.
9. Maximum Number of Trainers: The approved business herein shall not employee,
utilize, contract, or otherwise procedure the services of more than six personal trainers,
not including the owner. If trainers are employed as independent contractors, they shall
obtain separate business licenses in accordance with Title 5 of the Campbell Municipal
Code.
10. Client Limitations: Personal trainers shall not simultaneously service more than two
clients, with the exception of group training sessions as allowed and described herein.
A group training session shall include no more than six participants. Only two group
training session may be held per day, not to be held simultaneously, and irrespective of
the number of participants in the session. Group training sessions shall make exclusive
use of the establishment, during which time no other training or counseling activities
may occur.
11. Lot Merger: The property owner of the subject properties shall seek to cause alot-line
adjustment for the purpose of merging the two parcels composing the project site as
defined by description in the Preliminary Title Report prepared by First American Title
Insurance Company for Colliers Parrish International, Inc. on August 21, 2008, on file in
Planning Commission Rest, _cion No. 3910
PLN200Fi-133 - 186 E. Sunnyoaks Avenue -Use Permi - MAX Welines, LLC
Page 5
the Planning Division office of the City of Campbell Community Development
Department, within 90 days of Planning Commission approval of the Conditional Use
Permit approved herein. Failure to seek slot-line adjustment within this period shall be
considered a violation of the Conditional Use Permit, which shall be subject to
revocation by the Community Development Director.
Within 90 days of submission of an application for alot-line adjustment to the City of
Campbell Public Works Department, the property owner shall secure approval of said
lot-line adjustment. Failure to secure approval of the lot-line adjustment within this
period shall be considered violation of the Conditional Use Permit, which shall be
subject to revocation by the Community Development Director, unless the City
Engineer indicates that the delay of approval is of no fault of the property owner.
The approved lot-line adjustment shall be finalized by execution of a grant deed within
90 days of Public Works Department approval. Failure to execute a grant deed within
this period shall be considered a violation of the Conditional Use Permit, which shall be
subject to revocation by the Community Development Director. Written documentation
of the execution a grant deed, to the satisfaction of the Community Development
Director, shall be provided.
12. 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.
13. Si na e: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
14. Loitering: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
15. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents j, shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
16. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
Planning Commission Resc,._~ion No. 3910
PLN2008- i 33 - 186 ~. Sunnyoaks Avenue -Use Permit - MAX Welines, LLG
Page 6
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
c. Front and Rear Door: The front and rear doors to the business shall not remain in
an open position during business hours.
17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 6:00 a.m.
and 11:00 p.m. daily.
18. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. A total of 505 parking spaces will be provided.
Building Division
19. Permits Required: A building permit application shall be required for the proposed new
tenant improvements to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
20. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
22. 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.
23. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site address and parcel numbers shall also be clearly called out. Site
parking and path of travel to public sidewalks shall be detailed. It is unclear where the
true property lines are in relation to this proposed project. Applicant shall clarify the
true property lines of the space in question.
24. 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.
25. 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,
Planning Commission Resc,..~tion No. 3910
PLN2008-133 - 186 E. Sunnyoaks Avenue -Use Permit -MAX Wellnes, LLC
Page 7
in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
26. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal.
The specification sheet (size 24" X 36") is available at the Building Division service
counter.
27. Title 24 Accessibilitv -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
28. Title 24 Accessibilitv -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
29. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
30. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes, and/or relocations
may require substantial scheduling time and can cause significant delays in the
approval process. Applicant should also consult with P. G. & E. concerning utility
easements, distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this 14th day of October, by the following roll call vote:
AYES: Commissioners: Alderete, Ebner, Gairaud, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None
APPROVED:
Bob Roseberry, Chair
ATTEST:
Jackie C. Young, Acting Secretary