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Use Permit - Fitness - 2011CITY of CAMPBELL Community Development Department March 23, 2011 Physical Culture Strength & Conditioning 1670 Westmont Avenue Campbell, CA 95008 Re: PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Fitness Facility Dear Applicant: Please be advised that at its meeting of March 22, 2011, the Planning Commission adopted Resolution No. 4017 approving afive-year Conditional Use Permit (PLN2011-41) to allow a new health and fitness use and late night activities (operating at 5 a.m.) within an existing 4,347 square foot tenant space within an existing 33,756 square foot commercial/industrial building. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, April 1, 2011. 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, do not hesitate to contact me at (408) 866-2140. Sincerely, Steve Prosser Associate Planner cc Harpel and Associates (Property Owner) 14573 Big Basin Way Saratoga, CA 95070 RESOLUTION NO. 4017 i BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2011-41) TO ALLOW A NEW HEALTH AND FITNESS USE AND LATE NIGHT ACTIVITIES (OPERATING AT 5 A.M.) WITHIN AN EXISTING 4,347 SQUARE FOOT TENANT SPACE WITHIN AN EXISTING 33,756 SQUARE FOOT COMMERCIAL/INDUSTRIAL BUILDING ON PROPERTY LOCATED AT 1610 DELL AVENUE, UNIT A, IN A C-M (CONTROLLED MANUFACTURING) ZONING DISTRICT. APPLICATION OF PHYSICAL CULTURE STRENGTH AND CONDITIONING. FILE NO.: PLN2011.41. 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 PLN2011-41: Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15060(c)(2) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a director reasonably foreseeable indirect physical change to the environment. Evidentiary Findings 2. The project site is designated Research and Development on the General Plan Land Use Element Map. 3. The project site is designated C-M (Controlled Manufacturing) on the Zoning Map. 4. A fitness center may be approved in C-M (Controlled Manufacturing) Zoning District with a Conditional Use Permit, subject to the provisions of Section 21.36.095 of the Campbell Municipal Code where the use is fitness center that provides strength and conditioning sessions consistent with the definition of a "Health/fitness center." 5. The submitted operational descriptions describes the various fitness sessions provided by the fitness center. 6. The project site is located on the east side of Dell Avenue, between Division Street and Vandell Way. 7. The project site consists of a 94,307 square foot parcel, currently developed with a multiple tenant commercial building. • Planning Commission Resolution No. 4017 PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours Paae 2 8. The project site maintains 118 parking spaces shared among the tenant and is currently parked at a ratio of one parking space per 286 square foot of building area. The tenant space is 4,347 square feet which would have a parking supply of 15 spaces if the parking analysis was based on the overall parking ratio. As the fitness center would require the use of 15 parking spaces (one per participant and/or trainer) to satisfy its parking requirement, there is adequate parking on site. 9. The hours of operation shall be restricted to 5:00 a.m. to 8:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturdays and Sundays, exclusive of the customary and reasonable use of the facility for administrative activity, with the approval of late night operations. 10. The project is not within 300 feet of another fitness use or public assembly use. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use is consistent with the General Plan. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 7. The proposed concentration of fitness center and public assembly uses will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. Planning Commission Resolution No. 4017 PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours Pape 3 THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use Permit (PLN2011-41) to allow a new health and fitness use and late night activities (operating at 5 a.m.) within an existing 4,347 square foot tenant space within an existing 33,756 square foot commercial/industrial building on property located at 1610 Dell Avenue, Unit A, in a C- M (Controlled Manufacturing) Zoning District. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: Planning Division: Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-41) to allow the establishment of a fitness center with late night activity within an existing commercial building located at 1610 Dell Avenue, Suite #A. The project shall substantially conform to the Operational Description and Project Plans stamped as received by the Community Development Department on January 25, 2011 and February 22, 2011 respectively, except as may be modified by the Conditions of Approval specified herein. 2. Limited Term Permit: The Conditional Use Permit approved herein shall be valid for a period of five (5) years from the effective date of the resolution (April 2, 2016) adopted by the Planning Commission. The Conditional Use Permit shall be void and the use abandoned at such time unless an Extension of Approval is granted by the appropriate decision-making body. 3. Participants: Fitness sessions shall not exceed a total of 15 participants and trainers per session. 4. Participant Scheduling: There shall be a minimum of 15 minutes between the end time of one group session to the start time of the next participant group in order for the previous participants to leave the site and for the next group to arrive. 5. 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. Planning Commission Resolution No. 4017 PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours Paae 4 6. Operational Hours: The hours of operation shall be restricted as follows, exclusive of the customary and reasonable use of the facility for administrative activity. ^ Mon. -Fri.: 5:00 AM - 8:00 PM ^ Sat. -Sun.: 7:00 AM - 5:00 PM 7. 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. 8. signage: 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. 9. 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. 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, subject to the project being brought back to the Planning Commission for review. 10. 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. Building Division: 11. Permits Required: A building permit is required for the proposed tenant improvements to the existing commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 14. 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. Planning Commission Resolution No. 4017 PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours Page 5 15. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 16. 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. 17. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C. Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 Public Works Department: 23. Grading and Drainage Plan: Prior to issuance of any building or grading permits for the site, the applicant shall prepare and submit an engineered grading and drainage plan in and pay fees required to obtain the necessary grading permits. Prior to occupancy, the Planning Commission Resolution No. 4017 PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours Page 6 design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 24. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BAS MAA, 2003. COUNTY FIRE DEPARTMENT 25. Fire Sprinklers: Any interior remodel may require modification of the fire sprinkler system. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. 26. Premises Identification: Approved building numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PASSED AND ADOPTED this 22"d day of March, 2011, by the following roll call vote: AYES: Commissioners: Alster, Brennan, Resnikoff, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Ebner and Gibbons ABSTAIN: Commissioners: None APPROVED: ATTEST: K k Heinric s, Secretary . -, ~' , Bob Roseberry, air