PC Res 4081RESOLUTION NO. 4081
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2012-154) AND PARKING MODIFICATION PERMIT
TO ALLOW A SMALL FITNESS STUDIO IN AN EXISTING
INDUSTRIAL BUILDING LOCATED AT 529 FORMAN DRIVE,
SUITES D & E.
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 PLN2012-154:
1. The project site is designated Light Industrial on the General Plan Land Use
Element Map.
2. The project site is designated M-1 (Light Industrial) on the Zoning Map.
3. A fitness studio may be approved in the M-1 (Light Industrial) Zoning District with a
Conditional Use Permit, subject to the provisions of Section 21.36.095 of the
Campbell Municipal Code.
4. The submitted operational description describes the fitness studio as a one-on-one
personal training facility.
5. The project site is located on Forman Drive, north of McGlincy Lane
6. The project site consists of a 20,473 sq. ft. parcel, currently developed with afive-
tenant commercial building.
7. The hours of operation shall be restricted to 6:00 AM to 9:00 PM, daily.
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.
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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. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported by review of the applicant's documentation and/or a parking demand
study prepared by a qualified transportation engineer accepted by the decision-
making body.
8. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
9. Approval of the parking modification permit will further the purpose of the Zoning
Code.
10. The project is Categorically Exempt per 15060(c)(2) of the California Environment
Quality Act (CEQA), pertaining to activities that will not result in a direct or
reasonably foreseeable indirect physical change to the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2012-154) and Parking Modification Permit to allow a small fitness
studio in an existing industrial building located at 529 Forman Drive, Suites D & E.
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 Commission Resolution No. 4081
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Planning Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2012-154)
and Parking Modification Permit to allow establishment of a small fitness studio in
an existing commercial building located at 529 Forman Drive, Suites D and E. The
project shall substantially conform to the Revised Project Description and Revised
Project Plans stamped as received by the Community Development Department on
July 26, 2012, except as may be modified by the Conditions of Approval specified
herein.
2. Limited Term Permit: The Conditional Use Permit and Parking Modification Permit
approved herein shall be valid for a period of five (5) years from the effective date of
the resolution adopted by the Planning Commission (expiring September 8, 2017).
The Conditional Use Permit and Parking Modification Permit shall be void and the
use abandoned at such time unless an application to extend the approval period is
granted by the Planning Commission.
3. 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.
4. Operational Parameters: Consistent with the submitted Project Description, any
business operating pursuant to this Conditional Use Permit and Parking
Modification Permit shall be required to conform to the following operational
parameters. Significant deviations from these parameters (as determined by the
Community Development Director) shall require approval of a Modification to the
Conditional Use Permit approved herein.
a. Approved Use: The approved use is a small fitness studio, as defined by the
Campbell Municipal Code.
b. Trainers/Clients: At no time shall there be more than 12 trainers and clients
(combined) within the facility at any one time.
c. Hours of Operation: The hours of operation shall be restricted to 6:00 AM to
9:00 PM, exclusive of the customary and reasonable use of the facility for
administrative activity.
d. Instruction Area: Consistent with the approved project plans, the fitness studio
is limited to two open instructional spaces.
e. 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.
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f. Noise: 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. All doors, including the entry doors and
roll-up doors, shall be kept closed.
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.
Building Division:
5. 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.
6. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
7. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
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The specification sheet (size 24" X 36") is available at the Building Division service
counter.
13. 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.
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. 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.
16. 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
PASSED AND ADOPTED this 28th day of August, 2012, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Resnikoff, Reynolds and
Roseberry
NOES: Commissioners: Gibbons
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
I APPROVED.
Theresa Alster, Chair
ATTEST: ~'
Pau erm an, Secretary