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PC Res 4101RESOLUTION NO. 4101 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2013-64) WITH A PARKING MODIFICATION PERMIT TO ALLOW THE ESTABLISHMENT OF A LARGE YOGA STUDIO IN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 1300 WHITE OAKS ROAD, SUITE 205. 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 PLN2013-64: 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. The project site consists of a 1.87 acre parcel, developed with a 40,000 square-foot commercial building. 4. The project site is located on White Oaks Road, south of Camden Avenue. 5. The requested Conditional Use Permit would allow a large studio providing instruction in yoga. 6. A yoga 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 (CMC) 7. A fitness studio is located within the same commercial building as the proposed use, requiring the Planning Commission grant an exception to the overconcentration requirement of CMC 21.36.095.D.5. 8. The hours of operation shall be restricted to 5:30 AM to 7:00 AM and 5:00 PM to 8:30 PM. 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. Planning Commission Resolution No.4101 PLN2013-64 - 1300 White Oaks Road -Conditional Use Permit -Yoga Studio Page 2 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 proposed concentration of studio 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. 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 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 8. 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. 9. Conditions of approval have been incorporated into the project to ensure the long- term adequacy of the provided off-street parking. 10. Approval of the parking modification permit will further the purpose of the Zoning Code. 11. The project is Categorically Exempt per 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2013-64) with a Parking Modification Permit to allow the establishment of a yoga studio in an existing commercial building on property located at 1300 White Oaks Road. Planning Commission Resolution No.4101 PLN2013-64 - 1300 White Oaks Road -Conditional Use Permit -Yoga Studio Page 3 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. Planning Division: Approved Project: Approval is granted for a Conditional Use Permit (PLN2013-64) and Parking Modification Permit to allow establishment of a large yoga studio in an existing commercial building located at 1300 White Oaks Road, Ste. 205A. The project shall substantially conform to the Project Description and Revised Project Plans stamped as received by the Community Development Department on March 19, 2013 and April 18, 2013, respectively, 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 May 24, 2018). 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 large studio, as defined by the Campbell Municipal Code, providing instruction in yoga. b. Participants: At no time shall there be more than twenty (20) participants within the facility at any one time. c. Session Periods: The yoga studio may provide ninety (90) minute sessions at 5:30 AM, 5:00 PM, and 7:00 PM. No more than one session may be provided at a time. Planning Commission Resolution No.4101 PLN2013-64 - 1300 White Oaks Road -Conditional Use Permit -Yoga Studio Page 4 d. Instruction Area: Consistent with the approved project plans, the fitness studio is limited to one (1) open instructional space (exercise room). 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. 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. g. Parking Management Plan: If repeated parking complaints are received by the City, the Community Development Director may require preparation of a Parking Management Plan to manage client parking. Compliance with the Parking Management Plan shall be required by this approval. If parking complaints cannot be resolved through preparation of a Parking Management Plan, the Community Development Director may refer the Conditional Use Permit to the Planning Commission for reconsideration in compliance with Campbell Municipal Code Sec. 21.68.40. 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 Planning Commission Resolution No.4101 PLN2013-64 - 1300 White Oaks Road -Conditional Use Permit -Yoga Studio Page 5 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. 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 Reauired: 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 Planning Commission Resolution No.4101 PLN2013-64 - 1300 White Oaks Road -Conditional Use Permit -Yoga Studio Page 6 PASSED AND ADOPTED this 14th day of May, 2013, by the following roll call vote: AYES: Commissioners: Brennan, Razumich, Resnikoff, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners Finch and Gibbons ABSTAIN: Commissioners: None APPROVED / `~ / , ~, ATTEST: Paul Kerm an, Secretary Philip C. Reynolds(, Chai