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.
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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.
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PLN2013-64 - 1300 White Oaks Road -Conditional Use Permit -Yoga Studio
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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.
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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
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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
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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
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ATTEST:
Paul Kerm an, Secretary
Philip C. Reynolds(, Chai