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PC Res 4130RESOLUTION NO. 4130 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH A PLANNING MODIFICATION PERMIT (PLN2013-304) TO ESTABLISH A SMALL FITNESS STUDIO ON PROPERTY LOCATED AT 1190 DELL AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2013-304: 1. The project site is designated M-1 (Light Industrial) on the Zoning Map. 2. The project site is designated Light Industrial on the General Plan Land Use Element Map. 3. The M-1 zoning district is designed to encourage sound industrial development, in addition to service commercial uses in the city by providing and protecting an environment exclusively for this type of development, subject to regulations identified in the Zoning Code which are necessary to ensure the protection of nearby residential uses from hazards, noises, or other related disturbances. Businesses serving commercial uses (e.g., food service or office supply) are generally allowed as ancillary uses, subject to appropriate development and design standards and guidelines. 4. The M-1 Zoning District only permits fitness studios so long as they are appropriately spaced and located so that they avoid interfering with the operation of industrial uses. 5. The applicant proposed, and the Planning Commission agreed, that the limited duration of the fitness use will not undermine the long term viability of providing sufficient tenant spaces for industrial uses. 6. The project site is located on Dell Avenue, north of Hacienda Avenue, adjacent to the Los Gatos County Park. 7. The project site consists of a 2.8 acre parcel, developed with amulti-tenant 54,000 square-foot industrial building. Tenants in the building include a computer hardware distributer, solar panel distributer, cabinetry manufacturer, wheelchair distributer, and a gymnastics training studio. 8. The proposed project, as described by the submitted Project Description, is a small fitness studio providing one-on-one personal training. 9. 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. Among these provisions is an over-concentration standard that specifies that a studio shall not be located within three hundred feet of another existing public assembly, studio (small and large), or health and fitness center use unless the decision-making body grants an exception. Planning Commission Resolution No. 4130 PLN2013-304 - 1190 Dell Avenue Conditional Use Permit with Parking Modification Permit -Small Fitness Studio Page 2 10. The proposed fitness studio is located within 300-feet of a gymnastics training studio that is also located on the project site, on the opposite side of the subject building as the proposed fitness studio. 11. The proposed fitness studio is substantially different in scale, purpose, and customer base than the gymnastics training studio in that it provides one-on-one personal fitness training to adults whereas the gymnastics training studio provides group- based gymnastics training to children. 12. The proposed fitness studio is a "boutique" business that wilt provide a convenient commercial service to employees and customers within the City's industrial areas, consistent with General Plan Land Use Strategy LUT-5.5a. 13. Due to the limited scope and scale of the proposed fitness studio, including the low number of people who will occupy the facility at any one time, the impact to adjacent industrial business will be minimal. 14. Due to the one-on-one operation of the proposed training studio, the parking demand incurred by the facility will be no greater than a commercial or industrial business that could otherwise occupy the subject tenant space. 15. The proposed fitness studio will occupy a tenant space at the front (park facing) side of the subject building, minimizing interaction with the industrial activity (e.g. transportation of materials) occurring at the rear of the building. 16. The park facing location of the tenant space to be occupied by the proposed fitness studio affords convenient access to the Los Gatos Creek trail with minimal incursion onto the public street. 17. The proposed fitness studio will not isolate or orphan any other tenant space that would preclude future consolidation by an industrial or commercial occupant of the building. 18. Consistent with Campbell Municipal Code Section 21.36.095, Conditional Use Permit approval for the proposed fitness studio shall expire in five years. At the conclusion of this approval period, the applicant shall either cease operation of the fitness studio or apply for are extension of approval. If at that time, conditions are such that the Planning Commission can no longer support an exception to the over-concentration standard, it may deny a request for an extension of approval. 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. Planning Commission Resolution No. 4130 PLN2013-304 - 1190 Dell Avenue Conditional Use Permit with Parking Modification Permit -Small Fitness Studio Page 3 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. Due to the i.anique nature and circumstances of the project, or special development features, thE~ anticipated number of parking spaces necessary to serve the use or structure is Vess 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 bey 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 proposed concentration of fitness facilities 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. 11. 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 with a Parking Modification Permit (PLN2013-304) to establish a fitness studio on property located at 1190 Dell Avenue. Planning Commission Resolution No. 4130 PLN2013-304 - 1190 Dell Avenue Conditional Use Permit with Parking Modification Permit -Small Fitness Studio Page 4 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 (PLN2013-304) and Parking Modification Permit to allow establishment of a 2,970 square-foot small fitness studio within an existing industrial building located at 1190 Dell Avenue, Suite P. The project shall substantially conform to the Project Description and Project Plans stamped as received by the Community Development Department on October 23, 2013, 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 February 7, 2019). The Conditional Use Permit and Parking Modification Permit shall be void and the use abandoned at such time. 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, providing individual training sessions (one-on-one or one-on~-two). b. Employees: No more than two trainers and one receptionist shall occupy the facility at any one time. c. Age of Clients: All clients of the fitness studio shall be eighteen years of age or older. Planning Commission Resolution No. 4130 PLN2013-304 - 1190 Dell Avenue Conditional Use Permit with Parking Modification Permit -Small Fitness Studio Page 5 d. Clients: There shall be no more than 26 clients during the course of any one business day. e. Hours of Operation: The hours of operation shall be restricted to 6:00 AM to 7:00 PM, Monday through Friday and 8:00 AM to 2:00 PM on Saturday, exclusive of the customary and reasonable use of the facility for administrative activity. f. Instruction Area: Consistent with the approved project plans, the fitness studio is limited to one open instructional space. g. Expansion: The facility shall not be expanded into any other portions of the building without approval of a modification to this Conditional Use Permit. h. 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. i. 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. 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 application shall be required for the proposed Fitness Studio 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 Planning Commission Resolution No. 4130 PLN2013-304 - 1190 Dell Avenue Conditional Use Permit with Parking Modification Permit -Small Fitness Studio Page 6 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. 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. 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 c. Santa Clara County Department of Environmental Health 16. 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. 17. Stormwater Requirements: Storm water run-off from impervious surtace created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels Planning Commission Resolution No. 4130 PLN2013-304 - 1190 Dell Avenue Conditional Use Permit with Parking Modification Permit -Small Fitness Studio Page 7 PASSED AND ADOPTED tF AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 28th day of January, 2014, by the following roll call vote: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich, and Roseberry None None None APPROVED: ~°~ ~ ~ J Paul Resnikoff, Chair ATTEST: Paul K:ermoyan, Secretary