PC Res 4141RESOLUTION NO. 4141
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A
CONDITIONAL USE PERMIT (PLN2013-356) TO ALLOW
EXPANSION OF AN EXISTING LARGE FITNESS STUDIO INTO AN
ADJACENT TENANT SPACE ON PROPERTY LOCATED AT 140 N.
SAN TOMAS AQUINO ROAD.
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 fife number PLN2013-356:
1. The project site is designated Neighborhood Commercial on the General Plan Land
Use Element Map.
2. The project site is designated C-1 (Neighborhood Commercial) on the Zoning Map.
3. A "studio, large" is listed as a conditional use in the C-1 Zoning District.
4. On February 13, 2007 the Planning Commission adopted Resolution No. 3792
approving a Conditional Use Permit (PLN2006-186) allowing establishment of a
martial arts studio.
5. The proposed project is a Modification to the previously-approved Conditional Use
Permit (PLN2006-186) to allow expansion of the existing fitness studio.
6. The submitted written description describes the fitness studio as a small group-
oriented studio that would serve a maximum of 20 clients at one time.
7. The project site is the San Tomas Plaza Shopping Center located at the northwest
corner of San Tomas Aquino Road and Campbell Avenue.
8. The hours of operation shall be restricted to 10:00 AM to 10:00 PM, Monday through
Saturday
9. The applicable parking standard for a large fitness studio is equivalent to that of a
retail use. The proposed project, therefore, would not result in an increased parking
demand, per CMC 21.28.040.D.2.
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 a 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 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 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 Modification
to a Conditional Use Permit (PLN2013-356) to allow expansion of an existing large fitness
studio into an adjacent tenant space on property located at 140 N. San Tomas Aquino
Road.
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 Proiect: Approval is granted fora Modification (PLN2013-356) to a
previously approved Conditional Use Permit (PLN2006-186) to allow expansion of a
large fitness studio located at 140 N. San Tomas Aquino Road. The project shall
substantially conform to the Revised Project Description and Revised Project Plans
stamped as received by the Community Development Department on January 28,
2014, except as may be modified by the Conditions of Approval specified herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2013-356), the previously-approved Conditions of Approval
(PLN2006-186) shall be void and shall permanently be superseded in their entirety by
the Conditions of Approval specified herein.
Planning Commission Resolution No. 4141
PLN2013-356-140 N. San Tomas Aquino Road -Modification to Use Permit-Fitness Studio
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3. Revocation of Permit: Operation of the use in violation of the Modified Conditional
Use Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of revocation of the Modified Conditional Use Permit by the
Planning Commission.
4. Operational Parameters: Consistent with the submitted Project Description, any
business operating pursuant to this Modified Conditional Use 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 Conditional Use Permit Modification.
a. Approved Use: The approved use is a large fitness studio, as defined by the
Campbell Municipal Code.
b. Clients/Trainers: At no time shall there be more than 25 trainers and clients
(combined) within the facility at any one time.
c. Hours of Operation: The hours of operation shall be restricted to 10:00 AM to
10:00 PM, Monday through Saturday, 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, unless otherwise permitted by the
Community Development Director.
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.
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 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 application shall be required for the proposed
tenant improvements of the existing vacant space for new fitness use. The building
permit shall include Electrical/Plumbing/Mechanical fees when such work is part of
the permit. The building shall be made to comply with all the requirements necessary
to comply with A-3 Occupancy.
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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 shalt 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.
l4. 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
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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. Storm Water Requirement: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel.
Storm water shall not drain onto neighboring parcels.
18. California Green Building Code: This project shall comply with Chapter 3 & 5 of the
California Green Building Code, 2013 ed.
FIRE DEPARTMENT
19. Fire Sprinklers: Any modification made to the interior of the tenant space may require
modification to the existing fire sprinkler system, subject to applicable fire codes.
PASSED AND ADOPTED this 11th day of March, 2014, by the following roll call vote:
AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich
NOES: Commissioners: None
ABSENT: Commissioners None
ABSTAIN: Commissioners: None
APPROVED:
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~ Paul Resnikoff, Chair
~~~ ~
ATTEST:
Paul Kermoyan, Secretary