PC Res 4186RESOLUTION NO. 4186
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING THE APPEAL AND
UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S
APPROVAL OF AN ADMINISTRATIVE PLANNED DEVELOPMENT
PERMIT (PLN2014-274) TO ALLOW A (LARGE) PILATES STUDIO
WITHIN AN EXISTING MIXED-USE DEVELOPMENT (MERRILL
GARDENS) ON PROPERTY LOCATED AT 2105 S. WINCHESTER
BOULEVARD, STE. 100 (Building B).
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 PLN2014-274:
1. The project site has a P-D (Planned Development) Zoning District designation.
2. The project site has a Central Commercial General Plan designation.
3. The proposed project is an application for an Administrative Planned Development
Permit to allow establishment of a large studio (Pilates), accommodating up to a
maximum 16 participants and two employees.
4. The proposed large studio would occupy a 1,334 square-foot commercial tenant
space within an existing mixed-use development known as Merrill Gardens, without
any expansion to the building.
5. The proposed large studio would be permitted only one class session at a time.
6. A large studio use is consistent with the Zoning and General Plan designation with
approval of an Administrative Planned Development Permit.
7. The project site has 89 commercial parking spaces provided in a combination of
surface parking and structured underground parking at a parking rate of 1 space per
200 square-feet.
8. Large studios require 1 parking space per instructor/employee plus 1 space per 4
participants, but not less than the retail parking rate of 1 space per 200 square feet of
gross floor area.
9. As the proposed project proposes a maximum of 16 students and two employees in a
1,334 square-foot tenant space at any one time, the applicable parking requirement is
based on square-footage rather than the number of participants and employees, as it
would result in a greater quantity of required parking spaces (7 rather than 6).
10. The parking demand for the proposed project would be equivalent to the retail parking
standard that the Merrill Gardens commercial space was constructed.
Planning Commission Resolution No. 4186
2105 S. Winchester Boulevard, Suite 100
Denying the Appeal and Upholding the Community Development Director's Approval of an
Administrative Planned Development Permit (PLN2014-274)
Page 2
11. The parking demand for the proposed project would be consistent with the parking
analysis prepared for the Merrill Gardens that demonstrates sufficient parking for the
overall site.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan and will aid in the
harmonious development of the immediate area;
2. The proposed development or uses clearly will result in a more desirable environment
and use of land than would be possible under any other zoning district classification;
3. The proposed development will not result in allowing more residential units than
would be allowed by other residential zoning districts which are consistent with the
general plan designation of the property;
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole;
5. This project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing of an
existing private structure.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an Appeal and
upholds the Community Development Director's approval of an Administrative Planned
Development Permit (PLN2014-274) to allow a (large) Pilates studio within an existing
mixed-use development (Merrill Gardens) on property located at 2105 S. Winchester
Boulevard, Ste. 100 (Building B), subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this 27th day of January, 2015, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST:
Finch, Kendall, Rich and Young
Dodd and Reynolds
None
None
~' ~ ~ /)
APPROVED: ~
Pamela Fi ch,, Chair
Paul K~ffnoy~n, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Administrative Planned Development Permit (PLN2014-274)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for an Administrative Planned Development
Permit (PLN2014-274) to allow the establishment of a large studio (Pilates) within an
existing mixed-use development located at 2105 S. Winchester Blvd., Ste. 100
(Building B). The project shall substantially conform to the Project Plans and Project
Description received by the Planning Division on October 7, 2014, except as may be
modified by the Conditions of Approval contained herein.
2. Approval Expiration: The Administrative Planned Development Permit approval for a
large Pilates studio shall be valid in perpetuity with continued operation of the use.
Abandonment, discontinuation, or ceasing of operation for a period exceeding 12
months shall result in the voiding of the Administrative Planned Development Permit
approved herein.
3. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell
shall be grounds for consideration of revocation of the Administrative Planned
Development Permit by the Community Development Director.
4. Operational Parameters: Consistent with the submitted Project Descriptions, any
business operating pursuant to the Administrative Planned Development 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 Administrative Planned Development
Permit approved herein.
a. Approved Use: The approved use is a large studio, as defined by the Campbell
Municipal Code, including ancillary retail activity, in a 1,334 square-foot retail
tenant space. The tenant space shall not be expanded to adjoining tenant
space(s) without a Modification to the Administrative Planned Development
Permit.
b. Instruction Area: The fitness studio is limited to one (1) open instructional
space as depicted on the approved plans.
c. Hours of Operation: Operational hours shall be limited to 6 a.m. to 10 p.m.
daily. (Per Condition of Approval #25 of approved P-D Permit for Merrill
Conditions of Approval ~ 2105 S. Winchester Blvd, Ste. 100
Admin. Planned Development Permit - PLN2014-274
Paae 2
Gardens, PLN2011-45) Activities conducted while the business is closed to the
public, such as set-up or cleaning by employees, are also subject to the above
hours.
d. Class Schedules: No more than one class may be provided at a time. Classes
shall be scheduled to prevent overlap.
e. Occupancy Limits: The maximum number of occupants shall not exceed 16
participants and 2 instructors/employees at any time with no overlapping of
participants and/or instructors/employees at any time. Classes, lessons, and
employee activities shall be scheduled to ensure occupancy does not exceed
these limits at any time. No competition, exhibition, or other event exceeding
these occupancy levels shall be permitted.
f. Parking Management: Parking for the approved large studio is based on a
standard of one space per 200 square-feet of floor area for the 1,334 square-
foot tenant space. If this standard results in insufficient parking for the use, and
in the event that three (3) verifiable complaints are received by the City
regarding parking, the Community Development Director may reduce the
number of persons permitted per class, reduce the number of classes offered,
limit the hours of operation, require additional parking management strategies
and/or forward the project to the Planning Commission for review.
g. Noise: Outdoor speakers are prohibited. Tenant space doors and windows shall
be kept closed during classes. Unreasonable levels of noise, sounds and/or
voices, including but not limited to indoor amplified sounds, indoor loud
speakers, sounds from indoor audio sound systems or music, and/or indoor
public address system, generated by the establishment shall not be audible to a
person of normal hearing capacity from outside the enclosed tenant space. In
the event that three (3) verifiable complaints are received by the City regarding
excessive noise, the Community Development Director shall forward the project
to the Planning Commission for review.
h. Delivery and Garbage Pick-Up Hours: Delivery and garbage pick-up hours
shall be restricted to 8 a.m. to 8 p.m. daily. Signage shall be installed at service
doors regarding the restriction of delivery and garbage pick-up hours. (Per
Condition of Approval #26 of approved P-D Permit for Merrill Gardens,
PLN2011-45)
i. Loitering: There shall be no loitering allowed outside the business. The
business owner is responsible for monitoring the premises to prevent loitering.
j. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, floor and
window cleaning, sidewalk sweeping, etc., shall occur during the operational
hours.
k. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
Conditions of Approval ~ 2105 S. Winchester Blvd, Ste. 100
Admin. Planned Development Permit - PLN2014-274
Paae 3
I. Tenant Space Orientation: The business's main entrance shall be located
along the building's Winchester Boulevard frontage.
5. Tenant Improvements: Any storefront doorway not used to access the tenant space
shall be replaced with a storefront window consistent with the building's architecture
in such a manner that it may be returned to an entryway as necessary in the future,
unless required for fire and/or emergency access or otherwise approved by the
Community Development Director. (Per Condition of Approval #5 of approved P-D
Permit for Merrill Gardens, PLN2011-45)
6. Storefront Clearance: At no time shall an obscure wall, interior wall, or barrier be
installed along, behind or attached to storefront windows or doorways that blocks
visual access to the tenant space or blocks natural light. (Per Condition of Approval
#6 of approved P-D Permit for Merrill Gardens, PLN2011-45)
7. Property Maintenance: All exterior areas of the business are to be maintained free
from graffiti, trash, rubbish, posters and stickers. Exterior areas of the business shall
include not only parking lot and private landscape areas, but also include the public
right-of-way adjacent to the business. Trash receptacles shall be maintained within
their approved enclosures at all times.
8. Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas
shall be watered on a regular basis so as to maintain healthy plants. Landscaped
areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be
replaced with healthy plants of the same or similar type.
9. Signs: Signage shall be approved in conformance with the Master Sign Program for
Merrill Gardens. New signage shall not be installed prior to approval of a sign permit
as required by Chapter 21.53 of the Campbell Municipal Code. (Per Condition of
Approval #24 of approved P-D Permit for Merrill Gardens, PLN2011-45)
10. Compliance with Other Conditions of Approval: The proposed use shall be in
compliance with all other conditions of approval for the Merrill Gardens development,
including Planned Development Permit PLN2011-45 and other approved permits for
the site.
l 1. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
12. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. Parking spaces shall be free of debris or other obstructions.
Conditions of Approval ~ 2105 S. Winchester Blvd, Ste. 100
Admin. Planned Development Permit - PLN2014-274
Page 4
13. Outdoor Storage: No outdoor storage is permitted on the subject property.
BUILDING DIVISION
14. Permits Required: A building permit application shall be required for the proposed
Tenant Improvements to the (e) commercial space. The building permit shall include
Electrical/ Plumbing/Mechanical fees when such work is part of the permit.
15. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
16. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. x 36 in.
17. 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.
18. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. 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.
19. 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.
20. 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. Chapter 1, Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
21. 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.
22. 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 public
sidewalks.
23. 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.
Conditions of Approval ~ 2105 S. Winchester Blvd, Ste. 100
Admin. Planned Development Permit - PLN2014-274
Page 5
24. 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
25. P.G.&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. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
26. Storm Water Requirements: 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