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PC Res 4285RESOLUTION NO. 4285 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2016-42) TO ALLOW THE ESTABLISHMENT OF A FITNESS STUDIO ON PROPERTY LOCATED AT 356 E. MCGLINCY LANE. 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 PLN2016-42: 1. The project site is zoned M-1 (Light Industrial) and designated Light Industrial by the General Plan. 2. The project site is located on the southeastern side of E McGlincey Lane, between McGlincy Lane and Griffith Lane 3. The proposed project is an application for a Conditional Use Permit to allow the establishment of a small fitness studio. 4. Small fitness studios are allowed within the M-1 Zoning District with the approval of a Conditional Use Permit. 5. The proposal does not result in any additional floor area. Minor exterior changes to the existing building include converting aroll-up door to a window. 6. The proposal does not result in the removal of any onsite trees or landscaping. 7. As conditioned, the hours of operation would be limited to 5:00 AM to 9:00 PM daily. 8. The proposed project is not located within 300-feet of another health and fitness center/studio or public assembly use and therefore does not result in an overconcentration of similar uses. 9. Policies found within the Campbell General Plan articulate a desire to protect the integrity of the city's neighborhoods, reduce the impact of industrial uses on adjacent residences, and promote a variety of uses that create an economic balance within the city. 10. The proposed small fitness studio is unique in that the maximum number of persons that would be onsite at any time would be nine (9) individuals whom would be adequately serviced by the nine (9) available parking spaces on the site. 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. Planning Commission Resolution No. 4285 PLN2016-42 - 356 E. McGlincy Lane -Conditional Use Permit -Fitness & Movement Page 2 2. The proposed use would be adequately served by the nine (9) available parking spaces and otherwise complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 3. The proposed use is consistent with the General Plan; 4. 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; 5. 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; 6. 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; 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 8. The 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 approves a Conditional Use Permit (PLN2016-42) to allow the establishment of a fitness studio on property located at 356 E. McGlincy Lane, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 26th day of April, 2016, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ~1 l Finch, Kendall, Reynolds and Rich None Bonhagen, Dodd and Young None APPROVED: ~~ ~~ ~~~ G' ~9QC~?'~ ~~ Yvonne Kendall, Actin Chair ATTEST: Paul Ke moyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2016-42) 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 Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2016-42) to allow the establishment of a small fitness studio within an existing building located at 356 E. McGlincey Lane. The use shall substantially conform to the Project Plans and Project Summary stamped as received by the Planning Division on February 5, 2016, except as may be modified by the Conditions of Approval contained herein. 2. Limited Term Permit: The Conditional Use Permit approved herein shall be valid for a period of five (5) years from the effective date of the resolution (May 7, 2021) adopted by the Planning Commission. The Conditional Use Permit shall be void and the use abandoned at such time unless an Extension of Approval is granted by the appropriate decision-making body. 3. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the resolution. Within this one year period all conditions of approval shall be fulfilled and the use established. Failure to meet this deadline will result in the Conditional Use Permit being void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. 4. Revocation of Permit: Operation of the facility pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: Exhibit A -Conditions of Approval File No. PLN2016-42 - 356 E. McGlincy Lane -Conditional Use Permit -Fitness & Motion Paae 2 a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 5. Operational Standards: Consistent with the submitted Project Summary and City standards, any small fitness studio operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Maximum Occupancy: A maximum of nine (9) individuals shall be permitted on the premises at any time, which is further subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that participant occupancy is not exceeded. b. Maximum Occupancy Sign: The business owner shall install a maximum occupancy sign of a size to be determined by the Community Development Director, conspicuously posted within the premises, limiting occupancy to nine (9) individuals. c. Hours of Operation: Hours of operation shall be 5:00 AM to 9:00 PM daily. d. Parking Management: In the event that a verifiable complaint is received by the City regarding parking, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, require greater staggering of personal training sessions, require additional parking management strategies and/or forward the project to the Planning Commission for review. e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. f. Noise: Outdoor speakers are prohibited. 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 or fitness equipment, generated or used by the establishment or its participants shall not be audible to a person of normal hearing capacity from outside the enclosed tenant space. In the event that a verifiable complaint is received by the City regarding noise, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, limit the permissible decibels, and/or forward the project to the Planning Commission for review. Exhibit A -Conditions of Approval File No. PLN2016-42 - 356 E. McGlincy Lane -Conditional Use Permit -Fitness & Motion Paae 3 g. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. h. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during business hours. Business License: The business shall be required to obtain and maintain a City business license at all times. 6. 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 placed on the property. Exterior areas of the business shall include not only the 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. 7. 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. 8. signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 9. 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. 10.Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 11. 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. BUILDING DIVISION Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the Building Permit process. Please be aware that building codes are changing constantly; plans submitted for building permit shall comply with the code in effect at that time. Submit permit application together with required documents to the Building Inspection Division to obtain a building permit. No construction can be commenced without an appropriate building permit. It is recommended that this item be forwarded to the Exhibit A -Conditions of Approval File No. PLN2016-42 - 356 E. McGlincy Lane -Conditional Use Permit -Fitness & Motion Page 4 Planning Commission for review, with the following conditions. To the satisfaction of the building division manager/building official: 12. PERMITS REQUIRED: A building permit application shall be required for the proposed conversion of use to "Fitness Studio". The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. 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. 17. 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. 18. 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 Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. 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. 20. 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. 21.TITLE 24 ACCESSIBILITY -COMMERCIAL: This project is not subject to "Hardship Exemption". This space shall full comply with current California Access Requirements. 22.APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: Exhibit A -Conditions of Approval File No. PLN2016-42 - 356 E. McGlincy Lane -Conditional Use Permit -Fitness & Motion Paae 5 a. West Valley Sanitation District b. Santa Clara County Fire Department 23. 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. 24. 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. FIRE DEPARTMENT 25. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from the Building Division all applicable construction permits.