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PC Res 4349RESOLUTION N0.4349 BEING A RESOLUTION OF THE PLANNING COMMISSION OF' THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2016-3.13) TO ALLOW A LARGE FITNESS STUDIO (D.B.A. CLUB PILATES) WITH LATE NIGHT HOURS AT 10 E. HAMILTON AVENUE, SUITE 300. 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 the approval of a Conditional Permit (PLN2016-313): 1. The project site is zoned C-2 (General Commercial) and designated General Commercial by the General Plah. 2. The project site is located southeast of the intersection of Hamilton Avenue and Winchester Blvd. in the Gateway Square Shopping. Center. 3. The proposed project is an application for a Conditional Use Permit to allow the establishment of a large fitness studio (d.b.a. Club Pilates) with late night hours (staff starting at 5:4'5 a.m.). ~ . 4. The proposed fitness studio with .late night hours is technically defined as a "large studio" with "late night activities" which is allowed within the C-2 Zoning District with the approval of a Conditional Use Permit. 5. The proposed tenant space is 1,566 square feet in size. 6. The proposal does riot result in any additional floor area or exterior changes to the. existing buildings. 7. The proposal does not. result in the removal of any onsite trees or landscaping. 8. As conditioned, the hours of operation would be limited to 5:45 AM to 9:15 PM; Mon. - Fri., and from 7:45 PM - 6:15 PM, Sat. & Sun. in perpetuity. 9. As conditioned, the business/public (class) hours would be limited to 6:00 AM - 9:00 PM, Mon. -Fri. and from 8:00 AM - 6:00 PM, Sat. & Sun. in perpetuity. 10. Whereas these .hours constitute a "late night activity" classes and instruction would not start until 6:00 a.m. in the morning. 11. Policies found within the Campbell General Plan articulate a~ desire to promote and allow change consistent with reinforcing positive neighborhood values 'and protecting the integrity of the city's neighborhood, encouraging neighborhood serving commercial uses within walking distance of residential uses,, and attracting and maintaining a. variety of uses that create an economic balance within the city while providing high quality services to the community. Planning Commission Resolution No. 4349 Conditional Use Permit (PLN2016-313), Page 2 of 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 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; 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 (Hamilton Avenue & Winchester Boulevard) 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; and 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 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 recommends approval of a Conditional Use Permit (PLN2016-313)- for the Project, located at 10 E. Hamilton Avenue, Suite 300, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 22"d day of November, 2016, by the following roll call vote: AYES: Commissioners: Hernandez, Kendall, Reynolds, Rich and Young NOES: Commissioners: ABSENT: Commissioners Dodd ABSTAIN: Commissioners: / /~ L~ /lam%~ APPROVED: ~ ~~ ~~~~/ ~~ /Yvonne Kendall, Acting hair l ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2016-313) 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 Approved Project: Approval is granted for a Conditional Use Permit (PLN2016-313) to allow 'a large `fitness' studio with late night activities within an existing commercial tenant space located at 10 E. Hamilton Avenue, Suite 300. The project shall substantially conform to the Project Plans and Written Statement stamped as received by the Planning Division on September 29, 2016; except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of 'final approval. 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. 3. Revocation of Permit: Operation of a large `fitness' studio use with late night activities pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.68 of the .Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Development 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: 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; Conditions of Approval Conditional Use Permit (PLN2016-313) Page 2 of 6 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. 4. Operational Standards: Consistent with the submitted Written Description and City standards, any large studio use 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. Classes: No more than one class shall be permitted at any one time. No use of the facility outside of instructor led classes shall be permitted. b. Maximum Occupancy: A maximum of three (3) staff and thirteen participants .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 Gode (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that participant occupancy is not exceeded. Maximum Occupancy signs shall be posted conspicuously_ within the premises. c. Retail Sales: Retail sales are permitted in association with the proposed use. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons. shall have exited the premises. By the end of "Class Hours" all class activities, and operation of equipment are to cease with no exception. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 5:45 AM - 9:15 PM, Mon. -Fri. 7:45 AM - 6:15 PM, Sat. & Sun. Business/Public (Classes):6:00 AM - 9:00 PM, Mon. -Fri. 8:00 AM - 6:00 PM, Sat. & Sun. These hours are restricted in perpetuity. e. Fitness Equipment: The fitness equipment shall be limited to light hand weights, mats, exercise balls, stretching straps, TRX Machines, reformers, and other equipment as determined by the Community Development Director to be consistent with the intent of minimizing potential noise, vibration, and associated impacts to adjoining uses. 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 classes; require additional parking management strategies and/or forward the project to the Planning Commission for review. Conditions of Approval Conditional Use Permit (PLN2016-313) Page 3 of 6 g. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. h. 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, limit the type of fitness equipment permitted, and/or forward the project to the Planning Commission for review. i.~ Staggered Classes: Classes shall be staggered such that classes end ~ minimum of ten (10) minutes before the start of the next session. j. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. _ k. Trash Disposal and Clean-Up: All trash disposal, normal: clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." I. Business License: The business shall be required to obtain and maintain a City business license at all times. 5. Bicycle Rack: Prior to occupancy, the applicant shall install one additional bicycle rack on the property near the tenant space. The exact location and design of the bicycle rack shall be subject to review and approval by the Community Development Director. 6. Storefront Windows & Doors: At no time shall an obscure wall or barrier (i.e.' drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind- or attached to storefront windows or doorways that blocks visual access to the tenant space or blocks natural light. 7. 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. 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 n__r:a:___ _r n____.._i Conditions of Approval Conditional Use Permit (PLN201.6-313) Page~~4 of 6 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. 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. All signage shall be installed and maintained pursuant to a Master Sign Program. No window signs or advertisement posters or placards, shall be permitted unless specifically allowed by the Master Sign Program. 10. 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. 11.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. _ 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. BUILDING DIVISION 13. Permits Required: A building permit application shall be required for the proposed . Tenant Improvements to the (e) vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 14. Construction Plans:' The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. _ - . . 16. Plan Preparation: This project requires plans prepared under the direction and oversight of aCalifornia licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 17. 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. _~ Conditions of Approval Conditional Use Permit (PLN2016-313) Page 5 of 6 18: Title 24 Energy. Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on th"e construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 19. 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. 20. 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. 21. 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. 22.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 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. FIRE DEPARTMENT 24. 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. 25. Fire Sprinklers: this building is equipped with a fire sprinkler system. Any interior remodel may require modification of this system, and it . is the responsibility of the owner/manager and tenant to ensure that any such modifications be performed in .compliance with applicable codes and standards. A State of California licensed (C-16) Fire Protection- Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. •I Conditions of Approval Conditional Use Permit (PLN2016-313) Page 6 of 6 26.Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of. 0.5 inch (12.7 mm). Where access is by means of a private road and the building. cannot be viewed from the. public way; a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1 27. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide_ appropriate notations on subsequent plan submittals,_as: appropriate to .the project. CFC Chp. 33 - 28.Avoid Delays:. To prevent plan review and inspection delays; the above noted Developmental Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal.