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
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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.
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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.
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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.