PC Res 4355RESOLUTION NO. 4355
BEING A 'RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2016-331)
TO ATERM-LIMITED CONDITIONAL USE PERMIT (PLN2012-10) TO
EXTEND THE APPROVAL PERIOD FOR AN EXISTING LARGE
FITNESS' STUDIO (SEDUSA STUDIOS) FOR FIVE (5) YEARS ON
PROPERTY LOCATED AT 1300 DELL AVENUE.
FILE NO.: PLN2016-331
After notification and public hearing,. as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2016-331:
1. The project was previously approved by the Planning Commission through
Conditional Use Permit No. PLN2009-134 and extended by Modification No.
PLN2012-331
2. The project site is designated Research and Development on the General Plan Land
Use Element Map.
3. The project site is designated C-M (Controlled Manufacturing) on the Zoning Map.
4. A fitness studio may be approved in C-M (Controlled Manufacturing) Zoning District
with a Conditional Use Permit, subject to the provisions of Section 21.36.095 of the
Campbell Municipal Code.
5. The submitted operational descriptions describes the various fitness sessions
provided by the fitness studio.
6. The project site is located on the west side of Dell Avenue, at the intersection of
Hacienda Avenue.
7. The project site consists of a 24,394 sq. ft. parcel, currently developed with athree-
tenant commercial building.
8. The hours of operation shall be restricted to 9:00 AM to 12:00 PM, M-F, 5:00 PM to
10:00 PM, M-F, and 10:00 AM-10:00 PM, Sat/Sun, exclusive of the customary and
reasonable use of the facility for administrative activity.
9. The project is not within 300 feet of a fitness center, although it is within 300 feet of a
public assembly use, requiring the Planning Commission to grant an exception to
allow an overconcentration of fitness and public assembly uses:
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 4355
PLN2016-331 - 1300 Dell Avenue -Modification to Use Permit (5 year extension of use)
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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 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
(PLN2016-321) to aterm-limited Conditional Use Permit (PLN2012-10) to extend the
approval period for an existing large fitness studio (Sedusa Studios) on property located at
1300 Dell Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 10th day of January, 2017, by the following roll call vote:
AYES: Commissioners: Kendall, Rich, Dodd, and Hernandez
NOES: Commissioners: None
ABSENT: Commissioners: Reynolds,. and Young
ABSTAIN: Commissioners: None
APPROVED: ~~~ ~~~~~~~
vonne Kendall, Chair
ATTEST:
Paul`Kdu'moyan, Secretary
Exhibit A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2016-331)
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 a Modification (PLN2016-331) to aterm-limited
Conditional Use Permit (PLN2012-10) to extend the approval period for an existing large
fitness studio (Sedusa Studios) for five (5) years on property located at 1300 Dell
Avenue. The project shall substantially conform to the Project Description and Project
Plans stamped as received by the Community Development Department on October 8,
2016, 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 (PLN2016-331), the previously approved Conditions of Approval as provided
in Resolution No. 4047 shall be void and shall permanently be superseded in their entirety
by the Conditions of Approval specified herein.
3. Limited Term Permit: The Modified Conditional Use Permit approved herein shall be valid
for -a period of five (5) years from the effective date of the Resolution (until January 20,
2022) adopted by the Planning Commission. The Modified Conditional Use Permit shall
be void and the use abandoned at such time unless an application to extend the approval
period is granted by the appropriate decision-making body.
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
Modification to the Modified Conditional Use Permit approved herein.
a. Approved Use: The approved use is a large fitness studio, as defined by the
Campbell Municipal Code, specializing in dance-based exercise.
b. Participants: Fitness sessions shall not exceed 20 participants per session.
c. Hours of Operation: The hours of operation shall be restricted as follows,
exclusive of the customary and reasonable use of the facility for administrative
activity:
• Mon. -Fri.: 9:00 AM - 12:00 PM / 5:00 PM - 10:00 PM
• Sat. -Sun.: 9:00 AM - 10:00 PM
Conditions of Approval
PLN2016-331 ~ 1300 Dell Avenue
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d. Instruction Area: Consistent with the approved project plans, the fitness studio is
limited to a single open instructional space.
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. Public address systems of all types are
strictly prohibited.
5. Revocation of Permit: Operation of the large fitness studio pursuant to the Approval
granted herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell
Municipal Code authorizing the appropriate decision making body to modify or revoke a
land use permit if it is determined that the use 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, a public
hearing before the Planning Commission 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
use 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 Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of patrons
actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment; and
c. Violation of conditions of approval.