Loading...
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) Paae 2 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 Page 3 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.