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PC Res 3584 RESOLUTION NO. 3584 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-86) TO ALLOW THE ESTABLISHMENT OF A FITNESS TRAINING FACILITY CONSISTING OF APPROXIMATELY 10,000 SQUARE FEET WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY LIMAR REALTY CORP. #30 LOCATED AT 1282 WHITE OAKS ROAD IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF INDUSTRIAL STRENGTH KICKBOXING. FILE NO.: PLN2004-86. 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 PLN2004-86: 1. The proposed project consists of the establishment of a fitness facility III an existing industrial building, 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of Institutional for this area. 3. The proposed fitness facility is consistent with the M-1-S (Light Industrial) zoning designation for the site with approval of a Use Permit and is compatible with the existing research and development use on the site and the surround industrial and residential uses. 4. The existing parking of 139 parking spaces with the provision of shared parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 5. The proposed use related parking demand complements the other research and development use that occupies this building. Adequate parking, circulation, and access are provided for all users. 6. The proposed operational hours of 7:30 a. m. to 10:00 p.m. are typical of commercial! industrial uses. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3584 PLN2004-86- 1282 White Oaks Road - Use Permit - Industrial Strength Kickboxing Page 2 1. The proposed project is consistent with the General Plan and Zoning Ordinance. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 3. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2004-86) to allow the establishment of a fitness training facility consisting of approximately 10,000 square feet within an existing commercial building on property owned by Limar Realty Corp. #30 located at 1282 WHITE OAKS ROAD in an M-1-S (Light Industrial) Zoning District, subject to the following conditions. 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 Planninl! Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2004-86) allowing the establishment of a health/fitness center of 10,000 square feet in an existing two story industrial building on a site located at 1282 White Oaks Road. The site design shall substantially comply with project description and plans received by the Community Planning Commission Resolution No. 3584 PLN2004-86- 1282 White Oaks Road - Use Permit - Industrial Strength Kickboxing Page 3 Development Department dated June 6, 2004, except as may be modified by the Conditions of Approval herein. Project Approval shall comply with the following: a. Site plan and preliminary floor plan dated June 1,2004. b. Business Description Industrial Strength Kickboxing - Xtreme Fitness center c. Letter from Applicant Regarding Parking - dated August 10, 2004 limiting a maximum class size to 35 students in the morning and 80 students in the evening. 2. Number of Students and Staff: The maximum number of students shall not exceed 80 students and 5 support staff at anyone time. During the hours of 8:00 a. m. to 5:00 p.m. on Monday through Friday the maximum number of students/staff shall be limited to 40. Any increase or modification to the number of students and/or staff shall require approval of a Modification to the Conditional Use Permit by the Planning Commission. 3. Conditional Use 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 a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 5. 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. 6. Outdoor Storage: No outdoor storage is permitted on the subject property. 7. .fu.gn§: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 of the Campbell Municipal Code. 8. Operational Hours: a. Monday through Friday: The hours of operation for the fitness facility is limited to the hours of7:30 a.m. to 10:00 p.m. Monday through Friday. b. Weekend Use: Use of the facility on Saturdays shall be limited to 8:00 a.m. to 12:00 noon. 9. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 of the Campbell Municipal Code. Planning Commission Resolution No. 3584 PLN2004-86- 1282 White Oaks Road - Use Permit - Industrial Strength Kickboxing Page 4 10. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review Buildinl! Division: 11. Permits Required: A building permit application shall be required for the proposed tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. 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. 15. 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. 16. 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. 17. Special Inspections: When a special inspection is required by UB.C. Section 1701, 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 D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. Non-Point Source Provisions: 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. Planning Commission Resolution No. 3584 PLN2004-86- 1282 White Oaks Road - Use Permit - Industrial Strength Kickboxing Page 5 19. 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. 20. Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 21. 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 c. Santa Clara County Department of Environmental Health 22. 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 23. Extent of Review: Review of this 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. 24. Building Permits: Prior to Building Permit application, the Architect shall reflect compliance with the 2001 California Fire and Building Code relative to exiting, are or occupancy separations, and alarm system installations as may be appropriate. 25. Fire Sprinkler System: The existing fire sprinkler system within the building shall be modified to accommodate the new building design. A State of California licensed fir protection contractor shall submit three (3) sets of plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Planning Commission Resolution No. 3584 PLN2004-86- 1282 White Oaks Road - Use Permit - Industrial Strength Kickboxing Page 6 PASSED AND ADOPTED this 14th day of September, 2004, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None ~/~ APPROVED: C ~..." '/'~'¡ / . 6 .~ GeotgêDoorley, Chair -..;..' ATTEST: k. ~ ../" Sharon Fierro, Secretary Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: