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:
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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
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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.
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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.
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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.
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PLN2004-86- 1282 White Oaks Road - Use Permit - Industrial Strength Kickboxing
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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
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APPROVED: C ~..." '/'~'¡ /
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GeotgêDoorley, Chair -..;..'
ATTEST: k. ~
../" Sharon Fierro, Secretary
Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners: