PC Res 4407RESOLUTION NO. 4407
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING THE MODIFICATION
OF A TERM-LIMITED CONDITIONAL ~ USE PERMIT AND
PARKING MODIFICATION PERMIT (PLN2017-204) FOR FIVE
(5) YEARS FOR A SMALL FITNESS CENTER ON PROPERTY
LOCATED AT 529 FORMAN DRIVE, STE. D&E IN TH,E M-1
(LIGHT INDUSTRIAL) ZONING DISTRICT.
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 file numbers ~PLN2017-204:
1. The project site is zoned M-1 (Light Industrial) as shown on the Campbell Zoning
Map.
2. The project site is designated Light Industrial as shown on the Campbell General
Plan Map.
3. A fitness studio may be approved in the M-1 (Light Industrial) Zoning District with a
Conditional Use Permit, subject to the provisions of Section 21.36.095 of the
Campbell Municipal Code.
4. The project site is located on Forman Drive, north of McGlincy Lane.
5. The project site consists of a 20,473 sq. ft. parcel, currently developed with afive-
tenant commercial building.
6. No exterior modifications to the building are proposed in conjunction with the
proposed small fitness studio.
7. The hours of operation shall be restricted to 6:00 AM to 9:00 PM, daily.
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
Planning Commission Resolution No. 4407 Page 2 of 3
PLN2017-204 ~ 529 Forman Drive, Ste. D & E -Use Permit & Parking Modification Permit
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. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported by review of the applicant's documentation and/or a parking demand study
prepared by a qualified transportation engineer accepted by the decision-making
body. -
8. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
9. The project qualifies as a Categorically Exempt project under Section 15301 Class 1
of the California Environmental Quality Act (CEQA) pertaining to minor alterations to
an existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
10. THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification to a Use Permit and Parking Modification Permit (PLN2017-204) to allow
the extension of aterm-limited Use Permit for a small fitness studio on property
located at 529 Forman Drive, Ste. D & E, subject to the attached Conditions of
Approval (attached .Exhibit A).
Planning Commission Resolution No. 4407 Page 3 of 3
PLN2017-204 ~ 529 Forman Drive, Ste. D & E -Conditional Use Permit
PASSED AND ADOPTED this 22nd day of August, 2017, by the following roll call vote:
AYES: Commissioners: Kendall, Rich, Dodd, Reynolds, Young, Rivlin
NOES: Commissioners:
ABSENT: Commissioners: Hernandez
ABSTAIN: Commissioners:
APPROVED: ~/~,~'`7~~~i`%~~~°~~.-~ /~'~r%/~-
f~``"Yvonne Kendall, Chair '
ATTEST: _ ~ ~ `-~-"
Paul Kerm yan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2017-204)
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 cohditions 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:
1. Approved Project: Approval is granted for the extension and Modification of a
Conditional Use Permit (PLN2017-204) and Parking Modification Permit to allow the
continued operation of a small fitness studio in an existing commercial building located
at 529 Forman Drive, suites D and 'E. Project Plans stamped as received by the
Community Development Department on July 15, 2017, except as may be modified by
the Conditions of Approval specified herein.
2. Limited Term Permit: The Conditional Use Permit and Parking Modification Permit
approved herein shall be valid for a period of five (5) years from the effective date of
the resolution adopted by the Planning Commission (expiring September 1, 2018). The
Conditional Use Permit and Parking Modification Permit shall be void and the use
abandoned at such time unless an application to extend the approval period is granted
by the Planning Commission.
3. One Year Review: The Planning Commission shall hold a public hearing in one year to
evaluate the extension of the Conditional Use Permit and Parking Modification Permit.
The Community Development Director shall report on the operator's compliance with
the conditions of approval contained herein, any known violations of local ordinances or
State laws, and the Police Department's calls-for-service history for the establishment.
At such time, as based on the Community Development Director's report, public
testimony, and any additional evidence presented, the Planning Commission may
rescind, extend, or maintain the Conditional Use Permit and Parking Modification
Permit. The applicant shall submit an application to the Community Development
Department for cone-year review no later than eight (8) months after the effective date
of the resolution adopted by the Planning Commission.
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. Previous Conditions of Approval: Upon,the effective date of the Modified Conditional
Use Permit, the previously approved Conditions of Approval provided in Planning
Exhibit A -Conditions of Approval Page 3 of 4
PLN2017-204 ~ 529 Forman Drive, Ste. D&E -Use Permit & Parking Modification Permit
Commission Resolution No. 4081 (PLN2012-154) shall be void and shall permanently
be superseded in their entirety by the Conditions of Approval specified herein.
6. Business License: A valid City business license shall be maintained at all times that the
business is in operation. - '
7. Operational Parameters: Consistent with the submitted Project Description, any
business operating pursuant to this Conditional Use Permit and Parking Modification
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 Conditional Use Permit
approved herein.
a. Approved Use: The approved use is a small fitness studio, as defined by the
Campbell Municipal Code.
b. Trainers/Clients: At no time shall there be more than fifteen (15) trainers and
clients (combined) within the facility at any one time.
In the event complaints are received by the City regarding parking for the site,
the Community Development Director may immediately modify maximum
number of trainers and clients permitted, subject to the project being brought
back to the Planning Commission for review.
c. Hours of Operation: The hours of operation shall be restricted to 6:00 AM to
9:00 PM, exclusive of the customary and reasonable use of the facility for
administrative activity.
d. Instruction Area: Consistent with the approved project plans, the fitness studio
is limited to two open instructional spaces. Instruction shall not be conducted
outside of the building.
e. Property Maintenance: The owner/operator of the subject property shall
maintain all exterior areas of the business free from graffiti, trash, rubbish,
poster-s 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.
In the event the city receives three (3) verifiable and repeated number of
complaints pertaining to noise, the Planning Commission may review the
Conditional Use Permit. Upon review, if the Planning Commission finds that
there is substantial evidence that the use is creating unreasonable disturbance
to the adjacent residents, the Planning Commission may take reasonable
measures to mitigate such noise such as restricting or terminating the use of
amplified music.
Exhibit A -Conditions of Approval Page 3 of 4
PLN2017-204 ~ 529 Forman Drive, Ste. D&E -Use Permit & Parking Modification Permit
8. 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.
Building Division:
9. Permits Required: A building permit is required for the proposed tenant improvements
to the existing commercial space. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
11. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
12. 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.
13. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The 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.
14. 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.
15. 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. Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from. the Building Inspection Division Counter.
16.' 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.
17. 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.
Exhibit A -Conditions of Approval Page 3 of 4
P.LN2017-204 ~ 529 Forman Drive, Ste. D&E -Use Permit & Parking Modification Permit
18. 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.
19. PG&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. & E. concerning utility
easements, distribution pole locations and required conductor clearances.
20. 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 '