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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 '