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PC Res 4499RESOLUTION NO. 4499 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A FIVE-YEAR TERM - LIMITED CONDITIONAL USE PERMIT WITH A PARKING MODIFICATION PERMIT (PLN2018-241) TO LEGALIZE THE ESTABLISHMENT OF A FITNESS STUDIO (EXTREME FITNESS & SPORTS) ON PROPERTY LOCATED AT 1600 DELL AVENUE, STE. C. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2018-241: 1. The project site is designated Research and Development on the General Plan Land Use Element Map. 2. The project site is designated C-M (Controlled Manufacturing) on the Zoning Map. 3. The project site is located on Dell Avenue, north of Division Street. 4. The project site consists of an approximately 84,000 square -foot parcel, developed with an approximately 30,000 square -foot industrial building. 5. The submitted application for a Conditional Use Permit would legalize an unpermitted fitness studio established six years ago without a land use entitlement or building permit. 6. The submitted operational description describes the fitness studio as a training facility specializing in neurocognitive learning, with a clientele largely consisting of children. 7. A fitness studio may be approved in the C-M Zoning District with a Conditional Use Permit, subject to the provisions of Section 21.36.095 of the Campbell Municipal Code. 8. The project site's industrial building was originally approved for warehouse purposes with ancillary office activity pursuant to the Planning Commission's February 26, 1974 approval of 'S' 74-77. In the years shortly after its construction, the property owner secured approval to allow introduction of limited light industrial uses in the building in 1975 and again in 1979. The allowance of light industrial was contingent on the property -maintaining its parking demand on -site. 9. 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. Among these provisions is an over -concentration standard that specifies that a studio shall not be located within three hundred feet of another existing public assembly, studio (small and large), or health and fitness center use unless the decision -making body grants an exception. 10. Since adoption of these requirements, the City has approved multiple Conditional Use Permit applications for studios located within the C-M and M-1 Zoning Districts. Planning Commission Resolution No. 4499 PLN2019-241 — 1600 Dell Ave., Ste. C Page 2 of 4 1.1. Consideration of an exception to the 300-ft over -concentration provision is necessary since the project site immediately abuts a lawfully established fitness studio—Crossfit San Jose —located 1610 Dell Avenue and another lawfully established fitness studio— Sirious Baseball —located at 1520 Dell Avenue one property away (approximately 100- feet from the project site). 12. The proposed fitness studio is substantially different in scale, purpose, and customer base than the aforementioned studio uses in that it provides fitness training in tandem with related research and development activity. 13. Due to the limited scope and scale of the proposed fitness studio, including the low number of people who will occupy the facility at any one time, the impact to adjacent industrial business will be minimal. 14. Due to the small-scale operation of the proposed fitness studio, the parking demand incurred by the facility will be no greater than a commercial or industrial business that could otherwise occupy the subject tenant space. 15. Consistent with Campbell Municipal Code Section 21.36.095, Conditional Use Permit approval for the proposed fitness studio shall expire in five years. At the conclusion of this approval period, the applicant shall either cease operation of the fitness studio or apply for an extension of approval. If at that time, conditions are such that the Planning Commission can no longer support an exception to the over -concentration standard, it may deny a request for an extension of approval. 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 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 Planning Commission Resolution No. 4499 PLN2019-241 — 1600 Dell Ave.. Ste. C Page 3 of 4 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. Approval of the parking modification permit will further the purpose of the Zoning Code. 10. The proposed concentration of fitness facilities will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 11. 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 five-year term -limited Conditional Use Permit with a Parking Modification Permit (PLN2018-241) to legalize the establishment of a fitness studio (Extreme Fitness & Sports) on property located at 1600 Dell Avenue, Ste. C, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 14th day of May, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Rivlin, Krey, Hines, Ching, Ostrowski Commissioners: Commissioners: Rich Commissioners: APPROVED: Paul kermoyan, Secretary Exhibit A CONDITIONS OF APPROVAL Conditional Use Permit w/Parking Modification Permit (PLN2018-241) 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. Planning Division: 1. Approved Project: Approval is granted for a Conditional Use Permit with a Parking Modification Permit (PLN2018-241) to legalize the establishment of a fitness studio (Extreme Fitness & Sports) on property located at 1600 Dell Avenue, Ste. C. The project shall substantially conform to the Project Description and Project Plans stamped as received by the Community Development Department on August 31, 2018 and February 27, 2019, respectively, 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 ("Approval") herein shall be valid for a period of five (5) years from the effective date of the resolution adopted by the Planning Commission (expiring May 24, 2024). The Conditional Use Permit and Parking Modification Permit shall be void and the use abandoned at such time. 3. Indemnity: By exercise of the Approval, the applicant shall indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected with compliance with the American with Disabilities Act (ADA). 4. Deadlines: This Approval is subject to the following deadlines for submittal of a building permit, including the required revisions specified by Condition of Approval No. 5 (Plan Revisions). Failure to satisfy these deadlines shall result in commencement of revocation proceedings by the Planning Commission as specified by Condition of Approval No. 7. • Building Permit Submittal: A complete application for a building permit to change the occupancy classification of the subject tenant space shall be submitted by June 14, 2019. Should the City's review of the building permit application materials result in required corrections, the applicant shall submit 'revised plans and, materials within two (2) weeks from the date the Building Division transmittal of the plan -check comments. • Building Permit Issuance: Once a building permit is ready to be issued, the applicant shall obtain the permit within three (3) working days. Exhibit A -Conditions of Approval — 1600 Dell Ave., Ste. C Page 2 PLN2018-241 Conditional Use Permit • Commencement: Once a building permit is issued, commencement of any required tenant improvement work shall commence within three (3) working days. • Completion: Any required tenant improvement shall be completed with four (4) weeks of the commencement of work. At such time, the applicant shall secure final inspections from the Building and Planning Divisions. 5. 'Plan Revisions: The construction plans submitted for a building permit shall .include the following revision(s): a. Parking stalls shall be indicated along the west -side of the subject building, consistent with the City's original 'S' 74-77 record drawings for the property. b. Appropriate notes and details to demonstrate compliance with the relevant requirements of Conditions of Approval No. 6 (Operational Standards) shall be included, as specified by the Community Development Director. Compliance with these requirement(s) and plan revision(s) shall be subject to the satisfaction of the Director of Community Development. 6. Operational Parameters: Consistent with the submitted Project Description, any business operating pursuant to this Approval 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, _ providing individual and small -group training sessions. The studio shall also incorporate an ancillary component of research and development activity directly associated with the primary use. b. Employees: No more than a combined 10 clients and employees shall occupy the facility at any one time. c. Hours of Operation: The hours of operation shall be restricted to 2:00 PM 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 one open instructional space. The upstairs storage area shall be reserved for storage use only and shall not be used for instructional activity. e. Outdoor Activity: All instructional activity shall remain indoors, and shall not in any manner occur outdoors. f. Expansion: The facility shall not be expanded into any other portions of the building without approval of a modification to this Conditional Use Permit. Exhibit A - Conditions of Approval — 1600 Dell Ave., Ste. C Page 3 PLN2018-241 — Conditional Use Permit g. 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. h. Parking: The parking lot shall be maintained in compliance with the standards in the Campbell Municipal Code. All parking and driveway areas shall be developed and maintained in compliance with the approved plans. and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. Parking shall be restricted for on -site uses only. Noise: Unreasonable levels of noises, sounds and/or voices, including but'not limited to amplified sounds from radio and loud speakers, shall not be audible to a person of normal hearing. acuity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation pursuant to Condition of Approval No. 7 (Revocation of Permit). , 7. Revocation of Permit: Operation of the fitness studio pursuant to this Approval 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 sale of alcohol and/or hours of operation, has become a nuisance to the City's public health, safety or welfare or for violations of the land use permit or any standards, codes, or ordinances of the City of Campbell. The business owner shall be obligated to cover the actual cost of all staff time associated with revocation proceedings. This obligation may be enforced by the City as permitted by law. 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 Approval. The Community Development Director may commence proceedings for the revocation of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time, restrict the establishment's hours of operation. 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 customer actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. Violation of conditions of approval. Exhibit A - Conditions of Approval — 1600 Dell Ave., Ste. C Page 4 PLN2018-241 — Conditional Use Permit Building Division: 8. Permit Reguired: A building permit application shall be required for the proposed Change of Use to the (e) commercial space. The building permit shall include the issuance of a Certificate of Occupancy for the new Occupancy Use. 9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 11. 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. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and existing structures with dimensions and elevations as appropriate.