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.