PC Res 4501RESOLUTION NO. 4501
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT WITH A PARKING MODIFICATION PERMIT (PLN2018-
285) TO ALLOW ESTABLISHMENT OF A FITNESS STUDIO
WITH LATE -NIGHT ACTIVITIES (CROSSFIT SAN JOSE) FOR A
FIVE-YEAR PERIOD ON PROPERTY LOCATED AT 1610 DELL
AVENUE, SUITE S.
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 PLN2018-285:
1. The project site is located along Dell Avenue, near the intersection with Division
Street.
2. The project site is designated C-M (Controlled Manufacturing) on the Zoning Map.
3. The project site is designated Research and Development on the General Plan Land
Use Element,Map.
4. On May 22, 2011, the Planning Commission adopted Resolution No. 4017, approving
a Conditional Use Permit to allow establishment of a fitness studio with late -night
activities within Suite A for a 5-year limited term period on the project site.
5. The proposed project is an application for a new Conditional Use Permit with a
Parking Modification Permit to allow the fitness studio to relocate to Suite S and
operate for an additional five-year period.
6. The Research and Development General Plan land use designation is intended to
accommodate campus -like environments for corporate headquarters, research and
development facilities, and offices. Supporting uses that provide services to
businesses and employees within the industrial district are allowed in an ancillary
manner.
7. The M-1 zoning district is designed to encourage sound industrial development, in
addition to service commercial uses in the city by providing and protecting an
environment exclusively for this type of development, subject to regulations identified
in the Zoning Code which are necessary to ensure the protection of nearby residential
uses from hazards, noises, or other related disturbances. Businesses serving
commercial uses (e.g., food service or office supply) are generally allowed as
ancillary uses, subject to appropriate development and design standards and
guidelines.
8. The C-M (Controlled Manufacturing) Zoning District is primarily intended to support
industrial development therefore commercial and service uses are restricted through
issuance of a Conditional Use Permit.
Planning Commission Resolution No. 4501
PLN2018-285 — 1610 Dell Ave., Ste. S
Page 2 of 4
9. The project site consists of a 94,307 square -foot parcel, developed with a multi -tenant
33,756 square -foot building.
10. The proposed project, as described by the submitted Project Description, is a large
fitness studio providing fitness classes with a maximum of 1-2 staff members and 20
participants.
11. The previously approved fitness studio proposes to relocate from Suite A (4,347
square feet) to adjacent Suite S (6,036 square feet).
12. A fitness studio may be approved in the C-M (Controlled Manufacturing) 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.
13. The proposed fitness studio is substantially different in purpose and customer base
than the adjacent fitness studio in that it offers classes to adults and includes morning
hours whereas the adjacent fitness studio offers classes to children in the afternoon
and evening, with a research and development component.
14. The proposed fitness studio is small scale facility that will provide a convenient
commercial service to employees and customers within the City's industrial areas,
consistent with General Plan Land Use Strategy LUT-5.5a.
15. The limited duration of the fitness use will not undermine the long term viability of
providing sufficient tenant spaces for industrial uses.
16. The proposed use will not displace a potential industrial use as four of the property's
19 tenant spaces are presently vacant.
17. The proposed use at this site does not present any unique or unusual circulation
concerns.
18. The project site provides 117 parking spaces at a ratio of 1 per 289 square feet and
based on the tenant space size, is allocated 21 parking spaces.
19. Pursuant to CIVIC Section 21.28.040 large studios shall provide 1 parking space for
each instructor/employee plus 1 space for each 4 participants, but not less than 1
space per 200 square feet of floor area. This parking standard yields a requirement of
7 spaces under the instructor/participant standard (two staff/20 students) but 30
spaces based on the floor area standard (6,036 square. feet). In this case the more
restrictive standard of 30 spaces applies.
20. A Parking Modification Permit can be supported if the total number of
instructors/participants does not exceed 21 individuals at any one time (consistent
with the 21. allocated parking spaces). If each instructor/participant brought a
separate car, the parking demand would not exceed the available parking spaces as
long as classes were staggered to prevent overlap.
Planning Commission Resolution No. 4501 Page 3 of 4
PLN2018-285 — 1610 Dell Ave., Ste. S
21. The proposed weekday opening time of 5:00 AM constitutes late -night, activities
(11:00 PM to 6:00 AM). With no nearby residential uses, early morning hours will not
result in an impact to adjacent properties.
22. The proposed use will not generate noise in excess of acceptable levels for a
commercial use.
23. 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 a, new 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
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.
Planning Commission Resolution No. 4501 Page 4 of 4
PLN2018-285 — 1610 Dell Ave., Ste. S
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 under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to the .operation and leasing of an
existing private structure.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit with a Parking Modification Permit (PLN2018-285) to allow establishment of a
fitness studio with late -night activities (CrossFit San Jose) for a five-year period on
property located at 1610 Dell Avenue, Ste. ' S, 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: Commissioners: Ching, Hines, Krey, Ostrowski, and Rivlin
NOES: Commissioners:
ABSENT: Commissioners: Rich
ABSTAIN: Commissioners:
rew Rivlin,/Acing Chair
ATTEST
Exhibit A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2018-285)
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 and Parking
Modification Permit (PLN2018-285) to allow the establishment of a fitness studio with
late -night activities (CrossFit San Jose) for a five-year period located at 1610. Dell
Avenue, Suite S. The project shall substantially conform to the Project Description
and Project Plans stamped as received by the Community Development Department
on February 22, 2019, 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 May 24, 2024). The
Conditional Use Permit and Parking Modification Permit shall be void and the use
abandoned at such time.
3.. Previous Conditional Use Permit: The previously approved Conditional. Use Permit
provided in Planning Commission Resolution No: 4017 (PLN2011-41) allowing a
fitness studio and late -night activities at 1610 Dell Ave Suite A is void.
4. Revocation of Perrnit: 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. Operational Parameters: 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 studio as defined by the Campbell
Municipal Code providing group fitness classes.
b. Employees: No more than two instructors/employees shall occupy the facility at
any one time.
Exhibit A - Conditions -of Approval — 1610 Dell Ave., Ste. S Page 2
PLN2018-285 — Conditional Use Permit
c. Age of Clients: All participants at the fitness studio shall be eighteen years of
age or older.
d. Occupancy Limits: The maximum number of occupants shall not exceed 21
(including instructors/employees and participants) at any time. Classes, lessons,
and employee activities shall be scheduled to ensure occupancy does not
exceed these limits at any time. No competition, exhibition, or other event
exceeding these occupancy levels shall be permitted.
e. Staggered Classes: Classes shall be staggered such that classes end a
minimum of fifteen (15) minutes before the start of the next class.
Hours of Operation: The hours of operation shall be restricted to 5:00 AM to
8:00 PM, Monday through Friday, 6:00 AM to 10:00 AM on Saturdays, and 8:00
AM to 10:00 AM on Sundays, exclusive of the customary and reasonable use of
the facility for administrative activity.
g. Instruction Area: Consistent with the approved project plans, the facility is
limited to one (1) instructional space (main room) within the subject tenant
space. No instructional or other fitness activities shall occur in the parking lot or
elsewhere on the property.
h. Expansion: The facility shall not be expanded into any other portions of the
building without approval of a modification to this Conditional Use Permit.
i. 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.
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.
k. Noise:.Outdoor speakers are prohibited. Tenant space doors and windows shall
be kept closed during classes. Unreasonable levels of noise, sounds and/or
voices, including but not limited to indoor amplified sounds, indoor loud
speakers, sounds from indoor audio sound systems or music, and/or indoor
public address system, generated by the establishment shall not be audible to a
person of normal hearing capacity from outside the enclosed tenant space. In
.the event that three (3) verifiable complaints are received by the City regarding
excessive noise, the Community Development Director shall forward the project
to the Planning Commission for review.
I. Business License: The business shall be required to obtain and maintain a City
business license at all times.
Exhibit A - Conditions of Approval — 1610 Dell Ave., Ste. S Page 3
PLN2018-285 — Conditional Use Permit
m. Delivery and Garbage Pick -Up Hours: Delivery and garbage pick-up hours
shall be restricted to 8 a.m. to 8 p.m. daily. Signage shall be installed at service
doors regarding the restriction of delivery and garbage pick-up hours. (Per
Condition of Approval #26 of approved P-D Permit for Merrill Gardens,
PLN2011-45)
n. Loitering: There shall be no loitering allowed outside the business. The
business owner is responsible for monitoring the premises to prevent loitering.
o. Trash Disposal and Clean -Up: All trash disposal, normal, clean-up, floor and
window cleaning, sidewalk sweeping, etc., shall occur during the operational
hours.
p. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
6. 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.
Building Division:
7. PERMITS REQUIRED: A building permit application shall be required for the
proposed expansion of tenant improvements to the (e) commercial space. The
Exhibit A - Conditions of Approval — 1610 Dell Ave., Ste. S Page 4
PLN2018-285 — Conditional Use Permit
building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
8. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
9. SIZE OF PLANS: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
10. 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.
11. 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.
12. 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.
13. 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. Chapter 1, Section 107. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
14. 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.
15. 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.
16. 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.
17. 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
Exhibit A - Conditions of Approval — 1610 Dell Ave., Ste. S Page 5
PLN2018-285 — Conditional Use Permit
18. 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.