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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.