PC Res 4532I
RESOLUTION NO. 4532
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2019-151) TO ALLOW ESTABLISHMENT OF A
LARGE FITNESS STUDIO. (I LOVE KICKBOXING) WITH LATE -
NIGHT ACTIVITIES ON PROPERTY LOCATED AT 152/156 N.
SAN TOMAS AQUINO ROAD. FILE NO: PLN2019-151
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 PLN2019-151: .
1. The project site is a tenant space located within the San Tomas Plaza Shopping
Center.
2. The project site is located at the northeast corner of North San Tomas Aquino Road'
and West Campbell Avenue.
3. The project site is within the C-1 (Neighborhood Commercial) Zoning District and within
the Neighborhood. Commercial General Plan Land Use District as depicted on the City
of Campbell Zoning and General Plan Maps, respectively..
4. The proposed project is an application for a Conditional Use Permit to allow
establishment of a large fitness studio (I Love .Kickboxing) with late -night activities.
5. The proposed project includes two land uses that are conditionally permitted in the C-1
Zoning District,' including "studio, large" . and "late night activities." The proposed
project, therefore, is allowable in the'C-1 Zoning District upon approval of a Conditional
Use Permit.
6. 'The proposed project would be consistent with the. applicable parking standard
pursuant to CMC Section 21.28.040.D.1 (Expansion/remodeling of structure, or change
in use).
J
7. The proposed project, as conditioned, would be consistent with the following General
Plan policies and strategies:
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services and
entertainment.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within
walking distance of residential uses
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create' an economic
balance within the City whilemaintaining a balance with other community land use
needs, such as housing and open space, and while providing high quality services
to the community.
Planning Commission Resolution No. 4532
PLN2019-151 — 152/156 N. San Tomas Aauino Rd.
Page 2 of 3
8. In review of the proposed project, the Planning Commission considered the proposed
project's traffic safety, traffic congestion, site circulation, landscaping, structure design,
and site layout.
9. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
10. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
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. 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 Conditional
Use Permit (PLN2019-151) to allow establishment of a large fitness studio (I Love
Kickboxing) with late -night activities on property located at 152/156 N. San Tomas
Aquino Road, subject to the attached Conditions of Approval (attached Exhibit A).
Planning Commission Resolution No. 4532 Page 3 of 3
PLN2019-151 — 152/156 N. San Tomas Aquino Rd.
PASSED AND ADOPTED this 8th day of October, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
EM �Mk-2 AIM
Buchbinder, Ching, Krey, Rivlin, Hines, Ostrowski
APPROVED:
Paul -Kerenoyan, Secretary
Exhibit A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2019-151)
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 to allow
establishment of a large fitness studio (I Love Kickboxing) with late -night activities on
property located at 152/156 N. San Tomas Aquino Road. The project shall
substantially conform to the Project Description and Revised Project Plans stamped
as received by the Community Development Department on August 15, 2019 and
September 9, 2019, respectively, except as may be modified by the Conditions of
Approval specified herein.
2. Approval Expiration: The Conditional Use Permit (hereon "Approval") shall be valid for
twelve (12) months from the effective date of Planning Commission action (expiring
October 18, 2020). Within this twelve-month period an application for a building permit
for interior tenant improvement work must be submitted in compliance with Campbell
Municipal Code (CMC) Section 21.56:030.B (Project Established). Failure to meet this
deadline or expiration of an issued building permit will result in this Approval being
rendered void.
Once established, this Approval shall be valid in perpetuity on the property, subject to
continued operation of the use except upon revocation pursuant to Condition of
Approval No. 4 (Revocation of Permit).
3. Si na e: No signage has been approved as part of this development application.
New signage shall not be installed prior to approval of a sign permit as required by
the Campbell Municipal Code. New signs shall conform to the San Tomas Plaza
Master Sign Plan.
4. 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 large fitness studio with late night
activities, as defined by the Campbell Municipal Code.
b. Employees: No more than three employees shall be within the studio at any
given time.
Exhibit A - Conditions of Approval — 152/156 N. San Tomas Aquino Rd. Page 2
PLN2019-151 — Conditional Use Permit
c. Clients: Classes shall be limited to 30 students.
d. Scheduling: Classes shall be staggered by at least 15 minutes.
e. Hours of Operation: The hours of operation shall be restricted to 4:30 AM -
9:00 PM, M-F and 7:00 AM - 8:00 PM, Saturday and Sunday.
f. Instruction Area: Consistent with the approved project plans, the fitness studio
is limited to one open instructional space.
g. Expansion: The facility shall not be expanded into any other portions of the
building without approval of a modification to this Conditional Use Permit.
h. 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.
i._ Doors: All doors (and windows) shall be kept closed at all times.
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. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CIVIC Section 6.11.060.
Window Glazing: All storefront glazing shall remain unobscured, except for the
25% of window area permitted to be occupied with window signage.
m. Storefront: The construction drawings submitted for a building permit shall
indicate replacement door(s) with fixed -pane window(s) consistent with the
building's existing storefront system for any non -operable doors not required for
egress purposes.
n. 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. 4 (Revocation of Permit).
5. 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 hours of operation have 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
Exhibit A - Conditions of Approval — 152/156 N. San Tomas Aquino Rd. Page 3
PLN2019-151 — Conditional Use Permit
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.