PC Res 4557RESOLUTION NO. 4557
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2019-189)
AND UPHOLDING THE COMMUNITY DEVELOPMENT
DIRECTOR'S APPROVAL OF AN ADMINISTRATIVE PLANNED
DEVELOPMENT PERMIT FOR A LARGE FITNESS STUDIO WITH
LATE -NIGHT ACTIVITIES (PLN2019-106) LIMITED TO A MAXIMUM
OF 34 OCCUPANTS ON PROPERTY LOCATED AT 842 W.
HAMILTON AVENUE.
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 PLN2019-189:
1. The project site has a P-D (Planned Development) Zoning District designation.
2. The project site has a Commercial/Professional Office/Residential General Plan
designation.
3. A large fitness studio with late -night activities is consistent with the Zoning and General
Plan designation with approval of an Administrative Planned Development Permit.
4. On May 30, 2019 the applicant submitted an application for an Administrative Planned
Development Permit (PLN2019-106) to allow establishment of a large fitness studio,
accommodating up to a maximum of 34 occupants (participants in classes or waiting
for classes and instructors/employees) in one instructional space.
5. Based on the information provided by the applicant, staff reviewed the proposal in
terms of consistency with the zoning district and general plan designation, parking
demand/availability, and impacts to adjacent uses.
6. On September 16, 2019, an Administrative Planned Development Permit (PLN2019-
106) was approved subject to conditions of approval including a maximum of 34
occupants at any one time.
7. On September 26, 2019, the applicant filed an Appeal (PLN2019-189) to allow an
increase in the maximum number of occupants from 34 to 80 individuals because the
desired class size was indicated incorrectly in the application materials.
8. The approved maximum of 34 occupants originated from the written description
provided in the application and corresponds with the maximum requested at the time
the application was processed.
9. Given the varied uses and amount of parking in the shopping center, 34 occupants with
only 24 allocated parking spaces based on the tenant space size was viewed as
reasonable and unlikely to create impacts.
10. Staff reviewed the application for the potential impacts of 34 occupants. Increasing the
number of occupants from 34 to 80 requires additional analysis and the applicant
should submit an application to modify the approved Administrative Planned
Development Permit to process that request.
Planning Commission Resolution No. 4557 Page 2 of 2
PLN2019-189 — 842 W. Hamilton Avenue
Appeal of an Administrative Planned Development Permit Approval
11. Pursuant to CMC Section 21.62.040(C)(2), appeals shall be based upon an error in
fact, dispute of findings, or inadequacy of conditions to mitigate potential project
impacts.
12. An appeal is not the appropriate process to evaluate a new request for a class size
increase that would more than double the number of participants from the original
application/approval.
13. Denial without prejudice would allow the appellant to apply for a new Administrative
Planned Development Permit and enable staff to properly evaluate the request.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The applicant's request would not result in a more desirable environment and use of
land than would be possible under any other zoning district classification;
2. The applicant's request would not be compatible with the general plan and will not aid
in the harmonious development of the immediate area;
3. The applicant's request will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property;
4. The applicant's request would be detrimental to the health, safety or welfare of the
neighborhood or of the city as a whole; and
5. The project qualifies as a Statutorily Exempt project under Section 15270 of the
California Environmental Quality Act (CEQA) pertaining to projects which a public
agency disapproves.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an Appeal
(PLN2019-189) and upholds the Community Development Director's approval of an
Administrative Planned Development Permit for a large fitness studio with late -night
activities (PLN2019-106) limited to a maximum of 34 occupants on property located at 842
W. Hamilton Avenue.
PASSED AND ADOPTED this 14th day of January, 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Commissioners: Buchbinder, Colvill, Hines, Krey, and Rivlin
Commissioners:
Commissioners: Ching, Ostrowski
Commissioners:
APPROVED:
Michael Krey, Chair
ATTEST: / V 7-11 1
Paul Kew oyan, Secretary