PC Res 4662RESOLUTION NO. 4662 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW ESTABLISHMENT OF AN APPROXIMATELY 40,000 SQUARE-FOOT HEALTH/FITNESS CENTER (CITY SPORTS CLUB) WITH "LATE NIGHT ACTIVITIES," AND ANCILLARY NON-LICENSED TEMPORARY CHILDCARE SERVICES (KIDS KLUB)
WITHIN AN EXISTING COMMERCIAL BUILDING FORMALLY
OCCUPIED BY BED, BATH, AND BEYOND, FOR PROPERTY LOCATED AT 515 E. HAMILTON AVENUE. FILE NO.: PLN-2022-25 After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission of the City of Campbell does ordain as follows:
1. The Project Site is zoned C-2 (General Commercial) on the City of Campbell Zoning
Map.
2. The Project Site is designated General Commercial on the City of Campbell General Plan Land Use diagram.
3. The Project Site is an 8.18-acre commercial parcel located the northeast corner of East
Hamilton Avenue and Marathon Drive.
4. The Project Site is developed with two commercial buildings constructed pursuant to a Site and Architectural Review Permit (PLN2004-07,18,19,26, & 33) granted by the City Council on appeal on May 4, 2004, by Resolution No. 10331.
5. The Proposed Project is an application for a Conditional Use Permit to allow
establishment of an approximately 40,000 square-foot City Sports Club (health/fitness
facility") with a 5:00 AM public opening ("late night activities") and ancillary non-licensed temporary childcare services, within an existing commercial building.
6. The Proposed Project would be consistent with the following General Plan policies and strategies by introducing a use that is compatible with the adjacent neighborhood,
provides a service within walking distance of that neighborhood, and facilitating the ongoing use of the shopping center.
Strategy LUT-2.4: Full Range of Land Uses: Provide for a full range of land uses within the City, and for mixed-uses within specific development projects.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods.
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.
Planning Commission Resolution No. 4662 Page 2 of 4 515 E. Hamilton Avenue
Conditional Use Permit (PLN-2022-25)
Strategy LUT-5.3c: Revitalization of Shopping Centers: Encourage the maintenance and revitalization of commercial shopping centers.
Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses.
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 while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community.
7. A "Transportation Fair Share Contribution Fee" shall be imposed as a condition of approval in compliance with Government Code § 66000. The purpose of the fee is to
satisfy the City's obligations under the Congestion Management Program (CMP)
pursuant to Government Code § 65088 - 65089.10 and to further General Plan Strategy LUT-2.3a (Intersection Level of Service), both of which require the City to maintain the level-of-service (LOS) of designated CMP intersections. The fee will be used to facilitate the construction of the Hamilton Avenue Highway 17 Southbound Offramp project, as described in the City's Capital Improvement Plan (CIP), along with other developer fees,
grants, and City reserve funds. There is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed in that the aforementioned offramp project will directly benefit customers of the proposed development who will make frequent use of this offramp as it provides direct and
immediate access to the property from southbound Highway 17. Further, there is a
reasonable relationship between the fee’s use and the type of development project in that the fee ($37,000) is equal to the project's proportional share of the anticipated cumulative traffic volume (1.24%) multiplied against the $3,000,000 offramp project, construction cost, as documented in the project's traffic impact analysis (TIA).
8. Consistent with the City's Vehicle-Miles-Traveled (VMT) Policy, the Proposed Project has been "screened-out" due to its proximity to the Hamilton Light-Rail Station. 9. The Proposed Project is not subject to a Parking Modification Permit requirement
pursuant Government Code § 65863.2, which precludes the City from imposing or
enforcing a parking requirement for a development project located within one-half mile of public transit. The Project Site is within one-half mile of the Hamilton Light-Rail Station. 10. The Proposed Project includes "temporary childcare services," which is an ancillary child day care for fitness facility members that is exempt from State licensure pursuant to
Health and Safety Code § 1596.792(k). This activity is permissible since the C-2 (General Commercial) Zoning District allows for commercial daycare centers, which is a directly comparable use pursuant to CMC Section 21.02.020.F.1 (Similar uses allowed).
11. Consistent with City Council Resolution No. 10331, the proposed health/fitness facility
shall be required to participate in the VTA SmartPass program to provide transit passes to its employees.
Planning Commission Resolution No. 4662 Page 3 of 4 515 E. Hamilton Avenue
Conditional Use Permit (PLN-2022-25)
12. 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.
13. 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.
14. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
15. No substantial evidence has been presented which shows that the Proposed 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:
Conditional Use Permit Finding (CMC Sec. 21.45.040):
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; and
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.
Environmental Findings (CMC Sec. 21.38.050):
7. The project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the operation, permitting, and minor
alterations of an existing private structure involving negligible or no expansion of existing or former use.
Planning Commission Resolution No. 4662 Page 4 of 4 515 E. Hamilton Avenue
Conditional Use Permit (PLN-2022-25)
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit to allow establishment of an approximately 40,000 square-foot Health/fitness
Center (City Sports Club) with "late night activities," and ancillary non-licensed temporary
childcare services (Kids Klub) within an existing commercial building on property located at 515 E. Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 24th day of January, 2023, by the following roll call vote:
AYES: Commissioners: Fields, Ching, Ostrowski,Zisser, Kamkar, Krey, Buchbinder NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:
APPROVED: Adam Buchbinder, Chair
ATTEST: Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL Conditional Use Permit
PLN-2022-25 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Conditional Use Permit to allow establishment of an approximately 40,000 square-foot Health/fitness Center (City Sports
Club) with "late night activities," and ancillary non-licensed temporary childcare services
(Kids Klub) within an existing commercial building, for property located at 515 E. Hamilton Avenue. The project shall substantially conform to the Project Plans and Project Description included as Attachment No. 3 and No. 4, respectively, of the Planning Commission Staff Report dated January 24, 2023, except as may be modified by the Conditions of Approval herein.
2. Permit Expiration: The Conditional Use Permit approved herein ("Approval") shall be valid for one (1) year from the effective date of Planning Commission approval (expiring February 24, 2024). Within this one-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration
of an issued Building Permit shall result in the Approval being rendered void. Once
established, this Approval shall be valid in perpetuity on the Project Site, subject to continued operation of the use. Discontinuation of the use for a continuous period of twelve months shall void the Approval upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued.
3. Transportation Fair Share Contribution Fee: Payment of a "Transportation Fair Share Contribution Fee" in the amount of $37,000 shall be paid prior to issuance of a Certificate of Occupancy/Building Permit Final.
4. Transit Passes: As required by City Council Resolution No. 10331, Condition of Approval
No. 30 (Eco Pass), the operator shall continuously participate in the VTA SmartPass program to provide transportation passes to its employees at no cost. The operator shall furnish evidence that it has enrolled into the SmartPass program prior to issuance of a Certificate of Occupancy/Building Permit Final.
5. Signage: No signage has been approved as part of this development application. New
signage shall not be installed prior to approval of a Sign Permit consistent with the "Kohl's & Bed, Bath, and Beyond Center" Master Sign Plan on file with the Community Development Department.
Conditions of Approval – 515 E. Hamilton Avenue Page 2 of 4 PLN-2022-25 ~ Conditional Use Permit
6. Operational Standards: Consistent with the Approved Project Description the approved health/fitness center operating pursuant to this Approval shall conform to the following operational standards. Significant deviations from these standards (as determined by the
Community Development Director) shall require approval of a Modification of this
Approval.
a. Approved Use: The approved use is a "health/fitness center" with "late night activities" as defined by the Campbell Municipal Code, with ancillary "temporary childcare services," as defined by Health and Safety Code Section 1596.792(k),
and as limited by the operational standards listed herein. At no time shall the "temporary childcare services" be operated as a commercial daycare center.
b. Hours of Operation: Hours of operation shall be as follows. By the end of Business
Hours all customers shall have exited the health/fitness facility. By the end of the
Operational Hours all employees shall be off the premises (except for emergencies). • Business Hours 5:00 AM – 11:00 PM, daily
• Operational Hours: 4:00 AM – 12:00 AM, daily
c. Child Care Activity: Temporary childcare services may only be provided to parents
and guardians who are within the health/fitness facility as members, in compliance
with Health and Safety Code Section 1596.792(k). If this section is rescinded or interpreted in such a manner by the Community Care Licensing Division of the California Department of Social Service as not to exempt the health/fitness center from daycare facility licensure, the temporary childcare services shall cease to be offered.
d. Security Plan: If deemed necessary by the Police Department, the operator shall prepare a security plan to the satisfaction of the Police Chief, including, but not limited to, provision of private security, installation of a security camera system,
installation of additional security lighting, and/or installation of security signage.
e. Outdoor Activity: Outdoor exercise activities are prohibited and shall not be offered by the health/fitness facility.
f. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within the trash enclosure except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal). Emptying of trash receptacles and
placement of refuse and recyclable materials into the trash enclosure receptacles shall occur only during the hours of 6:00 AM to 11:00 PM, daily.
g. Bicycle Parking: The health/fitness center shall provide and maintain exterior bicycle parking as directed by the Community Development Director.
h. Landscape Maintenance: All landscaping shall be maintained in compliance with
Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.
Conditions of Approval – 515 E. Hamilton Avenue Page 3 of 4 PLN-2022-25 ~ Conditional Use Permit
i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060.
j. Property Maintenance: All exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property, in compliance with CMC
Section 21.16.110 (Site Maintenance).
k. Noise: Regardless of decibel level, no noise generated by the health/fitness center shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event verified complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the Hours of Operation, subject to commencement of a revocation hearing pursuant to Condition of Approval No. 7 (Revocation of Permit).
l. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards provided in CMC Chapter 21.28 (Parking and
Loading).
7. Revocation of Permit: Continue operation of the approved health/fitness center, is subject to Campbell Municipal Code Chapter 21.68 authorizing the appropriate decision-making body to modify or revoke a land use approval if it is determined that operation a use has become a nuisance to the City’s public health, safety or welfare or for violation
of the Conditions of Approval or any standards, codes, or ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the property generates three (3) verifiable complaints related to violations of conditions of approval (e.g., noise,
parking, etc.) within a twelve (12) month period, a public hearing before the Planning
Commission may be scheduled to consider modifying conditions of approval or revoking the Minor Modification approval. The Community Development Director may commence proceedings for the revocation or modification 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. 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 and/or employee actions;
b. The number of complaints concerning the operation of an establishment regarding
noise and/or other operational impacts.
c. Violation of conditions of approval.
PUBLIC WORKS DEPARTMENT
8. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements
Conditions of Approval – 515 E. Hamilton Avenue Page 4 of 4 PLN-2022-25 ~ Conditional Use Permit
9. Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits for the
site, the applicant shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide
insurance necessary to obtain an encroachment permit for construction of the standard
public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
b. Per the recommendation of the project TIA, the applicant shall prepare a striping plan to install “Keep Clear” pavement markings on southbound Almarida Drive at the project’s southerly driveway.
10. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the project, and should those facilities or other work affect any public improvements, the City may add conditions to the project, at the discretion of the City Engineer, to restore pavement or
other public improvements to the satisfaction of the City.
Resol 4662 ~ 515 E. Hamilton Ave. (City Sports)
Final Audit Report 2023-04-14
Created:2023-04-05
By:Selina Perez Aquino (selinap@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAASyUHOfUEbQNs5ttIYNg7Vl3mcUsjl9eT
"Resol 4662 ~ 515 E. Hamilton Ave. (City Sports)" History
Document created by Selina Perez Aquino (selinap@campbellca.gov)
2023-04-05 - 10:13:02 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-04-05 - 10:13:46 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-04-10 - 6:00:33 AM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-04-10 - 6:00:46 AM GMT - Time Source: server
Document emailed to abuchbinder@google.com for signature
2023-04-10 - 6:00:47 AM GMT
Email viewed by abuchbinder@google.com
2023-04-14 - 4:20:20 PM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-04-14 - 4:20:43 PM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-04-14 - 4:20:45 PM GMT - Time Source: server
Agreement completed.
2023-04-14 - 4:20:45 PM GMT
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