PC Res 4686
RESOLUTION NO. 4686 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2023-72) TO ALLOW A LARGE STUDIO USE (I.E., FITNESS TRAINING) IN AN EXISTING BUILDING LOCATED AT 490 DIVISION STREET IN THE RD (RESEARCH AND DEVELOPMENT) ZONING DISTRICT.
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 did find as follows with regard to application PLN-2023-72:
1. The project site is the approximately 4.5-acre which includes several multi-tenant
buildings.
2. The proposed large studio use (dba Move It Silicon Valley) is proposing to occupy a corner tenant space, approximately 5,503 gross square feet (5,440 net square feet) within an existing building.
3. As described by the Project Description, one-on-one training and small group workout sessions (2 to 3 clients at one time) will be provided. These training sessions will be customized to the client. A maximum of 7 personal trainers and up to 20 clients (at one time) are proposed. The business would operate 6:00 A.M. to 9:00 P.M. Monday through
Friday, and 7:00 AM to 6:00 PM, Saturday and Sunday. Amplified music is proposed to
be played inside the building, though not to decibel levels which will impede instruction.
4. The project does not result in any additional floor area or exterior changes to the existing building. The existing roll-up doors are proposed to remain, though will be kept closed during business hours.
5. The project does not include any exterior amplified music of sound attenuating devices.
6. The project site is zoned RD (Research and Development) and designated Research and
Development by the General Plan.
7. In the RD (Research and Development) zoning districts, large studio uses are identified as a Conditional Use.
8. A ‘studio, large’ use is defined by CMC 21.72 as follows:
" "Studios, large" means an establishment that offers instruction to more than twelve
participants at any one time, involving physical or artistic skills and techniques,
including but not limited to dance, music, fitness training, martial parts, and fine arts.”
9. The project site is located within ½ mile of a major transit stop. Pursuant to Government
Code Section 65863 (Assembly Bill 2097 2021-2022), the city is prohibited from imposing a minimum automobile parking requirement. A major transit stop includes ones identified
Planning Commission Resolution No. 4686 Page 2 of 3 490 Division Street Conditional Use Permit (PLN-2023-72) – Large Studio Use
in the regional transportation plan which includes the future Hacienda/Winchester light rail station and the future Vasona Junction light rail station located in the Town of Los Gatos. Although not required, the lease agreement includes provisions for 18 parking spaces.
10. The Move It Silicon Valley business was previously located at 1190 Dell Avenue and will be relocating to 490 Division Street to expand the business.
11. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following:
Policy ED-2.5: Encourage the retention and expansion of local businesses as appropriate to
provide a range of jobs and services to residents, to retain revenue in the city, and respond to community needs for key amenities and services.
12. 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.
13. 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:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
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;
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
Planning Commission Resolution No. 4686 Page 3 of 3 490 Division Street Conditional Use Permit (PLN-2023-72) – Large Studio Use
detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Finding(s) (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 and leasing, and minor alteration of an existing private structure. 8. 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2023-72) to allow a large studio use within an existing building
located at 490 Division Street subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this September 12, 2023, by the following roll call vote:
AYES: Commissioners: Fields, Majewski, Ostrowski, Buchbinder, Zisser, Kamkar, Krey NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:
APPROVED: Adam Buchbinder, Chair
ATTEST: Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2023-72)
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 (PLN-2023-72) to
allow a large studio use within an existing building located at 490 Division Street. The project shall substantially conform to the Project Plans and Project Description included as Attachments B and C in the September 12, 2023 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein.
2. Limited Term Permit: The Conditional Use 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 September 12, 2028). The Conditional Use Permit shall be void and the use abandoned at such time.
3. Revocation of Permit: 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.
4. Drop-off/Pick-up area: The construction drawings submitted to the Building Division for the building permits must indicate the parking space utilized for drop-off and pick-up of clients.
5. Operational Parameters: Consistent with the submitted Written Descriptions and City
standards, a large studio use operating pursuant to the Conditional Use Permit approved
herein 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 to the Conditional Use Permit.
a. Hours of Operation: Hours of operation shall be as follows.
6:00 AM – 9:00 PM, Monday through Friday
7:00 AM – 6:00 PM, Saturday and Sunday
b. Staff/Clients: Up to 7 trainers total, and up to 20 clients at one time.
c. Rolling Door: The existing rolling door shall remain closed during hours of operation, with the exception of facilitating transfer (inbound and outbound) of equipment and/or
deliveries. Amplified music shall not be played when the rolling door is open to reduce
disruption to adjacent businesses.
Planning Commission Resolution No. 4686 Page 2 of 4 490 Division Street
Conditional Use Permit (PLN-2023-72) – Large Studio Use
d. Outdoor Activities: There shall be no outdoor activities occurring as part of this business. This shall include, but not be limited to, outdoor workouts.
e. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours."
f. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering.
g. Business License: The business shall be required to obtain and maintain a City business license at all times.
h. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
6. Noise: Sound deadening measures (such as, but not limited to: insulation installation, acoustic sound panels, additional drywall installation) shall be implemented should the establishment generates three (3) verifiable complaints related to noise impacts to
adjacent tenants. City staff may also require floor plan alterations to reduce noise impacts. 7. Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed
along, behind or attached to windows or doorways that blocks visual access to the tenant
space or blocks natural light. 8. 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
placed on the property. Exterior areas of the business shall include not only the parking
lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times.
9. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.
10. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 11. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally
Planning Commission Resolution No. 4686 Page 3 of 4 490 Division Street
Conditional Use Permit (PLN-2023-72) – Large Studio Use
compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening.
12. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 13. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. 14. Construction Activities: The applicant shall abide by the following requirements during construction:
a. The Project Site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the Project Site shall be properly muffled and maintained in good working
condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and
businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 15. Revocation of Permit: Operation of a large studio use pursuant to the Conditional Use
Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community
Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a twelve (12) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of
permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In
Planning Commission Resolution No. 4686 Page 4 of 4 490 Division Street
Conditional Use Permit (PLN-2023-72) – Large Studio Use
exercising this authority, the decision-making body may consider the following factors, among others:
a. The number of complaints received from business owners and other citizens
concerning the operation of this establishment regarding noise, and/or other
operational impacts.
b. Violation of conditions of approval. BUILDING DIVISION
16. Prior to Building permit submittal, the accessible path of travel must include the changing rooms. In the building permit submittal, a Life Safety/Egress plan must be included that illustrates: exit signs, emergency lighting, a general layout of the expected equipment, a fire rated demising wall between the adjacent tenant.
17. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of the construction plans submitted for the building permit. 18. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the
date of issuance and an Administrative fine of up to $1,000.00. 19. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work. FIRE DEPARMENT 20. Fire Sprinkler Modification Required: Provide submittal to SCCFD for installation of each
of the systems listed below, per CFC Chapter 1 and 9. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before altering the system. Call (408) 341-4420 for more information. 21. Fire Alarm Modification Required: Any modifications to the existing fire alarm system
requires drawings and a permit application be submitted to SCCFD for approval before any install or alteration occurs. 22. Tenant improvement will be evaluated during building permit plan submittal.
Resol 4686 ~ 490 Division Street
Final Audit Report 2023-09-22
Created:2023-09-13
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAXQdEPkZtdkeWtdrSFYzp_N1fLGm82tO7
"Resol 4686 ~ 490 Division Street" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-09-13 - 5:46:53 PM GMT
Document emailed to abuchbinder@google.com for signature
2023-09-13 - 5:47:26 PM GMT
Email viewed by abuchbinder@google.com
2023-09-21 - 7:28:56 PM GMT
New document URL requested by abuchbinder@google.com
2023-09-21 - 7:29:03 PM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-09-21 - 7:32:45 PM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-09-21 - 7:32:47 PM GMT - Time Source: server
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-09-21 - 7:32:49 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-09-22 - 5:00:31 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-09-22 - 5:00:39 PM GMT - Time Source: server
Agreement completed.
2023-09-22 - 5:00:39 PM GMT