PC Res 3516RESOLUTION NO. 3516
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-81) TO ALLOW THE ESTABLISHMENT OF A 1,950
SQUARE FOOT FITNESS FACILITY (CURVES) IN AN EXISTING
BUILDING ON PROPERTY OWNED BY BLATTEIS REALTY CO.,
INC., LLC, LOCATED AT 797 W. HAMILTON AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO.
PLN2003-81.
After notification and public heating, as specified by law, and after presentation
Community Development Director, proponents and opponents, the heating was closed.
by the
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-81:
1. The proposed project consists of the establishment of a 1,950 square foot fitness facility
within an existing 9,100 square foot commercial building.
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of General Commercial for this area.
3. The proposed fitness facility is consistent with the commercial land use designation of the P-
D (Planned Development) zoning designation for the site with approval of a Use Permit.
4. The proposed use is located within an established commercial center and is compatible with
the surrounding development and uses.
5. The existing parking will adequately meet the demands generated by the change in use, and
will not be detrimental to the overall parking and circulation in the area.
6. The proposed operational hours of 6:00 a.m. to 11:00 p.m. are typical of commercial uses in
the vicinity.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
Planning Commission Resolution No. 3516
PLN2003-81 -- 797 W. Hamilton Avenue -- Use Permit -Fitness Facility (Curves)
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No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2003-81) to allow the establishment of a 1,950 square foot fitness facility
(Curves) in an existing building on property owned by Blatteis Realty Co., Inc., LLC, located at
797 W. Hamilton Avenue, subject to the following conditions:
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:
Approved Prqiect: Approval is granted for a Conditional Use Permit (PLN 2003-81)
allowing the establishment of a fitness facility in approximately 1,950 square feet of an
existing 9,100 square foot commercial building located at 797 W. Hamilton Avenue. The
site design shall substantially comply with project plans received by the Community
Development Department dated June 16, 2003, except as may be modified by the Conditions
of Approval herein.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period a building
Planning Commission Resolution No. 3516
PLN2003-81 -- 797 W. Hamilton Avenue -- Use Permit - Fitness Facility (Curves)
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permit must be obtained and construction completed one year thereafter or the use must be
established on the property (if no building permit is required). Failure to meet these
deadlines will result in the Conditional Use Permit being void.
Operational Hours: The operational hours shall be limited to 6:00 a.m. to 11:00 p.m. daily.
The applicant currently describes the operational hours as 9 a.m. to 1 p.m. and 4 p.m. to 7
p.m. Monday through Friday.
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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.
5. Signage: No signage is approved as part of the development applications approved herein.
No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance.
Building Division:
6. Permits Required: A building permit application shall be required for the proposed structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
8. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
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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.
10.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
11.
Water Pollution: 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.
12.
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.
Planning Commission Resolution No. 3516
PLN2003-81 -- 797 W. Hamilton Avenue -- Use Permit - Fitness Facility (Curves)
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13.
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.
14.
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.
15.
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.
16.
Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. Santa Clara County Fire Department (378-4010)
b. West Valley Sanitation District
PASSED AND ADOPTED this 8th day of ,July 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Francois, Gibbons, Hemandez, Jones and Rocha
Commissioners: None
Commissioners: Doorley -) ....... 7 /.7
Commissioners: None .// / ,/
APPROVED :(;o se.-~'h (i_i~j.//~~
aron ierro, Secretary