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PC Res 3910 RESOLUTION NO. 3910 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN2008-133) FOR A PERSONAL TRAINING FACILITY (HEALTH/FITNESS FACILITY) WITH LATE-NIGHT OPERATIONAL HOURS ON PROPERTY OWNED BY INDUSTRIAL PROPERTY CO., LLC, LOCATED AT 186 E. SUNNYOAKS AVENUE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. COURTNEY MAXWELL, ON BEHALF OF MAX WE.LLNESS, LLC. FILE NO.: PLN2008-133. 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 did find as follows with respect to application PLN2008-133. 1. The project site is designated Light Industrial in the Campbell General Plan. 2. The General Plan (Strategy LUT-5.5a.) encourages the establishment of convenient retail and commercial services in the industrial areas to support area businesses, employees, and customers. 3. The project site located in the M-1 (Light Industrial) Zoning District. 4. The Zoning code requires a Conditional Use Permit for the establishment of a health/fitness center in the M-1 (Light Industrial) Zoning District, subject to special provisions applying to health/fitness centers specified in Campbell Municipal Code Chapter 21.36.095. 5. The proposed use would occupy a 2,990 square-foot tenant space area located in a non-conforming multi-tenant commercial building. 6. The proposed use would principally include personal training and fitness consultation services as described in the submitted Operational Description, as well as incidental group training sessions (of no more than six people twice a day), and ancillary retail sales of fitness related merchandise. 7. As conditioned, the proposed use would not employee, utilize, contract, or otherwise procedure the services of more than six personal trainers, not including the owner. 8. The project site is located on the south side of Sunnyoaks Avenue, between Dell Avenue and San Tomas Expressway. The site is surrounded industrial uses in all directions. 9. No exterior modifications to the building are proposed in conjunction with the proposed hardware store. Planning Commission Resolution No. 3910 PLN2008-133 -186 E. Sunnyoaks Avenue - Use Permit - MAX Wellnes, LLC Page 2 10. The business hours, during shall be restricted from 5:00 AM to 9:00 PM Monday through Sunday. Hours of operation shall be restricted to 4:00 AM to 10:00 PM Monday through Sunday. 11. The project site consists of two parcels (not including right-of-way parcel(s)) defined by description in the Preliminary Title Report prepared by First American Title Insurance Company for Colliers Parrish International, Inc. on August 21, 2008, on file in the Planning Division office of the City of Campbell Community Development Department, which shall be merged into one parcel pursuant to a Condition of Approval. 12. The project site is indicated on the Santa Clara County 2008-2009 Assessor's Parcel Map as Assessor's Parcel Numbers: 424-01-077, 078, 097, 098, 099, 100, 117, and 188. 13. 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 use is a health/fitness center subject to all applicable provisions of the Zoning Code. 2. The proposed personal training and fitness consultation facility (health/fitness center) is consistent with the Light Industrial General Plan land use designation pursuant to Strategy LUT -5.5a. 3. The proposed personal training and health consultation facility (health/fitness use) will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 4. The proposed project is consistent with other developments and uses in the surrounding area. 5. 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. 6. 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. 7. 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 Planning Commission Resolution No. 3910 PLN2008-133 - 186 E. Sunnyoaks Avenue - Use Permit - MAX Wellnes, LLC Page 3 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 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. 9. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN2008-133) for a personal training facility (health/fitness facility) with late night operational hours on property owned by Industrial Property Co., LLC, located at 186 E. Sunnyoaks Avenue in an M-1-S (Light Industrial) Zoning District. 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of the effective date of Planning Commission approval, the applicant and the property owner shall sign a sinale set of the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2008-133) for a personal training and consultation facility (health/fitness center) located at 186 E. Sunnyoaks Avenue. The project shall substantially conform to the project plans and operational description stamped as received by the Planning Division on September 4, 2008, except as may be modified by the conditions of approval contained herein. 3. 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, the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. Planning Commission Resolution No. 3910 PLN2008-133 -186 E. Sunnyoaks Avenue - Use Permit - MAX Wellnes, LLC Page 4 4. Limited Term Permit: The Conditional Use Permit approved herein shall initially be valid for a period of six (6) months with an automatic extension for a total of five (5) years from the effective date of the resolution adopted by the Planning Commission if all conditions of approval are met to the satisfaction of the Community Development Director. Five years following this approval, this Conditional Use Permit shall become void and the use abandoned unless an Extension is applied for and granted by the Planning Commission. The applicant is advised to apply for an Extension of Approval at least 90 days prior to the expiration date of this Conditional Use Permit. 5. Transferabilitv: Prior to sign off of a business license pursuant to this Conditional Use Permit to a different owner(s) of the subject business (MAX Wellness, Inc.) or to a different like business on the subject property, said new owner(s) shall be required to a sign the approved set of Conditions of Approval contained herein. 6. 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. 7. Continuance of Conditions: Unless otherwise specified, an Extension of Approval to the Conditional Use Permit approved herein shall not void or supersede the approved set of Conditions of Approval. 8. Business and Operational Hours: Business hours shall be restricted from 5:00 AM to 9:00 PM Monday through Sunday. Hours of operation shall be restricted to 4:00 AM to 10:00 PM Monday through Sunday. 9. Maximum Number of Trainers: The approved business herein shall not employee, utilize, contract, or otherwise procedure the services of more than six personal trainers, not including the owner. If trainers are employed as independent contractors, they shall obtain separate business licenses in accordance with Title 5 of the Campbell Municipal Code. 10. Client Limitations: Personal trainers shall not simultaneously service more than two clients, with the exception of group training sessions as allowed and described herein. A group training session shall include no more than six participants. Only two group training session may be held per day, not to be held simultaneously, and irrespective of the number of participants in the session. Group training sessions shall make exclusive use of the establishment, during which time no other training or counseling activities may occur. 11. Lot MerCIer: The property owner of the subject properties shall seek to cause a lot-line adjustment for the purpose of merging the two parcels composing the project site as defined by description in the Preliminary Title Report prepared by First American Title Insurance Company for Colliers Parrish International, Inc. on August 21,2008, on file in Planning Commission Resolution No. 3910 PLN2008-133 - 186 E. Sunnyoaks Avenue - Use Permit - MAX Wellnes, LLC Page 5 the Planning Division office of the City of Campbell Community Development Department, within 90 davs of Planning Commission approval of the Conditional Use Permit approved herein. Failure to seek a lot-line adjustment within this period shall be considered a violation of the Conditional Use Permit, which shall be subject to revocation by the Community Development Director. Within 90 days of submission of an application for a lot-line adjustment to the City of Campbell Public Works Department, the property owner shall secure approval of said lot-line adjustment. Failure to secure approval of the lot-line adjustment within this period shall be considered violation of the Conditional Use Permit, which shall be subject to revocation by the Community Development Director, unless the City Engineer indicates that the delay of approval is of no fault of the property owner. The approved lot-line adjustment shall be finalized by execution of a grant deed within 90 days of Public Works Department approval. Failure to execute a grant deed within this period shall be considered a violation of the Conditional Use Permit, which shall be subject to revocation by the Community Development Director. Written documentation of the execution a grant deed, to the satisfaction of the Community Development Director, shall be provided. 12. Propertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placeo on the property. 13. Sianaae: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 14. Loiterina: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 15. Location of Mechanical Eauipment: No roof-mounted mechanical equipment (Le. 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 compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 16. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. Planning Commission Resolution No. 3910 PLN2008-133 - 186 E. Sunnyoaks Avenue - Use Permit - MAX Wellnes, LLC Page 6 b. Noise Manaaement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Rear Door: The front and rear doors to the business shall not remain in an open position during business hours. 17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 18. ParkinQ and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 505 parking spaces will be provided. Building Division 19. Permits Required: A building permit application shall be required for the proposed new tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. It is unclear where the true property lines are in relation to this proposed project. Applicant shall c1arifv the true property lines of the space in Question. 24. Title 24 Enerav 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. 25. 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, Planning Commission Resolution No. 3910 PLN2008-133 - 186 E. Sunnyoaks Avenue - Use Permit - MAX Wellnes, LLC Page 7 in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Non-Point Source: 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. 27. 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. 28. 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. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department 30. PG&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. & E. concerning utility easements, distribution pole locations and required conductor clearances. PASSED AND ADOPTED this 14th day of October, by the following roll callyote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Ebner, Gairaud, Rocha and Roseberry None Gibbons None APPROVED: Bob Roseberry, C