PC Res 3972RESOLUTION NO. 3972
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING ATWO-YEAR LIMITED
TERM CONDITIONAL USE PERMIT (PLN2009-134) TO ALLOW A
FITNESS CENTER (SEDUSA STUDIOS) ON PROPERTY OWNED
BY ROLAND BUEHLER TRUSTEE LOCATED AT 1300 DELL
AVENUE. APPLICATION OF MS. CAROL WHITSETT, ON BEHALF
OF SEDUSA STUDIOS, LLC. FILE NO. PLN2009-134.
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 PLN2009-134.
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15060(c)(2) of
the California Environment Quality Act (CEQA), pertaining to activities that will not
result in a direct or reasonably foreseeable indirect physical change to the
environment.
Evidentiary Findings
2. The project site is designated Research and Development on the General Plan Land
Use Element Map.
3. The project site is designated C-M (Controlled Manufacturing) on the Zoning Map.
4. A fitness center may be approved in C-M (Controlled Manufacturing) Zoning District
with a Conditional Use Permit, subject to the provisions of Section 21.36.095 of the
Campbell Municipal Code.
5. The submitted operational descriptions describes the various fitness sessions
provided by the fitness center.
6. The project site is located on the west side of Dell Avenue, at the intersection of
Hacienda Avenue.
7. The project site consists of a 24,394 sq. ft. parcel, currently developed with athree-
tenant commercial building.
8. The project site maintains 20 parking spaces shared among the tenant. The fitness
center requires use of 15 parking spaces to satisfy its parking requirement. The
Planning Commission may allow an adjustment to the required number of parking
spaces when it finds that two or more uses have distinct and differing peak usage
periods.
Planning Commission Resolution No. 3972
PLN2009-134 - 1300 Dell Avenue -Use Permit - Sedusa Studios
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9. The hours of operation shall be restricted to 9AM to 12PM, M-F, 6PM to 10PM, M-F, and
10AM-8:30PM, Sat/Sun, exclusive of the customary and reasonable use of the facility
for administrative activity.
10. The project is not within 300 feet of a fitness center, although it is within 300 feet of a
public assembly use, requiring the Planning Commission to grant an exception to
allow an overconcentration of fitness and public assembly uses.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
11. 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 in that the use is fitness center that provides
aerobic fitness sessions consistent with the definition of a "Health/fitness center."
Accordingly this use is a conditionally permitted use within the C-M (Controlled
Manufacturing) Zoning District;
12. The proposed use is consistent with the General Plan in that the fitness center
provides a unique service to the community, near places of work, in compliance with
the General Plan Land Use Element:
Strategy LUT-5.5a: Services in Industrial Areas: Encourage convenient retail and
commercial services (restaurants and hotels) in industrial areas to support
businesses, their customers and their employees.
13. 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 in that the use is wholly located within an existing commercial
building suitable for the use.
14. 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 in that that the
patrons of the use arrive at the site largely outside of the hours of operation of other
on-site uses;
15. 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 in that the use maintains the commercial integrity of the site by not
introducing activities or sensitive receptors that would limit future uses;
16. 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. 3972
PLN2009-134 - 1300 Dell Avenue -Use Permit -Sedusa Studios
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use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city in that the fitness center, as proposed and
conditioned, is harmonious with other existing uses in the subject building; and
17. The proposed concentration of fitness center and public assembly uses will not be
detrimental to the health, safety, peace, morals, comfort, or general welfare of
persons residing or working in the neighborhood of the proposed use in that the
proximity of the fitness center to a public assembly does not undermine the integrity
of the C-M (Controlled Manufacturing) Zoning District.
THEREFORE, BE IT RESOLVED that the Planning Commission approves atwo-year
limited term Conditional Use Permit (PLN2009-134) to allow a fitness center (Sedusa
Studios) on property owned by Roland Buehler Trustee located at 1300 Dell Avenue.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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 Planning
Commission approval, the business owner shall sign the final, approved set of
Conditions of Approval. Until said Conditions are signed, the approved Conditional
Use Permit shall not be valid for any permits sought from the City.
Acknowledged & Accepted:
Carol Whitsett
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-134)
to allow continued operation of a fitness center in an existing commercial building
located at 1300 Dell Avenue. The project shall substantially conform to the revised
Project Plans and Operational Description stamped as received by the Community
Development Department on January 21, 2010, except as may be modified by the
conditions of approval specified herein.
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PLN2009-134 - 1300 Dell Avenue -Use Permit - Sedusa Studios
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3. Limited Term Permit: The Conditional Use Permit approved herein shall be valid for a
period of two (2) years from the effective date of the resolution (March 5, 2012)
adopted by the Planning Commission. The Conditional Use Permit shall be void and
the use abandoned at such time unless an Extension of Approval is granted by the
appropriate decision-making body.
4. Participants: Fitness sessions shall not exceed 20 participants per session.
5. 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.
6. Operational Hours: The hours of operation shall be restricted as follows, exclusive of
the customary and reasonable use of the facility for administrative activity.
^ Mon. -Fri.: 9:00 AM - 12:00 PM
6:00 PM - 10:00 PM
^ Sat. -Sun.: 9:00 AM - 10:00 PM
7. 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. All exterior light fixtures shall be operational.
8. Security Camera System: A security camera system shall be installed and remain
operational.
9. signage: 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.
10. 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.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation, subject to the project being brought back to the Planning Commission
for review.
11. 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.
Planning Commission Resolution No. 3972
PLN2009-134 - 1300 Dell Avenue -Use Permit - Sedusa Studios
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Building Division:
12. Permits Required: A building permit is required for the tenant improvements to the
commercial space. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
13. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
14. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
15. 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.
16. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Va11ey Sanitation District
b. Santa Clara County Fire Department
17. 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 23~d day of February, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APP
G
ATTEST:
Kirk Hein ' hs, S cretary
Gibbons, Chair
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