PC Res 4017RESOLUTION NO. 4017
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2011-41) TO ALLOW A NEW HEALTH AND FITNESS USE AND
LATE NIGHT ACTIVITIES (OPERATING AT 5 A.M.) WITHIN AN
EXISTING 4,347 SQUARE FOOT TENANT SPACE WITHIN AN
EXISTING 33,756 SQUARE FOOT COMMERCIAL/INDUSTRIAL
BUILDING ON PROPERTY LOCATED AT 1610 DELL AVENUE, UNIT A,
IN A C-M (CONTROLLED MANUFACTURING) ZONING DISTRICT.
APPLICATION OF PHYSICAL CULTURE STRENGTH AND
CONDITIONING. FILE NO.: PLN2011-41.
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 PLN2011-41:
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 where the use is fitness center that provides strength and conditioning
sessions consistent with the definition of a "Health/fitness center."
5. The submitted operational descriptions describes the various fitness sessions provided
by the fitness center.
6. The project site is located on the east side of Dell Avenue, between Division Street and
Vandell Way.
7. The project site consists of a 94,307 square foot parcel, currently developed with a
multiple tenant commercial building.
Planning Commission Resolution No. 4017
PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours
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8. The project site maintains 118 parking spaces shared among the tenant and is currently
parked at a ratio of one parking space per 286 square foot of building area. The tenant
space is 4,347 square feet which would have a parking supply of 15 spaces if the parking
analysis was based on the overall parking ratio. As the fitness center would require the
use of 15 parking spaces (one per participant and/or trainer) to satisfy its parking
requirement, there is adequate parking on site.
9. The hours of operation shall be restricted to 5:00 a.m. to 8:00 p.m. Monday through
Friday and 7:00 a.m. to 5:00 p.m. on Saturdays and Sundays, exclusive of the customary
and reasonable use of the facility for administrative activity, with the approval of late night
operations.
10. The project is not within 300 feet of another fitness use or public assembly use.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city.
7. 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.
Planning Commission Resolution No. 4017
PLN2011-41 - 1610 Dell Avenue, Unit A -Use Permit -Health & Fitness with Late Hours
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THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use
Permit (PLN2011-41) to allow a new health and fitness use and late night activities (operating
at 5 a.m.) within an existing 4,347 square foot tenant space within an existing 33,756 square
foot commercial/industrial building on property located at 1610 Dell Avenue, Unit A, in a C-
M (Controlled Manufacturing) Zoning District.
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:
Planning Division:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-41) to
allow the establishment of a fitness center with late night activity within an existing
commercial building located at 1610 Dell Avenue, Suite #A. The project shall
substantially conform to the Operational Description and Project Plans stamped as
received by the Community Development Department on January 25, 2011 and February
22, 2011 respectively, except as may be modified by the Conditions of Approval specified
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 (April 2, 2016) 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.
3. Participants: Fitness sessions shall not exceed a total of 15 participants and trainers per
session.
4. Participant Scheduling: There shall be a minimum of 15 minutes between the end time of
one group session to the start time of the next participant group in order for the previous
participants to leave the site and for the next group to arrive.
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.
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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.: 5:00 AM - 8:00 PM
^ Sat. -Sun.: 7:00 AM - 5:00 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.
8. 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.
9. 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.
10. 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.
Building Division:
11. Permits Required: A building permit is required for the proposed tenant improvements to
the existing commercial space. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
13. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
14. 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.
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15. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
16. 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.
17. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C. Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
Public Works Department:
23. Grading and Drainage Plan: Prior to issuance of any building or grading permits for the
site, the applicant shall prepare and submit an engineered grading and drainage plan in
and pay fees required to obtain the necessary grading permits. Prior to occupancy, the
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design engineer shall provide written certification that the development has been built per
the engineered grading and drainage plans.
24. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements,
and the Campbell Municipal Code regarding stormwater pollution prevention. The
primary objectives are to improve the quality and reduce the quantity of stormwater runoff
to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the
Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using
Site Design Techniques to Meet Development Standards for Stormwater Quality: A
Companion Document to Start at the Source ("Using Site Design Techniques") by
BAS MAA, 2003.
COUNTY FIRE DEPARTMENT
25. Fire Sprinklers: Any interior remodel may require modification of the fire sprinkler system.
A State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application and appropriate fees to this department for
review and approval prior to beginning their work.
26. Premises Identification: Approved building numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
PASSED AND ADOPTED this 22"d day of March, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Gibbons
ABSTAIN: Commissioners: None
APPROVED:
ATTEST:
K k Heinric s, Secretary
. -, ~' ,
Bob Roseberry, air