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PC Res 2993RESOLUTION NO. 2993 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A YOGA/FITNESS FACILITY TO BE LOCATED AT 397 E. CAMPBELL AVENUE IN A C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MS. LINDA BONNEY. FILE NO. UP 95-13. After notification and Public Hearing as specified by law to approve a Conditional Use Permit, and after presentation by the Community Development Director, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. UP 95-13: The proposal to establish a health and fitness facility is consistent with the General Plan and the Zoning District which permit Commercial Land Uses. The utilization of shared parking facilities is sufficient to support the parking required for the proposed facility. The proposed fitness facility use is compatible and complimentary to the existing uses in the Downtown and will enhance the tenant mix of the Downtown. Based upon the foregoing findings of fact, the Planning Commission concludes that: The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. o The proposed site is adequate in size and shape to accommodate the said use with uses in the surrounding area. o The proposed site is adequately served by streets of sufficient capadty to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Planning Commission Resolution No. 2993 UP 95-13 -- Yoga/Fitness Fadlity -- 397 E. Campbell Avenue Page 2 Further, the applicant is notified as part of this application that the applicant is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition. 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. APPROVED USE 1. Approval is granted for a 1,280 square foot yoga fitness facility located at 397 E. Campbell Avenue. The proposed business shall substantially comply with the applicant's description per attachment #3 of the Planning Commission Report and briefly summarized below: · Facility is open to members to practice yoga on the premises · Trained staff on the premises during operating hours · Yoga fitness program is for stress reduction, exercise, general health · Average of 10-15 members on premises at one time · Peak hours of operation are early morning and after 5:00 p.m. · Other types of fitness practices or supplemental health related uses, such as massage, are not permitted with the facility · Operational Hours: Daily 6:00 AM to 9:00 PM · Shared use of parking facilities in adjacent parking lot to the north Prohibited Use: Approved Use Permit application (UP 95-13) is for a yoga fitness facility exclusively and does not permit massage services, instructional classes or application of any kind by staff, outside practitioners or on or between members on the premises at any time. Si_ma Application: Applicant to secure any necessary sign permits as required by Section 21.52.100 of the Campbell Municipal Code. Building Permits: Tenant improvements are subject to the issuance of building permits and final clearance before occupancy. Planning Commission Resolution No. 2993 UP 95-13 -- Yoga/Fitness Facility -- 397 E. Campbell Avenue Page 3 o Revocation of Use Permit: Failure to comply with the conditions of approval specified herein may result in initiation of revocation of the Use Permit by the City in accordance with Section 21.72.110. Use Permit Expiration: The approved use under the Use Permit must be established on the site within one year from the Planning Commission approval or this approval shall become void. PASSED AND ADOPTED this 22nd day of August, 1995, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alne, Higgins, Kearns, Lindstrom, Lowe, Perrine None None Meyer-Kennedy ~' ) Mel Lin~on~, Acting Chair // -, S'~ve Piasecki, Secretary