PC Res 4047RESOLUTION N0.4047
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING A MODIFICATION (PLN2012-10) TO A
PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2009-134)
TO ALLOW AFIVE-YEAR EXTENSION OF APPROVAL FOR A LARGE
FITNESS STUDIO (SEDUSA STUDIOS) ON PROPERTY LOCATED AT
1300 DELL AVENUE. FILE NO.: PLN2012-10
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 PLN2012-10:
1. The project was previously approved by the Planning Commission through Conditional
Use Permit PLN2009-134.
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 studio 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 studio.
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 hours of operation shall be restricted to 9:00 AM to 12:00 PM, M-F, 5:00 PM to 10:00
PM, M-F, and 10:00 AM-10:00 PM, Sat/Sun, exclusive of the customary and reasonable use
of the facility for administrative activity.
9. 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:
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.
Planning Commission Resolution No. 4047
PLN2012-10 - 1300 Dell Avenue -Modification to Use Permit (5 year extension of use)
Page 2
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 project is Categorically Exempt per 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification
(PLN2012-10) to a previously-approved Conditional Use Permit to allow afive-year
extension of approval for a large fitness studio (Sedusa Studios) on property 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:
Planning Division:
1. Approved Project: Approval is granted for a Modification (PLN2012-10) to a previously-
approved Conditional Use Permit (PLN2009-134) to allow afive-year extension of
approval for a large fitness studio (Sedusa Studios). The project shall substantially
conform to the Project Description and Project Plans stamped as received by the
Community Development Department on January 10, 2012, except as may be modified
by the Conditions of Approval specified herein.
Planning Commission Resolution No. 4047
PLN2012-10 - 1300 Dell Avenue -Modification to Use Permit (5 year extension of use)
Page 3
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2012-10), the previously approved Conditions of Approval
(PLN2009-134) shall be void and shall permanently be superseded in their entirety by
the Conditions of Approval specified herein.
Limited Term Permit: The Modified Conditional Use Permit approved herein shall be
valid for a period of five (5) years from the effective date of the Resolution (until March 9,
2017) adopted by the Planning Commission. The Modified Conditional Use Permit shall
be void and the use abandoned at such time unless an application to extend the
approval period is granted by the appropriate decision-making body.
4. 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. Operational Parameters: Consistent with the submitted Project Description, any
business operating pursuant to this Modified Conditional Use Permit shall be required to
conform to the following operational parameters. Significant deviations from these
parameters (as determined by the Community Development Director) shall require
approval of a Modification to the Modified Conditional Use Permit approved herein.
a. Approved Use: The approved use is a large fitness studio, specializing in dance-
based exercise.
b. Participants: Fitness sessions shall not exceed 20 participants per session.
c. Hours of Operation: 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
5:00 PM - 10:00 PM
• Sat. - Sun.:9:00 AM - 10:00 PM
d. Instruction Area: Consistent with the approved project plans, the fitness studio is
limited to a single open instructional space.
e. 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.
Noise: 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. 4047
PLN2012-10 - 1300 Dell Avenue -Modification to Use Permit (5 year extension of use)
Page 4
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.
PASSED AND ADOPTED this 28th day of February, 2012, by the following roll call vote:
AYES: Commissioners: Ebner, Gibbons, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alster and Brennan
ABSTAIN: Commissioners: None
APPROVED
ATTEST:
Kir einric s, Secretary
1.. '
Philip C. Reynol s Jr., cting Chair