ACTION: Approve Use Permit with recommended Conditions in Attachment 4.
USE PERMIT to allow a new fitness studio in a shopping center.
Location: 1366 S Mary Ave (APN: 323-01-018)
File #: 2022-7695
Zoning: C-1 (Neighborhood Business)
Applicant / Owner: EJ Fitness LLC (applicant) / DeAnza Square
Shopping Center LP (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
Project Planner: Kelly Cha, 408-730-7408, firstname.lastname@example.org
Ms. King inquired with Kelly Cha, Project Planner, if there were any additions to the
Ms. Cha had no updates to the staff report and received no public comments.
Ms. King inquired with the applicant if there were any additions or comments.
Edwin Rivera, had no comments or updates.
Ms. King opened the hearing to public comments.
Andy Gonzales stated the studio is a benefit to his family. Mr. Gonzales hoped the
project will continue.
Steve Aubrey questioned why the permit process was not started before business
was conducted. Mr. Aubrey expressed concern over the classes spilling out into the
parking lot and over noise from music when doors are open.
Ms. Cha noted business should not have began before approval. Ms. Cha stated
that there is a Condition of Approval AT-4 which prohibits loud speakers outside of
the building. She noted that a condition can be added to ensure all business will be
conducted indoors and with doors closed to prevent noise disrupting the
Ms. King agreed that a condition to prevent noise from leaving the premises can be
enforced. She also noted while activity outside the building in parking lots were
common during COVID-19 protocols, it is currently not allowed.
Devin Rivera, applicant, states that business has not started on the premises yet.
Ms. Rivera stated that the business is in the process of moving in and could be
mistaken as the conducting business. She stated that she is willing to abide by all