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Use Permit - Denied - 2005March 29, 2006 Mr. Bill Zelina South Bay Elite, Inc. 1077 Dell Avenue Campbell, CA 95008 Re: PLN2005-139 -1077 Dell Avenue-- Denial of Use Permit - South Bay Elite, Inc. Dear Applicant: Please be advised that at its meeting of March 28, 2006, the Planning Commission Adopted Resolution No. 3712 denying a Conditional Use Permit (PLN2005-139) to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, April 7, 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Planner II cc: Kovac Family Trust (Property Owner) c/o Western Property Lease/Bill Ford 1050 Saratoga Avenue San Jose, CA 95124 Frank Mills, Building Chris Veargason, Fire Ed Arango, Public Works 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 RESOLUTION NO. 3712 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A CONDITIONAL USE PERMIT (PLN2005-139) TO ALLOW THE ESTABLISHMENT OF A HEALTH/FITNESS CENTER FOR A CHEERLEADING GYM IN AN EXISTING INDUSTRIAL BUILDING ON PROPERTY OWNED BY THE KOVAC FAMILY TRUST LOCATED AT 1077 DELL AVENUE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. BILL ZELINA, ON BEHALF OF SOUTH BAY ELITE, INC. FILE NO: PLN2005-139. 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 PLN2005-139: 1. The proposed project consists of the establishment of a health/fitness center for a cheerleading gym and personal training facility in an existing industrial building. 2. The project site is developed with two, multi-tenant industrial buildings. The front building is currently occupied by South Bay Elite, Extreme Fitness and a window company and the rear building is occupied by an auto repair and detailing company and one vacant tenant space. The buildings on the property were originally constructed as warehouses with ancillary office uses. 3. The project site is located on the west side of Dell Avenue between East Hacienda Avenue and East Sunnyoaks Avenue. The site is surrounded by industrial uses to the north, south and east and the railroad tracks to the west. 4. The adjacent auto repair and detailing company, Car Care, utilizes chemicals and substances for the repair and painting of vehicles that are not compatible directly adjacent to a facility devoted to the instruction of children. 5. Uses that utilize hazardous materials are best suited in the industrial zone but is not well suited within close proximity to residential uses or uses involving sensitive receptors such as children or the elderly. 6. The proposed use requires 65 spaces which represents 67 percent of the existing parking spaces and would occupy 10,800 square feet which represents 28 percent of the total building area on the property. 7. The required number of spaces for the proposed use represents a disproportionate share of the parking spaces allocated to accommodate all the uses on the property. Planning Commission Resolution No. 3712 PLN2005-139 - 1077 Dell Avenue - Denial of Use Permit - South Bay Elite, Inc. Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed site is not adequate in terms of size and shape to accommodate the parking and loading facilities required in order to integrate the use with uses on the subject property and in the surrounding area. 2. The proposed project would not aid in the harmonious development of the immediate area. 3. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on-site and in the vicinity of the subject property. 4. The establishment, maintenance, or operation of the proposed use at the location proposed will 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. PASSED AND ADOPTED this 28th day of March, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Gibbons and Roseberry None Francois and Rocha None n, APPROVED:\'\~~ Bob Alderete, Chair ATTEST:~CbV"n, ~ Sharon Fierro, Secretary PLN2005-139 Zelina, B. Public Hearing to consider the application of Mr. Bill Zelina, on behalf of South Bay Elite, Inc., for a Conditional Use Permit (PLN2005-139) to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building on property owned by the Kovac Family Trust located at 1077 Dell Avenue in the M-l (Light Industrial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: I. Adopt a Resolution, incorporating the attached findings, denying a Conditional Use Permit (PLN2005-139) to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building. PROJECT DATA Net Lot Area: 86,684 sq. ft. Site Utilization: Building Coverage: Paving Coverage: Landscape Coverage: 38,600 sq. ft. 44,210 sq. ft. 3,874 sq. ft. Tenant Space: 7,640 sq. ft. - fitness use 3.160 sq. ft. - office use 10,800 sq. ft. total Parking: Tenant Space A: 65 spaces (51 spaces - fitness use - 7,640 sq. ft. @ 1:150 & 14 spaces - office use - 3,160 sq. ft. @ 1:225) Tenant Space B: 31 spaces (industrial use - 12,231 sq. ft @ 1:400) Tenant Space C: II spaces (auto repair & servicing - 2,875 sq. ft. @ 1:350 + 2 per service bay) Tenant Space D: 8 spaces (vacant industrial use - 2,875 sq. ft. @ 1:400) Tenant Space E: 30 spaces (auto repair & servicing - 8,250 sq. ft. @ 1:350 + 2 per service bay) - Staff Report - Planning C<.hl1mission Meeting of March 28,2006 PLN2005-139 -1077 Dell Avenue Page 2 of5 Total Required Spaces: Total Spaces Provided: 145 spaces 97 spaces Hours of Operation: Office Hours (Monday - Friday): 10:00 a.m. - 5 :00 p.m. Practice & Training Hours: Monday - Friday: Saturday: 3:00 p.m. - 9:30 p.m. 10:00 a.m. - 4:30 p.m. DISCUSSION Applicant's Proposal The applicant is requesting approval of a Conditional Use Permit to allow the establishment of an indoor health/fitness center for a cheerleading gym and personal training facility in an existing industrial building. The proposed tenants, South Bay Elite, Inc. and Extreme Fitness, would occupy 10,800 square feet of an existing building. Proiect Location The project site is located on the west side of Dell Avenue between East Hacienda Avenue and East Sunnyoaks A venue. The site is surrounded by industrial uses to the north, south and east and the railroad tracks to the west. The project site takes access from one driveway off of Dell Avenue. Background The project site is developed with two, multi-tenant industrial buildings. The front building is currently occupied by South Bay Elite, Extreme Fitness and a window company and the rear building is occupied by an auto repair and detailing company and one vacant tenant space. The buildings on the property were originally constructed as warehouses with ancillary office uses. The following is a chronology of the events for this use: . In February 2003 the applicant submitted a preliminary application prior to establishing the use on the property. The preliminary application response explained the requirement to obtain a Conditional Use Permit for the establishment of the use and a Building Permit for the tenant improvements to ensure that the new use meets the Uniform Building Code requirements for a change in occupancy from a warehouse use to an assembly use, such as building exiting requirements. The preliminary application response also requested that the applicant conduct a parking analysis for the proposed use because fitness and training facilities have a high parking demand and to assess the pick-up and drop-off function of the use on the site. . On September 12,2005 the City's Code Enforcement Officer issued a Notice of Violation to Bill Zelina for the establishment of the use without approval of Conditional Use Permit, Building Permit or Business License after a complaint was received and verified by the City. -- Staff Report - Planning COtumission Meeting of March 28,2006 PLN2005-139 -1077 Dell Avenue Page 3 of5 . On September 29, 2005 a Conditional Use Permit application for the proposed use was received by the Planning Division. . On October 24, 2005 the Campbell Police Department received a complaint from a patron of another business on the property that children from South Bay Elite were running in the parking lot and that they were concerned for the safety ofthe children. . On November 17, 2005 the City's Code Enforcement Officer issued a Notice of Violation to the property owner for illegal outdoor storage throughout the property in the parking and driveway areas. ANALYSIS General Plan Designation The General Plan land use designation for the project site is Light Industrial. The proposed health/fitness center for a cheerleading gym is compatible with the General Plan land use designation of the site. Zoning Designation The zoning designation for the project site is M-l (Light Industrial). A Conditional Use Permit is required for a health/fitness center within the M-l Zoning District. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Use The proposed use would legalize the establishment of a health/fitness center for a cheerleading gym and personal training facility. The applicant's project description (Attachment #4) describes South Bay Elite as a cheerleading club which trains children and young adults for competitive cheerleading. The club has approximately 100 members which practice Monday through Saturday in the late afternoon and evening in classes of 30 participants at a time. The proposed use also includes a personal training facility that specializes in personal trainers working with young athletes. The personal training facility would have between one to four children at a time working with one to two trainers in the evenings and weekends. The adjacent auto repair and detailing company, Car Care, utilizes chemicals and substances for the repair and painting of vehicles that staff finds are not compatible directly adjacent to a facility devoted to the instruction of children. As part of their Building Permit tenant improvements Car Care was required to prepare a Hazardous Materials Management Plan (HMMP) which includes detailed information regarding the safe storage, handling, recycling, and waste reduction of hazardous or other regulated materials, a transportation plan for using City streets to transport hazardous materials, and an emergency response plan in the event of a reportable release or threatened release of a hazardous or other regulated material. The HMMP (Attachment #7) for Car Care lists many chemicals (i.e. methyl isobutyl ketone, xylene and ethylbenzene) found in paint as well other car related chemicals and gases. Staff finds that uses that utilize hazardous materials are best suited in the industrial zone but is not well suited within close proximity to residential uses or uses involving sensitive receptors such as children or the elderly. Staff Report - Planning COlllmission Meeting of March 28,2006 PLN2005-139 - 1077 Dell Avenue Page 4 of 5 Parking The property currently has 97 parking spaces which are shared by all the tenants on the property. Chapter 21.28 (parking and Loading) of the Zoning Code requires that a multi-tenant site provide the aggregate number of parking spaces required for each separate use. The parking requirements for the proposed use, in combination with the existing uses on site, would require a total of 145 spaces, which results in a parking deficiency of 48 spaces. The proposed use requires 65 spaces which represents 67 percent of the existing parking spaces and would occupy 10,800 square feet which represents 28 percent of the total building area on the property. Staff finds that the required number of spaces for the proposed use represents a disproportionate share of the parking spaces allocated to accommodate all the uses on the property. The property was originally developed with industrial warehouse buildings and the parking was laid out to accommodate the warehouse and general industrial use parking requirement of one space per each 400 square feet of gross floor area and some ancillary office area. If the proposed tenant space was used for a warehouse or general industrial use, the parking requirement for this tenant space would be 27 spaces. If the tenant space was used for professional office the parking requirement would be 48 spaces. Both of these uses would allow for the use of the tenant space without requiring a need for a parking adjustment and without requiring a disproportionate share of the existing parking on site. The Planning Commission has the authority to allow an adjustment to the required number of parking spaces when it finds that two or more uses have distinct and differing peak useage periods. The proposed use has office hours from 10:00 a.m. to 5:00 p.m. and practice and training hours from 3:00 p.m. to 9:30 p.m. Monday through Friday and from 10:00 a.m. to 4:30 p.m. on Saturdays. The adjacent window business operates from 8:00 a.m. to 4:30 p.m. Monday through Friday and Car Care operates from 8:00 a.m. to 5:30 p.m. Monday through Friday and from 8:00 a.m. to noon on Saturdays. A site visit of the subject property on March 2, 2005 revealed that approximately 25 percent of the parking spaces on the property were being used for other uses than the temporary parking of vehicles for business employees and visitors, including: trailers; inoperable vehicles; junk; cars in the process of being detailed; canvas car canopies; drying car parts; and trash receptacles; thereby further reducing the parking spaces available to businesses on site (see Attachment #6). Exterior Changes The applicant is not proposing any architectural changes to the exterior of the building or an increase in square footage as part of the project. Site and Architectural Review Committee The Site and Architectural Review Committee did not review this application, as there are no changes proposed to the exterior of the building or site configuration. Staffs Recommendation Staff is recommending denial of the Conditional Use Permit based upon the conclusions of the parking analysis and the proximity of the use to hazardous materials in an industrial zone. Staff Report - Planning COlllmission Meeting of March 28,2006 PLN2005-139 -1077 Dell Avenue Page 5 of5 Alternatives The Planning Commission may choose the following alternatives to staff's recommendation: 1. Approve the proposed project subject to the attached findings for approval (Attachment #2) and conditions of approval (Attachment #3). 2. Continue for further review. Attachments 1. Findings for Denial of the Conditional Use Permit 2. Findings for Approval ofthe Conditional Use Permit 3. Conditions of Approval for the Conditional Use Permit 4. Applicant's Business Description 5. Project Plans (Site Plan & Floor Plan) 6. Photographs 7. Hazardous Materials Management Plan (HMMP) 8. Location Map Prepared by: &~YtCU.U.L lD i \ \~ Stephanie Willsey, Planner II -----c;- Approved by: er Attachment # I FINDINGS FOR DENIAL OF FILE NO. PLN2005-139 SITE ADDRESS: APPLICANT: DATE: 1077 Dell Avenue Bill Zelina, on behalf of South Bay Elite, Inc March 28, 2006 Findings for denial of a Conditional Use Permit to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building on property located at 1077 Dell Avenue. The Planning Commission finds as follows with regard to File No. PLN2005-139: 1. The proposed project consists of the establishment of a health/fitness center for a cheerleading gym and personal training facility in an existing industrial building. 2. The project site is developed with two, multi-tenant industrial buildings. The front building is currently occupied by South Bay Elite, Extreme Fitness and a window company and the rear building is occupied by an auto repair and detailing company and one vacant tenant space. The buildings on the property were originally constructed as warehouses with ancillary office uses. 3. The project site is located on the west side of Dell Avenue between East Hacienda Avenue and East Sunnyoaks Avenue. The site is surrounded by industrial uses to the north, south and east and the railroad tracks to the west. 4. The adjacent auto repair and detailing company, Car Care, utilizes chemicals and substances for the repair and painting of vehicles that are not compatible directly adjacent to a facility devoted to the instruction of children. 5. Uses that utilize hazardous materials are best suited in the industrial zone but is not well suited within close proximity to residential uses or uses involving sensitive receptors such as children or the elderly. 6. The proposed use requires 65 spaces which represents 67 percent of the existing parking spaces and would occupy 10,800 square feet which represents 28 percent of the total building area on the property. 7. The required number of spaces for the proposed use represents a disproportionate share of the parking spaces allocated to accommodate all the uses on the property. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed site is not adequate in terms of size and shape to accommodate the parking and loading facilities required in order to integrate the use with uses on the subject property and in the surrounding area. 2. The proposed project would not aid in the harmonious development of the immediate area. Attachment # I Page 2 of2 3. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on-site and in the vicinity of the subject property. 4. The establishment, maintenance, or operation of the proposed use at the location proposed will 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. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN2005-139 SITE ADDRESS: APPLICANT: DATE: 1077 Dell Avenue Bill Zelina, on behalf of South Bay Elite, Inc March 28, 2006 Findings for approval of a Conditional Use Permit to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building on property located at 1077 Dell Avenue. The Planning Commission finds as follows with regard to File No. PLN2005-139: 1. The proposed establishment of a health/fitness center for a cheerleading gym in an existing industrial building is consistent with the Light Industrial General Plan land use designation. 2. The proposed establishment of a health/fitness center for a cheerleading gym in an existing industrial building will be compatible with the M-l (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The health/fitness center for the cheerleading gym would occupy 10,800 square feet of an existing industrial building, which represents 28 percent of the total building area on the property. 4. The property currently has 97 parking spaces which are shared by all the tenants on the property. 5. The parking requirements for the proposed use, in combination with the existing uses on site, would require a total of 145 spaces, which results in a parking deficiency of 48 spaces. This does not represent a disproportionate allocation of the existing parking on site because the uses on the property have distinct and differing peak useage periods. 6. The proposed project is consistent with other developments and uses on the subject property and in the surrounding area. 7. No architectural changes to the exterior ofthe building or an increase in square footage of the building are included as part of the project. 8. The hours of operation shall be restricted to office hours from 10:00 a.m. to 5:00 p.m. Monday through Friday and practice and training hours from 3:00 p.m. to 9:30 p.m. Monday through Friday and from 10:00 a.m. to 4:30 p.m. on Saturday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Attachment #2 Page 2 of2 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 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 on the property and 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. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts ofthe project. Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN2005-139 SITE ADDRESS: APPLICANT: DATE: 1077 Dell Avenue Bill Zelina, on behalf of South Bay Elite, Inc March 28, 2006 The applicant is hereby notified, as part of this application, that (s)he 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 where necessary. Where approval by the Director of Community Development, 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 items under review. Additionally, the applicant is hereby notified that (s)he 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. Al'proved Proiect: Approval is granted for a Conditional Use Permit (PLN2005-139) allowing the establishment of a 10,800 square foot indoor health/fitness center for a cheerleading gym in an existing industrial building located at 1077 Dell Avenue. The project shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by John Lien Architect and stamped as received by the Planning Division on February 21,2006, including a site plan and floor plan. b. Project Description prepared by Bill Zelina and stamped as received by the Planning Division on February 21,2006. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. 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. In the event complaints are received by the City, the Community Development Director may immediately modify the hours of operation subject to the project being brought back to the Planning Commission for review. 4. Operational Hours: The hours of operation for the indoor health/fitness facility shall be limited as follows: a. Office Hours: Monday through Friday - 10:00 a.m. to 5:00 p.m. -, Attachment #3 Page 2 of3 b. Practice & Training Hours: Monday through Friday - 3:00 p.m. to 9:30 p.m. and Saturdays from 10:00 a.m. to 4:30 p.m. 5. 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. 6. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 7. Existing Illegal Outdoor Storage: The existing illegal outdoor storage of materials and vehicles in the parking lot shall be removed within 30 days of the approval of this Conditional Use Permit. Failure to remove such illegal items from the parking stalls, trash enclosures and driveways shall be grounds for the Community Development Director to modify the operational hours of the business and bring the Conditional Use Permit back to the Planning Commission for revocation as specified in Condition of Approval No.3. 8. Outdoor Business Activities: No business activities for the subject business shall be allowed outside of the building in the parking or driveway areas. All business operations shall be conducted entirely within the building. 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, music and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from adjacent properties. 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 and Loading) of the Campbell Municipal Code. ll.~: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 (Signs) of the Campbell Municipal Code. Building Division: 12. Permits Required: A building permit application shall be required for the proposed new assembly use in the existing commerciaVindustrial use structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part ofthe permit. 13. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Attachment #3 Page 3 of3 14. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 15. Plan Preoaration: This conversion of use 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. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. 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. 17. Title 24 Energv 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 ofthe building envelope and lighting ofthe building. 18. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. Non-Point Source Provisions: 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. 20. 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. 21. Title 24 Accessibilitv Hardship Exemption: 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. 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 23. P.G.& 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. and E. concerning utility easements, distribution pole locations and required conductor clearances. '~ Attachment #4 RECEIVED FEB 2 1 2006 CITY OF CAMPBELL PLANNING DEPT. City of Campbell 70 North First Street Campbell, CA 95008 RE; SOUTH BAY ELITE, INC. - 1077 DELL A VE SUITE A, CAMPBELL, CA 95008 CONDITIONAL USE PERMIT Dear Planning Department, This letter is to explain the purpose and usage of the referenced site for South Bay Elite, Inc. Specifically, SBE is a cheerleading club. Our main purpose is to train childr~n and young adults to compete in the event of Competitive Cheerleading, locally and around the country. Our program has gained national attention and some of our teams have been featured on Fox Sports Network and ESPN. One of our alumni has recently become a member of the San Jose Sabercat Cheer Team and another auditioned along with 800 other girls and earned a spot this year on the internationally recognized Dallas Cowboy Cheerleader Squad. Many others are now cheering for their respective colleges. Our club has around 100 members. On the weekdays they attend practice in the evening. For example, on Mondays and Wednesdays, from 5:00 pm -7:30 pm we have a class of about 30 participants. A second class starts at 7:30 pm and ends at 9:30 pm., (again about 30 participants at a time). Additional teams meet on Tuesdays and Thursdays at the same times. On Saturdays we have classes that start at 10:00 AM and run till 4:30 PM. No organized competitions are held at the gym. We also work with some of the high school teams in the area and have clinics to teach them the correct and safe way to cheer. Normally we conduct these clinics from 3 - 5 PM. As far as parking, most of our participants are dropped off or ride in carpools as some of them come from out of town. Our office hours are Mondays thru Fridays from 10 AM - 5 PM. We have 4 coaches that work during class time. Though we have a relatively large office area it is only occupied by have two part time office workers during normal business hours and by the coaches and some parents during the evening. Page 2 Attached to our main gym is a personal training facility (Extreme Fitness) that specializes in working with a variety of young athletes to increase their strength and skill in whatever sport they participate in, for example soccer, football, etc. There are usually 1-4 athletes at a time working with one or two trainers. Their hours are also in the evenings and weekends. We feel our type of business will work well in this area along with the other sports and gymnastics businesses that has been successful here for many years. Sincerely, tJ/~~/<.~- William K. Zelina U President, South Bay Elite, Inc. Date: 2/21/06