PC Res 4281RESOLUTION NO. 4281
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A LIMITED TERM
CONDITIONAL USE PERMIT (PLN2016-24) TO ALLOW THE
ESTABLISHMENT OF AN INDOOR ATHLETIC FITNESS CENTER
(DBA SIRIUS BASEBALL) WITHIN AN EXISTING COMMERCIAL
BUILDING LOCATED AT 1520 DELL AVENUE, SUITES A & B.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2016-24:
1. The project site is zoned C-M (Controlled Manufacturing) and designated Research
and Development by the General Plan.
2. The project site is located on the east side of Dell Avenue, between Vandell Way and
Division Street.
3. The proposed project is an application for a Conditional Use Permit to allow the
establishment of an indoor athletic fitness facility (d.b.a. Sirius Baseball).
4. The proposed indoor athletic fitness facility is technically defined as a "health and
fitness facility" which is allowed within the C-M Zoning District with the approval of a
Conditional Use Permit.
5. The proposal does not result in any additional floor area or exterior changes to the
existing buildings.
6. The proposal does not result in the removal of any onsite trees or landscaping.
7. As conditioned, the hours of operation would be limited to 7:30 AM to 9:30 PM, Daily.
8. As conditioned, the business/public (class) hours would be limited to 8:00 AM - 9:00
PM, Daily.
9. As conditioned, the project's operational standards will serve attenuate sound from
the batting cages, pitching machines, to acceptable levels.
10. The proposed project is not located within 300-feet of another health and fitness
center/studio or public assembly use and therefore does not result in an
overconcentration of similar uses.
11. Policies found within the Campbell General Plan articulate a desire to promote and
allow change consistent with reinforcing positive neighborhood values and protecting
the integrity of the city's neighborhood, and attracting and maintaining a variety of
uses that create an economic balance within the city while providing high quality
services to the community, and protecting industrial neighborhoods by limiting the
establishment of incompatible uses, encouraging convenient retail and commercial
Planning Commission Resolution No. 4281
PLN2016-24 - 1520 Dell Ave, Units A & B -Limited Term Use Permit -Sirius Baseball
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services in industrial areas, and maintaining space for small start-up and incubator
businesses.
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 (Dell Avenue) 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
7. The project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing of an
existing private structure.
THEREFORE, BE IT RESOLVED that the Planning Commission approves alimited-term
Conditional Use Permit (PLN2016-24) to allow the establishment of an indoor athletic
fitness center (DBA Sirius Baseball) within an existing commercial building located at 1520
Dell Avenue, Suites A 8~ B, subject to the attached Conditions of Approval (attached
Exhibit "A").
Planning Commission Resolution No. 4281
PLN2016-24 - 1520 Dell Ave, Units A & B -Limited Term Use Permit -Sirius Baseball
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PASSED AND ADOPTED this 22nd day of March, 2016, by the following roll call vote:
AYES: Commissioners: Finch, Kendall, Reynolds, Rich and Young
NOES: Commissioners: None
ABSENT: Commissioners Bonhagen & Dodd
ABSTAIN: Commissioners: None
~ ~ ~~,~
APPROVED: ~ ~ ~~ ~,f~
Yvonne Kendall, Acting Chair
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ATTEST:
Paul Kermoyan, ecretary
EXHIBIT A
CONDITIONS OF APPROVAL
Limited Term Conditional Use Permit (PLN2016-24)
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 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2016-24) to
allow the establishment of an indoor athletic fitness facility (d.b.a. Sirius Baseball) within
an existing commercial building located at 1520 Dell Avenue, Suites A & B. The project
shall substantially conform to the Project Plans and Written Statement stamped as
received by the Planning Division on February 20, 2016, except as may be modified by
the Conditions of Approval contained 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 1, 2021) 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. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one
year from the effective date of the resolution. Within this one year period all conditions
of approval shall be fulfilled and the use established. Failure to meet this deadline will
result in the Conditional Use Permit being void. Abandonment, discontinuation, or
ceasing of operations for a continuous period of twelve months shall void the Conditional
Use Permit approved herein.
4. Revocation of Permit: Operation of an indoor athletic fitness facility pursuant to the
Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell
Municipal Code authorizing the appropriate decision making body to modify or revoke an
Conditional Use Permit if it is determined that its operation has become a nuisance to
the City's public health, safety or welfare or for violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell. At the discretion of the
Community Development Director, if the establishment generates three (3) verifiable
complaints related to violations of conditions of approval and/or related to its operation
within a six (6) month period, a public hearing may be scheduled to consider modifying
conditions of approval or revoking the Conditional Use Permit. The Community
Development Director may commence proceedings for the revocation or modification of
permits upon the occurrence of less than three (3) complaints if the Community
Development Director determines that the alleged violation warrants such an action. In
exercising this authority, the decision making body may consider the following factors,
among others:
Exhibit A -Conditions of Approval
PLN2016-25 - 1520 Dell Ave, Suites A & B -Limited Term Use Permit -Sirius Baseball
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a. The number and types of noise complaints at or near the establishment that
are reasonably determined to be a direct result of patrons actions or facility
equipment;
b. The number of parking complaints received from residents, business owners
and other citizens concerning the operation of an establishment; and
c. Violation of conditions of approval.
5. Operational Standards: Consistent with the submitted Written Description and City
standards, any indoor athletic fitness facility operating pursuant to the Conditional Use
Permit approved herein shall conform to the following operational standards. Significant
deviations from these standards (as determined by the Community Development
Director) shall require approval of a Modification to the Conditional Use Permit.
a. Maximum Occupancy: A maximum of ten (10) staff and twenty (20)
participants shall be permitted on the premises at any time, which is further
subject to the maximum occupancy capacities of certain rooms as determined
by the California Building Code (CBC). It is the responsibility of the business
owner to provide adequate entrance controls to ensure that participant
occupancy is not exceeded. Maximum Occupancy signs shall be posted
conspicuously within the premises.
b. Loading/Unloading Zone: Two (2) parking spaces, located directly in front of
the proposed tenant space, shall be identified with 10 minute parking signs
(mounted to a metal post) for the purpose of passenger loading and
unloading. Upon cessation of the use, the 10 minute parking signs shall be
required to be removed.
c. Hours of Operation: Hours of operation shall be as follows. By the end of
'Business/Public Hours' all patrons shall have exited the premises. By the end
of the 'Operational Hours' all employees shall be off the premises.
Operational/Staff: 7:30 AM - 9:30 AM, Daily
Business/Public: 8:00 AM - 9:00 PM, Daily
These hours are restricted in perpetuity.
d. Netting: The applicant shall be required to install netting around the interior of
all areas where baseballs are in play. Sufficient separation shall be provided
to ensure that balls are deadened before hitting a solid surface such as a wall
or fence.
e. Pitching Machines: The applicant shall be permitted to install "Iron Mike
Pitching Machines" or similar ball pitching equipment as determined by the
Community Development Director. The facility shall be limited to six (6)
pitching machines, and installed consistent with the intent of minimizing
potential noise, vibration, and associated impacts to adjoining uses.
f. Batting Locations: Batters shall hit from the northwest side of the batting
cage with the intent of minimizing noise impacts to the abutting tenant space. .
Exhibit A -Conditions of Approval
PLN2016-25 - 1520 Dell Ave, Suites A & B -Limited Term Use Permit -Sirius Baseball
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g. Parking Management: In the event that a verifiable complaint is received by
the City regarding parking, the Community Development Director may reduce
the permitted occupancy, limit the hours of operation, require greater
staggering of classes, require additional parking management strategies
and/or forward the project to the Planning Commission for review.
h. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
Noise: Outdoor speakers are prohibited. Unreasonable levels of noise,
sounds and/or voices, including but not limited to indoor amplified sounds,
indoor loud speakers, sounds from indoor audio sound systems or music,
and/or indoor public address system or fitness equipment, generated or used
by the establishment or its participants shall not be audible to a person of
normal hearing capacity from outside the enclosed tenant space.
In the event that a verifiable complaint is received by the City regarding noise,
the Community Development Director may reduce the permitted occupancy,
limit the hours of operation, limit the permissible decibels, require the
installation of a solid wall where a bay door occurs between Suites B & C,
and/or forward the project to the Planning Commission for review.
j. Loitering: There shall be no loitering allowed outside the business. The
business owner is responsible for monitoring the premises to prevent loitering.
k. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet
cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the
"operational hours."
I. Business License: The business shall be required to obtain and maintain a
City business license at all times.
6. Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window
tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be
installed along, behind or attached to windows or doorways that blocks visual access to
the tenant space or blocks natural light.
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. Exterior areas of the business shall include not only the parking
lot and private landscape areas, but also include the public right-of-way adjacent to the
business. Trash receptacles shall be maintained within their approved enclosures at all
times.
8. Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall
be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall
be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with
healthy plants of the same or similar type.
Exhibit A -Conditions of Approval
PLN2016-25 - 1520 Dell Ave, Suites A & B -Limited Term Use Permit -Sirius Baseball
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9. Si na e: No signage is approved as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit. All signage
shall be installed and maintained pursuant to a Master Sign Program. No window signs
or advertisement posters or placards, shall be permitted unless specifically allowed by
the Master Sign Program.
10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
ll. 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.
12. 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. Parking spaces shall be free of debris or other obstructions.
BUILDING DIVISION
13. Permits Required: A building permit application shall be required for the proposed
Tenant Improvements to the (e) vacant commercial space. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
14. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
15. Size Of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
16. 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.
17. 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.
18. 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.
Exhibit A -Conditions of Approval
PLN2016-25 - 1520 Dell Ave, Suites A & B -Limited Term Use Permit -Sirius Baseball
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19. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
20. Non-Point Source Pollution: 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.
21. 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 public sidewalks.
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.
24. Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel. Storm
water shall not drain onto neighboring parcels.
FIRE DEPARTMENT
25. Formal Plan Review: Review of this development proposal is limited to accessibility of
site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make application
to, and receive from, the Building Division all applicable construction permits.