PC Res 3599
RESOLUTION NO. 3599
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-105) TO ALLOW THE ESTABLISHMENT OF AN INDOOR
RECREATIONAL FACILITY IN AN EXISTING BUILDING ON
PROPERTY OWNED BY HARRY AND MARIANNA BRIX LOCATED
AT 541 DIVISION STREET IN A C-M-S (CONTROLLED
MANUFACTURING) ZONING DISTRICT. APPLICATION OF MR.
KENNETH RODRIGUEZ, ON BEHALF OF HARDTKE WORLD OF
BASEBALL. FILE NO. PLN2004-130.
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 PLN2004-130.
1. The proposed project consists of the establishment of an indoor recreational facility within an
existing industrial building,
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of Research and Development for this area.
3. The proposed fitness facility is consistent with the C-M-S (Controlled Manufacturing) zoning
designation for the site with approval of a Use Permit and is compatible with the existing
warehouse and manufacturing use on the site and the surrounding uses.
4. The existing parking of 103 parking spaces will adequately meet the demands generated by
the change in use, and will not be detrimental to the overall parking and circulation in the
area. Adequate parking, circulation, and access are provided for all users.
5. The proposed operational hours of 12:00 p.m. to 9:00 p.m. on Monday, 10:00 a.m. to 9:00
p.m. on Tuesday through Friday, 9:00 a.m. to 9:00 p.m. on Saturday, and 10:00 a.m. to 9:00
p.m. on Sunday are typical of commercial! industrial uses.
6. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
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2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
6. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2004-130) to allow the establishment of an indoor recreational facility (Hardtke
World of Baseball) in an existing building on property owned by Harry and Marianna Brix
located at 541 Division Street in a C-M (Controlled Manufacturing) Zoning District, subject to
the following conditions:
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
Plannin2 Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-130)
allowing the establishment of a 14,464 square foot indoor recreational facility within an
existing building located at 541 Division Street. The building design and site design shall
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PLN2004-130 - 541 Division Street - Conditional Use Permit - Hardtke World of Baseball
Page 3
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval herein:
a. Project plans prepared by Kenneth Rodrigues & Partners, Inc. and received by the
Planning Division on September 15,2004, including a site plan and floor plan.
b. Project Description prepared by Kenneth Rodrigues & Partners, Inc. and received by the
Planning Division on September 15,2004.
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.
4. Number of Students and Staff: The maximum number of people shall not exceed 40 students
and 5 staff members at anyone time. Any increase or modification to the number of students
and/or staff shall require approval of a Modification to the Conditional Use Permit by the
Planning Commission.
5. Operational Hours: The hours of operation for the indoor health/fitness facility shall be
limited as follows:
a. Monday - 12:00 p.m. to 9:00 p.m.
b. Tuesday through Friday - 10:00 a.m. to 9:00 p.m.
c. Saturday - 9:00 a.m. to 9:00 p.m.
d. Sunday - 10:00 a.m. to 9:00 a.m.
6. 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.
7. Outdoor Storage: No outdoor storage is permitted on the subject property.
8. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 of the Campbell Municipal Code.
9. fugn§: 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
of the Campbell Municipal Code.
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Buildine Division:
10. Permits Required: A building permit application shall be required for the proposed tenant
improvements within the (e) commercial structure. The building permit shall include
Electrical/PlumbinglMechanical fees when such work is part of the permit.
11. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
13. 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.
14. 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.
15. 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.
16. Special Inspections: When a special inspection is required by D.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.
17. 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.
18. 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.
19. Title 24 Accessibility- Commercial: 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.
20. Approvals Required: The project requires the following agency approval prior to issuance of
the building pennit:
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a.
b.
West Valley Sanitation District
Santa Clara County Fire Department
21. 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.
PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Alderete
ATTEST:
APPROVED: C:.
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Sharon Fierro, Secretary