PC Res 3675
RESOLUTION NO. 3675
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2005-60) TO ALLOW THE ESTABLISHMENT OF A
CHEERLEADING TRAINING FACILITY OF APPROXIMATELY 7,000
SQUARE FEET WITHIN AN EXISTING INDUSTRIAL BUILDING ON
PROPERTY OWNED BY HARRIS & DeGEORGE PROPERTIES
LOCATED AT 1400 DELL AVENUE IN THE C-M-S (CONTROLLED
MANUFACTURING) ZONING DISTRICT. APPLICATION OF MS.
HOLLY ROMANI, ON BEHALF OF CHEERDIVAS. FILE NO.
PLN2005-60.
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 PLN2005-60:
1. The proposed project consists of the establishment of an indoor training 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 office use on the site and the surrounding uses.
4. The existing parking of 98 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 that are limited to Monday through Friday from
10:00 a.m. to 9:00 p.m., on Saturdays 10:00 to 5:00 p.m. and Sundays 5:00 p.m. to
9:00 p.m. 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.
Planning Commission Resolution No. 3675
PLN2005-60 - 1400 Dell Avenue-Conditional Use Permit -- Cheerdivas
Page 2
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 (PLN2005-60) to allow the establishment of a cheerleading
training facility of approximately 7,000 square feet within an existing industrial building
on property owned by Harris & DeGeorge Properties located at 1400 Dell Avenue in a
C-M-S (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
Plannina Division
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2005-60)
allowing the establishment of a 7,938 square foot indoor training facility within an
Planning Commission Resolution No. 3675
PLN2005-60 - 1400 Dell Avenue-Conditional Use Permit -- Cheerdivas
Page 3
existing building located at 1400 Dell Avenue. The building design and site design
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 Holly Romani and received by the Planning Division on
June 27, 2005, including a site plan and layout.
b. Project Description prepared by Holly Romani and dated July 19, 2005.
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. Review of Use Permit in Two Years at Lease Renewal: At such time that the
applicant is set to renew the initial two-year lease for this cheerleading facility, the
applicant shall consult with the Community Development Director to evaluate other
uses on site to ensure continued compatibility of this use with the other building
tenants and uses. If the Director finds this use remains compatible with the site, no
action shall be taken. If the Director feels that this use is no longer compatible with
the zoning and other uses on site, this Use Permit shall be brought back before the
Commission for further consideration.
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. Number of Students and Staff: The maximum number of people shall not exceed 20
students and 7 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.
6. Operational Hours: The hours of operation for the indoor health/fitness facility shall
be limited as follows:
a. Monday through Friday 4:00 p.m. to 9:00 p.m.
b. Saturday - 10:00 a.m. to 9:00 p.m.
c. Sunday - 5:00 p.m. to 9:00 p.m.
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.
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Page 4
8. Outdoor StoraQe: No outdoor storage is permitted on the subject property.
9. Parkinq and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 of the Campbell Municipal Code.
10. Siqns: 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.
11. Trash and RecyclinQ Enclosure: The applicant shall submit details regarding the
design and location of a trash and recycling enclosure to the Planning Division for
review and approval by the Community Development Director prior to the issuance
of building permits for the project. All refuse and recycling containers shall be
located in an enclosure constructed and consisting of a concrete floor at least six
inches in depth, surrounded by a minimum six-foot high masonry wall and having a
solid metal gate. The refuse and recycling containers shall be kept in the enclosure
at all times except when being emptied by collection personnel.
Buildina Division:
12. 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/Plumbing/Mechanical fees when such work is part of the permit.
13. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
14. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
15. 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.
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 EnerQY 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.
Planning Commission Resolution No. 3675
PLN2005-60 - 1400 Dell Avenue-Conditional Use Permit -- Cheerdivas
Page 5
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 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.
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.
PASSED AND ADOPTED this 23rd day of August, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons and Rocha
None
Ebner and Roseberry
None
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