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PC Res 3736 RESOLUTION NO. 3736 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-62) TO ALLOW THE ESTABLISHMENT OF A BASEBALL TRAINING FACILITY IN AN EXISTING INDUSTRIAL BUILDING ON PROPERTY OWNED BY MR. ARTHUR BURTON LOCATED AT 599 E. McGLlNCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. ANTHONY SIRI, ON BEHALF OF SIRIOUS BASEBALL. FILE NO: PLN2006-62. 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 PLN2006-62: 1. The proposed establishment of a health/fitness use for a baseball training facility is consistent with the Light Industrial General Plan land use designation. 2. The proposed establishment of a health/fitness use for a baseball training facility will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The baseball training facility would occupy 4,130 square feet of an existing 8,260 square foot industrial building, which represents 50 percent of the total building area on the property. 4. The property currently has 28 parking spaces which are shared by the two tenants on the property. 5. The parking requirements for the proposed use, in combination with the existing adjacent tenant space, would require a total of 39 spaces, which results in a parking deficiency of 11 spaces. This does not represent a parking problem on the project site due to the low parking demand of the appointment only baseball training facility. 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 of the 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 Monday through Friday 10:00 a.m. to 8:00 p.m., Saturday from 8:00 a.m. to 6:00 p.m., and Sunday from 10:00 a.m. to 5:00 p.m. Planning Commission Resolution No. 3736 PLN2006-62 - 599 McGlincy Lane - Use Permit - Sirious Baseball Page 2 9. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (Existing New Construction or Conversion of Small Structures) 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 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 of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-62) to allow the establishment of a baseball training facility in an existing industrial building on property owned by Mr. Arthur Burton located at 599 E. McGlincy Lane in the M-1-S (Light Industrial) Zoning District. Planning Commission Resolution No. 3736 PLN2006-62 - 599 McGlincy Lane - Use Permit - Sirious Baseball Page 3 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 Proiect: Approval is granted for a Conditional Use Permit (PLN2006-62) allowing the establishment of a 4,130 square foot indoor health/fitness use for a baseball training facility in an existing industrial building located at 599 E. McGlincy Lane. 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 Jeanette Coran Architects and stamped as received by the Planning Division on June 16, 2006, including a site plan and floor plan. b. Project Description prepared by Anthony Siri and stamped as received by the Planning Division on June 1, 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 shall be limited to Monday through Friday 10:00 a.m. to 8:00 p.m., Saturday from 8:00 a.m. to 6:00 p.m., and Sunday from 10:00 a.m. to 5:00 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. Planning Commission Resolution No. 3736 PLN2006-62 - 599 McGlincy Lane - Use Permit - Sirious Baseball Page 4 6. Outdoor StoraQe: 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. 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. 8. 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 Manaaement: 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. 9. Parkina 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. The parking lot shall be re-striped within 60 days from the date of final approval to accommodate the new accessible parking spaces. 10. On-Site Liahtina: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design, type, lighting intensity, and location of any exterior lighting fixtures shall be reviewed and approved by the Community Development Director prior to issuance of a building permit for such lighting. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Location of Mechanical Eauipment: No roof-mounted mechanical equipment (Le. air conditioning units, ventilation ducts or yents), 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. 12. Sians: 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. Planning Commission Resolution No. 3736 PLN2006-62 - 599 McGlincy Lane - Use Permit - Sirious Baseball Page 5 Building Division: 13. Permits Reauired: A building permit application shall be required for the proposed change in use in the existing industrial building. 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 maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 16. Plan Preparation: 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. 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 Eneray 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. 19. 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. 20. 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. 21. Title 24 Accessibility- Commercial: On site general path of trayel 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. 22. Title 24 Accessibility Hardship Exemption: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" Planning Commission Resolution No. 3736 PLN2006-62 - 599 McGlincy Lane - Use Permit - Sirious Baseball Page 6 exemption form on submitted construction plans. Form is ayailable at Building Division service counter. 23.Approvals Reauired: 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 24. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approyal 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 11th day of July, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None APPROVED~ Bob Alderete, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: