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PC Res 3212RESOLUTION NO. 3212 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP 98-12) TO ALLOW THE ESTABLISHMENT OF AN INDOOR RECREATIONAL FACILITY (INDOOR BASEBALL AND SOFTBALL INSTRUCTION, BATTING CAGES AND BULL PEN) TO BE LOCATED IN A 14,000 SQUARE FOOT TENANT SPACE AT THE SAN TOMAS PLAZA SHOPPING CENTER ON PROPERTY LOCATED AT 150 N. SAN TOMAS AQUINO ROAD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF HARDTKE WORLD OF BASEBALL. FILE NO. UP 98-12. 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 UP 98-12: 1. The proposed indoor baseball and softball recreational facility will be established in conjunction with a retail baseball and softball equipment store within the tenant space. The proposed indoor baseball and softball recreational facility consisting of baseball and softball instruction, bull pens, and 6 batting cages, in the proposed 14,000 square foot tenant space will be located in an existing shopping center within a C-2-S (General Commercial) zoning district and a commercially designated General Plan area. 3. The proposed indoor baseball and softball recreational facility is permitted in the C-2-S (General Commercial) zoning district with approval of a Use Permit. The applicant's proposed operational hours do not exceed the permitted hours of operation for businesses within the C-2-S zone, and are consistent with the operating hours of surrounding tenants in the shopping center. The proposed use with fulfillment of the attached noise mitigation conditions will have reduced exterior noise exposures at the adjacent residential property line to the north and will comply with the standards of the City of Campbell Noise Element of the General Plan. The proposed use is a commercial use and is compatible with other uses within the shopping center and the surrounding neighborhood, with the implementation of the attached noise mitigation conditions. 7. The existing parking and circulation will adequately serve the proposed use on site. 8. The proposed additional landscaping will enhance the shopping center site and will provide shading of parking spaces near the proposed tenant space. Planning Commission Resolution No. 3212 UP 98-12 - 150 N. San Tomas Aquino Road - Hardtke World of Baseball Pase 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the City's Zoning Ordinance and General Plan. The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The proposed site is adequate in size and shape to accommodate the proposed use. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance 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. 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 1. Approved Project: Approval is granted for a Conditional Use Permit to allow the establishment of an indoor baseball and softball recreational facility, consisting of baseball and softball instruction, bull pens, and 6 batting cages, in conjunction with a retail baseball and softball equipment store within a 14,000 square foot tenant space located at 150 N. San Tomas Aquino Road in the San Tomas Plaza Shopping Center. The tenant space shall consist of a 3,000 square foot retail baseball and softball equipment store, a 9,000 square foot indoor baseball and softball recreational facility, and 2,000 square feet of incidental storage/office areas. Project approval shall substantially comply with project plans prepared by Kenneth Rodrigues & Partners, Architects, dated as received by the Community Development Department on November 3, 1998, except as modified by the Conditions of Approval herein. Noise Mitigation: Prior to occupancy and operation of the indoor baseball and softball recreational facility use, the applicant shall be required to implement the following noise mitigation conditions to ensure compliance with the City's Noise Element of the General Plan: Planning Commission Resolution No. 3212 UP 98-12 - 150 N. San Tomas Aquino Road - Hardtke World of Baseball Page 3 o o Ao Install steel insulated double doors at the rear of the building, which access the exterior of the building on the north elevation of the building. The doors must be sealed air-tight when closed. Full perimeter gasketing is required. Install a threshold to ensure a tight seal at the door bottom. Install an astragal with gaskets over the door gap. Fire doors with smoke seals may be used. These doors should be maintained closed at all times with the exception of emergencies. Bo Install a solid-core wood or steel insulated door with full perimeter gasketing at the doorway in the separation wall between the batting cages and the storage/restroom areas. Install a threshold or automatic door bottom. These doors should be maintained closed when not in use. Co Seal the penetrations in the separation wall. Provide a ~A inch gap around all penetrations and fill the gap with acoustical sealants. Cover the view openings in the wall with gypsum board and seal air-tight. Operational Hours: Operational hours of the indoor baseball and softball recreational facility are permitted as follows: Monday - Sunday (7 days a week) 6:00 a.m. to 11:00 p.m. Deliveries: All deliveries to and from the tenant space for the business will be made from the front entrance of the tenant space facing the interior parking lot of the shopping center. No deliveries are permitted to be made at the rear of the building or through the rear access doors on the north elevation of the building. Landscaping: Prior to the issuance of building permits for the project, the applicant shall submit landscaping and irrigation plans for review and approval by the Community Development Director that incorporates the following: Replacement of existing oleander standards within the planter island directly in front of the tenant space in the parking lot with minimum 24-inch box canopy-type trees. Tree type shall be reviewed and approved by the Community Development Director prior to issuance of building permits. Bo Planting of additional shrubs and flowers within the planter boxes located in front of the tenant space. Type and size of shrubs and flowers shall be reviewed and approved by the Community Development Director prior to issuance of building permits. Planning Commission Resolution No. 3212 UP 98-12 - 150 N. San Tomas Aquino Road - Hardtke World of Baseball Page 4 Business Operation: The applicant shall operate and maintain this use in a manner which is not objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation of the Use Permit or City of Campbell standards, codes and ordinances shall be grounds for revocation of the Use Permit. 7. Disabled Access: The applicant shall ensure that all restrooms within the tenant space are compliant with disabled person access requirements. Building Division: Prior to the issuance of building permits for the project, the applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. Based upon an occupancy most closely resembling a Group B occupancy, Type VN - Sprinkler construction under 1994 UBC, UPC, UMC and 1993 NEC, the applicant shall demonstrate provision of the following on plans prior to issuance of building permits: A. Provide seismic anchorage details and engineering calculations for racks at the storefront. B. Clear walkways are to be open, not to be constructed as corridors. Corridors cannot be over 20 feet without exits per UBC 1005.5. C. Provide exit signage and illumination per UBC 1012 and 1013. D. Separate toilet facilities are required when the number of employees exceeds four (4). Facilities must be disabled accessible per UBC 2902.3, CAC D-6.3.1. E. Provide heights of proposed interior walls per UBC 106.3.3. FIRE DEPARTMENT 9. Review of Plans: Review of this development proposal is limited to acceptability 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 apply to the Building Department for applicable construction permits. 10. Sprinkler Requirements: The applicant shall modify the existing fire sprinkler system as necessary to accommodate any construction changes proposed. A State of California C-16 licensed fire protection contractor shall submit drawings, hydraulic calculations and completed permit application and appropriate fees for review and approval prior to beginning the work. Planning Commission Resolution No. 3212 UP 98-12 - 150 N. San Tomas Aquino Road -Hardtke World of Baseball Page 5 11. Fire Department Key Box: Provide an approved Fire Department key box and appropriate building keys. Installations shall conform with Fire Department Standard Detail and Specification K-1. Should there already be a Fire Department key box located on this building, provide. PASSED AND ADOPTED this 8th day of December, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Kearns, Lindstrom None Lowe ~ None APPROVED: Brad Jones,~ing Chair ATTESr~~~, Steve Piasecki, Secretary