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UP - Home Church - 2000May 24, 2000 Jimmy Zien Home Church 1799 S. Winchester Boulevard, Suite 100 Campbell, CA 95008 Re: PLN2000-24 - 1739/1755/1765 and 1799 S. Winchester Boulevard Dear Applicant: Please be advised that the Planning Commission, at its meeting of May 23, 2000, adopted Resolution No. 3281 granting a limited term Conditional Use Permit to allow for the inclusion of recreational activities, classroom uses and meetings on the above-referenced properties. This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sharon Fierro Community Development Director cc: Harold Housley, Public Works Department Frank Mills, Building Division Wayne Hokanson, Santa Clara County Fire Department RESOLUTION NO. 3281 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A LIMITED TERM CONDITIONAL USE PERMIT (PLN2000-24) TO ALLOW FOR THE INCLUSION OF RECREATIONAL ACTIVITIES, CLASSROOM USES AND MEETINGS ON PROPERTIES OWNED BY HOME CHURCH LOCATED AT 1739/1755/1765 AND 1799 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JIMMY ZIEN FOR HOME CHURCH. FILE NO. PLN2000-24. 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 PLN2000-24. 1. The proposed meeting rooms, recreational facilities and classrooms a permitted with the granting of a Conditional Use Permit in the C-2-S zoning district. 2. The proposed meeting rooms, recreational facilities and classrooms are consistent with the commercial land use designation of the General Plan and the C-2-S (General Commercial) zoning designation for the site. 3. The use of the site for a period of two years for meeting rooms, recreational facilities and classrooms in the proposed tenant locations will not have an adverse affect on the existing retail and office uses located at the shopping center or other commercial uses in the vicinity. 4. The meeting rooms, recreational facilities and classrooms, subject to the conditions of approval, are compatible with the adjacent land uses and the surrounding neighborhood. 5. There is sufficient parking on the site to accommodate the meeting rooms, recreational facilities and classrooms that will occupy former retail tenant spaces. The varying times for these activities will not conflict with the parking requirements of the other uses in the shopping center. 6. The meeting rooms, recreational facilities and classrooms will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Reso. .ion No. 3281 PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church Page 2 1. The establishment of the meeting rooms, recreational facilities and classrooms 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. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed establishment is compatible with the adjacent land uses and the surrounding neighborhood. 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 (PLN 2000-24) for a period of two years to establish meeting rooms, recreational facilities and classrooms in tenant spaces located in property known as 1739, 1755, 1765 and 1799 S. Winchester Blvd. There are no physical changes to the tenant spaces requested by the applicant. The operation of these facilities shall substantially conform to the project exhibits listed below and the attached letter describing the activities, except as may be modified by the Conditions of Approval contained herein: A. Plot plan stamped as received April 28, 2000, prepared by JD B. Floor plans stamped as received April 28, 2000, prepared by JD C. Applicant's project description dated April 28, 2000, signed by Associate Pastor Jimmy Zien 2. Hours of operation: Hours of operation are 8:00 a.m. to 10:00 p.m. daily. 3. Landscaping: Landscape maintenance shall be an on-going responsibility of the property owner and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and replacement of damaged or diseased plant material. 4. On-site Lighting: On-site lighting shall not create a glare on adjacent properties and shall be maintained in working order at all times. Planning Commission Reso. .on No. 3281 PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church Page 3 5. Building Division Requirements: Prior to the issuance of building permits, the applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. 6. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department prior to construction. 7. Rear Alley Access Improvements: The alleyway and parking area located at the westerly property line shall be repaired to a standard to accommodate Fire Department access. Grading and drainage plans for repaving shall be submitted to the Public Works Department for evaluation and approval within 30 days of the approval of the use permit and the work shall be performed as approved within six months of approval of the use permit. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. 9. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. 10. Building Maintenance: The exterior of the building, including awnings, paint and signage, shall be maintained in good repair. The building shall be painted as necessary to maintain an attractive appearance. Repair and maintenance shall conform to the site and architectural approval for this project. The Community Development Director may approve minor modifications to the exterior of the buildings and major modifications shall be submitted to the Planning Commission for approval. 11. Parking: If verified on-going parking complaints are received by the Community Development Department about the uses that are approved by this use permit, the Planning Commission may hold a Public Hearing to consider the matter. The Planning Commission may modify the conditions of approval to resolve the parking conflicts. 12. Utility Boxes and Back-Flow Preventers: If applicable, the applicant shall submit a plan prior to installation ofPG&E utility (transformer) boxes and San Jose Water Company back- Planning Commission ReSOL .on No. 3281 PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church Page 4 flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 13. Trash Disposal/Recyc1ing: The applicant shall provide details regarding the design and location of trash disposal/recycling facilities necessary to serve the uses to be reviewed and approved by the City prior to the issuance of building permits for the project. The design of the trash enclosure shall match the building in terms of color and finish. 14. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit issued. 15. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public address system, generated by uses within the building shall not be audible to a person of normal hearing acuity from any residential property and shall not disturb adjacent retail uses. In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by uses in the building, may limit the operation hours of the uses within the building and/or may require a Noise Management Plan to be submitted by the applicant. CENTRAL FIRE DISTRICT: 16. 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 Fire Codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 17. The applicant is advised that the time of Building Permit submittal, the architect shall provide a complete area calculation summary for the entire complex. It is noted that the existing complex is nearing a point where the majority of building use is dedicated to assembly use. 18. The shall the designer shall provide an area calculation in accordance with the Building Code, reflecting compliance with the "sum of area ratios" for assembly uses associated with the Home Church. PUBLIC WORKS DEPARTMENT: 19. Preliminary Title Report: Prior to issuance of any permits, the applicant shall provide current Preliminary Title Reports for the properties. Planning Commission Resolu..Jn No. 3281 PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church Page 5 20. Right-of-Way for Public Street Purposes: Prior to issuance of any permits, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Winchester Boulevard frontage to accommodate a 45- foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 21. Street Improvements: Prior to issuance of any permits, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: . Repair of sidewalks and driveway approaches. 22. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,500 per acre unless previously paid. 23. Utilities: Any new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 24. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 25. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. PASSED AND ADOPTED this 23rd day of May, 2000, by the following roll call vote: Planning Commission ResoL In No. 3281 PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church Page 6 NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom, Lowe None None None AYES: Commissioners: APPROVED: J ATTEST: ~~ Sharon Fierro, Secretary Planning Commission Minutes of May 23,2000 Page 5 Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3280 granting a Site and Architectural Approval (PLN2000-51) to allow the construction of a new single-family residence on property located at 1756 Regina Way, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe None None None NOES: ABSENT: ABSTAIN: Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within 10 days. *** Chairperson Gibbons read Agenda Item No.4 into the record. 4. PLN2000-24 Zien, J. Public Hearing to consider the application of Mr. Jimmy Zien, on behalf of Home Church, for approval of a limited term Conditional Use Permit (PLN2000-24) to allow for the inclusion of recreational activities, classroom uses and meetings on properties owned by Home Church located at 1739/1755/1765 and 1799 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that the Home Church is located within a shopping center at the corner of Latimer and Winchester, which was granted a Use Permit in the early 1980's. In 1988, the Church obtained a limited term Use Permit to allow a youth facility in another parcel within the center. That limited term Use Permit is now expired. · Since the Home Church first occupied this site, they have purchased additional parcels within the shopping center and are now seeking a limited term Conditional Use Permit to allow all their parcels to be used for recreational activities, classroom uses and meetings in conjunction with the Home Church. · Council held a Study Session to discuss Home Church's public-facilities use of property that is designated as Retail/Commercial in the General Plan. Council express support for Home Church but suggested a market study to support the loss of retail space to the City. · Advised that Home Church is successful in membership and that their site has plenty of parking to meet the Church's needs. In fact there is a surplus of 150 spaces. · The proposed hours of operation are from 8 a.m. to 10 p.m. daily with no restriction. Planning Commission Minutes of May 23,2000 Page 6 · Conditions of Approval limit noise issues and allow the Community Development Director to modify the use if noise issues or parking issues arise. · The applicants will have six months to implement the alley repaving required under Condition of Approval No.8. This will allow them the opportunity to work with adjacent parcel owners. Commissioner Hernandez sought clarification as to how many parcels the Home Church owns within this center. Ms. Sharon Fierro, Community Development Director, replied that the Home Church owns five parcels. In addition to the Home Church, there are two restaurants operating within the shopping center. Chairperson Gibbons asked if any structural changes are occurring with this application and, if not, why Conditions of Approval are included requiring building permits. Ms. Sharon Fierro replied that the applicants have stated that no exterior structural changes will occur. The Conditions of Approval for building permits are standard Fire and Building req uirements. Chairperson Gibbons advised that the Site and Architectural Review Committee did not review this project. Commissioner Hernandez asked if Council had any guidance for the Commission. Ms. Sharon Fierro replied that both Council and the Home Church were comfortable with a two- year approval at this time. Chairperson Gibbons asked how staff will track this project. Ms. Sharon Fierro answered that she has electronic scheduling which will alert her when this approval requires review. Chairperson Gibbons opened the Public Hearing for Agenda Item No.4. Pastor Mike Kiley, Home Church, 1799 S. Winchester Boulevard: · Stated that Home Church is nearing 20 years in Campbell and that they love being in Campbell and of service to the community. · Provided a list of activities both supported and participated in by the Home Church including the Police Chaplaincy and graffiti clean up efforts. · Thanked the Commission for the opportunity to address it and stated that he is available for any questions. Planning Commission Minutes of May 23, 2000 Page 7 Commissioner Francois advised that he had visited the Home Church last week and was very impressed. Said that he was given a tour of the entire campus where he saw day care, tutoring and mentoring occurring. Chairperson Gibbons closed the Public Hearing for Agenda Item No.4. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3281 granting a limited- term two-year Conditional Use Permit (PLN2000-24) to allow for the inclusion of recreational activities, classroom uses and meetings on properties owned by Home Church located at 1739/1755/1765 and 1799 S. Winchester Boulevard, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe None None None NOES: ABSENT: ABSTAIN: Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within lO days. *** Chairperson Gibbons read Agenda Item No.5 into the record. 5. PLN2000-61 Brown, C. Public Hearing to consider the application of Mr. Charles Brown, on behalf of Doug and Carla Twilleager, for a Site and Architectural Approval (PLN2000-61) to allow a residential addition to an existing single family home in the San Tomas Neighborhood with a Floor Area Ratio of 0.49 on property located at 1147 Fawn Drive in an R- 1-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Darcy Smith, Planner I, presented the staff report as follows: · Advised that the applicant seeks approval of an addition that exceeds the .45 FAR allowable under the San Tomas Area Neighborhood Plan. · The project site is on the west side of Fawn, near Beth. · The site is being developed at 4.7 units per gross acre, which is consistent with the General Plan. · The Zoning is R-1-6 and this project meets setbacks and coverage. · The existing home consists of 1,738 square feet, which was built in the late 60's. The addition would add 611 square feet to the first floor and a new second story space with 1,159 ITEM NO.4 ..\.,~. o'i. . CA-'I1/.>6> !:: <;- U r- o 0 .. .>. $ ... {' ç,' ·O~CH"''.O· STAFF REPORT - PLANNING COMMISSION MEETING OF May 23, 2000 PLN 2000-24 Zien, Jimmy Public Hearing to consider the application of Mr. Jimmy Zien on behalf of the Home Church for approval a Conditional Use Permit (PLN2000-24) to allow existing tenant spaces in the Campbell Shopping Center to be used for recreational activities, classroom uses and meetings on properties owned by the Home Church located at 1739, 1755, 1765, and 1799 South Winchester Boulevard in the C- 2-S (General Commercial) Zoning District. ST AFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow recreational activities, classroom uses and meetings to be conducted in certain tenant spaces in the Campbell Shopping Center, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15301 classl (a) (Existing Facilities) of CEQA; therefore, no environmental action is required. PROJECT DATA Site Data: Gross Shopping Center Area: 6.7 acres (292,414 square feet) Shopping Center Site Utilization: Building Coverage: 19% 55,558 sq. ft. Landscape Coverage: 7% 20,468 sq. ft. Paving Coverage: 74% 6,447 sq. ft. Shopping Center Parking Provided: 389 parking spaces Building Area: Existing Commercial Buildings 69,968 sq. ft. Home Church Tenant Space Parking·: Provided: Approximately 365 parking spaces Required: Retail 17,000 sq. ft. @ 1 space for each 300 sq. ft. = 110 Office 22,000 @ 1 space for each 225 square feet = 97 207 Surplus of 158 spaces Hours of Operation: Generally between 8:30 a.m. to lO:OO p.m. daily. . Parking ratios based on retail and office use. See parking analysis below. Staff Report - Planning Commission Meeting of May 23,2000 PLN2000-24- 1739, 1755, 1765 and 1799 South Winchester Boulevard Page 2 Surrounding Uses: North: East: South: West: Home Church Sanctuary Retail Commercial uses Multi-family ResidentiaVCommercial Office Multi-family Residential DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow recreational activities, classroom uses and meetings in several tenant spaces located in the Campbell Shopping Center. The project site is located on the west side of South Winchester Boulevard between Hamilton and Latimer A venues. The site is surrounded residential apartments to the south and west and by various retail uses on the east across Winchester Boulevard. BACKGROUND Since the early 1980's the Home Church has acquired several parcels in the Campbell Shopping Center. The site is currently designated for retail commercial use. The Community Development Department has advised them that a change in use of this site to expand their existing church would require a General Plan and Zoning Amendment to a Public/Quasi-Public designation. In 1981 the Home Church established the sanctuary at the north end of the shopping center. In 1988 the church requested permission to operate a youth center in tenant space at 1739 S. Winchester Boulevard. A Use Permit was granted for an initial two-year period. The limited term was based on a letter from the Redevelopment Agency Executive Director that a permanent change of the Campbell Shopping Center to a non-profit use would adversely affect sales tax revenues and was contrary to the Redevelopment Plan for the site. There was also significant opposition to the project from other tenants. The temporary use permit was extended for an additional four years and expired on October 1994. Since that time the church has discussed possible expansion plans with City staff. The Church does not have immediate plans to expand the church campus but would like to make use of the tenant spaces acquired over the years. In order to obtain policy direction from the City Council concerning this project, the City Council held a study session on April 4, 2000 to hear the church's plans. The Council recommended that the Church pursue a temporary use permit to allow the use of the property they have acquired for a two-year period of time. At the end of the temporary use permit period, the church could bring forward a General Plan Amendment and Zoning Amendment to redesignate a portion of the site for Public/Quasi-Public use to expand their sanctuary into a church campus. ANALYSIS Staff Report - Planning Commission Meeting of May 23,2000 PLN2000-24- 1739, 1755, 1765 and 1799 South Winchester Boulevard Page 3 General Plan Designation: The General Plan land use designation for the project site IS commercial. The project as proposed is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial). The proposed recreation facility, classrooms and meeting rooms require the approval of a Conditional Use Permit. The requested uses are being considered individually, and not as an expansion of the Home Church which would require a General Plan and Zoning amendment to a Public Facilities Zoning District. Site Layout: The shopping Center consists of eight individual parcels; see attached Location Map. The buildings are located at the westerly portion of the site and face Winchester Boulevard. A large pool of parking spaces is located between the buildings and the street. The lot lines run perpendicular to Winchester and bisect the parking lot. The Home Church sanctuary occupies Parcel 7, a former grocery store. Parcel 8 is privately owned and occupied by a restaurant. Parcels 9, 10 and 11 are owned by the Home Church and are proposed to be used for classrooms, meeting facilities and recreational uses. Parcel 12 contains a variety of uses and is individually owned. Parcel 13 is owned by a benevolent trust and is occupied by a Kentucky Fried Chicken Restaurant. The office building on the south side of the site is owned by the Home Church and was converted to condominium office space in the past. It is designated as Page 53 on the Assessor's Map. The site plan attached to the applicant's letter, Attachment 3, illustrates the proposed use of the tenant spaces. This exhibit was prepared before the church included their office building in the use permit application for classroom and meeting room uses. Site Conditions: Individual ownership of the parcels and in particular, the parking lot area has resulted in varied maintenance conditions. The landscaping has not been maintained and the parking lot paving is uneven and poorly maintained. An alley located at the rear of the shops has been allowed to deteriorate over the years. A recommended condition of approval requires that this area be repaired. Building Design: No architectural changes are proposed with this use permit application. The Conditions of Approval require that exterior elements, such as awnings, be maintained in good repair. Since the Home Church does not own all parcels in the shopping center, extensive remodeling cannot be accomplished. Parking: Approximately 365 parking spaces are available for use by patrons of the proposed uses. This figure does not include parking on the parcels that are not a part of this action. Parking spaces associated with the Home Church sanctuary are included since they are under the same ownership. The Zoning Ordinance does not provide a specific standard for recreational, classroom and meeting room uses. Based on the surplus of 158 spaces and the information provided in the church's letter, Attachment 3, containing the requested hours of operation and the size of the groups, staff believes that sufficient parking is available in the existing parking lot. Most of the requested uses will occupy the site in the evening and will not conflict with office or retail uses. Virtually all of the parking spaces allocated for the Home Church sanctuary are not Staff Report - Planning Commission Meeting of May 23,2000 PLN2000-24- 1739, 1755, 1765 and 1799 South Winchester Boulevard Page 4 used during the day. A recommended condition of approval allows the adjustment of the hours of operation if through actual use, there is a parking shortage. At that time the applicant may present a parking management plan for consideration by the Planning Commission. Landscaping: A recommended condition of approval requires that the existing landscaping be maintained. Due to the 2-year expiration for the use permit, staff is not requesting significant modifications at this time. Conditional Use Permit The operation of the classrooms, meeting rooms and the recreational facility could result in impacts on adjacent tenants in the shopping center. Conditions of approval will limit the hours of operation and potential noise impacts. Based on City Council direction, the Conditions of Approval allow the use of the buildings for a period of two years. This will allow the church time to prepare a General Plan and Zoning Amendment to accommodate future plans. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections to the proposed uses. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application in that no design changes are proposed with the request. Attachments: 1. Findings for approval ofPLN2000-24 2. Conditions of Approval for PLN2000-24 3. Letter from the Home Church 4. Chronology of Home Church at the Campbell Shopping Center 5. Exhibits 6. Location Map Prepared by: Sharon Fierro, Community Development Director Attachment # 1 FINDINGS FOR APPROVAL FOR FILE NO. PLN2000-24 Use Permit Application for the Home Church 1739, 1755, 1765 and 1799 South Winchester Boulevard APPLICANT: Jimmy Zien for the Home Church P.c. MEETING: May 23, 2000 Findings for Approval of a Use Permit (PLN2000-24) to allow the establishment of meeting rooms, recreational facilities and classrooms in several tenant spaces in the Campbell Shopping Center The Planning Commission finds as follows with regard to File No. PLN2000-24: 1. The proposed meeting rooms, recreational facilities and classrooms a permitted with the granting of a Conditional Use Permit in the C-2-S zoning district. 2. The proposed meeting rooms, recreational facilities and classrooms are consistent with the commercial land use designation of the General Plan and the C-2-S (General Commercial) zoning designation for the site. 3. The use of the site for a period of two years for meeting rooms, recreational facilities and classrooms in the proposed tenant locations will not have an adverse affect on the existing retail and office uses located at the shopping center or other commercial uses in the vicinity. 4. The meeting rooms, recreational facilities and classrooms, subject to the conditions of approval, are compatible with the adjacent land uses and the surrounding neighborhood. 5. There is sufficient parking on the site to accommodate the meeting rooms, recreational facilities and classrooms that will occupy former retail tenant spaces. The varying times for these activities will not conflict with the parking requirements ofthe other uses in the shopping center. 6. The meeting rooms, recreational facilities and classrooms will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The establishment of the meeting rooms, recreational facilities and classrooms 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 Findings for Approval- .t'lanning Commission Meeting of May 2J, 2000 PLN2000-24- 1739, 1755, 1765 and 1799 South Winchester Boulevard Page 2 public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed establishment is compatible with the adjacent land uses and the surrounding neighborhood. Revised May 23, 2000 Attachment # 2 PLANNING COMMISSION CONDITIONS OF APPROVAL FILE NO. PLN 2000-24 Use Permit Application for the Home Church 1739, 1755, 1765 and 1799 South Winchester Boulevard APPLICANT: Jimmy Zien for the Home Church P.c. MEETING: May 23, 2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances 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 l. Approved Project: Approval is granted for a Conditional Use Permit (PLN 2000-24) for a period of two years to establish meeting rooms, recreational facilities and classrooms in tenant spaces located in property known as 1739, 1755, 1765 and 1799 S. Winchester Blvd. There are no physical changes to the tenant spaces requested by the applicant. The operation of these facilities shall substantially conform to the project exhibits listed below and the attached letter describing the activities, except as may be modified by the Conditions of Approval contained herein: A. Plot plan stamped as received April 28, 2000, prepared by JD B. Floor plans stamped as received April 28, 2000, prepared by JD C. Applicant's project description dated April 28, 2000, signed by Associate Pastor Jimmy Zien 2. Hours of operation: Hours of operation are 8:00 to 10:00 p.m. daily. 3. Landscaping: Landscape maintenance shall be an on-going responsibility of the property owner and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and replacement of damaged or diseased plant material. 5. On-site Lighting: On-site lighting shall not create a glare on adjacent properties and shall be maintained in working order at all times. 6. Building Division Requirements: Prior to the issuance of building permits, the applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. Conditions of Approval- Planning Commission Meeting of May 23, 2000 PLN2000-24- 1739, 1755, 1765 and 1799 South Winchester Boulevard Page 2 7. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department prior to construction. 8. Rear Alley Access Improvements: The alleyway and parking area located at the westerly property line shall be repaired to a standard to accommodate Fire Department access. Grading and drainage plans for repaving shall be submitted to the Public Works Department for evaluation and approval within 30 days of the approval of the use permit and the work shall be performed as approved within six months W days of approval of the use permit. 9. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and l1.414, 1985 Ed. Uniform Fire Code). All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. lO. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. ll. Building Maintenance: The exterior of the building, including awnings, paint and signage, shall be maintained in good repair. The building shall be painted as necessary to maintain an attractive appearance. Repair and maintenance shall conform to the site and architectural approval for this project. The Community Development Director may approve minor modifications to the exterior of the buildings and major modifications shall be submitted to the Planning Commission for approval. 12. Parking: If verified on-going parking complaints are received by the Community Development Department about the uses that are approved by this use permit, the Planning Commission may hold a Public Hearing to consider the matter. The Planning Commission may modify the conditions of approval to resolve the parking conflicts. 13. Utility Boxes and Back-Flow Preventers: If applicable, the applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. Conditions of Approval- Planning Commission Meeting of May 23,2000 PLN2000-24- 1739, 1755, 1765 and 1799 South Winchester Boulevard Page 3 14. Trash Disposal/Recycling: The applicant shall provide details regarding the design and location of trash disposal/recycling facilities necessary to serve the uses to be reviewed and approved by the City prior to the issuance of building permits for the project. The design of the trash enclosure shall match the building in terms of color and finish. 15. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit issued. 16. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public address system, generated by uses within the building shall not be audible to a person of normal hearing acuity from any residential property and shall not disturb adjacent retail uses. In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by uses in the building, may limit the operation hours of the uses within the building and/or may require a Noise Management Plan to be submitted by the applicant. CENTRAL FIRE DISTRICT: 15. 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 Fire Codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. l6. The applicant is advised that the time of Building Permit submittal, the architect shall provide a complete area calculation summary for the entire complex. It is noted that the existing complex is nearing a point where the majority of building use is dedicated to assembly use. 1 7. The shall the designer shall provide an area calculation in accordance with the Building Code, reflecting compliance with the "sum of area ratios" for assembly uses associated with the Home Church. PUBLIC WORKS DEPARTMENT: 18. Preliminary Title Report: Prior to issuance of any permits, the applicant shall provide current Preliminary Title Reports for the properties. Conditions of Approval- Planning Commission Meeting of May .::3,2000 PLN2000-24- l739, 1755, 1765 and 1799 South Winchester Boulevard Page 4 19. Right-of-Way for Public Street Purposes: Prior to issuance of any permits, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Winchester Boulevard frontage to accommodate a 45-foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 20. Street Improvements: Prior to issuance of any permits, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: . Repair of sidewalks and driveway approaches. 21. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee which is $2,500 per acre unless previously paid. 22. Utilities: Any new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 23. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 24. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 4 Home W!lChurch 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 Attachment #3 April 28, 2000 Aki R. Irani Planner I City of Campbell 70 N. First Street Campbell, CA 95008 RE: Use Permit Application (PLN 2000-24) Dear Aki, This letter is in response to your request for information of the use and layout of our buildings. It is difficult to put percentage of usage by function because our world is very dynamic. However, the best guess today is as follows: 1. Hospitality Room, Fellowship Hall (also known as the youth center) consisting of two buildings with these four addresses: 1739, 1755, 1757,1763 S. Winchester Blvd. All of these rooms are used throughout the week varying from 8:30am to 10pm. They are used for meetings, classes, dinners, breakfasts, hospitality for visitors on Sunday, wedding receptions and funerals on occasion. They are not used every day or every night. Koffee house on Friday nights from 7:30pm to 1O:00pm. Youth ministry has Bible studies, game nights, music rehearsals, etc. throughout the month. Senior Pastors from different churches meet for lunch here every month. Singles ministry, Women's ministry, Men's ministry all meet in these rooms weekly. Community groups use these facilities for meetings, such as Kiwanis, neighborhood watch groups, etc. Other small churches have dinners and meetings here. We do not charge any of these groups for using our facilities. 50 % meeting/classroom 20 % social events 30 % other, including community activities A non-denominational Bible teaching church working to preserve the home and family (Ii) TlitJPTl6nliftrwl 2. Office Building at 1799 S. Winchester Blvd. Our office hours are 9:00am to 5:00pm Monday thru Friday. This facility is used for all of our Pastoral and administration offices. Cub and Boy Scouts meet in the classrooms once a week on Wednesday 7:00pm to 9:00pm Pioneer Family Academy meets here on Tuesday and Thursday from 9:00am to 2:30pm. These are children that are being home schooled by their parents. We give out food on Fridays between 1 0:00am and 1 :OOpm. We use the classrooms on Sunday from 9:00am to 1 :OOpm. There are also adult classes on Thursday 7:00pm to 9:00pm. 50 % offices/administration 20 % classrooms 10 % food ministry program 20 % other, including community activities 3. New Building at 1765 S. Winchester Blvd. So far, use has been limited. Proposed use is: 50 % meeting/classroom 20 % social events 30 % other, including community activities Please contact me if any additional information is needed. Sincerely, Attachment #4 Chronolo2Y of Events- Home Church June 2, 1981 June 30, 1988 July 12, 1988 August 9, 1988 August 16, 1988 September 13, 1988 September 20, 1988 The Planning Commission grants a Use Permit (UP 81-11) on property located at 1711 S. Winchester Blvd. (Parcel No.7) for the conversion of a vacant supermarket building to a church. Memorandum from Kevin Duggan, City's Redevelopment Agency Executive Director and City Manager, indicating that the economic I potential for redeveloping the shopping center as an effective retail and I commercial use is positive and that a temporary expansion of the church for the youth center activities would not hinder the future objectives of the Redevelopment Agency to revitalize the center for retail and commercial uses, but a permanent and expanding church operation could foreclose the City's and Redevelopment Agency's flexibility regarding redevelopment of the property. The Planning Commission reviews the Use Permit application (UP 88- 07) for the establishment of the youth center use to be located in an existing 4,080 square foot commercial building in the Campbell Shopping Center on properties located at 1739-1757 S. Winchester Blvd. (Parcel Nos. 9 and 10). The Planning Commission requires that the applicant prepare an Environmental Impact Report (EIR) to address concerns regarding on-site parking and circulation, compatibility of uses and the fiscal impact of the use in a general commercial zone. Determination of the Use Permit is continued pending submission of an EIR. Public testimony is given by many business and property owners within the shopping center and from surrounding neighbors concerned about the expansion of the church on commercial property. Home Church files an appeal of the Planning Commission decision requiring an Environmental Impact Report (EIR) for the Use Permit. Home Church addresses traffic concerns by providing a parking study. The City Council overturns the Planning Commission decision and determines that an Environmental Impact Report (EIR) is not necessary in conjunction with the Use Permit application for the youth center. The Planning Commission grants Home Church approval (Resolution No. 2546) of the Use Permit to allow establishment of the youth center for a period of two (2) years to expire on September 13, 1990. An appeal is filed by business and property owners of Campbell Shopping Center requesting that the City Council overturn the Planning Commission's approval of the Use Permit and deny the application for the youth center. Home Church - Chronology of Events Page 2 October 20, 1988 The City Council upholds the Planning Commission decision to conditionally approve the Use Permit (UP 88-07) for the youth center, subject to a one-year review by the City Council. The Use Permit approval is granted for a two-year period and the expiration date of the Use Permit is extended to October 20, 1990. November 7, 1989 The City Council notes and revIews the one-year revIew. No complaints are filed regarding operation of the youth center. I October 23, 1990 The Planning Commission grants Home Church approval (Resolution I No. 2705) of a Modification (M90-l8) to the previously-approved Use I Permit (UP 88-07) to allow a 4-year extension of a youth center use that expires on October 23, 1994. February 23,2000 Home Church submits an application for a Use Permit for the establishment of a multi-purpose room on property located at 1765 S. Winchester Blvd in a C-2-S (General Commercial) zoning district. March 15,2000 Planning Staff determines that the Use Permit application is incomplete and sends letter to Home Church explaining that additional information is needed to complete the application. March 16, 2000 Planning Staff sends a follow-up letter to Home Church explaining that the Use Permit application cannot be approved until approval of a General Plan Amendment and Zone Change are granted to allow expansion of the church use on the property. Home Church Property Ownership The Home Church has acquired properties located within the Campbell Shopping Center on the northwest comer of W. Latimer Avenue and S. Winchester Blvd. The shopping center is located within a C-2-S (General Commercial) zoning district and has a General Plan land use designation of commercial. The tax assessor's records indicate that the following properties are currently owned by the Home Church: Address 1711 S. Winchester Blvd. 1739 S. Winchester Blvd. l755-1757 S. Winchester Blvd. l763-1765 S. Winchester Blvd. 1799 S. Winchester Blvd. (office building) Parcel No. Parcel No. 7 Parcel No.9 Parcel No. 10 Parcel No. 11 Page 53, Parcel Nos. 1-19 Date Acquired 12110/85 8/31/88 8/31/88 4/2/99 12/2/88 Of·C.4'4 .... À~ " ~ ... \"" U r'"' '" -. $"" L<' (JIt'CHA"O CITY OF CAMPBELL Community Development Department· Current Planning May 5,2000 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, May 23, 2000, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Jimmy Zien, on behalf of Home Church, for approval of a Conditional Use Permit (PLN2000-24) to allow for the inclusion of recreational activities, classroom uses and meetings on properties owned by Home Church located at 1739/1755/1765 and 1799 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assisti ve devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2000-24 Address: 1739/1755/1765 & 1799 S. Winchester Blvd. 70 North First Street· Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 ~I· Home U!lChurch 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 April 28, 2000 Aki R. Irani Planner I City of Campbell 70 N. First Street Campbell, CA 95008 RE: Use Permit Application (PLN 2000-24) Dear Aki, This letter is in response to your request for information of the use and layout of our buildings. It is difficult to put percentage of usage by function because our world is very dynamic. However, the best guess today is as follows: 1. Hospitality Room, Fellowship Hall (also known as the youth center) consisting of two buildings with these four addresses: 1739, 1755, 1757,1763 S. Winchester Blvd. All of these rooms are used throughout the week varying from 8:30am to 10pm. They are used for meetings, classes, dinners, breakfasts, hospitality for visitors on Sunday, wedding receptions and funerals on occasion. They are not used every day or every night. Koffee house on Friday nights from 7:30pm to 1O:0Opm. Youth ministry has Bible studies, game nights, music rehearsals, etc. throughout the month. Senior Pastors from different churches meet for lunch here every month. Singles ministry, Women's ministry, Men's ministry all meet in these rooms weekly. Community groups use these facilities for meetings, such as Kiwanis, neighborhood watch groups, etc. Other small churches have dinners and meetings here. We do not charge any of these groups for using our facilities. 50 % meeting/classroom 20 % social events 30 % other, including community activities A non-denominational Bible teaching church working to preserve the home and family (iiJ Tlie $rI6ol 0/ trI.« 2. Office Building at 1799 S. Winchester Blvd. Our office hours are 9:00am to 5:00pm Monday thru Friday. This facility is used for all of our Pastoral and administration offices. Cub and Boy Scouts meet in the classrooms once a week on Wednesday 7:00pm to 9:00pm Pioneer Family Academy meets here on Tuesday and Thursday from 9:00am to 2:30pm. These are children that are being home schooled by their parents. We give out food on Fridays between 1O:00am and 1 :OOpm. We use the classrooms on Sunday from 9:00am to 1:00pm. There are also adult classes on Thursday 7:00pm to 9:00pm. 50 % offices/administration 20 % classrooms 10 % food ministry program 20 % other, including community activities 3. New Building at 1765 S. Winchester Blvd. So far, use has been limited. Proposed use is: 50 % meeting/classroom 20 % social events 30 % other, including community activities Please contact me if any additional information is needed. Sincerely, í!HÕME CHURCH 1799 South Winchester Boulevard, Suite 100 . Campbell, California 95008 . (408) 370~1500 Home Church Community Involvement These are some of the groups that use our buildings at no cost. Kiwanis every month for their board meetings. Neighborhood Watch (they were fearful of meeting in their own neighborhood.) Proj ect Crack Down. Boy Scouts every week. Cub scouts every week. Voting station. Campbell Presbyterian Church for Harvest Festival and Christmas Dinners for their leadership. Twelve step program. Many other community programs throughout the year. Over the years we have partnered with the city and community through: Police Chaplaincy for last seven years. We give out over 100 bags of food weekly to Campbell residents. Hosting the Highway 85 grand opening. Hosting Campbell's 40th Birthday celebration. Working with neighborhood cleanup and graffiti abatement programs. Working with the parks dept. and community center on misc. work projects (planting, painting, sprinklers, rebuilding benches, etc.) Involvement with the Campbell Prune Festival. Christmas Tree Lighting. Member of the Campbell Chamber of Commerce for many years. Member of the Kiwanis. Home. . . where friends never meet for the last time £. Home II!J Church 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 April 5, 2000 Sharon Fierro City of Campbell Planning Division 70 N. First Street Campbell, CA 95008 Dear Sharon, We were very satisfied with the meeting and discussions that brought clarification to the City's position in regard to our property usage. As a conclusion to the meeting, we understand the following actions will be forthcoming. I. The Home Church will provide the additional information for the "Use Permit" for 1765 S. Winchester Boulevard (the latest acquisition for Home Church). 2. The Planning Department will issue "Temporary Use Permit" extensions for the other facilities, 1739, 1755, and the office building at 1799 S. Winchester Boulevard, for church use. 3. The "Market Analysis" suggested by the Planning Department will be completed and funded by the Planning Department and is for the City's benefit. Please confirm the above agreements and schedule completion dates for the City's responsible actions. Thank you, ~w.~~ R.W. Radcliff Business Administrator A non-denominational Bible teaching church working to preserve the home and family fi) "-um6oIrJ/fIWl CITY COUNCIL MINUTES <+>= City of Campbell, 70 North First Street, Campbell, California CITY COUNCIL STUDY SESSION TUESDAY. APRIL 4. 2000 - 6:45 P.M. 70 N. FIRST STREET - RALPH DOETSCH CONFERENCE ROOM Note: This Study Session was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956). CALL TO ORDER The City Council of the City of CampbeIl convened this day in the Ralph Doetsch Conference Room at CampbeIl City HaIl, 70 N. First Street, Campbel1, California for a Study Session regarding the proposed redevelopment of CampbeIl Shopping Center @ LatimerIWinchester. Roll Call: Present: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy Absent: Councilmembers: None Staff Present: Bernie Strojny, City Manager; Anne Bybee, City Clerk; Bill Seligmann, City Attorney; Sharon Fierro, Interim Community Development Director; Aki Irani, Planner I; Robert Kass, Public Works Director; and Kirk Heinrichs, Redevelopment Manager. Representatives of the Home Church were also in attendance. 1. Proposed Redevelopment of Campbell Shopping Center @ Latimer !Winchester Staff provided background infonnation and permit history of the Home Church located at the Campbell Shopping Center site on Latimer Avenue and Winchester Boulevard. Following staff's presentation, Home Church made a brief presentation informing the City Council of their plans. Interim Director Fierro presented several alternatives that the City Council might consider. Following discussion, it was the consensus of the City Council to direct staff to proceed with a market analysis and move forward on the temporary use permit process. 2. Oral Requests There were no Oral Requests. (!-v.'/-,y,-o.AAß --A b.j / ( ~C~ 7 -c.¡ -C/t) 9~ -;¿~~~ Some of the groups that use our buildings at no cost. Kiwanis every month for their board meetings. Neighborhood Watch (they were fearful of meeting in their own neighborhood. Proj ect Crack Down Boy Scouts every week Cub scouts every week Voting station Campbell Presbyterian Church for Harvest Festival and Christmas Dinners for their leadership. Twelve step program Many other community programs through the year We give out over 100 bags of food weekly to Campbell residents. Over the years we have partnered with the city and community through: Hosting the Highway 85 grand opening. Hosting Campbell's 40th Birthday celebration. Working with neighborhood cleanup and graffiti abatement programs. Working with the parks dept. and community center on misc. work projects (planting, painting, sprinklers, rebuilding benches, etc.) Involvement with the Campbell Prune Festival. Christmas Tree Lighting. Police Chaplaincy. Member of the Campbell Chamber of Commerce for many years. City Council Study Session Campbell Shopping Center April 4, 2000 · Introduction Fierro (2 minutes) · Permit History Irani (4 minutes) · Polîcy Issues Fierro (4 minutes) · Presentation by Home Church Pastor Zien (10 minutes) · City Council Questions and Answers Mayor Kennedy (10 minutes) Øit~f· CITY COUNCIL AGENDA 8= City of Campbell, 70 North First Street, Campbell, California CITY COUNCIL STUDY SESSION TUESDAY, APRIL 4,2000 - 6:45 P.M. 70 N. FIRST STREET - RALPH DOETSCH CONFERENCE ROOM CALL TO ORDER 1. Proposed Redevelopment of Campbell Shopping Center @ Latimer/Winchester 2. Oral Requests ADJOURN City of Camp hell Community Dcvelopmcnt Dcpat1mcnt To: Mayor Kennedy and Members ofthe City Council From: Sharon Fierro, Interim Community Development Director Date: April 4, 2000 Subject: Campbell Shopping CenterlHome Church Expansion Background On February 23, 2000, the Home Church filed an application to expand the church to a recently acquired tenant space in the Campbell Shopping Center located at 1765 S. Winchester Boulevard. The site is designated Commercial on the General Plan Land Use Map and is located in the Redevelopment Project Area. Since the early 1980's, the Church has acquired many of the parcels that make up the Campbell Shopping Center, see attached map. The Community Development Department has advised them that a change in use of this site would require an amendment to the General Plan fÌom Commercial to Public Facilities, a significant change in policy for this site. The Home Church has discussed master plan concepts with staff but they have indicated that they are not ready to move fOlWard at this time because they do not own two remaining parcels of land in the center. Restrictive parking and access covenants prevent building outside the existing building footprints. The Church has indicated that while they are not ready to move fOlWard with the Master Plan approval process, they would like to occupy the portions of the Shopping Center that are already under their ownership and to use it for church purposes. Currently, the only use that is legally established on the site is the sanctuary itself. The youth facility was originally approved in 1988 for an initial two-year period, and subsequently extended by four years. This use permit expired in 1994. Policy Considerations Because this project raises significant policy issues for the City, Staff has asked the Church to participate in this study session to allow the Council members to identify policy considerations before the Church invests significant resources in development of a master plan. The expansion of church functions to the remainder of the site will remove them fÌom the property tax rolls and affect the potential for tax increment revenues. It will result in the loss of existing and future retail sales tax revenues for buildings used for church functions. City Council Study Ses~.vn Campbell Shopping Center/Home Church April 4, 2000 Next Steps If the City Council is interested in considering an amendment to the General Plan to allow this commercial center to be converted to Public Facilities and allow the development of a large church complex at this site, staff recommends that a Market Analysis be required as a preliminary step to determine that fiscal impacts to the Community. Attachments: 1. Chronology of Events 2. Map illustrating Home Church ownership of property at the Campbell Shopping Center 3. Letter fÌom the Redevelopment Agency Executive Director concerning Church expansion, dated 6-30-88 Page 2 Chronolo2Y of Events- Home Church June 2, 1981 June 30, 1988 July 12, 1988 I August 9, 1988 August 16, 1988 September 13, 1988 September 20, 1988 The Planning Commission grants a Use Permit (UP 81-11) on property located at 1711 S. Winchester Blvd. (Parcel No.7) for the conversion of a vacant supermarket building to a church. Memorandum from Kevin Duggan, City's Redevelopment Agency Executive Director and City Manager, indicating that the economic. potential for redeveloping the shopping center as an effective retail and I commercial use is positive and that a temporary expansion of the church for the youth center activities would not hinder the future objectives of the Redevelopment Agency to revitalize the center for retail and commercial uses, but a permanent and expanding church operation could foreclose the City's and Redevelopment Agency's flexibility regarding redevelopment of the property. The Planning Commission reviews the Use Permit application (UP 88- 07) for the establishment of the youth center use to be located in an existing 4,080 square foot commercial building in the Campbell Shopping Center on properties located at 1739-1757 S. Winchester Blvd. (Parcel Nos. 9 and 10). The Planning Commission requires that the applicant prepare an Environmental Impact Report (EIR) to address I concerns regarding on-site parking and circulation, compatibility of uses I and the fiscal impact of the use in a general commercial zone. Determination of the Use Permit is continued pending submission of an EIR. Public testimony is given by many business and property owners within the shopping center and from surrounding neighbors concerned about the expansion of the church on commercial property. Home Church files an appeal of the Planning Commission decision requiring an Environmental Impact Report (EIR) for the Use Permit. Home Church addresses traffic concerns by providing a parking study. The City Council overturns the Planning Commission decision and determines that an Environmental Impact Report (EIR) is not necessary in conjunction with the Use Permit application for the youth center. The Planning Commission grants Home Church approval (Resolution No. 2546) of the Use Permit to allow establishment of the youth center for a period of two (2) years to expire on September 13, 1990. An appeal is filed by business and property owners of Campbell Shopping Center requesting that the City Council overturn the Planning Commission's approval of the Use Permit and deny the application for the youth center. Home Church - Chrono.vgy of Events Page 2 October 20, 1988 The City Council upholds the Planning Commission decision to conditionally approve the Use Permit (UP 88-07) for the youth center, subject to a one-year review by the City Council. The Use Permit approval is granted for a two-year period and the expiration date of the Use Permit is extended to October 20, 1990. November 7,1989 The City Council notes and reviews the one-year revIew. No ! complaints are filed regarding operation of the youth center. I I I October 23, 1990 The Planning Commission grants Home Church approval (Resolution I No. 2705) of a Modification (M90-18) to the previously-approved Use i Permit (UP 88-07) to allow a 4-year extension of a youth center use that expires on October 23, 1994. February 23,2000 Home Church submits an application for a Use Permit for the establishment of a multi-purpose room on property located at 1765 S. Winchester Blvd in a C-2-S (General Commercial) zoning district. March 15, 2000 Planning Staff determines that the Use Permit application is incomplete and sends letter to Home Church explaining that additional information is needed to complete the application. March 16, 2000 Planning Staff sends a follow-up letter to Home Church explaining that the Use Permit application cannot be approved until approval of a General Plan Amendment and Zone Change are granted to allow I expansion of the church use on the property. Home Church Property Ownership The Home Church has acquired properties located within the Campbell Shopping Center on the northwest corner of W. Latimer Avenue and S. Winchester Blvd. The shopping center is located within a C-2-S (General Commercial) zoning district and has a General Plan land use designation of commercial. The tax assessor's records indicate that the following properties are currently owned by the Home Church: Address 1711 S. Winchester Blvd. 1739 S. Winchester Blvd. l755-1757 S. Winchester Blvd. 1763-l765 S. Winchester Blvd. 1799 S. Winchester Blvd. (office building) Parcel No. Parcel No.7 Parcel No.9 Parcel No. 10 Parcel No. 11 Page 53, Parcel Nos. 1-19 Date Acquired 12/10/85 8/31/88 8/31/88 4/2/99 12/2/88 ."'" .Of·C"''4À f ..~~ $~~ i!' ,,' ·O"CHA~O "'........, CITY OF CAMPBELL Community Development Department· Current Planning Mr. Jimmy Zien Home Church 1799 S. Winchester Blvd. Campbell, CA 95008 March 16,2000 RE: Use Permit application (pLN2000-24) for conversion of a commercial tenant space into a multi-purpose room for the Home Church Dear Mr. Zien: In conjunction with the letter sent to you on March 15, 2000 by the City of Campbell Planning Division, the Planning Division has also determined that additional applications will be required for any uses on the subject property that propose to expand the activities associated with Home Church. Currently, the property is located within a C-2-S (General Commercial) zoning district. Any uses associated with the church, including the proposed multi-purpose room, are permitted only in a P-F (Public Facilities) zoning district. Therefore, before approval of a multi-purpose room in association with the church can be approved, approval of a General Plan amendment from a "Commercial" land use designation to a "Public, Semi- Public" land use designation and approval of a Zone Change from a C-2-S to a P-F zoning district is required. Please find enclosed a copy of the P-F zoning ordinance and applications for a General Plan Amendment and Zone Change. Should you have any questions regarding the above- referenced matter, please feel free to contact me at the Community Development Department at (408) 866-2142. Sincerely, OÆ(·Y~. Aki R. Irani Planner I cc: Sharon Fierro, Interim Community Development Director File 70 North First Street· Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 ~I· Home II!IChurch 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 Aki R. Irani Planner I City of Campbell 70 N. First 81. Campbell, Calif. 95008 RE: Use Permit application (PLN2000-24) for conversion of a commercial tenant space into a multi-purpose room for the Home Church Dear Aki: This is a follow up letter in response to your letter dated March 15, 2000 requesting additional information. I hope that the following information will be adequate. 1. The proposed project in reality is proposed in its current configuration. The facility has already been remodeled and has passed all inspections including fire. This room was built to be used as a multi-purpose room. Multi-purpose meaning to be used as small classes, meetings such as Kiwanis, scouts, support groups, church dinners, etc. The main room is approximately 2500 sq .ft. Which would all be used for church use. We have no set times of operations for this facility. It would be used as needed and would not be used before 8:00 a.m. or after 10:00 p.m. We do have some classes that start at 8:00 a.m. and we normally end all evening meetings and classes by 9:00 p.m. Normal occupancy load would be 30 people up to 100 people for special events. 2. Project summary is attached. 3. Scaled plot plan attached. 4. Photos attached. Sincerely A non-denominational Bible teaching church working to preserve the home and family ~ mc$7fTl/iolo{trwt Of·C.4'4 . À "....~.. ~~ ... \"" U r'"' . . '" ... $ "- ~. ,,' °otc H A \\.'0. CITY OF CAMPBELL Community Development Department· Current Planning Mr. Jimmy Zien Home Church 1799 S. Winchester Blvd. Campbell, CA 95008 March 15,2000 RE: Use Permit application (PLN2000-24) for conversion of a commercial tenant space into a multi-purpose room for the Home Church Dear Mr. Zien: The Community Development Department has completed review of your application for a Conditional Use Permit (PLN2000-24) on property located at 1765 S. Winchester Blvd. and has determined that the proposed application is incomplete. The Planning Division requires that additional information be submitted to determine whether a Use Permit application is the appropriate application to be submitted for the proposed multi-purpose room and for further review of the application. Please provide the following information at your soonest convenience so that we may proceed with the review of your proposal and to determine that the Use Permit is the appropriate application to be submitted: 1. A written description of the proposed project, including the proposed use of the multi- purpose room, how the proposed multi-purpose room will be used in conjunction with Home Church, the proposed square footage to be converted ITom commercial to multi- purpose room uses, the hours and days of operation, number of employees or people to occupy the building at anyone time, and any other information that will describe the potential intensity of use at the site. 2. Attachment A of the Use Permit application that provides a Project Summary of the proposed project (See attached). 3. Scaled Plot plan, floor plan, and elevations (if any architectural changes are being proposed) indicating the location of the proposed project site, the intended use within the tenant space and proposed elevations, if any architectural modifications are being proposed. These plans should include information as requested under Attachment A of the application (See attached). A total of 7 full-sized plans and 15 reduced sized plans (11" x 17") should be submitted. 70 North First Street· Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 PLN2000-24 - 1765 S. Winchester Blvd. Page 2 4. Photographs of the shopping center indicating the condition of the tenant space and surrounding tenant spaces. Please submit the above-referenced information at your soonest convenience so that the Planning Division may re-review the application and determine its completeness. Should you have any questions regarding the above referenced comments and/or need additional information, please do not hesitate to contact me at the Community Development Department at (408) 866-2142. Sincerely, {Ùél'~~~ Aki R. Irani Planner I cc: Sharon Fierro, Interim Community Development Director File .£. Home II!J Church 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 Ms. Sharon Fierro Senior Planner City of Campbell 70 North First Street Campbell, CA 95008-1423 n ~ If' ~ Fp'I nr~'j ¡- . Jt\\ f6 ~ ~J: ~ V ~ LJ) fR·... ; ~. ~',\:, fEr:. 1'1""\". .~ .2 1999 ,,'{ hit"; \\ '" -- Ij ... ; . ~~..~ u \.I b..c./ . . ...\ .. May 12, 1999 .. , 1 2 1999 CITY OF CAMPBElL rnll:,~~I\.~~¡¡'~ DC'PI ~ 1oJ:\JI'4;t"l:n~q L . Dear Sharon, We appreciated the opportunity of meeting with you and Kirk yesterday and reaching the understanding that your redevelopment ideas and ours for the property in discussion are compatible. As a condition of your approval for our "Use Permit" you requested that we declare our intent to commit the major portion of the Winchester frontage to commercial use after we acquire the remaining parcels owned by Chu and Labrador. As we stated in the meeting and in our Development Concept given to you, this is our intent. You also requested that we facelift the portion we own and that we improve the area behind the buildings. We will provide conceptual drawings for your review to work towards securing a design that meets with your approval. We will have preliminary drawings within the next few months and anticipate completion of the facelift renovation within 12 months as you requested. The time is right to see a new look in this center that conforms to the uniqueness of Campbell as a community. At Home Church we are convinced that we can assist the city leaders in providing a place of moral guidance and safe recreation for our youth and adults. Thank you again for your support and cooperation. We look forward to a successful working relationship with you and your staff. Sincerely Yours, ~~;t. ~ Michael L. Kiley Chairman of the Board of Directors cc: Jimmy L. Zien, Associate Pastor and Facilities director A non-denominational Bible teaching church working to preserve the home and family fjJ rr.J~dlrlDl ~~~-,-----,.- Of'C"tIt ".....~À~~ ... \"" U . r'"' . . ,..;, : .. $ "- ~·o ~.... .t C H Â tl°' CITY OF CAMPBELL Community Development Department· Current Planning October 14,1999 Mr. Jimmy Zien Home Church 1765 S. Winchester Blvd. Campbell, CA 95008 Re: Plan Check 99-857 Tenant improvement-Retail Space 1765 S. Winchester Blvd. Dear Mr. Zien : The Planning Division has reviewed your plan submittal of October 5, 1999, for the interior improvements of a 2700sq. ft. retail space on the referenced property. Upon a review of the plans the following restrictions would apply: I) The subject property is zoned C-2-S (General Commercial) and allowed uses are those permitted in section 21.24.040 of the Campbell Municipal Code; 2) The floor plan needs to be modified to reflect a retail use permitted within the C-2-S District. Bookstores require a conditional use permit. Additionally, any fixed fixtures and partitions will require building permits; 3) It is understood that this is an interim use of this space during the church's exploration of a master plan for this shopping center; and 4) This area shall not be use for assembly purposes. Please contact Sharon Fierro, if you should have any questions regarding these restrictions. She may be reached at (408) 866- 2141. ~~ TIm 1. Haley Associate Planner cc: Steve Piasecki, Community Development Director Bill Bruckart, Building Official f'~ 70 North first Street· Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 .£ Home I!IChurch 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 October 5, 1999 Steve Piasecki City of Campbell Community Development Department 70 North First Street Campbell, CA 95008 To Steve Piasecki: Reference: 1765 S. Winchester Blvd., Campbell, CA 95008; Permit # 99857 V@ This is to acknowledge our conversation that this facility is to be used temporarily as 'ookstore and for related activities pending submission of our Master Plan. Date: /0 ---5 -7,7 Date/O -s -77 A non-denominational Bible teaching church working to preserve the home and family f¡j Dir""wJø/.1IWI '"~-~-~--'."-~~"'-"~~-~"¥'~~'~."~._'~-'--~"'.~;-'----~._.,~,._--_..__._..."---,---_.^---"--_..._-"-,.", Of' Ct-it t~. p+~ '" .. '$ ..... 00 , " f)RCH¡\\\.\) ._~._~----~----~----_._- CITY OF CAMPBELL Community Development Department· Current Planning Pastor Jimmy Zien Home Church 1799 S. Winchester Blvd, suite 100 Campbell, CA 95008-1151 Subject: Plan Check Number 99857 1765 S. Winchester Boulevard , Dear Pastor Zien, We are returning plans received for building permits to expand church activities into the tenant space at l765 S. Winchester Boulevard. We are processing a refund for the plan check fees paid for this application. Per our earlier discussions with you, we can only process building permit plans for minor maintenance of the existing buildings. I understand from the Community Development Director Steve Piasecki, that you are finalizing your Master Plan for the site in preparation for a City Council study session. Upon approval of the master plan by the Council, building permit plans may be submitted for expansion, consistent with the Council's determination. Please let us know if we can be of further assistance. Sincerely, fi~ Sharon Fierro Senior Planner 70 North First Street· Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 .4 Home III!J Church 1799 South Winchester Boulevard, Suite 100. Campbell, CA 95008-1151 . (408) 370-1500 ~A cri-JD Ms. Sharon Fierro Senior Planner City of Campbell 70 North First Street Campbell, CA 95008-1423 April 6, 1999 Dear Ms. Fierro, This is to advise you of the recent change of ownership of the "Golden Chopsticks" restaurant acquired by the Home Church as part of the expansion plans discussed with your department in July of 1997 (Ref: The Home Church Site Development study prepared by the Vern H. Delgatty Architectural firm). The newly acquired facility will be utilized for banquet facilities, seminars and church related classroom teaching. We respectfully request that you add 1765 S. Winchester to our existing "Use Permit" issued to the Home Church. Sincerely Yours, Jimmy L. Zien Associate Pastor and Facilities Director Attachment CC: Corporate File A non-denominational Bible teaching church working to preserve the home and family fi) ",_,_~"".~*~_~,~_"...._.,.~.,.'_,..'_.."".~,._""",~_.,_><,__.,,,""',._......~.__4~~_______,.·, ".""_"__"~__""",_._....,,.,~__.",__,_. " <\. ,l.,~.O,(.CA4t/.><9 !:::: ~ u ,... . . '" '" $ "- " ,-,' ·O.qCH.I'I.V-O· Date: April 20, 1999 MEMORANDUM To: Barbara Ryan Kirk Heinrichs ~ From: RE: Home Church Application P A-99-20 This shopping center is within the Redevelopment Project Area and is zoned for commercial use. Expansion of church uses is contrary to goals and objectives of the Redevelopment Plan to increase the City's tax base, eliminate physical and economic blight and reserve the City's commercial land for commercial uses. The Agency recommends against any expansion of the church without considering a master plan for the shopping center and demonstration of the community benefits of how this project is furthering redevelopment goals for the area. diHÔl\Œ CHURCH 1799 South Winchester Boulevard, Suite 100 . Campbell, California 95008 . (408) 3 70~ 1500 Home Church Community Involvement These are some of the groups that use our buildings at no cost. Kiwanis every month for their board meetings. Neighborhood Watch (they were fearful of meeting in their own neighborhood.) Project Crack Down. Boy Scouts every week. Cub scouts every week. Voting station. Campbell Presbyterian Church for Harvest Festival and Christmas Dinners for their leadership. Twelve step program. Many other community programs throughout the year. Over the years we have partnered with the city and community through: Police Chaplaincy for last seven years. We give out over 100 bags of food weekly to Campbell residents. Hosting the Highway 85 grand opening. Hosting Campbell's 40th Birthday celebration. Working with neighborhood cleanup and graffiti abatement programs. Working with the parks dept. and community center on misc. work projects (planting, painting, sprinklers, rebuilding benches, etc.) Involvement with the Campbell Prune Festival. Christmas Tree Lighting. Member of the Campbell Chamber of Commerce for many years. Member ofthe Kiwanis. Home. . . where friends never meet for the last time Site Development Study The Home Church Campbell, CA Prepared by: Vern H. Delgatty Architect Inc. 51 E. Campbell Ave. Camp bell, CA 95008 August 1997