Use Permit - 1988
RESOLUTION NO. 2705
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A
PREVIOUSLY APPROVED USE PERMIT ALLOWING A FOUR-YEAR
EXTENSION OF A YOUTH CENTER ON PROPERTY LOCATED AT
1739-1757 SOUTH WINCHESTER BOULEVARD (APPLICATION OF MR.
TIM BAKER, M 90-18).
After notification and public hearing as specified by law on the
application of Mr. Tim Baker for Modification of a previously approved
Use Permit to allow a four-year extension of the youth center on
property located at 1739-1757 South Winchester Boulevard in a C-2-S
(Generl Commercial) Zoning District, as per the application filed in the
Planning Department on October 3, 1990; and, after presentation by the
Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all the evidence presented, the Planning
Commission did find as follows:
1. Limiting the use for a period of four years provides the
opportunity to review the continued compatibility of the youth
facility in relation to other uses in the shopping center.
2. There are no immediate plans to redevelop the shopping center.
3. The youth center is able to share use of parking facilities with
the retail uses in the shopping center.
4. The youth center has not had an adverse traffic impact, and is
adequately served by existing streets.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
1. The establishment, maintenance, and continued operation of the
youth facility for a four-year period will not be detrimental to
the public health, safety, peace, morals, comfort or general
welfare of person 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.
2. The shopping center site is adequate in size and shape to
accommodate the yards, wall, fences, parking and loading
facilities, landscaping and other development features required in
order to integrate said use with retail uses in the shopping
center.
3. The shopping center site is adequately served by streets of
sufficient capacity to carry the kind and quantity of traffic such
use would generate, which is equal to or less intense than the
adjacent retail uses.
Resolution No. 2705
October 23, 1990
page two
4. The temporary youth center use is compatible with other uses in
the area.
Based on the above findings, the Planning Commission does hereby grant
the requested Use Permit, subject to the following condition:
The use is for a period of four years from the date of approval by
the Planning Commission, or if appealed, four years from the date
of approval by the Planning commission.
The applicant is notified as part of this application that he/she is
required to comply with all applicable Codes and/or Ordinances of the
City of Campbell and the state of California which pertain to this
development and are not herein specified.
PASSED AND ADOPTED this 23rd day of October 1990, by the following roll
call vote:
AYES:
NOES:
ABSENT:
commissioners:
commissioners:
Commissioners:
Higgins, Fox, Dougherty, Wilkinson, Perrine
None
Alne, Meyer
APPROVED:
Jav R. Perrine
Chairman
ATTEST:
Steve Piasecki
Secretary
Planning Commission Minutes page 1 of 1
October 23, 1990
M 90-18
Baker, T.
Public Hearing to consider the application of Mr.
Tim Baker, on behalf of the Home Church, for approval
of a modification to a previously approved Use Permit
to allow an extension of an approval for a youth
center in a portion of an existing shopping center on
property located at 1739-1757 South Winchester
Boulevard, in a C-2-S (General Commercial) Zoning
District. APN: 305-21-009 and 010.
Chairperson Perrine read the Application into the record.
Principal Planner, Phil Stafford, reviewed the Application and
discussed the Staff Report and the background of the previous
approval, which was conditioned to require the applicant to return to
the Commission to extend the youth center use beyond two years. He
noted the following:
Revised findings were distributed at this meeting
That the use will expire on November 7, 1990
The request is for an extension of four years
No complaints have been received
Redevelopment Department currently has no plans to modify or
change the shopping center
Planning Department Staff is supportive of the requested
extension.
commissioner Dougherty asked if the staff had visited the site and
reviewed the operation, and Mr. Stafford responded that they had and
reaffirmed Staff's support of the request.
The Chairperson declared the Public Hearing on M 90-10 open.
ON MOTION OF COMMISSIONER WILKINSON, SECONDED BY COMMISSIONER FOX, IT
WAS UNANIMOUSLY ORDERED THAT THE PUBLIC BEARING BE CLOSED.
M/S: Wi1kinson, Fox
MOTION TO ADOPT RESOLUTION NO. 2705, APPROVING
THE APPLICATION OF MR. TIM BAKER FOR A
MODIFICATION OF THE PREVIOUSLY APPROVED YOUTH
CENTER EXTENDING THE USE AN ADDITIONAL FOUR
YEARS TO NOVEMBER 7, 1994, ON PROPERTY LOCATED
AT 1739-1757 SOUTH WINCHESTER BOULEVARD, WAS
UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL
VOTE:
AYES: Commissioners: Higgins, Fox, Wi1kinson, Dougherty, Perrine
NOES: Commissioners: None.
ABSENT: Commissioners: AIne, Meyer
* * *
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF OCTOBER 23, 1990
M 90-18
Baker, T.
Public Hearing to consider the application of Mr. Tim
Baker, on behalf of the Home Church, for approval of a
modification to a previously approved Use Permit to
allow an extension of an approval for a youth center in
a portion of an existing shopping center on property
located at 1739-1757 South Winchester Boulevard, in a
C-2-S (General Commercial) Zoning District.
APN: 305-21-009 and 010.
STAFF RECOMMENDATION
That the Planning Commission take the following actions:
1. ADOPT A RESOLUTION, incorporating the attached findings,
subject to the attached Conditions of Approval, approving the
Use Permit, allowing extension of the approval for a youth
center facility.
2. This application is categorically exempt, therefore no
environmental action is necessary.
APPLICANT' S PROPOSAL
The applicant seeks modification to a previously approved Use
Permit to allow a four year extension to continue operating a
youth center facility.
PROJECT DATA
Gross Floor area: 4,000 square feet
Parking:
Required: 85
Provided: 78
Deficit: 7
The use has operated for the past two years in its present
location. Staff feels the available parking is sufficient to
continue serving the use.
BACKGROUND
On October 20, 1988, the Planning Commission approved the Home
Church's application for a Conditional Use Permit, allowing the
establishment of a 4,000 square foot youth center facility in a
portion of Campbell Shopping Center located adjacent to the Home
Church. The Conditional Use Permit approval was valid for a
two-year period and the will expire on November 7, 1990.
GENERAL PLAN AND ZONING CONSISTENCY
A. General Plan Desiqnation:
commercial uses. The use
Plan.
The site is designated for
is consistent with the General
staff Report M 90-18
-2-
October 23, 1990
B. Zoning Desianation: The site is zoned for general
commercial, however, a quasi-public use, such as a youth
facility is permitted in any zoning district with approval of
a Use Permit. The proposal is consistent with the zoning.
RECOMMENDATION /SUMMARY
Staff finds the proposal is consistent with the General Plan and
Zoning designation. Staff feels that the use has proved
successful and continued operation of the facility is acceptable.
Additionally, in the past two years of operation, no complaints
have been received regarding the use. Therefore, Staff is
recommending approval of the modification to allow a four-year Use
Permit.
* * *
Attachments:
1. Findings
2. Conditions
3. Exhibits
4. Applicant's Letter
5. Minutes U 17
Submitted by: ~/~/ ~~-~~
L- . .
Glorla M. SClara, Planner I
Approved by:
Steve Piaseck~
Planning Director
FINDINGS FOR APPROVAL OF M 90-18 (UP 88-07)
SITE ADDRESS: 1739, 1755 & 1757 SOUTH WINCHESTER BOULEVARD
APPLICANT: TIM BAKER
PLANNING COMMISSION MEETING OF OCTOBER 23, 1990
1. General Welfare: The establishment, maintenance or operation of
the use applied for will not be detrimental to the 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.
2. site Size and ShaDe: The proposed site is adequate in size and
shape to accommodate the yards, walls, fences, parking and loading
facilities, landscaping and other development features required
in order to integrate said use with uses in the surrounding area.
3. Traffic: The proposed site is adequately served by streets of
sufficient capacity to carry the kind and quantity of traffic such
use would generate.
4. Use: The proposed temporary use is compatible with the uses in
the area for the specified time period.
5. General Plan: The use is essential or desirable to the public
convenience or welfare, and is in harmony with the various
elements or objectives of the City's General Plan.
CONDITIONS OF APPROVAL FOR FILE NO. M 90-18 (UP 88-07)
SITE ADDRESS: 1739, 1755 SOUTH WINCHESTER BOULEVARD
APPLICANT: TIM BAKER - HOME CHURCH
P.C. MTG. DATE: 10/23/90
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 Laws of the state of
California. Additionally, the applicant is hereby notified that he/she
is required to comply with all applicable Codes and Ordinances of the
City of Campbell and the State of California, which pertain to this
development and are not herein specified.
1. The use is for a period of four years from the date of approval by
the Planning Commission, or if appealed, four years from the date
of approval by the City Council.
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
October 25, 1990
Tim Baker
The Home Church
1711 S. Winchester Blvd.
Campbell, CA 95008
RE: M 90-18/UP 88-07
Dear Mr. Baker:
Please be advised that the Planning commission at its regular
meeting of October 23, 1990, approved Modification 90-18
allowing a 4 year extension of the youth center facility located
at 1739, 1755, 1757 S. Winchester Boulevard, subject to the
attached conditions of approval.
The modification becomes effective 10 days following the
Planning commission date.
If you should have any further questions regarding this
information, please do not hesitate to contact me at 866-2140.
Sincerely,
øt7/~J ;¡:C~~A-
v Gloria Sciara
Planner I
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c:memo/p15
cc:
Fire Department
Redevelopment Agency
Public Works Department
Building Department
Vintage Properties
115 Calvin Place
Santa Cruz, CA 95060
Planning
October 12, 1990
NOTICE OF 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, October 23, 1990, in the City Hall Council Chambers, 70 North
First street, Campbell, California, for public hearing to consider the
application of Mr. Tim Baker, on behalf of the Home Church, for
approval of a modification to a previously approved Use Permit to allow
an extension of an approval for a youth center in a portion of an
existing shopping center on property located at 1739-1757 South
Winchester Boulevard, in a C-2-S (General Commercial) Zoning District.
APN: 305-21-009 and 10; File # M 90-18.
A Categorical Exemption has been prepared for this project. Plans,
elevations, legal descriptions, and/or other supporting documentation
is on file in the Planning Department, 70 North First Street, Campbell,
California.
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
Planning Office at 866-2140.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE: When calling about this Notice, please refer to
File # M 90-18; Address: 1739-1757 South Winchester Boulevard.
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CITY OF CAMPBELL
MEMORANDUM
To:
Distribution
Date:
October 9, 1990
From:
Tim J. Hale~
Planner II
Subject:
M 90-18 (UP 88-07) - 1739-1757 South Winchester Boulevard
----------------------------------------------------------
On October 20, 1988, the Planning Commission approved the Home
Church's application for a Conditional Use Permit to allow the
establishment of a 4000 square foot youth center facility in a
portion of Campbell Shopping Center. This approval was valid for
two years from the date of the City Council's decision which
upheld the Commission's decision. The Conditional Use Permit
expires November 7, 1990.
The applicant has requested a modification to this approval to
allow this approval on a permanent basis.
Your review and comments regarding the acceptability of use would
be appreciated by October 15. 1990. A copy of the Planning
Commission's resolution is attached. This matter is scheduled for
the Planning Commission meeting of October 23, 1990.
Distribution:
Building Division
Fire Department
Engineering Division
Redevelopment Department
Enclosure: Resolution No. 2546
diHÔME
CHURCH
1799 South Winchester Boulevard, Suite 100 . Campbell, California 95008 . (408) 370~ 1500
October 9, 1990
Mr. Steve Piasecki
Planning Director
City of Campbell
70 North First Street
Campbell, CA 95008
Dear Mr. Piasecki,
We thank you and Marty for the time and advice given
Friday in our meeting. We were really encouraged by
your advice to go for a four-year permit rather than a
permanent one involving obscure proposals and options
for future development. This saves time and expense
for us which strengthens our appreciation for your
department. Attached is our amended letter for your
comment. Please let me know if I can be of any further
help.
TWB/lz
Home. . . where friends never meet for the last time
dlHÔME
CHURCH
1799 South Winchester Boulevard, Suite 100 . Campbell, California 95008 . (408) 370~ 1500
October 8, 1990
Honorable Jay Perrine. Chairperson
City of Campbell Planning Commission
70 North First Street
Campbell. CA 95008
Re:
Renewal of the conditional use permit by the City Council for
located at 1739-1757 South Winchester Boulevard. Campbell, CA
property
95008
Dear Mr. Perrine.
The time of the renewal of our use permit is approaching and we want to
communicate the Home Church's compliance with the conditions listed in
resolution no. 2546 from the Planning Commission as well as to declare our
intentions for continued church use of the property in the future.
The concerns voiced by some of the merchants in the initial stages of the
original application process gave rise to an open invitation by the City of
Campbell to anyone who was negatively affected in any way by the conditional use
permit to notify the city and the church. We have often communicated with both
the city and the other tenants over these past two years, and we have not yet
been made aware of any complaints concerning the conditions of the use of this
property. In addition, we have frequently met with the architectural review
committee and the redevelopment agency and have satisfied all their questions
and requests.
We have been visited by planning commissioners, people from your office, and
many Campbell residents. They all have complimented us for the work we have
done to upgrade and beautify the Campbell Center buildings and landscaping.
Furthermore, we have had several cooperative and productive meetings with the
other owners to discuss plans to enhance the retail revenue of the center.
Finally, the scheduled review and immediate approval of our permit by the City
Council last fall reinforced Campbell's support of our usage of this property.
We have complied with all the conditions, cooperated with all those concerned,
and worked hard to beautify this center. With these facts in mind, we request a
use permit for the next four years for the properties located at 1739-1757 South
Winchester Boulevard, Campbell, California 95008.
These last nine years as a major Campbell church, we have enjoyed the privilege
of contributing to the aesthetic, social, and spiritual development of this city
and we hope to do so for many years to come.
Home. . . where friends never meet for the last time
Page Two
Renewal of conditional use permit
Thank you for your time and consideration of these matters. If you have any
questions or concerns, please do not hesitate to call me at 370-1500.
Sincerely,
~~
~~~
Pastor
JZ/mt
CITY COUNCIL ~1EETING OF NOVEt1BER 7, 1989
I8.INFORMATION ONLY
a) Plannin~ Dept. - One Year Review - Conditional Use Permit to allow the
establishment of a youth center - 1739. 1755 & 1757 S. Winchester'
Blvd. - UP 88-07
r
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
September 28, 1990
Mr. Tim Baker
The Home Church
1711 S. Winchester Boulevard
Campbell, CA 95008
RE: UP 88-07
1739-1757 S. Winchester Boulevard
Dear Mr. Baker:
As you may be aware, the Planning Commission at its meeting of
September 13, 1988, approved your request for a conditional use permit.
This decision was subsequently upheld by the City Council on October
20, 1988, upon appeal.
Condition 15 granted this approval for 2 years or until November 7,
1990. Consequently, if you wish to continue the use of the youth
center in this portion of the shopping center after that date, it will
be necessary for you to obtain approval of a modification to this
previous use permit.
In July of 1990, the City Council adopted a new fee schedule which
imposes a $800 application fee for modifications to approvals. To
initiate a request for modification, the Planning Office should receive
a completed application sheet, a letter of request, and an application
fee. If you wish to make any other changes to your operation, this
application would provide such an opportunity.
As of <this date, the Planning Department is not aware of any problems
or complaints associated with this use.
If you should have any questions, please do not hesitate to contact the
Planning Department at (408) 866-2140.
tjh:lb
c:up88-07
cc: Redevelopment
Enclosures: l) Application Sheet; 2) Fee Schedule; 3) Meeting Schedule
Meeting Date:November 7 t 1989
Category:STAFF REPORT
CITY OF CAMPBELL - COUNCIL REPORT
Item #
Initiating Dept:Planning Department
Tltle.One Year Review - Conditional Use Permit to allow the
'establishment of a youth center - 1739, 1755 & 1757 S.
Winchester Blvd. - UP 88-07
STAFF RECOMMENDATION:
That the City Council note and file this report.
DISCUSSION
BACKGROUND:
The City Council at its meeting of October 20, 1988, approved the
application of The Home Church to allow the establishment of a 4000
square foot youth center in a portion of the Campbell Shopping
Center. This approval was valid for two years and was subject to a
one year review by the City Council.
p
Tenant Parkin~ Plan
Subsequent to the City Council's approval, the Site and Architectural
Review Committee of the Planning Commission approved a tenant parking
plan prepared by the applicant.
MAJOR ISSUES
1) The compatibility of church related uses adjacent to retail uses in an
existing shopping center; and,
2) The shared use of parking facilities where tenants have differing
expectation's and desires for use of those common parking facilities.
ONE YEAR REVIEW
Staff is not aware of any problems related to the establishment of
this youth center at this location. The property owners and tenant
merchant organization have been notified of the City Council review.
Attachment
1) City Council Meeting - Minutes
2) Site Plan ~Q
3) Staff Report, dated oct~ber 18. 1988 _ ... ...
Approved by the Planning Duectorë- ~__.1>..L ~
Steve iasecki, Planning Director
Approved by the City Manager:
Kevin C. Duggan, City Manager
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
Department:
Planning
October 30, 1989
Mr. Tim Baker
Pastor
1711 S. Winchester Blvd.
Campbell, CA 95008
RE: One Year Review (UP 88-07)
1739-1757 S. Winchester Blvd.
Dear Mr. Baker:
As you may recall, the City Council at its meeting of October 20, 1988,
approved your request for a Conditional Use Permit for the establishment
of a youth center on the referenced property. This approval was subject
to a one year review by the City Council.
A one year review of your application has been scheduled for the City
Council meeting of November 7, 1989 at 7:30 p.m. in the City Hall Council
Chambers.
A copy of the agenda report will be sent to you prior to this meeting.
If you should have any questions, please do not hesitate to contact the
Planning Department at 866-2140.
Sincerely,
~~~
Tim J. Haley
Planner II
tjh:lb
cc: Barbara Olsasky, City Clerk
CITY OF CAMPBE~l
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
October 30, 1989
Doug & Ethel Hsu
1435 Kimberly Drive
San Jose, CA 95118
Dear Mr. & Mrs. Hsu:
The City Council at its meeting of October 20, 1988, approved the
application of the Home Church to allow the establishment of a youth
center in a portion of the Campbell Shopping Center. This approval was
subject to a one year review by the City Council.
This review has been scheduled for the City Council meeting of November 7,
1989, at 7:30 p.m. in the City Hall Council Chambers.
If you should have any concerns regarding the continued operation of this
use you may submit written comments to the City Councilor you may wish to
attend this one year review of this use.
If you should have any questions, please do not hesitate to contact the
Planning Department at 866-2140.
Sincerely,
--I~~
Tim J. Haley
Planner II
tjh:lb
cc: Tim Baker, Pastor - Home Church
Barbara Olsasky, City Clerk
CAMPBELL SHOPPING CENTER PROPERTY OWNER LIST:
Fred Sahadi
1901 S. Bascom, Ste 900
Campbell, CA 95008
Mike Hamilton
Hamilton Financial Group
20 S. Santa Cruz Ave. #309
Los Gatos, CA 95030
Paul Medeiros
P & M Land Development Inc.
6709 Front Road
Livermore, CA 94550
Doug & Ethel Hsu
1435 Kimberly Drive
San Jose, CA 95118
Xong L Lu
6907 Sessions Drive
San Jose, CA 95119
Philip Labrador Trustee
1409 Maria Way
San Jose, CA 95117
Home of Benevolence of SJ
251 Llewellyn Avenue
Campbell, CA 95008
Walt Landers
Campbell Center Merchants
1769 S. Winchester Blvd.
Campbell, CA 95008
CITY OF CAMPBELL
MEMORANDUM
From:
Distribution
Tim J. Hale~~
Planner II
Date:
October 24, 1989
To:
Subject: One Year Review (UP 88-07)
1739 - 1757 S. Winchester Blvd.
----------------------------------------------------------
The City Council at its meeting of October 20, 1988 approved the
applicant's request for approval of a Use Permit to establish a youth
center in the Campbell Shopping Center. This approval was subject
to a one year review by the City Council.
If your department has received any complaints regarding this use
or if you feel any concerns should be raised at the City Council's
review of this matter, please inform the Planning Office of such
< concerns by October 31, 1989.
tjh:lb
Distribution:
Redevelopment
Police
Fire
Building
Public Works
/ fþ) ~ ~ Œ D o/J--~M~NT
CITY OF CAMPDEIfi 08-:- :~198<J _____
70 NORTH FIRST STREET ~p ______
C AMP BEL L . C A L I FOR N I A 9 5 Ql¡1J"Y C F" CAM P V' .' ~A.
(408) 866·21 00 PLANNINB C'P'"_· Mf!'
ft^1r µ0
/O/J/~
Department:
Planning
NovembeJ
Mr. Tim Baker
The Home Church
1711 S. Winchester Blvd.
Campbell, CA 95008
RE: UP 88-07
1739-1757 S. Winchester Blvd.
Dear Mr. Baker:
Please be advised that the Site & Architectural Review Committee, at its
meeting of November 8, 1988, conditionally approved the tenant parking plan
as described in your letter of October 27, 1988. This approval is subject to
a six-month review by the Committee.
Additionally, please find enclosed a copy of the Resolution approving your
conditional use permit. The City Council, at its meeting of October 20, 1988,
upheld the decision of the Planning Commission, with the added condition of a
one-year review of the use permit and approval of the tenant parking plan by
the Site & Architectural Review Committee. The Committee's action of November 8,
1988, approved the tenant parking plan.
A review of the conditions of approval indicates that Condition 3 of this approval
has not been satisfied. A landscape agreement is enclosed for your consideration.
This review is in light of the Planning Department conditions and does not indi-
cate satisfaction of the other conditions required by other departments.
Based upon these decisions, the following review periods are required:
1.
A six-month review of the tenant parking plan by the Site
& Architectural Review Committee. (May 9, 1989)
A one-year review of the conditional use permit by the City
Council. (November 7, 1989)
Expiration of the conditional use permit in two years.
(November 7, 1990)
'* 2.
~ 3.
If you have questions regarding this matter, please do not hesitate to contact
the undersigned at 866-2140.
Sincerely,
Arthur A. Kee
~g J~ctor
Tim J. H~~
Planner II
ld
Redevelopment Dept., Fire, Building, City Manager ~
cc:
1ilHÔME
CHURCH
1711 South Winchester Boulevard . Campbell, California 95008 · (408) 370-1500
Apr~l 19. 1989
!'1r, Gary Mylar
John's Grafitt~ N~ght
10525 Garcia lane
G~lroy. CA 95025
SUBJECT: CAR SHOW
Dear Mr. Mylar:
Please be advised that the maJor~ty of the owners of the Campbell
Shopp~ng Center, along with some ot the tenants are not ~n
support ot the car show you have requested. Parking lot use of
this nature requ~res 100 percent ownersh~p approval; therefore,
we must deny your organization use of the parking lot from this
time until further not~ce.
It you have any quest~ons, please don't hesitate to call me at
(408) 370-1500.
Since,elv,
'i:/Í~A---
T~mothy W. Baker
Pastor
TWB:cJg
CERTIFIED
ccs: J. Giunta, Pres~dent. CSC Merchan~s' Assoc,
~ Piaseck~, D~rector of Plann~ng Dept.. city of Campbell
D. Shaver, Treasurer, CSC Merchants' Assoc.
fR( ~~ ~10~ΠW
CI'rf. a" CAMPBELL
PLANNING DEPARTMENT
CITY OF CAMPBELL
LANDSCAPE AGRE~1ENT
FILE it UP 8807
APPLICANT/
OWNER:
the Home Church
SITE ADDRESS:
1739, 1755 & 1757 S. Winchester
Blvd.
DA.TE APPROVED BY
PLANNING ro.r.iISSION:
09-13-88
The applicant/owner of above-referenced property does hereby agree to
the following condition, which was approved as a part of this applica-
tion:
In lieu of the landscaue bond requested
as a condition of the above:'referenced approval,
r do hereby agree to the alternate condition that
the proposed. development as described. above shall
not receive final Building Cep~t clearance
until the landscaping which wëlS required, and
accepted, as a part of such approval has becJl
completely installed and accepted by the Plan-
ning DIrec-..or of the City of Campbell.
Signed:
* Authority:
Date: / / /z't /88
'7 II'
~
*Note: This agrèement shall Ðe signed before a NotaIy by the owner ~
developer or his a.gent, or any person :l3Ving an equitable in-
terest in the development.
SUBSCRIBED AND SPKJRN ro BEFORE HE
THIS Q. ~ DAY OP ,;)o\fC< ffl be ~
19 /S'ì:!;' .
/----..:=:::::::::>
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Hot:.ary ?ub1ic in and J.. the Co t:g
of Santa Clara. Stat:.e of Ca1ifornia_
OFFICIAL SEAL
CARMEN KIPPLE
NOTARY PUBLIC· CALIFORNIA
PR~NCIPAL OFFICE IN
SANTA CLARA COUNTY
111, CommISSIon ¡.p l!o'cÞ :, 1991
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AGREEMENT TO PERMIT MONTHLY FLEA MARKET
AND
ANNUAL CHRISTMAS TREE SALES
IN THE
CAMPBELL SHOPPING CENTER PARKING LOT
Provided that it does not hinder nor disturb the parking requirements of the
regular ministries of the Home Church, we agree to permit the Campbell
Merchant's Association to continue its once-a-month Saturday flea market and
its annual Christmas tree sales. Due to the legalities involved in the Non-
exclusive Use Provision of the Title Policy, we will review this Agreement
again in tw months.
Date 1/ /' 2-7 - fJ/
. Baker, Vice President, the Home Church
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S. Chester Danforth, Sec reasurer,
Walt ~~~~chant's Association
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Date /1- 2 c:r -9"8'
hurch
Date // -;2~- 0 cF
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CITY OF CAMPBE.[·[
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department: Planning
November 11, 1988
Mr. Tim Baker
The Home Church
1711 S. Winchester Blvd.
Campbell, CA 95008
RE: UP 88-07
1739-1757 S. Winchester Blvd.
Dear Mr. Baker:
Please be advised that the Site & Architectural Review Committee, at its
meeting of November 8, 1988, conditionally approved the tenant parking plan
as described in your letter of October 27, 1988. This approval is subject to
a six-month review by the Committee.
Additionally, please find enclosed a copy of the Resolution approving your
conditional use permit. The City Council, at its meeting of October 20, 1988,
upheld the decision of the Planning Commission, with the added condition of a
one-year review of the use permit and approval of the tenant parking plan by
the Site & Architectural Review Committee. The Committee's action of November 8,
1988, approved the tenant parking plan.
A review of the conditions of approval indicates that Condition 3 of this approval
has not been satisfied. A landscape agreement is enclosed for your consideration.
This review is in light of the Planning Department conditions and does not indi-
cate satisfaction of the other conditions required by other departments.
Based upon these decisions, the following review periods are required:
1. A six-month review of the tenant parking plan by the Site
& Architectural Review Committee. (May 9, 1989)
2. A one-year review of the conditional use permit by the City
Council. (November 7, 1989)
3. Expiration of the conditional use permit in two years.
(November 7, 1990)
If you have questions regarding this matter, please do not hesitate to contact
the undersigned at 866-2140.
Sincerely,
Arthur A. Kee
~g J~ctor
TimJ. H%~
Planner II
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cc: Redevelopment Dept., Fire, Building, City Manager
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CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
Department: Planning
November 11, 1988
Brink's One-Hour Cleaners
1763 S. Winchester Blvd.
Campbell, CA 95008
RE: UP 88-07
The Home Church
Dear Business Owner:
At its meeting of October 20, 1988, the City Council conditionally
approved the request of the Home Church to expand its operation
in the shopping center where your business is located. A condition
of that approval required that the Site & Architectural Review
Committee of the Planning Commission approve a tenant parking plan
to insure adequate parking for your business during peak parking
periods for the Church. On November 8, 1988, the Committee approved
the applicant's proposal to designate parking spaces in front of
your business for your customers.
A six-month review of this proposal was requested by the Committee.
Consequently, if you should have problems regarding the availability
of parking during the next six months, please contact the Planning
Office at (408) 866-2140. Your concerns will be forwarded to the
applicant as well as the Site & Architectural Review Committee.
If you have questions regarding this matter, please do not hesitate
to contact the undersigned at 866-2140.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
~~~
PLANNER I I
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cc: Mr. Tim Baker, The Home Church, 1711 S. Winchester Blvd., Campbell
Site & Architectural Review Committee
-~_.-,------.-- ---
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CITY OF CAMI)ßE1L
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
Department:
Planning
November 4, 1988
TO: The Home Church
1711 S. Winchester Blvd.
Campbell, CA 95008
FILE NO: UP 88-07
ADDRESS: 1739 S. Winchester Blvd.
PROJECT DESCRIPTION: Tenant Parking Plan
SITE & ARCHITECTURAL REVIEW
COMMITTEE APPOINTMENT:
Date:
Time:
Tuesday, November 8, 1988
9:15 a.m.
Please be advised that the Site and Architectural Review Committee of the
Campbell Planning Commission will review your landscape plans for the
above-referenced project at the appointment time noted above, in the Planning
Department Conference Room, Campbell City Hall, 70 N. First St., Campbell,
California.
A copy of the Staff Report and recommendation will be mailed to you on Friday,
November 4, 1988. It is necessary that you, or an authorized representative,
attend the scheduled appointment with the Site and Architectural Review
Committee.
If you have questions regarding this matter, please do not hesitate to contact
the Planning Department at (408) 866-2140.
Sincerely,
¿: ¿( ~<--
ARTHUR A. KEE
PLANNING DIRECTOR
Id
ITEM NO. A
CITY OF CAMPBELL
MEMORANDUM
To:
Site and Architectural
Review Committee
Date:
November 2, 1988
From:
Planning Staff
Subject:
UP 88-07 - The Home Church - Tenant Parking Plan
1739 S. Winchester Blvd.
----------------------------------------------------------
STAFF RECOMMENDATION:
That the proposed tenant parking plan be approved.
STAFF DISCUSSION:
As the Site and Architectural Review Committee may be aware, the City Council
upheld the decision of the Planning Commission and approved the application of
the Home Church to establish a Youth Center. One of the considerations imposed
by the Council requires the applicant to have a tenant parking plan approved by
the Site Committee. The purpose of the requirement for a parking plan is to
assure that parking will be available to the commercial tenants when the
Church's parking requirements are high.
The applicant has indicated that signs as shown on the attached exhibit will be
provided for Foo Loo Soo, Brink's Cleaners and the Liquor Store on Sundays,
Wednesdays and for special events. Also, attached is a copy of an aerial
photograph showing the proposed location of the signs. It is the staff's
understanding that the applicant has discussed the proposed location of the
signs with the affected tenants.
* * *
£_the
L:.IHOME
CHURCH
1711 South Winchester Boulevard. Campbell, California 95008 . (408) 370-1500
November 1, 1988
Mr. Kevin Duggan
City Manager
City of Campbell
70 North First Street
Campbell, CA 95008
Re: Home Church 1755/57 S. Winchester Blvd" Campbell, CA
Dear Kevin:
As per my phone conversation with Phil in Planning today, we are
submitting a request for a Building Permit on tne subject
property as we did for our other building in August; i.e. that
the city would be willing to approve the plans for the interior
building prior to the issuance of the Use Permit, and the church
would agree not to use the premises for church related activities
until the Site and Architectural Review Committee meets next
Tuesday, November 8, 1988 and such Use Permit is approved,
The issuance of a building permit will enable the church to take
advantage of contractor help from within the membership of the
church resulting in thousands of dollars saved.
I hope this is satisfactory for completing said application for
building,
Should you need any additional information, please feel free to
contact me or one of my staff.
Sincerely,
JLZ: j d
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CITY CJF CAMPBELL
PLANNING DEPARTMENT
dlHÕME
CHURCH
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1711 South Winchester Boulevard. Campbell, California 95008 . (408) 370-1500
October 27, 1988
Mr. Robert Kass
Director of Redevelopment
City of Campbell
70 No. First Street
Campbell, CA 95008
SUBJECT:
Campbell Shopping Center
Dear Bob:
This letter is intended to outline and clarify any discussions
between our church and present owners of the Campbell Shopping
Center and the Campbell Redevelopment Agency concerning future
redevelopment of the center. We also want to confirm thoughts
which we have expressed to you and other agency members in
discussions some weeks back.
As you know, we have been in our present location nearly eight
years. When we initially requested the use permit for the
building, there was no indication or mention of a concern for the
loss of sales tax revenue. It now appears to be the central
issue in prompting the city to pursue plans to develop the
center's retail potential. The church has always expressed its
intention to grow and develop a community ministry in the City of
Campbell, As you are aware, we have done much to make this
center more attractive and reverse the years of deterioration and
neglect. Since we have invested considerable funds to upgrade
this property, you can understand our growing concern as the
possibility of having to relocate becomes more of a reality.
Since such a relocation would take some time to plan, develop,
build, and move, we would appreciate any assistance you can give
regarding sites that may be available for a facility the size of
ours.
~ ~o~ ~ '~!r~ fD)
CITY OF CAMP8E!..!-
CLAÞJÞJlrJEJ E3~"~NIMt:.NI
Mr. Robert Kass
- 2 -
October-26, 1988
Even though we know that it is going to cause the church to spend
substantial amounts of additional money, we have undertaken the
responsibility of negotiating with the present owners to do so.e
major relandscaping and further improve the aesthetics of the
properties. You will note the significant changes on our
properties within the next few weeks which, we think, will go a
long way toward enhancing the beauty of Campbell. We have agreed
to underwrite the cost so that our people and the people of
Campbell might take pride in this part of their community.
During a previous conversation with City Manager Kevin Duggan, we
had indicated our intention to acquire additional properties in
the center. This would make it easier for a transfer to a master
developer. What has really worked to the detriment of this
center, as you are aware, is the center's multiple ownership and
non-exclusive use of the parking lot provided under the various
deeds. Until the center comes under single ownership, it will be
difficult to accomplish much of any consequence through the
present owners.
As of this week we entered into escrow on the office building at
1799 S. Winchester Blvd. in the Campbell Shopping Center. This
office building is nearly 100 percent leased and by buying it, we
see this as an excellent opportunity to reduce the multiple
ownership problem. Since none of us can foresee the future,
there are many variables that could be introduced. One of these
might be a further compounding of the multiple ownership problem
in the event properties in the center would be sold to new
owners. This would lead to new businesses starting up and then,
within a short period of time, they would be forced to relocate
as the center is redeveloped. We are still not certain of your
timetable, because we understand that there is not sufficient
funds in the city at this time to assist a master developer. If
this is the case, then we foresee years passing before the city
could move ahead on redevelopment.
If it becomes necessary for us to move, we have indicated our
interest in relocating to one of the school sites shown on the
maps you provided. As you know, this would be contingent upon a
master developer being selected for our present site, at which
time it would require the relocation of all present businesses.
Should this relocation need to take place within the next two-to-
three years, it would be imperative that we begin immediate
consideration of future properties as it would be a very
difficult move for a church of this size.
Mr. Robert Kass
- 3 -
October 26, 1988
Further more we see a couple of possibilities regarding a master
developer for the center: One is a developer appointed through
your agency, the other would be the church becoming developer for
the center. If a master developer could not be qualified or if
funds were not available through the city, then we would like to
be considered as the developer candidate for this site; one who
is committed to strengthen and beautify the City of Campbell.
Incidentally, we still believe that the feasibility of developing
the center for joint church-retail use should be a consideration.
Until redevelopment plans become more definite. we will make
every possible effort to maintain harmony within the center, and
continue to improve and upgrade its quality. We would appreciate
being apprised of anything that would have impact on us or the
shopping center.
Best regards,
~
Board of Elders
by Michael L. Kiley, President
MLK: j d
cc: K. Duggan
Members of City Council
Members of Planning Commission
1iHÕME
CHURCH
1711 South Winchester Boulevard. Campbell, California 95008 . (408) 370-1500
October 27, 1988
Mr, Arthur Key
Planning Director
City of Campbell
70 No. First St.
Campbell, CA 95008
Dear Mr. Key:
In accordance with the conditions of our two-year use permit, we
are submitting to you the following information regarding tenant
parking at the Campbell Shopping Center. Attached are the aerial
photographs with sign locations noted and the dimensions and
photographs of the signs.
As you know these stainless steel signs will be used to reserve
parking for Foo Loo Soo, Brink's Cleaners and the Liquor Store on
Sundays, Wednesdays, and any special events that conflict with
their store hours. The maximum length of time needed usually
will be about three hours. The sign for the cleaners and the
liquor store will enable them to reserve two spaces apiece while
the three signs for Foo Loo Soo can reserve up to twelve spaces
(depending on the placement). We also will have a couple of
miscellaneous reserved signs on hand should additional needs
occur.
We expect that this will not only meet the conditions of the use
permit, but also go a long way in strengthening the relationships
here at the Campbell Shopping Center. If I can be of any other
help to you, please don't hesitate to give me a call at 370-1500,
TWB : j d
~~~~~~~~
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Enclosures
CITY OF CAMPBELL
PLANNING DEPARTMENT
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CITY OF CAMPBELL
MEMORANDUM
To:
Site and Architectural
Review Committee
DMe: October 25, 1988
From:
Planning Staff
Subject: Landscape and Parking Plan (UP 88-07)
1739 S. Winchester Blvd.
The Home Church
----------------------------------------------------------
STAFF RECOMMENDATION
Approval, subject to the attached conditions.
STAFF DISCUSSION
At its meeting of September 13, 1988, the Planning Commission approved
the applicant's proposal to allow the establishment of a youth center
in an existing shopping center. Condition 2 of that approval required
the submittal of a landscape and irrigation plan for the Committee's
approval. The applicant, at this time, has submitted a plan for the
Committeee's approval.
The proposed plan indicates the introduction of tree wells and the
planting of 36" box trees throughout the parking area. Some of the
existing standard parking spaces have been modified to allow the
tree wells.
Staff is of the opinion that the proposed landscaping and modification
to parking area striping is acceptable and is recommending approval,
subject to the following conditions.
CONDITIONS OF APPROVAL
1. Applicant to provide evidence of authorization from adjacent
property owner for proposed improvements.
2. Handicapped parking spaces to be designated pursuant to Section
21.50.030(14) of the Campbell Municipal Code.
* * *
CITY COUNCIL MEETING, Uv,JBER 20, 1988
APPEALS
Appeal of Planning
Cammdssion decision -
Condi tional Use pernù t to
allow the establishment of
a youth center - 1739, 1755
& 1757 S. Winchester Blvd.
--uP 88-07
Planning Director Kee - Staff Summary Report
dated 10/20/88.
City Attorney Seligmann - presented a
revised list of proposed findings, as well
as a proposed added condition relative to
the parking plan.
The Mayor invited public discussion on this
issue.
Tim Baker, 374 Surber Drive, San Jose,
expressed concurrence with the proposed
added condition, and the Church's ."
willingness to work with the merchants
regarding parking and appropriate signs.
There being no further discussion by thes
audience, the following motion was entered:
WS: Ashworth/Kotowski - to adopt revised
findings and uphold the Planning ~ssion
decision to conditionally approve the
two-year use permit, with the additional
provision that this use penni t be subject to
a one-year review by the City Council, and
that the applicant sul:lni t a tenant parking
plan indicating assurance of parking
facilities for oommercial tenants for
approval by the Site and Architectural
Review ~ttee. The motion was adopted
unanim::>usly.
(
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
CITY CLERK
October 24, 1988
Ms. Wonattoa
c/o Brinks Cleaners
1763 S. Winchester Blvd. #13
Campbell, CA 95008
The City Council at its regular rœeting on October 20, 1988 considered the
appeal of the Planning Coomission's decision to grant a temporary use
penni t to The Hare Church for establishrrent of a youth center on a portion
of the shopping center property.
Following a discussion of this issue, the City Council unaniIrously voted
to uphold the decision of the Planning Coomission to grant a two-year
conditional use pennit. It is further provided that this use pennit be
subject to a one-year review by the City Council, and that the applicant
submit a tenant parking plan indicating assurance of parking facilities
for c()l1'(1Ercial tenants. This parking plan must be approved by the City of
Campbell Site and Architectural Review Coomittee.
If you should have any questions regarding the City Council's action
regarding this matter, please do not hesitate to contact this office or.
the City Planning Department.
Sincerely,
Barbara Olsasky
City Clerk
cc: Mr. Tim Baker, c/o The Hare Church
Planning Dept. - File #UP 88-07
CITY O,r: CAMPBELL - COUNCIL REPORT
Meeting Date: October 18, 1988
Item #
Category:
APPEALS
Initiating Dept:
Planning
Title:
Appeal of Planning Commission decision regarding Conditional Use
Permit to allow the establishment of a youth center - 1739, 1755
& 1757 S. Winchester Blvd. - UP 88-07.
RECOMMENDATION
That the City Council uphold the decision of the Planning Commission
conditionally approving UP 88-07 for a period of two years.
DISCUSSION
At its meeting of July 12, 1988, the Planning Commission considered the
applicant's proposal to establish a youth center/reception hall in a portion of
the Campbell Center shopping center. At the meeting, the Planning Commission
requested that the applicant prepare a focused environmental impact report for
this application. This request of the Commission was subsequently appealed to
the City Council (meeting of August 16, 1988) where the Council supported the
applicant's appeal and overruled the Commission's request.
The Planning Commission, at its meeting of September 13, 1988, considered the
use permit application to allow the establishment of a youth center/reception
facility in approximately 4,080 sq. ft. portion of the existing shopping
center. A review of the proposed usage and parking requirement is indicated
below:
Use Sq. Footage Req'd Parking
1. Youth area including a platform/stage 1890 48
2. Workshop area 230 1
3. Restroom/Hallway 270 2
4. Serving area 670 17
5. Kitchen 230 2
6. Restrooms/Hallway 480 3
7. Existing barber shop (to remain) 310 2
Total 4080 75
In addition, there is an existing dry cleaning establishment (Brink's Cleaners)
which is not a part of this application but will remain in operation on one of
the, two parcels being acquired by the Home Church. The floor area of this
cleaning establishment is approximately 2000 sq. ft., which will require an
additional 10 parking spaces.
The total parking requirement for the proposed and existing uses to remain is
85 spaces. The total on-site parking available to serve these uses is a total
of 78 spaces. The Commission is of the opinion that the parking that is
available should be sufficient to serve the proposed uses.
UP 88-07
-2-
October 18, 1988
One area of concern regarding this application is that an area that is
currently available for retail uses will become, in effect, a quasi-public
use. The Executive Director of the Redevelopment Agency addresses this concern
in the attached memorandum (Exhibit A). A similar concern has also been
expressed by several merchants in the shopping center.
Another concern expressed by the other merchants in the shopping center is
their ability to continue merchant association activities such as the flea
market, christmas tree lot, and cherry stand to generate association revenues.
The Redevelopment Director recommended that a condition of approval be added
permitting the continuation of such activities, and this condition was adopted
by the Commission.
The Commission concurred with the op1n10n stated by the Executive Director that
since there is no specific plan for the redevelopment of the shopping center at
this time, a temporary approval of the uses proposed by the Home Church i~
acceptable and a two year time limit was also adopted as part of this
conditional approval.
The Planning Commission, at its meeting of September 13, 1988, adopted
Resolution No. 2546 approving UP 88-07, subject to attached conditions (vote:
3-2-2, with Commissioners Olszewski and Christ voting "no", and Commissioners
Stanton and Perrine being absent).
Subsequent to the Planning Commission approval, a letter of appeal was filed by
a group of merchants in the center.
For the Council's information, there have been several petitions and letters
filed on this issue. These items are on file; however, since there are so
many, Staff is providing a summary as follows: Petition signatures opposing UP
88-07 = approximately 891 signatures; Petition signatures supporting UP 88-07 =
approximately 1179 signatures; Miscellaneous letters opposing UP 88-07 =
approximately 5; Miscellaneous letters supporting UP 88-07 = 1. If the Council
wishes to view these documents, they will be available at the meeting.
* * *
Attachments
1. Letter of appeal.
2. Planning Commission minutes of 9/13/88, including Resolution No. 2546 and
conditions of approval.
d}HÕME
CHURCH
1711 South Winchester Boulevard · Campbell, California 95008 . (408) 370~1500
September 26, 1988
[R? Œ (é; Œ n \\n~ f[jì
OCT 2 b 1988 UdJ
CITY OF CAMPBELL
PLANNING DEPARTMENT
Mr. Doug Hsu
Foo Loo Soo
1731 S. Winchester Blvd.
Campbell, CA 95008
Dear Doug,
As I mentioned to you last week, we are planning to improve the parking lot
in front of the stores we recently purchased as well as the lot in front of
the church building.
The improvements will include resealing and restriping the parking area,
upgrading the landscaping in the existing planter areas, adding new
planters and running irrigation pipe. To achieve a uniformity to the
improvements, we would like to carry out the same parking lot improvements
and landscaping theme in the parking lot on your property.
All work would be carried out at no charge to you. We would take full
responsibility for the parking lot surface improvements as well as the
installation and caretaking of landscaped areas on your property.
To do this of course, we will need your approval which you can indicate by
signing below. I believe all of us will be pleased with these improve-
ments.
Sincerely yours,
ÆrHlef4
ard of Elders
for the improvements described above to be carried out by
on my property.
ate í !~/~
MLK:jd
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
Department: Planning
September 23, 1988
Ms. Hua Uong
Brink's Cleaners
1763 S. Winchester Blvd.
Campbell, CA 95008
RE: Planning Commission Minutes
UP 88-07 The Home Church
Dear Ms. Uong:
As per your request, please find enclosed minutes of the Planning
Commission meetings of: July 12, 1988; August 9, 1988; and,
September 13, 1988.
Please note that the minutes of September 13, 1988 are marked "Draft"
and that they will not be final until adopted by the Commission on
September 27, 1988.
If you have questions regarding this information, please do not
hesitate to contact the Planning Department at 866-2140.
Sincerely,
Arthur A. Kee
Planning Direc~or
~~
Linda A. Dennis
Secretary
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CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
CITY CLERK
September 23, 1988
Ms. Wonattoa
Brinks Cleaners
1763 S. Winchester Blvd.
Canpbell, CA 95008
RE: Appeal of Planning Comnission Decision - UP 88-07
This letter acknowledges receipt of the appeal which you filed with the
City Clerk's Office on September 20, 1988 regarding the Planning
Comnission's decision to grant a conditional use permit for property
located at 1739, 1755 and 1757 S. Winchester Boulevard. '!his appeal has
been scheduled for a public hearing before the City Council on O:::tober 20,
1988. The ræeting will be held in the Council Chamber, City Hall, 70 N.
First Street, Carrpbell, California, and will begin at 7:30 p.m.
A copy of the staff sumnary sheet and agenda will be mailed to you prior
to the ræeting. It is advisable that you or an authorized representative
be present at said hearing.
If you should have any questions concerning this matter, please contact
the City Clerk's Office.
Sincerely,
Barbara Olsasky
City Clerk
~ ~~Œ~Vlœ ~
SEP 23 1988
CITV OF CAMPBELL
PLANNING DEPARTMENT
"
CITY OF CANiIJiBEI[
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 20, 1988
Mr. Tim Baker
The Home Church
1711 S. Winchester Blvd.
Campbell, CA 95008
RE: UP 88-07
1739-1757 S. Winchester Blvd.
Dear Mr. Baker:
Please be advised that the Planning Commission, at its meeting of
September 13, 1988, adopted Resolution No. 2546 approving your
request for a Conditional Use Permit to permit the expansion of
your church facilities onto the referenced properties. This
approval is effective September 24, 1988, and is subject to
the conditions indicated in the attached resolution.
If you have questions regarding this matter, please do not hesitate
to contact the undersigned at 866-2140.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
2/7nc YM/¿e;¡
TIM J. HALEY //(
PLANNER II
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cc: Fire Department
Redevelopment Agency
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RL
SEP 2 0 \988
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Brink's Cleaners
1763 S. Winchester Blvd
Campbell, CA 95008 Sept 19, 1988
SUBJECT:
CITY CLERK'S OFFICE
Appeal of Decision of Planning Commission Approval of
Temporary Use Permit, Home Church
TO:
City Council
Campbell, CA 95008
In accordance with Section 21,80.030, Campbell Municipal Code,
the undersigned Property and Business Owners of Campbell Shopping Center,
S. winchester Blvd & Latimer St., wish to appeal the decision of
Planning Commission to grant a temporary Use Permit to Home Church for
a period of two (2) years.
We feel that the seven (7) members of the Planning Commission
after first voting unaminously in favor of a Focused EIR, did a complete
turnabout by dropping the request of a Focused EIR in favor of the Home
Church stilted and biased report. This was a travesty. It was like
letting the Fox guard the chicken house.
The City Code would prohibit the establishment of a restaurant
or like business unless adequate parking was available. Yet Foo Loo
Soo Chinese Restaurant, Winchester Seafood Restaurant, Jersey Cheese
Steak & Pizza Restaurant as well as Winchester Liquor is deprived
adequate parking on Sundays from 0900 to 1500 hours. An unbiased
Focused EIR would bear this out.
We have nothing but good wishes for those parishiners wishing to
partic~te in the services of the Home Church. However, it is evident
that th~·Home Church has already out-grown its facility. Not only is
the Campbell Shopping Center heavily impacted on Sunday, but an over-flow
also occupies the parking facility of Barclays Bank, First Methodist
Church the O'Connor Medical facility across the street from the Methodist
Church as well as available street parking. An unbiased Focused EIR
would bear this out.
Each of the businesses collectively have thousands of patrons.
However, during the normal course of business there is an ebb and flow
whereby all of the patrons do not innundate the entire parking facility
at one specific time as is the case of the attendance of the Home Church
on Sunday from 0900 to 1500 hours. Thereby literaly strangling the
merchants attempt to provide adequate service to their customers. An
unbiased Focused EIR would bear this out.
The Home Church proudly proclaims their parishiners to be in excess
of 2,000. That, in itself, reflects the total inadequacy of present
parking difficulties. This does not reflect future growth and the
devastating consequences such growth would have on the business
community of the center. A focused ErR would bear this out.
It was our belief that the City Council and the Planning Commission
were dedicated to act on the best interest of the community at large.
It is our contention that the Purchase Aggreement for the property
in question was contingent upon approval of a Tet~porarY,Use permit.u Had
a Focused EIR been conaucted and consldered by h~ COffimlSS10n, tne se
Page- two (2)
Appeal, Planning Commision
Sept 19, 1988
Permit more than likely would have been denied and the sale of the
property not consumated.
Prior to the September 13th meeting it was already evident that
the Commission had tentavily approved the Use Permit. The contingency
pulled and escrow closed. We do not accept the reverse logic of the
member of the commission stating that in that the Home Church now owned
the property they should be allowed full use of same.
Much has been said of the petition of seventy six (76) businesses
alleged to have voted against their fellow business owners and in
favor of the Home church takeover of the Campbell Shopping Center.
This must be considered with the proverbial grain of salt.
The "Onward Christian Soldier" approach for the signers of a
petition to allow the Home Church permission for a Use Permit for a
Teen Center did not allow the signers adequate assessment of the effect
said Use Permit would have on the very businesses they may wish to
frequent.
Yet the Commission voted in favor the the Use Permit without
giving weight to the petitions signed by the Senior Citizens of
Wesley Manor, nor the petitions signed by the irate citizens of
Campbell.
We fully intend to utilize whatever means possible to bring this
matter to the attention of the citizens of Campbell and surrounding
areas.
We are adament in our desire for an appeal of the temporary Use
Permit as voted by the Planning Commission on such a slim mærgin. We
further wish to appeal the appeal of the Home Church to disallow a
Focused EIR in lieu of their own study, albeit, impressive though
incomplete, without sufficient depth and definitely biased to reflect
only the best interest of Home Church.
BRINK'S CLEANERS:
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WINCHESTER RESTAURANT:
LEAD PENNEY, SHIRTS:
CHARISMA HAIR STUDIO:
WINCHESTER LIQUORS:
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CITY OF CAMPBELL
MEMORANDUM
SEPTEMBER 13, 1988
To:
Date:
PLANNING STAFF
From:
Subject:
ITEM NO. 2 - THE HOME CHURCH - UP 88-07
1739, 1755 & 1757 S. WINCHESTER BLVD.
----------------------------------------------------------
In addition to the information contained in the Staff Report on UP 88-07, it
should be noted that the applicant had submitted a Traffic Report and a
Petition to the City Council at its meeting of August 16, 1988.
Traffic Report
The Traffic Study, as prepared by Nolte & Associates and presented to the City
Council, addressed some of the concerns raised by the City Council. A copy is
attached to this memorandum for the Commission's review.
Petitions
1.
A petition
Use Permit
August 16,
Commission
entitled "Campbell Establishments Supporting Acquisition of a
with approximately 70 signatures was presented to the Council on
1988. A copy of this petition is available in the file if the
wishes to review it.
2. A petition entitled "We the undersigned, support the expansion of the Home
Church..." with approximately 1,100 signatures was presented to the Council
on August 16, 1988. A copy of this petition is available in the file if
the Commission wishes to review it.
Id
~
r'
RESOLUTION NO. 2546
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PERMIT
ALLOWING THE ESTABLISHMENT OF A YOUTH CENTER
ON PROPERTY KNOWN AS 1739, 1755 & 1757 S.
WINCHESTER BLVD. IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. (APPLICATION OF THE HOME
CHURCH, UP 88-07).
After notification and public hearing as specified by law on the application of
The Home Church for approval of a Conditional Use Permit to allow the
establishment of a youth center in a shopping center on property known as 1739,
1755 & 1757 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning
District, as per the application filed in the Planning Department on June 16,
1988j and, after presentation by the Planning Director, proponents and
opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows:
1. The establishment, maintenance or operation of the use applied for will not
be detrimental to the 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.
2. The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate.
3. The proposed use is compatible with the uses in the area.
4. Limiting the Use Permit to a period of two years will provide an
opportunity for the City to review the compatibility of this use in
relation to other uses in the shopping center.
Based on the above findings, the Planning Commission does hereby grant the
requested Use Permit, subject to the following conditions:
1. Revised elevations and/or site plan indicating changes to the building
exterior to be submitted to the Planning Department and approved by the
Site and Architectural Review Committee and/or the Planning Commission
prior to application for a building permit.
2. Landscaping plan indicating type and size of plant material, and location
of irrigation system to be submitted to the Planning Department and
approved by the Site and Architectural Review Committee prior to issuance
of a building permit.
3. Applicant to either (1) post a faithful performance bond in the amount of
$5,000.00 to insure landscaping, fencing, and striping of parking areas
within 3 months of completion of constructionj or (2) file written
agreement to complete landscaping, fencing, and striping of p~rking areas.
Bond or agreement to be filed with the Planning Department pr10r to
application for a building permit.
~~
~
Resolution No. 2546
~
-2-
UP 88-07
4. All mechanical equipment on roofs and all utility meters to be screened as
approved by the Planning Director.
5. Sign application to be submitted in accordance with prOV1S1ons of the Sign
Ordinance for all signs. No sign to be installed until application is
approved and permit issued by Planning and Building Departments (Section
21.53 of the Campbell Municipal Code).
6. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, wet garbage
and rubbish produced within the limits of the City of Campbell shall be
made with Green Valley Disposal Company. This requirement applies to all
single-family dwellings, multiple apartment units, to all commercial,
business, industrial, manufacturing, and construction establishments.
7. Applicant shall comply with all appropriate State and City requirements for
the handicapped.
BUILDING DEPARTMENT
8. Bathrooms must comply with handicap requirements.
9. Show accessibility to both men's and women's bathrooms from "kitchen" side.
10. Fire corridor is blocked with doors from "youth" side.
11. Tenant improvements plans to be in more detail.
FIRE DEPARTMENT
12. Additional exits are required from the youth center.
13. Kitchen will need to comply with requirements of Uniform Fire Code 10.313
and Uniform Building Code requirements.
14. Provide additional information relative to the use of the "workshop" so
that occupancy group can be determined.
PLANNING DEPARTMENT
15. This Use Permit is granted for a period of two (2) years from the date of
approval by the Planning Commission, or if appealed, two (2) years from the
date of approval by the City Council.
REDEVELOPMENT DEPARTMENT
16. That the applicant provide an agreement, satisfactory to the City Attorney,
which provides for the continued use of the parking area for merchant
association activities.
!:
t
Resolution No. 2546
-]-
UP 88-07
The applicant is notified as part of this application that he/she is required
to comply with all applicable Codes and/or Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 13th day of September 1988 by the following roll call
vote:
AYES:
NOES:
ABSENT :
Conunissioners:
Conunissioners:
Conunissioners:
Kasolas, Walker, Dickson
Olszewski, Christ
Stanton, Perrine
APPROVED: Ronald W. Christ
Chairman
ATTEST: Arthur A. Kee
Secretary
PLANNING COMMISSION Mhb~lNG
SEPTEMBER 13, 1988
UP 88-07
Home Church
Continued public hearing to consider the
application of the Home Church for approval
of a Conditional Use Permit to allow the
establishment of a youth center in a shopping
center on property known as 1739, 1755, and
1757 S. Winchester Blvd. in a C-2-S (General
Commercial) Zoning District.
Principal Planner Stafford reviewed the Staff Report, noting that petitions
indicating 70 business signatures and over 1,100 residents supporting the
Church's request have been submitted to the City Council. In addition, the
Church presented a traffic study to the City Council at its meeting of August
16, 1988. The Council was of the opinion that this traffic study sufficiently
answered questions regarding the parking usages at the site, therefore the
Council determined that an EIR was not necessary as had been required by the
Planning Commission.
Commissioner Olszewski reported that this item was considered by the Site and
Architectural Review Committee. The Committee is recommending approval of the
site plan as presented, which includes some additional landscaping in the
parking area although the building remains unchanged.
Lengthy discussion ensued regarding the parking study which was prepared by
Nolte and Associates. Discussion included the apparent availability of spaces
even with the highest uses; the possibility of a number of vehicles being
parked illegally, and the necessity for an approved parking layout for
comparison with the presented study; and, the number of businesses being closed
on Sunday, thereby allowing additional parking for church use.
Commissioner Olszewski asked about the availability of economic data for this
shopping center.
Planning Director Kee indicated that there may be difficulty obtaining fiscal
information through the EIR report process.
Chairman Christ opened the public hearing and invited anyone to speak on this
item.
Mr. Keith A. Coye, 573 Lytton Ave., Palo Alto, (a customer with Brink's
Cleaners) opposed the use permit request and spoke about the potential erosion
of the business community. Mr. Coye charged the Commission with honoring the
City's commitment to maintain a viable commercial area.
Rev. Michael Kiley, 6415 Bellvue, San Jose 95123, stated that the parking study
was prepared independently by Nolte & Associates; and, briefly reviewed the
parking layout, noting that he is not aware of illegally parked vehicles. Rev.
Kiley continued that the study does reveal an overloading of the parking
facilities during times were there are non-church related activities at the
center.
PLANNING COMMISSION Mß__iNG
SEPTEMBER 12, 1988
THE HOME CHURCH - PAGE 2.
Mr. Julian Ruiz, 671 Hermitage Place, San Jose, spoke on behalf of Sung Loa of
the Winchester Seafood Restaurant, noting that the restaurant is allotted 4
spaces on Sundays from 11:00-3:00 to accommodate customers. This does not seem
fair in that the restaurant has expended approximately $10,000 for parking
spaces.
Mr. Adam Alb, 1757 S. Winchester Blvd., spoke at length regarding the leasing
situation at the center; the church's intention to hold large receptions in the
subject youth center area; the improvements that have been put into the center
by the merchant's association; the methods used to finance improvements (ie.
flea market, christmas tree sales, cherry stand); the lack of cooperation from
the church is participating in the maintenance of the center; the inaccuracy of
the parking study; and, the lack of parking available to the merchants on
Sundays.
Mr. David Williams, 1375 Phelps Ave., #7, San Jose, supported Mr. Ruiz's
statements, noting the amount of capital the businesses have invested in this
commercial center, the difficulties and expenses they would have in moving, and
the responsibility of the City to support the businesses in their endeavors.
Mr. Tim Baker, 374 Surber Dr., San Jose, noted that the Council had determined
that a traffic/parking study was not necessary; however, the Church still
provided the information in hopes of clarifying the situation. Mr. Baker
discussed the amount of money spent in the community by church members; the
revenues indicated for this center by the City's Finance Department; the issue
of the merchant's association and the Church not being allowed to join the
association because they are not merchants; and, the services provided by the
Church (ie. ESL instructors, East Side Outreach program, food bank). Mr. Baker
continued, noting that the Church has not stated they would not renew the lease
for Brink's Cleaners, but rather has taken a "wait and see" stand. He reviewed
the parking usage for various days and uses; noted that the Church has offered
to assist in relocating the barber shop; indicated that the Church provides for
maintenance of their area separately from the businesses; and, in general,
addressed issues presented by previous speakers.
Commissioner Olszewski asked Mr. Baker if he was saying publicly that the
Church is upholding the cleaner's lease up to the four years contracted for,
but that the Church is not willing to commit after that; and, to what extent is
the Church will to help relocate affected businesses?
Mr. Baker responded that this is true. The issue of the lease and relocation
assistance is not really for discussion this evening; however, the Church is
willing to discuss these matters at another time. It is the intent of the
Church to have good public relations with the community.
Mr. Paul Madieros, representing West Side Development, stated that his company
opposes any conditional use permit and requests denial because the two uses are
not compatible and because there is a move afoot to put together a master plan
for redevelopment and the use permit could hamper the redevelopment. If the
Commission feels that it is necessary to approve this use permit, then West
Side Development Co. would suggest the consideration of a 6-month approval
only.
PJ~ING COMMISSION M1~_iNG
SEPTEMBER 13, 1988
THE HOME CHURCH - PAGE 3.
Commissioner Walker indicated that it would appear from statements being made
regarding redevelopment that the Commission did not have full information in
their agenda packets.
Mr. Kee expressed a concern about information being passed out to the
Commission that Staff has not had opportunity to review. If the Commission
would like additional information, it would be appropriate to continue the item
in order that the information could be provided.
Mrs. Dorothy Shattuck, 391 California St., Campbell, expressed a concern that
the flea market use might not be able to continue at this location; and, agreed
that more information regarding the redevelopment should be presented to the
Commission and the public.
Ms. Hua Dong, 2072 S. San Tomas Aquino Rd., Campbell, owner of Brink's
Cleaners, opposed the use permit, noting that the shopping center is not the
right place for the Church or for a teen center. Ms. Dong stated that she is
asking that the Church tell her now if they will be renewing her lease in four
years so that she may make plans for her business.
Mr. Jeff Timby, 755 Crockett Ave., Campbell, supported the requested use permit
so that the church could meet the needs of its membership and the community.
Mr. Carl Miller, 528 Northlawn Dr., San Jose, owner of Jersey's Restaurant,
opposed the use permit, noting that the center should remain commercial. Mr.
Miller asked that the petition listing supporting businesses be struck from the
record because some of the businesses listed were never contacted.
Mr. Chuck Bird, 955 Sonuca Ave., Campbell, noted that additional room is needed
for youth activities and spoke regarding the importance of youth to the
community.
Mrs. Carol Wilson, 454 Queens Ct., Campbell, gave a brief history of the
shopping center, noting that it has not flourished for some time. Mrs. Wilson
stated that the subject petitions were gathered by churchmembers and represent
a great deal of time, work, and love; and, that the churchmembers support the
businesses in this center.
Mr. Rick Wardley, 1287 Colleen Ave., Campbell, spoke in favor of the use
permit, noting that the Church helps hold the community together, and that the
children need a place in which to have activities. Mr. Hardley noted that the
subject store space was empty for some time prior to the Church buying the
property.
Mrs. Carolyn DeAnda, 588 Wade St., Sunnyvale, partner in Winchester Liquors,
opposed the use permit; and, spoke regarding the problems caused by the growth
of the church; the parking situation; the problems which could be caused if the
Church increases it's activities; and, the difficulties she would have in
relocating her business. Mrs. DeAnda submitted a petition (on file).
PLANNING COMMISSION MEb~ING
SEPTEMBER 13, 1988
THE HOME CHURCH - PAGE 4.
Mr. James Olmos, Winchester Liquors, stated that some of the signatures on the
list of businesses supporting the Church were not legal because the signers
were employees - not owners. Mr. Olmos continued that the Church has parked a
bus in front of his store and disembarked children, yelling at them to stay
away from his store; that the petition was gathered illegally by children and
the signers did not know what they were signing; and, that there would be
trouble if this use were to be approved. Mr. Olmos presented a petition (on
file).
Mr. Joe Gentra, Charisma II Salon, opposed the use permit. Mr. Gentra noted
that he was not against the church but that he would like to know that his
business location was on solid ground and that he would not have to move.
Mr. Baker disputed the allegations of the speakers regarding the improper
manner in which the petitions were gathered. Mr. Baker continued that the
situation was fully explained to establishments who signed the petition; that
West Side Development Co. has leased a store space to the Church for ten years
- a space that is restricted to church functions only; and, the Church is only
looking to address a lack of space for youth needs and the purchasing of this
property seemed to be the best approach.
The Commission recessed at 9:25 p.m.; the meeting reconvened at 9:40 p.m.
Mrs. Dimieri, Wesley Manor, Campbell, questioned whether or not a shopping
center with liquor stores and pizza parlors was really the most appropriate
place for youth activities.
Mr. Larry Langusto, churchmember, noted that business is not made on the terms
of a lease, but rather by customer satisfaction - and customers would follow a
business. He asked why this center is proposed for redevelopment if it is as
vital as indicated by the merchants.
Mis: Olszewski, Walker -
That the public hearing on UP 88-07 be
closed. Motion carred unanimously (5-0-2).
Discussion
Commissioner Dickson stated that the issue is a request for a use permit, and
the ordinance allows church uses in any zoning district with an appropriate use
permit. The Church has demonstrated that it is a compatible use since 1981.
Commissioner Dickson expressed a concern about how much the extra activities
(flea market, car show, etc.) do for the City. The spaces used by the Church
would not have been empty for such a long time if they could have been made,
under the free enterprise system, financially viable from some business.
Commissioner Dickson noted that he has mixed emotions on this issue; and, he
must ask himself if this request for 4,000 sq.ft. additional church use is
compatible with what is at this location.
Commissioner Olszewski asked about statements made regarding redevelopment and
possible time frames.
PLANNING COMMISSION ME~~lNG
SEPTEMBER 13, 1988
THE HOME CHURCH - PAGE 5.
MIs: Kasolas, Dickson -
That the public hearing on UP 88-07 be
re-opened.
Discussion
Commissioner Olszewski believed it unnecessary to reopen the public hearing
since the requested information regarding redevelopment was from Staff, and not
of a testimonial nature.
Vote on motion
Motion to reopen the public hearing on UP
88-07 failed with a vote of 2-3-2. Public
hearing remains closed.
City Attorney Seligmann noted that it is not necessary to reopen the public
hearing to received information from Staff; however, the public hearing could
be reopened at a later time if the Commission felt it was necessary.
Commissioner Kasolas disagreed, stating that it is his opinion that the public
should not be foreclosed from being allowed to testify if additional
information is presented.
Mr. Robert Kass, Redevelopment Director, stated that there is a report on this
center available from Staff. A survey was taken of the merchants and the
property owners to determine some of the problems. Multiple ownership was
viewed as a major hinderance to redevelopment, as well as site configuration.
A proposal to identify a master developer is going to the presented to the
Redevelopment Agency on October 4, 1988; June 1989 is proposed as a target for
selecting the master developer; and, the Redevelopment Agency is looking at at
least a two year time frame before any fiscal activity may take place at this
location. Mr. Kass agreed with the recommendation of the Executive Director of
the Redevelopment Agency regarding the two year approval not harming any
redevelopment possibilities.
Commissioner Olszewski felt that the church is a compatible use with the retail
center and that the other activities at the site were good for the community.
The question is whether or not a shopping center is a good location for a youth
center. Commissioner Olszewski continued that perhaps this is not a good
location for a youth center - that perhaps the City's Community Center or one
of the school sites would be more appropriate. Locating the youth center at
another site would allow the commercial uses to remain intact and still provide
for the needs of the church.
Commissioner Kasolas stated that the real issue is one of property rights - can
a property owner use the property in accordance with the rules set forth. In
setting aside all the emotionalism, it is noted that originally all the
neighbors supported the church use. It is also very clear that the parking is
a private problem, as well as the issue of the leases. The church must be
treated like any other property owner.
PLANNING COMMISSION ME~LING
SEPTEMBER 13, 1988
THE HOME CHURCH - PAGE 6.
Commissioner Walker stated that he thought that the economic dynamics were
beyond the control of the Commission; and, that two years would be appropriate
and in agreement with possible redevelopment issues.
Mis: Dickson, Walker -
That the Commission adopt a resolution
approving UP 88-07 subject to the conditions
indicated in the Staff Report as well as a
review of the use in two years, in accordance
with past practices.
Discussion
Commissioner Kasolas stated that he would agree if the motion were for granting
the permit for two years - not for the review of the use permit in two years.
Commissioner Dickson noted that a condition for review is usually put on a
permit.
Chairman Christ opposed the motion. He stated that if the church was coming
before the Commission at this time for a use permit to establish a church in
35% of the site with the large membership it has, he would have to vote for
denial. Chairman Christ continued that he thought the church taking up
one-third of the center will change the character of the center. Anything that
starts to impact the neighborhood must be considered very carefully. Secondly,
he concurred with the comments about parking -- it is a private matter.
Chairman Christ noted that if this item is passed, he would like to see some
conditions imposed that would do a little more to protect the parking rights of
the retail merchants - not only from the Church, but from themselves (referring
to other activies, ie flea market, christmas tree sales, etc.).
Commissioner Olszewski stated that he was unable to support the motion for two
reasons. First, he felt that this was not an appropriate location for a youth
center and there are better locations to gather (ie the Community Center,
vacant school sites, etc.). Secondly, he didn't think that the City should be
restricting itself to having to have definite findings to revoke or cancel the
use permit. Commissioner Olszewski noted that the natural evolution of the
center should be allowed to take place.
M/
Kasolas,
That the makers of the motion amend the
motion to provide that the use permit be
granted for two years.
Commissioners Dickson and Walker accepted the amendment to the motion. The
motion for approval reads as follows:
PLANNING COMMISSION MEL.~NG
SEPTEMBER 13, 1988
THE HOME CHURCH - PAGE 7.
Mis: Dickson, Walker
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
That the Planning Commission adopt Resolution
No. 2546, incorporating findings and
conditions of approval as indicated in the
Staff Report of September 13, 1988, approving
UP 88-07 for a use permit to permit
church-related activities at the subject
location for a period of two years. Motion
carried with the following roll call vote:
Kasolas, Walker, Dickson
Olszewski, Christ
Stanton, Perrine.
* * *
-'-LßM NO.2·
STAFF REPORT - PLANNING COMMISSION MEETING OF SEPTEMBER 13, 1988
UP 88-07
Home Church
Continued public hearing to consider the
application of the Home Church for approval of a
Conditional Use Permit to allow the establishment
of a youth center in a shopping center on property
known as 1739, 1755, and 1757 S. Winchester Blvd.
in a C-2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission adopt a Resolution, incorporating the attached
findings, approving a use permit to allow church-related activities at the
subject location for a period of two years, subject to the attached conditions.
STAFF DISCUSSION
At its previous meeting of July 12, 1988, the Planning Commission considered
the applicant's proposal to establish a youth center/reception hall in a
portion of the Campbell Center shopping center. At the meeting, the Planning
Commission requested that the applicant prepare a focused environmental impact
report for this application. This request of the Commission was subsequently
appealed to the City Council where the Council csupported the applicant's
appeal and overruled the Commission's request.
The Planning Commission at this time is considering the use permit application
to allow the establishment of a youth center/reception facility in
approximately 4,080 sq.ft. portion of the existing shopping center. A review
of the proposed usage and parking requirement is indicated below:
Use Sq. Footage Req'd Parking
1. Youth area including a platform/stage 1890 48
2. Workshop area 230 1
3. Restroom/Hallway 270 2
4. Serving area 670 17
5. Kitchen 230 2
6. Restrooms/Hallway 480 3
7. Existing barber shop (to remain) 310 2
Total 4080 75
In addition, there is an existing dry cleaning establishment which is not a
part of this application but will remain in operation on one of the two parcels
being acquired by the Home Church. The floor area of this cleaning
establishment is approximately 2000 sq. ft., which will require an additional 10
parking spaces.
The total parking requirement for the proposed and existing uses to remain is
85 spaces. The total on-site parking available to serve these uses is a total
of 78 spaces. Staff is of the opinion that the parking that is available
should be sufficient to serve the proposed uses.
UP 88-07
-2-
ucptember 13, 1988
One area of concern regarding this application is that an area that is
currently available for retail uses will become, in effect, a quasi-public
use. The Executive Director of the Redevelopment Agency addresses this concern
in the attached memorandum (Exhibit A). A similar concern has also been
expressed by several merchants in the shopping center. A petition expressing
this concern is attached as Exhibit B.
Another concern expressed by the other merchants in the shopping center is
their ability to continue merchant association activities such as the flea
market, christmas tree lot, and cherry stand to generate association revenues.
The Redevelopment Director has recommended that a condition of approval be
added permitting the continuation of such activities.
Staff concurs with the opinion stated by the Executive Director that since
there is no specific plan for the redevelopment of the shopping center at this
time, a temporary approval of the uses proposed by the Home Church is
acceptable. Staff is recommending a two year time limit at this time.
Exhibit C, attached, is a petition signed by 144 residents in support of this
application.
* * *
Attachments
1. Exhibit A - Memorandum from Redevelopment Director.
2. Exhibit B - Petition from Campbell Merchants Association.
3. Exhibit C - Petition from Home Church.
4. Recommended findings.
5. Conditions of approval.
6. Location map.
RECOMMENDED FINDINGS: ~L 88-07
SITE ADDRESS: 1739, 1755, & 1757 S. WINCHESTER BLVD.
APPLICANT: THE HOME CHURCH
PC MTG: 9-13-88
1. The establishment, maintenance or operation of the use applied for will not
be detrimental to the 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.
2. The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate.
3. The proposed use is compatible with the uses in the area.
4. Limiting the Use Permit to a period of two years will provide an
opportunity for the City to review the compatibility of this use in
relation to other uses in the shopping center.
CONDITIONS OF APPROVAL - ~ILE U UP 88-07
SITE ADDRESS: 1739, 1755 & 1757 S. WINCHESTER BLVD.
APPLICANT: THE HOME CHURCH
PC MTG DATE: 9-13-88
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 Laws of the State of California. 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 which pertain to this development and are not herein specified.
1. Revised elevations and/or site plan indicating changes to the building
exterior to be submitted to the Planning Department and approved by the
Site and Architectural Review Committee and/or the Planning Commission
prior to application for a building permit.
2. Landscaping plan indicating type and size of plant material, and location
of irrigation system to be submitted to the Planning Department and
approved by the Site and Architectural Review Committee prior to issuance
of a building permit.
3. Applicant to either (1) post a faithful performance bond in the amount of
$5,000.00 to insure landscaping, fencing, and striping of parking areas
within 3 months of completion of construction; or (2) file written
agreement to complete landscaping, fencing, and striping of parking areas.
Bond or agreement to be filed with the Planning Department prior to
application for a building permit.
4. All mechanical equipment on roofs and all utility meters to be screened as
approved by the Planning Director.
5. Sign application to be submitted in accordance with prov1s10ns of the Sign
Ordinance for all signs. No sign to be installed until application is
approved and permit issued by Planning and Building Departments (Section
21.53 of the Campbell Municipal Code).
6. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, wet garbage
and rubbish produced within the limits of the City of Campbell shall be
made with Green Valley Disposal Company. This requirement applies to all
single-family dwellings, multiple apartment units, to all commercial,
business, industrial, manufacturing, and construction establishments.
7. Applicant shall comply with all appropriate State and City requirements for
the handicapped.
BUILDING DEPARTMENT
8. Bathrooms must comply with handicap requirements.
9. Show accessibility to both men's and women's bathrooms from "kitchen" side.
10. Fire corridor is blocked with doors from "youth" side.
11. Tenant improvements plans to be in more detail.
ONDITIONS OF APPROVAL - FILE ff UP 88-07
SITE ADDRESS: 1739, 1755 & 1757 S. WINCHESTER BLVD.
APPLICANT: THE HOME CHURCH
PAGE 2.
FIRE DEPARTMENT
12. Additional exits are required from the youth center.
13. Kitchen will need to comply with requirements of Uniform Fire Code 10.313
and Uniform Building Code requirements.
14. Provide additional information relative to the use of the "workshop" so
that occupancy group can be determined.
PLANNING DEPARTMENT
15. This Use Permit is granted for a period of two (2) years from the date of
approval by the Planning Commission, or if appealed, two (2) years from the
date of approval by the City Council.
REDEVELOPMENT DEPARTMENT
16. That the applicant provide an agreement, satisfactory to the City Attorney,
which provides for the continued use of the parking area for merchant
association activites.
EXHIBIT A
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CITY OF CAMPBELL
MEMORANDUM
To:
Planning Director
Date:
June 30, 1988
From:
Redevelopment Agency Executive Director
Subject:
Proposed Conditional Use Permit - 1739, 1755, and 1757 S. Winchester
Boulevard (UP88-07)
----------------------------------------------------------
Recently the subject use permit was referred to the Campbell Redevelopment
Agency for review and comment. The proposed permit would allow for the
establishment of a church youth center in the Campbell Shopping Center on
Winchester Boulevard. The youth center is to be a portion of the Home
Church facility already locaed in the shopping center.
The Campbell Shopping Center was originally included in the downtown
Campbell Redevelopment Project Area due to its substandard condition and
maintenance. Improvements to and maintenance of this center is also
complicated by it being divided among a number of individual property
owners. In addition, the economic potential for redeveloping this center
appears positive. For these reasons, the current Campbell Shopping Center
is viewed as a potential redevelopment project. The focus of such a
project would be to redevelop the property to make it more effective as a
retail/commercial center. As you are aware, the City of Campbell is
heavily reliant on sales tax revenues for the provision of essential
services. One of the primary goals of both the City and the Redevelopment
Agency is to promote economic development and redevelopment which will be
appropriate from both a planning and economic perspective. An expansion
of permanent non-retail uses to a degree that would hinder the future
commercial revitalization of this center would not be desirable.
Since presently there are no specific proposals/strategies for the
redevelopment of the center, a conditional expansion of the church use
pending the development of a comprehensive revitalization plan would not
appear to hinder the long term efforts of the Agency to redevelop these
properties. However, during this interim period, some retail commercial
space will be lost. Certainly the revitalization/redevelopment of the
Campbell Center will need to consider the concerns and desires of existing
property owners including the Home Church. It is quite possible that an
appropriate revitalization of the center would be a mixed use development
involving both retail commercial and church uses.
Page two
Planning Director
June 30, 1988
In summary, while a temporary expansion of the church uses would not
hinder the objectives of the Redevelopment Agency in revitalizing the
current center with a retail/commercial emphasis, a permanent and
expanding church operation at this location could foreclose the city's and
Agency's flexibility regarding the redevelopment of this property.
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Kevin C. Duggan, Executive Director
Redevelopment Agency
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JUN 30 1988
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