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Admin PD - 2006March 5, 2007 Home Church Attn: Jimmy Zien 1799 S. Winchester Boulevard Campbell, CA 95008 Re: PLN2006-56 -- 1711-1799 S. Winchester Boulevard Administrative Planned Development Permit Dear Applicant: Please be advised that at its meeting of February 27, 2007, the Planning Commission Adopted Resolution No. 3799 approving a permanent Administrative Planned Development Permit (PLN2006-56) to allow the continued use of commercial buildings as a church and related support facilities on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, March 9, 2007. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ~~~ o Steve Prosser Planner I 70 North First Street Campbell, California 95008-1436 -rs~ 408.866.21.40 rAx 408.871.5140 Ton 408.866.2790 RESOLUTION NO. 3799 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A PERMANENT ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2006- 56) TO ALLOW THE CONTINUED USE OF COMMERCIAL BUILDINGS AS A CHURCH AND RELATED SUPPORT FACILITIES ON PROPERTY OWNED BY HOME CHURCH LOCATED AT 1711- 1799 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JIMMY ZIEN, ON BEHALF OF HOME CHURCH. FILE NO: PLN2006-56. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2006-56. The proposed meeting rooms, recreational facilities and classrooms are permitted with the granting of an Administrative Planned Development Permit in the P-D zoning district. 2. The proposed meeting rooms, recreational facilities and classrooms are consistent with the commercial land use designation of the General Plan and the P-D (Planned Development) zoning designation for the site. 3. The use of the site for recreational facilities and classrooms in the proposed tenant locations will not have an adverse affect on the existing retail and office uses located at the shopping center or other commercial uses in the vicinity. 4. The meeting rooms, recreational facilities and classrooms, subject to the conditions of approval, are compatible with the adjacent land uses and the surrounding neighborhood. 5. There is sufficient parking on the site to accommodate the meeting rooms, recreational facilities and classrooms that will occupy former retail tenant spaces. The varying times for these activities will not conflict with the parking requirements of the other uses in the shopping center. 6. The meeting rooms, recreational facilities and classrooms will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 2 1. The continued use of the meeting rooms, recreational facilities and classrooms will aid in the enhancement and the harmonious development of the immediate area. The maintenance or operation of the continued use will not be detrimental to the health, safety, or welfare of the neighborhood or the City as a whole. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed establishment is compatible with the adjacent land uses and the surrounding neighborhood. THEREFORE, BE IT RESOLVED that the Planning Commission approves a permanent Administrative Planned Development Permit (PLN2006-56) to allow the continued use of commercial buildings as a church and related support facilities on property owned by Home Church located at 1711-1799 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a permanent Administrative Planned Development Permit (PLN2006-56) to continue the use of meeting rooms, recreational facilities and classrooms in tenant spaces located in property known as 1711-1799 S. Winchester Boulevard. There are no physical changes to the tenant spaces requested by the applicant. The operation of these facilities shall substantially conform to the project exhibits listed below and the attached letter describing the activities, except as may be modified by the Conditions of Approval contained herein: A. Revised site, floor, landscape, fencing, and trash enclosure plans stamped as received December 08, 2006, prepared by The Hagman Group. Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 3 B. Applicant's project description dated May 11, 2006, signed by Associate Pastor Jimmy Zien. 2. Hours of Operation: Hours of operation are 8:00 a.m. to 10:00 p.m. daily. No noise generating activity of any kind shall occur between the hours of 11:00 p.m. to 6:00 a.m. 3. Landscaping: Landscape maintenance shall be an on-going responsibility of the property owner and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and replacement of damaged or diseased plant material. 4. On-site Lighting: On-site lighting shall not create a glare on adjacent properties and shall be maintained in working order at all times. 5. Building Division Requirements: Prior to the issuance of building permits, the applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. 6. Fences/Walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department prior to construction. 7. Trash Enclosures: The applicant shall provide details regarding the design and location of trash disposal/recycling facilities necessary to serve the uses to be reviewed and approved by the City prior to the issuance of building permits for the project. The design of the trash enclosure shall match the building in terms of color and finish. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. 9. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 4 Community Development Director prior to the installation of such mechanical equipment. 10. Building Maintenance: The exterior of the building, including awnings, paint and signage, shall be maintained in good repair. The building shall be painted as necessary to maintain an attractive appearance. Repair and maintenance shall conform to the site and architectural approval for this project. The Community Development Director may approve minor modifications to the exterior of the buildings and major modifications shall be submitted to the Planning Commission for approval. 11. Parkin If verified on-going parking complaints are received by the Community Development Department about the uses that are approved by this Administrative Planned Development Permit, the Community Development Director may immediately modify the Conditions of Approval to resolve the parking conflict, subject to the project being brought back to the Planning Commission for review. 12. Utility Boxes and Back-Flow Preventers: If applicable, the applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 13. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit issued. 14. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, bells, revving of engines, tools, and/or music generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. The use of a public address system is not allowed for this project. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 15.Outdoor Storage or Display: No outdoor storage is permitted on the subject property. No equipment or material shall be stored outside the building or within the parking lot. Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 5 16. Parking and Driveways: All parking compliance with the standards of Campbell Municipal Code. Building Division and driveway areas shall be maintained in Chapter 21.28 (Parking & Loading) of the 17. Permits Required: A building permit application shall be required for the proposed tenant improvement. The building permit shall include Electrical, Plumbing, or Mechanical fees when such work is part of the permit. 18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 19. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 20. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 21. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 22.Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Non-point Source Pollution Control Program. The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 24. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 25. Title 24 Hardship Exemption: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 6 on submitted construction plans. Form is available at Building Division service counter. 26.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 27. Previously Approved Project: In April, 2002 (PLN 2002-04) the applicant was granted a modification to a previous conditional use permit (PLN 2000-24) to extend the temporary two year approval to continue to operate a church, and to allow recreational activities, classrooms/meeting rooms and approval of a revised architectural canopy along the street frontage. At the time the applicant requested relaxed requirements for the streetscape standards. The City's streetscape standards along Winchester Boulevard include a new 10 foot sidewalk and new street trees installed just behind the curb. At that time, the applicant stated that acquisition attempts were being made of the neighboring property. Once acquired, the Home Church would own all of the properties in the complex. Representatives from the Home Church indicated that when the property was acquired they would submit a master plan development application for the entire site and at that time they would be willing to satisfy the City's standard streetscape requirements. The City complied with the Home Church's request and only required a 5 foot sidewalk added to the existing walk and the existing street trees to remain at back of walk as a temporary condition until the full development for the site was possible. Since April 2002 no application for a master plan has been received for the site. The City is now requiring that the streetscape standards be installed along Winchester Blvd. 28. Proof of Ownership: Within 30 days of approval of the development permits for the site and prior to any building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 29. Public Utility Easement: Within 30 days of approval of the development permits for the site and prior to any building permits for the site, the applicant shall grant a 10 foot public utility easement on private property contiguous with the public right-of- way along the Winchester Blvd. frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 30. Street Improvements: Within 30 days of approval of the development permits for the site and prior to any building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 7 by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Winchester Blvd. a. Show location of all existing utilities within existing public right-of -way. b. Relocation of existing utility boxes/covers, etc. outside of sidewalk area. No utility boxes/covers, etc. will be allowed in the sidewalk area. c. Removal of existing sidewalk and trees. d. Installation of City specified street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard sidewalk. f. Installation of traffic control, stripes and signs. g. Construction of conforms to existing public and private improvements, as necessary. 31.Additional Street Improvements: Should any new utility main lines or other work required to service the development that affect any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 32.Construction and Finalization: The applicant shall have the required street improvements installed and accepted by the City within 1 year of signing the street improvement agreement. Once constructed the design engineer shall submit as-built drawings to the City. 33. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the trees and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 34. Utility Coordination Plan: The applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 35. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid Planning Commission Resolution No. 3799 PLN2006-56 - 1711-1799 S. Winchester Boulevard Administrative PD Permit -Home Church Page 8 within the previous five years will require boring and jacking for all new utility installations. Winchester Blvd. was overlaid in 2002. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 36. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. PASSED AND ADOPTED this 27th day of February, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois and Gibbons NOES: Commissioners: Rocha and Roseberry ABSENT: Commissioners: Ebner ABSTAIN: Commissioners: None APPROVED: Michael Rocha, Chair ATTEST: Jackie C. Young Lind, Acting Secretary Campbell Planning Commission Minutes for February 27, 2007 Page 11 3. PLN2006-56 Public Hearing to consider the application of Mr. Jimmy Zien, J. Zien, on behalf of Home Church, for an Administrative Planned Development Permit (PLN2006-56) to allow the continued use of commercial buildings as a church and related support facilities on property owned by Home Church located at 1711 and 1799 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Planner 1 Mr. Steve Prosser, Planner I, presented the staff report as follows: • Reported that the application is seeking approval of an Administrative Planned Development Permit to allow the continued uses of education, recreation and meeting uses on a permanent basis. The hours of operation are between 8 a.m. and 10 p.m. daily. Between the hours of 11 p.m. and 6 a.m. no noise generating activities may occur on site. • Explained that a limited term Use Permit expired in 2002. • Said that the property was rezoned to P-D (Planned Development) in 2001. • Stated that the uses require 340 parking spaces. The number of spaces provided is 246. Staff has evaluated parking and is confident that sufficient parking is available to service the site. • Advised that street improvements are required including 10-foot sidewalks. • Said that SARC did not review this project as there are no exterior building changes proposed. • Said that the project is Categorically Exempt under CEQA. • Recommended approval of a resolution approving a limited-term Administrative Planned Development Permit for a period not to exceed five years. Commissioner Doorley said that he was under the impression that the request is for a permanent approval rather than a limited term. Planner Steve Prosser explained that the applicant is seeking a permanent approval while staff is recommending alimited-term approval. Commissioner Roseberry asked if there have been any complaints about parking and/or noise impacts from these uses on site. Planner Steve Prosser explained that there have been lighting design standard complaints but no noise complaints. Commissioner Roseberry asked if the lighting issue had been corrected. Campbell Planning Commission Minutes for February 27, 2007 Page 12 Planner Steve Prosser replied that this is an on-going Code Enforcement case. He added that the applicant has worked on attempting to correct this problem. Commissioner Gibbons asked staff to clarify the zoning issue. Planner Steve Prosser: • Explained that the property is zoned P-D (Planned Development). The underlying land use is Central Commercial. Public assembly uses are not listed as an allowed use under that land use. • Said that in 1988 another church obtained a Use Permit for this location. In 2002, several of the center's parcels were combine under one address. Chair Rocha opened the Public Hearing for Agenda Item No. 3. Mr. Mike Millin, Representative for Home Church: • Reminded that 25 years ago a church use was approved for this location. The City's Planning Commission gave the Worship Center a permanent Use Permit that is in effect today. • Said that the parts of this former shopping center owned by Home Church have become a jewel of the City. • Added that they will close escrow on the rest of the center in the future. • Expressed that they were grateful for the efforts of Planner Steve Prosser in his work on this project. • Said that they have concerns with the temporary versus permanent nature of the approval. • Add that in 1981, the Worship Center received permanent use. In 2002, several parcels were put together as a single plat map and merged into the 1711 S. Winchester Boulevard address. • Said that they are not overstepping in asking for a permanent use and requested that the Commission grant the approval as permanent rather than temporary. • Stated that the Home Church's mission and goal is to make the City a better place. • Read from a letter from Campbell Chamber of Commerce President Carl San Miguel in support of this application. Mr. San Miguel outlined the many things that Home Church does to help make Campbell a better place. • Reiterated that this is worthy of a permanent use. Commissioner Gibbons stated that all of the Commissioners are aware of what the Home Church does. She advised that she was on the Commission in 2002 when the Home Church was asked to develop a Master Plan. She asked why this Master Plan has not been developed. Campbell Planning Commission Minutes for February 27, 2007 Page 13 Mr. Mike Millin said that no one is master of the premises right no since the center portion is separately owned. He said that he had read the minutes for 2001 and understood that the concern was the compatibility of the church with the existing retail. Commissioner Gibbons said that it was reasonable for the City to ask Home Church for an overall Master Plan for this large site. She reminded that there had been talk of having housing along Winchester Boulevard and said that it is hard to manage piecemeal development of this site. Commissioner Francois: • Said he disagreed. • Pointed out that he has seen conceptual renderings of the future of this site and they are very well done. • Added that the plan cannot be implemented until the Home Church owns the entire property. • Assured that it is the intent of Home Church to do the right thing. He added that they did the right thing for him during the time of his amputation. • Said that he understands that the City wants to generate revenue with commercial space. • Suggested that the Home Church may be amiable to housing along Winchester in the future but it has to be done in stages. Commissioner Roseberry: • Asked if it would be a "deal breaker" to have afive-year term for the Administrative PD Permit. • Explained that the temporary status protects the City. • Added that it would be easier to get permanent approval with a Master Plan. Mr. Mike Millin: • Said that they are grateful for the five-year time frame that conveys the City's faith in the Home Church. • Explained that there is a cost in bringing the item back to the Commission. • Added that the church believes it is so close to putting this Master Plan together. • Said that it is not a "deal breaker" if this approval is limited to five years. Commissioner Roseberry advised that this does not preclude Home Church from coming back before the Commission before their five-year approval is up. Senior Planner Jackie C. Young Lind confirmed that fact. Mr. Mike Millin said he wanted to ensure that nothing in this Administrative PD Permit under consideration this evening impacts the original 1981 approval for the church sanctuary. Campbell Planning Commission Minutes for February 27, 2007 Page 14 City Attorney William Seligmann said that it is a good idea to modify the Resolution to state that the five-year limitation does not apply to the use of the northern-most building. Mr. George Cash, 1655 S. Winchester Boulevard: • Explained that he is the complainant on the issue of the Home Church lighting. • Advised that their lights acts as a flood light into his apartment. • Reported that he has spoken with Home Church's Jimmy Zien who has done something but not enough to correct this problem. • Asked that no further permit be issued until this problem is corrected. Commissioner Francois pointed to condition of approval #4 that states that on- site lighting shall not create glare on adjacent property, etc. Mr. George Cash said that the site's lighting does not meet Code now. He said that he does not know why they have been allowed to go as long as they have. Senior Planner Jackie C. Young Lind said that Planner Steve Prosser has some information to offer on this issue. Chair Rocha suggested that the issue is out of the purview of the Planning Commission. Mr. George Cash said that correcting the lighting problems could be tied in together with this request. Planner Steve Prosser: • Said that upon receipt of a complaint about the Home Church lighting, he had worked closely with the Home Church. • Reminded that this church was approved approximately 25 years ago and there were different lighting standards at that time. • Added that with any future development plans for the site, it can be conditioned to upgrade to newer design light standards. Commissioner Roseberry asked what lights are being discussed, the parking lot or wall lights. Planner Steve Prosser replied the parking lot lighting. He said that these parking lot lights have since been modified somewhat but not to any significant impact according to the complainant. The church contracted with a lighting contractor to adjust the lights on three occasions. Commissioner Gibbons asked for the City Attorney's input, saying that it is unfortunate that this is an on-going problem. She asked if the parcel with these lights is a separate one or the one under consideration for approval tonight. Campbell Planning Commission Minutes for February 27, 2007 Page 15 Planner Steve Prosser replied that the parcel with these parking lot lights is the same parcel under discussion this evening. Commissioner Doorley asked about what is described as the northern-most parcel. Planner Steve Prosser advised that in 2002 the parcels were merged into one lot from which there were previously five. He reiterated that the sanctuary itself is not under review tonight. Commissioner Doorley asked if the lights in front of the coffee shop are the ones reflecting onto Wesley Manor. Planner Steve Prosser replied yes. Commissioner Alderete said that it is difficult to deal with the frustration experienced by this neighbor. Chair Rocha told Mr. George Cash that the Commission appreciates his having come forward. Chair Rocha closed the Public Hearing for Agenda Item No. 3. Commissioner Alderete: • Said that he is supportive of having a permanent permit going forward. • Said that the Commission is talking about Home Church which is known to the community and that serves the greater community. They have a long track record. • Stated his belief that Home Church will accomplish its goals going forward. Commissioner Doorley: • Said that this was truly blighted site and the City is lucky to have Home Church there. • Said he too is comfortable with a permanent approval. • Added that the City is doing okay with its retail tax base. • Informed that it is nearly impossible to build a church anywhere in this Valley. It almost requires bending the rules. • Reiterated that he will be supportive of a permanent approval. Commissioner Roseberry: • Said that he disagrees with Commissioners Doorley and Alderete and looks at this in a slightly different way. • Said that this property was entirely retail. • Cautioned that it could morph into something different. Campbell Planning Commission Minutes for February 27, 2007 Page 16 Commissioner Gibbons said that this is a fairly complex issue. She said that the church is adding a building to the parcel. Commissioner Roseberry said that this has already been done. Commissioner Gibbons: • Said that it is an issue of taking an element of this parcel and whether any approval should be for five-years versus permanent. • Added that also to be considered is whether or not a Master Plan is necessary. • Said that lighting can be discussed if the Commission is talking of this as a single parcel. • Stated that it is important to make clear that the Commission is referring to uses that don't include the sanctuary that was part of the 1981 approval. • Said that since the City is asking for improvements the lighting issue can also be considered this evening. If so, she is amiable to support a permanent approval. Commissioner Francois: • Echoed Commissioner Alderete's comments. • Said that Home Church has been good to the City. They are good neighbors. • Said that the on-site lighting issue is a small issue that will be addressed. • Stated his support. Commissioner Alderete said that this organization (Home Church) whose endeavor is primarily faith is worthy of the faith of this Commission that they will do what is asked of them. He said he has no doubt that Home Church will be around and that they are passionate about what they do. Chair Rocha: • Questioned whether this Commission would do the same for any other developer. • Said that there is a charge by the City for the Commission to apply certain standards. • Added that the City would not have the chance to look at this again if this approval is made permanent. • Stated that five years is a reasonable amount of time. Commissioner Alderete pointed out that the Commission has just approved a Conditional Use Permit for one of the wealthiest companies in the world and made concessions for delivery of fuel for that applicant. He said that he has more confidence in the Home Church. Commissioner Roseberry: • Suggested taking the emotion out of this issue. Campbell Planning Commission Minutes for February 27, 2007 Page 17 • Added that the two applications are different. • Said that this is a case of a former retail center with separate tenant spaces being conglomerated into one. • Stated that afive-year approval gives flexibility to look at this site again. • Agreed that this is a great church. • Said he does not see a down side but that there is a potential risk of making a permanent approval. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3799 approving a permanent Administrative Planned Development Permit (PLN2006-56) to allow the continued use of commercial buildings as a church and related support facilities on property owned by Home Church located at 1711 and 1799 S. Winchester Boulevard, by the following roll call vote: AYES: Alderete, Doorley, Francois and Gibbons NOES: Rocha and Roseberry ABSENT: Ebner ABSTAIN: None Chair Rocha advised that this action is final unless appealed in 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions made by Senior Planner Jackie C. Young Lind: • Reported that Council met on February 20th but there were no items of specific interest to the Planning Commission on that meeting agenda. • Advised that there is sufficient funding to send one Commissioner to the League of California Cities Planners Institute in March and the Commissioner selected to attend cannot do so after all. Following discussion, it was determined that no one was available. Commissioner Alderete said he would review his calendar to see if he could make time to attend. • Informed that there are two items on the next agenda. ADJOURNMENT The Planning Commission meeting adjourned at 9:40 p.m. to a Study Session immediately following and subsequently to the next Regular Planning Commission Meeting of March 13, 2007.