Admin PD - 2007October 09, 2007
Mr. Jimmy Zien
The Home Church
1799 S. Winchester Blvd.
Campbell, CA 95008
Re: Administrative Planned Development Permit
File No: PLN2007-121 ~ 1773 -1781 S. Winchester Blvd.
Dear Mr. Zien:
The Community Development Director has conditionally approved your Administrative
Planned Development Permit to allow a change of use from retail to classroom, work
room, and store room use located at 1773 through 1781 S. Winchester Blvd. in the P-D
(Planned Development) Zoning District. This approval is based upon the attached
findings and is subject to the attached conditions of approval.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by
5:00 p.m. on October 19, 2007.
If you should have any questions regarding this approval, please do not hesitate to contact
me at (408) 866-2142 or by email at stevepCcityofcampbell.com.
Sin rely,
Steve Prosser
Planner I
encl: Findings and Conditions of Approval for File No. PLN2007-121
cc: Tom Adams, The Hagman Group, 1990 The Alameda, San Jose, CA 95126.
Jackie C. Young Lind, Acting Community Development Director
70 North First Street Campbell, California 95008-1436 'rE~ 408.866.2140 Fnx 408.871.5140 •ro~ 408.866.2790
Attachment # 1
FINDINGS FOR APPROVAL FOR FILE NO. PLN2007-121
Administrative Planned Development Application for The Home Church
1773, 1775, and 1.779 through 1781 South Winchester Boulevard
APPLICANT: Jimmy Zien for the Home Church
DATE: October 8, 2007
Findings for approval of an Administrative Planned Development Permit (PLN2007-121) to allow
a change of use by The Home Church to create classrooms, work rooms and storage which support
the existing assembly use on the two adjacent parcels to the north and south from existing retail
tenant spaces in the Campbell Shopping Center.
The Community Development Director finds as follows with regard to file PLN2007-121:
1. The proposed change of use from retail to classrooms, work rooms and storage which support
the existing assembly use on the two adjacent parcels to the north and south for a period not to
exceed three (3) years, is consistent with the General Plan in that the change of use to
assembly can be conditionally considered under the Central Commercial General Plan
designation. The proposed use occupies an existing non conforming development. The
existing non conformity of the development is non-compliance with the Land Use Element
which specifies that development along the Winchester Boulevard shall edge the street with a
retail component on the ground floor. Allowing the proposed use to occupy the existing non-
conforming development does not, however, intensify the existing non conformity nor does it
preclude the future development of a conforming project which would edge the street and
include a retail component. Finally, given that all three parcels are now under common
ownership, the probability of consistent redevelopment of the frontage is increased.
2. The proposed change of use for a period not to exceed three (3) years will be consistent with
the P-D (Planned Development) Zoning District with approval of an Administrative Planned
Development Permit.
3. The existing buildings are architecturally compatible with the surrounding neighborhood. No
building expansion or remodeling is proposed. Also, given that all three parcels are now under
common ownership, the probability of consistent maintenance of the buildings is increased.
4. The use of the subject property for classrooms, work rooms and storage which support the
existing adjacent assembly use for a period not to exceed three (3) years will not have an
adverse affect on the existing assembly uses located to the north and south of the site or on
other commercial uses in the vicinity.
5. The classrooms, work rooms and storage which support the existing adjacent assembly use,
subject to the conditions of approval, are compatible with the adjacent land uses and the
surrounding neighborhood.
6. There is sufficient parking on the site to accommodate classrooms, work rooms and storage
which support the existing adjacent assembly use that will occupy former retail tenant spaces.
Sufficient parking for the proposed use is provided on site.
Attachment # 1
Page 2 of 2
7. The classrooms, work rooms and storage which support the existing adjacent assembly use
will not significantly increase the demand on city services.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed use for a period not to exceed three (3) years will result in a more desirable
environment and use of the land than would be possible under any other zoning classification.
2. The proposed use for a period not to exceed three (3) years will aid in the enhancement and the
harmonious development of the immediate area.
3. The proposed use of the existing, unmodified and non-intensified non conforming structure
will be compatible with the General Plan of the City.
4. The proposed use of the existing, unmodified and non-intensified non conforming structure
will be compatible with the Zoning Code of the City.
5. The establishment, maintenance, or operation of the use will not be detrimental to the health,
safety, peace, morals, comfort or general welfare of the neighborhood or the City as a whole.
6. The subject site is adequate in size and shape to accommodate the parking and loading
facilities, landscaping, lighting, and other development features required in order to integrate
said use with the uses in the surrounding area.
7. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
8. There is a reasonable relationship between the use of the fees imposed upon the project and the
type of development project.
9. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the proposed project.
10. No substantial evidence has been presented from which a reasonable argument could be made
that shows that the project, as currently presented and subject to the required conditions of
approval, will have a significant adverse impact on the environment.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-121
SITE ADDRESS: 1773, 1775, and 1779 through 1781 S. Winchester Boulevard
APPLICANT: Jimmy Zien, on behalf of The Home Church
DATE: October 8, 2007
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, City Engineer, Public
Works Director, City Attorney, or Fire Department is required, that review shall be for compliance
with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and
regulations, and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community
Development Director Approval, the applicant shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the proposed Administrative Planned
Development Permit shall not be valid for any permits sought from the City.
2. Approved Project: Approval is granted for an Administrative Planned Development Permit
(PLN2007-121) for a period not to exceed three (3) years to allow a change of use for four
retail tenant spaces to three classroom and store room uses located at 1773, 1775, and 1779
through 1781 S. Winchester Blvd. only. The project shall substantially conform to the project
plans and lighting plans received by the Planning Division on August 7, 2007, except as may
be modified by the conditions of approval contained herein.*
* Planning sign off is required to prior to Building Permit final. Construction not in
substantial compliance with the approved project plans shall not be approved without prior
authorization of the necessary approving body.
3. Administrative Planned Development Permit Approval Expiration: The Administrative
Planned Development Permit approval shall be valid for one year from the date of final
approval. Within this one-year period a building permit must be obtained and construction
completed one year thereafter or the use must be established on the property and all conditions
of approval fulfilled (if no building permit is required). Failure to meet these deadlines will
result in the Administrative Planned Development Permit being void.
4. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell shall be
. - a
Attachment #2
Page 2 of 5
grounds for consideration of revocation of the Administrative Planned Development Permit by
the Community Development Director.
5. Operational Hours: The hours of operation shall be 8:30 a.m. to 10:00 p.m. Sunday through
Saturday.
6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior
areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
7. Si a e: No signage is approved as part of the development application approved herein. All
signage shall be installed and maintained consistent with the provision of the Sign Ordinance,
Chapter 21.30 of the Campbell Municipal Code.
8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building without
providing screening of the mechanical equipment from public view and surrounding
properties. The screening material and method shall be architecturally compatible with the
building and requires review and approval by the Community Development Director and
Building Division prior to installation of such screening.
9. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading)
of the Campbell Municipal Code. The project site shall maintain the 130 parking spaces at all
times. All parking areas shall be regularly swept and cleaned to remove litter and debris from
the parking areas and driveways.
10. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
11. On-Site Lighting: Prior to the issuance of the Building Permit, the applicant shall submit four
(4) copies of the parking lot lighting pole details showing color, size, design, and location on
the project site for review and approval by Community Development Director for compliance
with all applicable Conditions of Approval, ordinances, laws and regulations. On-site lighting
shall be shielded away from adjacent properties and directed on site. Lighting fixtures shall
be of a decorative design compatible with the existing development and shall incorporate
energy saving features. The maximum height for light poles is 20 feet from grade.
12. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment or
materials shall be stored outside the building or within the parking lot.
13. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property.
r
Attachment #2
Page 3 of 5
b. Noise Mana e~ment: 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.
c. Front and Rear Doors: The front and side doors to the business shall not remain in an open
position during business hours.
14. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early morning
hours. All trash and cleanup shall be done between 6:00 a.m. and 11:00 p.m. daily.
15. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and
Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or
holidays unless an exception is granted by the Building Official.
b. Truck routes to and from the construction site should be established and submitted to the
City for review and approval prior to issuance of a building permit. These truck routes
shall avoid access to the project site via residential streets where possible.
c. All construction equipment with internal combustion engines used on the project site shall
be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive receptors
such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street so that the
contractor can be made aware of noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of the
project shall not be permitted to park on any residential streets.
Building Division:
16. Permits Required: A building permit application shall be required for the proposed change in
use in an existing commercial structure. The building permit shall include
ElectricaUPlumbing/Mechanical fees when such work is part of the permit.
17. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
. f ,;.
Attachment #2
Page 4 of 5
18. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches
by 36 inches.
19. 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.
20. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. The site plan
shall also include site drainage details, site address, and parcel numbers. Site parking and path
of travel to public sidewalks shall be detailed.
21. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be
blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for
conditioning of the building envelope and lighting of the building.
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: 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 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption
clause shall blue-line completed, City of Campbell " 20%" exemption form 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. West Valley Sanitation District
b. Santa Clara County Fire Department
27. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations may require
substantial scheduling time and can cause significant delays in the approval process.
Applicant should also consult with P.G. and E. concerning utility easements, distribution pole
locations and required conductor clearances.
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`-~' Attachment #2
Page 5 of 5
Acknowledged & Accepted:
Jimmy Zien, on behalf of The Home Church
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