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Bookstore & Church in C-3-S ZoningITEM N0.4 of • ~a,yA STAFF REPORT -- PLANNING COMMISSION MEETING OF ~~, ~~ s~ `,° May 22, 2001 •~R~HAR~• Staff Planning Commission determination that a bookstore and church use is a use Initiated similar to other uses permitted with a Conditional Use Permit in the C-3-S (Central Business District) Zoning District pursuant to Section 21.59.070 of the Campbell Municipal Code. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, allowing a bookstore and church establishment as a permitted use in the C-3 (Central Business District) Zoning District subject to the approval of a Conditional Use Permit. ENVIRONMENTAL DETERMINATION This project is Categorically Exempt from the California Environmental Quality Act (CEQA), hence, no environmental action is required. APPLICANT'S PROPOSAL The Unity Center occupies approximately 6,400 squaze feet at the former Bank of America building at The Gateway, amixed-use development recently completed at 125 E. Campbell Avenue. The Unity Center received business license approval for retail and office uses on January 15, 1998. The tenant space was approved for retail office space under the mixed-use development. By April of 1998 it became appazent that the Unity Center was in fact a church use. Church uses aze not listed as a permitted use in the C-3 zone, and as a consequence, the applicant was notified of the inability of the site to accommodate a church use, absent action by the Planning Commission finding it is a similaz to other permitted or conditionally permitted use allowed in the zone. ZONING PURPOSE AND PLANNING COMMISSION AUTHORITY The Zoning Ordinance provides a list of uses allowed in each Zoning District. Permitted Uses are those that contain few potential nuisance characteristics and may occupy any tenant space in a district, as long as other development standazds aze met (pazking, hours of operation, etc.) Conditionally permitted uses are also listed for each zone and require the approval of a Staff Report -Planning Conu~tission Meeting of May 22, 2001 C-3 (Central Business District) Zoning District Determination Page 2 Conditional Use Permit by the Planning Commission. These uses may or may not be appropriate in all locations in a district and are evaluated on a case-by-case basis to determine if there will be impacts on adjacent properties from establishment of the use. The proposed business and/or operational plans are evaluated for impacts such as noise and traffic congestion. Potential impacts are mitigated through the adoption of conditions of approval to avoid adversely affecting adjacent property owners and tenants. The following sections of the C-3 Zoning District govern uses not specifically listed in the district: Permitted Uses: Zoning Ordinance Section 21.26.020(6) Uses Permitted without a Use Permit states that the list of permitted uses allowed may include: "Other uses which, in the opinion of the Community Development Director, are consistent with the intent of the Central Business District (C-3) Zone, and are of the same general character of the uses listed above. " An analysis of the application of this section is found on page 3 of this report. Conditionally Permitted Uses: The C-3 district regulations refer to Zoning Ordinance Section 21.59.070, Use Permits to address possible additions to the list of conditionally permitted uses: "Where the term "other uses similar to the above" is mentioned, it shall be deemed to mean other uses which, in the judgment of the Planning Commission, as evidenced by a written decision are similar to the uses listed in the same section and are not more objectionable to the general welfare. "Other uses " so determined by the Planning Commission shall be regarded as listed uses. In no instance, however, shall these regulations be so interpreted to permit a use in a district when such use is specifically listed and permitted in a less restricted district (i.e., a use specifically set forth in the C-2 district shall not be permitted in the C-1 district). " Written determinations of the Planning Commission in adding a use to a district will apply to other uses that have similar circumstances. Purpose of the C-3 District: The purpose of the Central Business District is clearly defined within the zoning code (CMC 21.26.010). The central business district commercial zone is intended to be a comprehensive zoning district for the downtown business area. The C-3 district is specifically created to promote the following objectives in the downtown area of Campbell: 1. To retain and enhance the downtown as a unique retail environment; 2. To enhance the downtown as an economically viable retail and business center serving primarily local and community commercial needs; 3. To ensure the availability of adequate parking for retail and service commercial customers and to encourage the joint utilization of parking; J:\Reports\PC Determinations\PC determination for Unity Center-version 2.doc Staff Report -Planning Conu~iission Meeting of May 22, 2001 C-3 (Central Business District) Zoning District Determination Page 3 4. To promote ground floor retail use and to promote a mix of uses downtown; 5. To establish development intensities consistent with the scale of the downtown area and the amount of parking which can be accommodated within and adjacent to it; 6. To reinforce Campbell Avenue as apedestrian-orientated retail street; 7. To maintain the comfortable scale, character and diversity of a small town business district; 8. To preserve and enhance significant historic buildings within the downtown; 9. To improve pedestrian, visual and vehicular connections between downtown and adjacent areas; 10. To insure that new building and remodeling in the downtown is of high architectural design quality; 11. To encourage architectural diversity in the downtown. The intent of the C-3 zone can be accommodated by a review of the proposed land use through the Conditional Use Permit process. PROPOSED USE The bookstore and related facilities (restroom, offices, utility room) occupies approximately 1,900 square feet at the Campbell Avenue frontage, and the assembly area for the church occupies approximately 1,500 square feet. The remainder of the space is primarily offices and meeting rooms on both the ground floor and mezzanine level. A small portion (700 s.f.) of the ground floor has recently been remodeled as a separate office space. The church currently is attended by approximately 50 people, but has been attended by up to 90 in the past (4/28/98 correspondence from Carole Lunde). The Unity Center maintains regular business hours for the bookstore (9:00 AM to 5:00 PM Monday through Thursday and 9:00 AM to 12:30 PM Friday) and Sunday services and school for the church use (9:00 AM to 12:15 PM). See attached "Current Number and Activities" dated 4/19/01. In addition to regular Sunday services, a variety of meetings are held throughout the week. ANALYSIS OF PERMITED USES Staff has reviewed the specific uses permitted within the Central Business District (C-3) Zoning District that are similar to a combined bookstore and church use. The following uses are allowed without a use permit in the C-3 and are similar to the proposed use: • Retail businesses; and • Commercial Schools and offices. J:\Reports\PC Determinations\PC determination for Unity Center-version 2.doc Staff Report -Planning Corrli~iission Meeting of May 22, 2001 C-3 (Central Business District) Zoning District Determination Page 4 The bookstore portion of the use is clearly a permitted use as a retail business, however, it is also incidental to the church use. For example, it is not open on Saturday. While the church use has some similarity to a commercial school, with the on-going weekly meetings and small group gatherings, staff believes the single relatively large Sunday service distinguishes it from the typical operation of a commercial school. If the Planning Commission finds that a church use is similar to a commercial school, then churches would be an allowed use on that portion of East Campbell Avenue between Second Street and Fourth Street. This would include only five (5) parcels. Commercial schools are prohibited on the ground floor of parcels abutting East Campbell Avenue between Second Street and the Union Pacific Railroad tracks. ANALYSIS OF CONDITIONALLY PERMITED USES The following uses are allowed with a use permit in the C-3 and are similar to the proposed use: • Theater By the Uniform Building Code (UBC) the main assembly area (34 ft. by 44 ft.) has a maximum occupancy of 213 people. This is similar to that of a theater with fixed seats. In that the church use includes regular Sunday services of up to 90 people (currently 50, however by code up to 213 people) coming for a relatively short duration, staff finds that it is very similar to a theater use. Staff is recommending that the Planning Commission find that a bookstore and church establishment is similar in nature and character to a retail business and theater. Staff finds the uses similar for the following reasons: 1. The bookstore portion of the use is a permitted use and provides a continuous retail frontage of Campbell Avenue, one of the main objectives of the C-3 zone and the Downtown Development Plan. 2. The maximum occupancy for a church assembly area without fixed seats is one person per seven (7) square feet, similar to a theater with fixed seats and greater than that for a commercial school classroom; one person per twenty (20) square feet. 3. The church portion of the use is currently utilized by approximately 30 to 50 people, however has experienced up to 90 people, and has a potential maximum occupancy of 213 people, based on the UBC. ANALYSIS OF APPLICABILITY TO THE REMAINDER OF DOWNTOWN The finding that a church is essentially the same, from a land use perspective, as a theater would only allow churches to be located downtown with approval of a Conditional Use Permit. J:\Reports\PC Determinations\PC determination for Unity Center-version 2.doc Staff Report -Planning Conunission Meeting of May 22, 2001 C-3 (Central Business District) Zoning District Determination Page 5 Consequently, Staff is recommending that the Planning Commission adopt the attached findings and find that a bookstore and church establishment is similar to other uses requiring a Conditional Use Permit in commercial zoning districts and that a bookstore and church establishment is a permitted use in the C-3 (Central Business District) Zoning District subject to the approval of a Conditional Use Permit. Additionally, the project site has received Site and Architectural Approval (S 97-23) for the Gateway project, and any use other than office or retail in the subject tenant space requires discretionary approval as a modification of the approved project and uses. Through the Conditional Use Permit process, the City would have the opportunity to review the use in terms of parking, hours of operation, maximum occupancy and other related issues to insure compatibility with the intent of the C-3 zoning ordinance and the surrounding land uses. Attachments 1. Findings for Approval 2. "Current Numbers and Activities" dated 4/19/01 3. Request for Planning Commission Determination dated 2/20/01 4. Excerpt, Downtown Development Plan Submitted by: (` Geoff I. Bradley, Senior Planner Approved by: ~Z~"' Sharon Fierro, Community Development Director J:\Reports\PC Determinations\PC determination for Unity Center-version 2.doc Attachment 1 FINDINGS FOR APPROVAL FOR A PLANNING COMMISSION DETERMINATION IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT APPLICANT: Staff-Initiated DATE: May 22, 2001 Findings for Approval for Planning Commission determination that a bookstore and church use is similar to other uses permitted in the C-3-S (Central Business District) Zoning District, subject to the approval of a Conditional Use Permit. The Planning Commission finds as follows with regard to the C-3 (Central Business District) Zoning District: A bookstore and church establishment is similar to other uses permitted in the C-3 (Central Business District) Zoning District, such as a theater, subject to the approval of a Conditional Use Permit. 2. A bookstore and church establishment is similar in intensity to other uses permitted with a Conditional Use Permit in the C-3 (Central Business District) Zoning District. 3. Permitting a bookstore and church establishment in a C-3 (Central Business District) Zoning District with the approval of a Conditional Use Permit is in keeping with the intent and purpose of the C-3 (Central Business District)zoning district. 4. The requirement for approval of a Conditional Use Permit will provide the opportunity for public review and comment and the imposition of conditions to ensure the compatibility of such proposed uses with the surrounding community. 5. The Conditional Use Permit procedure will allow the Planning Commission an opportunity to review the compatibility of a certain use at a specific location and to ensure that anover- concentration ofsuch uses does not result. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. Upon approval of a Conditional Use Permit, the establishment of a bookstore and church establishment use in a C-3 (Central Business District) Zoning District will not be detrimental to the public health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood ofsuch proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 2. A bookstore and church establishment is similar to other uses allowed in the C-3 (Central Business District) Zoning District, subject to the approval of a Conditional Use Permit. 3. A bookstore and church establishment, subject to the approval of a Conditional Use Permit, would be compatible with the Downtown Development Plan and General Plan of the City and will aid in the harmonious development of the City in providing a variety of retail and cultural facilities in the community. CURRENT NUMBERS AND ACTIVITIES AT UNITY CENTER OF SILICON VALLEY 125 E. Campbell Avenue, Campbell, CA Hours of Operation: Office and Bookstore 9 - 5 M-TH Office and Bookstore 9 - 12:30 F Bookstore 12 - 1 Sunday Services Hours Attendance Sunday Class 9-10 A.M. 12 Adults Sunday Service 11-12:15 A.M. 50 Adults Sunday School 11-12:15 A.M. 10 Children Extra Services at Christmas and Easter are in the evening. Good Friday and Christmas Eve. Attendance at each usually under 30. Evening Meetings are Church Board, Committees, Classes: Total of 3 or 4 per month, 6 to 10 people Choir Practice Weekly, 25 people Morning Meetings: OA Meeting Weekly 10-11 Fridays 8 people DCBA monthly Meeting First Wednesday 9-loam 12 people OFFICE STAFF: 2 Full Time -Office and Bookstore Mgr and Minister AREA SIZES: Also see attached floor plan sketch Bookstore occupies 16' X 37' area on the ground floor fronting on Campbell Avenue. Assembly Area (Sanctuary) is 34' x 44' plus platform Upper floor is over the front 1/3 of the building only, houses 4 classrooms for Sunday School, utility rooms, and restrooms. Adequate exits and fire extinguishers throughout. Prepared by: Rev. Carole M. Lunde 4/19/01 "~-la- '~ ~~~ `-~1 "'' °" ~`~~ `'" "-~ "`" "' ~ CIVIC CE TER DRIVE a vT~ ~e~i 1 SToR~'E 4',~~ TO BE CCCIiPiED BY 0: 'ER ~ HALL ~;._._ z ,. I 1 .._...._ _. ' ~ _ "~ °~~` UNITY CENTER OF SILICON VALLEY ~ +~ ~~ ~.il ~~ 12 5 E . CAMPBELL AVENUE ti II ~ CAMPBELL, CA 95008 __ ~. ~, 408-364-0105 t~ -- __~~PL~TFO ~~ ASSEMBLY AREA i~ ~ o~ ~ ~ t_ ~' _ ~ 34' ~.-- 44' ~~ i;~ , ~• ,; , ~~~ ~ ,; ~ . _'t ~~ ~ ~ __ ;,, , t ;;i ~;~ .. i ~ ~~ ~-TO UPPER FLOOR - I ~r ~ ~ 16' x 37' S S 72 `~ ~, OFFICE AREA BOOKSTORE ..~. E ~~ ` , _ I i...J', `. ~~~ WORK SPACE h'oit,ET ` OFFICE ~ STORAGE ~ ~ W o NTRANC ~~~ - ~~~6-1- w~NC. HALL _ W~NGoW TO i1PPE1~-~ CAMPBELL AVENUE MILLER 1331 NORTH CALIFOANIA BLVD. RECEIVED Sm~ -~T ~11LA11Kl1Kl 1'IFTH FLOOA 200 ~ P.o. BOX g>,7~ FEe 2 ~ REGALIA WALNUT CREEK, CALIFORNIA 94596 PBELL T'ACS[MILE (925) 933-4126 CITY OF CAM A PROFESSIONAL T LAW CORPORATION TELEPHONE (925) 935-9400 . pLANNiPIG DEP CHRISTIAN M. CARRIGAN CMC®MSANDR.COM February 20, 2001 VIA FACSIMILE AND MAIL (408) 866-8381 Geoff Bradley Senior Planner City of Campbell 70 North First Street Campbell, CA 95008-1436 Re: Request For Administrative Determination: Unity Center Of Silicon Valley Is "Consistent" With Other Uses Permitted In C-3 (Central Business District); Alternatively, Request For Public Hearing And Planning Commission Determination Unity Center Is A "Similar" Use Dear Geoff: Thank you very much for taking the time to meet with Reverend Carole Lunde and me on January 3, 2001. The purpose of this letter is to make a formal request that the City's Community Development Director ("Director") make a written administrative determination that the Unity Center's (the "Center" or "Unity Center") use of 125 East Campbell Avenue (the "Site") is consistent with other uses permitted in the Central Business District ("C-3") as of right, as is provided for in sections 21.26.010(2) and (6) of the City's Municipal Code ("Code'). Alternatively, the Unity Center hereby requests that the Planning Commission agendize for the first available public hearing consistent with applicable notice requirements this application for a finding and written resolution by that body establishing that the Unity Center use is "similar to" the specifically listed and enumerated uses permitted pursuant to a conditional use permit in the C-3 District. A. The City Should Make An Administrative Finding that the Center's Use is Allowed Without a Use Permit. The C-3 District is intended to be a comprehensive zoning district for the downtown business area, and is to promote, inter alia, the following objectives: (1) to enhance the downtown as a unique retail environment; (2) to ensure the availability of adequate parking for retail and service customers and to encourage joint utilization of parking; (3) to promote ground floor retail use and a mix of uses downtown; (4) to establish densities consistent with the scale of the downtown area; (5) to reinforce Campbell Avenue as a pedestrian orientated retail street; and (6) to maintain the comfortable scale, character and diversity of a small town business district. (Code, § 21.26.010.)1 The Unity Center's use is consistent with all these objectives. ' The remaining objectives set forth in section 21.26.010 pertain largely to "historic buildings," the "scale and character" of buildings, pedestrian and vehicular connections, visual connections, and high O W A L N U T C R E E K O M E N L O P A R K 4 S A C R A M E N T O UCSV~37376k112555.1 Geoff Bradley Senior Planner February 20, 2001 Page 2 The Center provides the community of Campbell with a mix of uses and an opportunity to engage in a variety of pedestrian oriented activities, including shopping and browsing at a retail book and music store, and taking advantage of educational programs and other presentations in their meeting hall, all in addition to satisfying their religious mission. The specific uses at the Center are retail book store, retail music store, educational use, office use, and meeting hall. As explained below, the Center's use of the Site is substantially similar to and conforms with the enumerated uses allowed without a permit and, in any event, is "consistent" with the allowed uses and the intent of the central business district. Because the Center's use of the site falls within enumerated uses permitted as of right and without a use permit pursuant to the terms of the City's Zoning Code, the Center does not need a conditional use permit for its use of 125 E. Campbell Avenue, and it is appropriate for the Director to make such a determination. 1. Retail Use As you are well aware, the front section of the ground floor of the Site fronting on East Campbell Avenue contains the Unity Center's retail music and bookstore. Of course, this retail use is permitted without a conditional use permit, as of right in the C-3 District. (Code, § 21.26.020(1).) This retail component of the Center's use of the Site serves to enhance the downtown area's unique retail environment in that there are no other establishments at which consumers could purchase the materials available there. Moreover, the bookstore space is clean, well-lit, roomy and provides a relaxing and comfortable atmosphere where pedestrian customers can linger and enjoy the "unique retail environment" of downtown Campbell. While the Center's use of the Site may not qualify for a permit exclusion solely as a retail use because of the other uses in which it engages, the fact that the Unity Center's Site contains a significant retail element serves to emphasize that the Center's use is consistent with the plan for the C-3 District. 2. Commercial School and Office Use The Code also provides that commercial school and office use is allowed without a use permit. (Code, § 21.26.020(2).) The Center holds classes and services on a weekly basis on Wednesdays and Sundays. Except for some religious content, these classes are the same as those held at commercial schools, whose use is specifically allowed without a permit by Code section 21.26.020(2).2 Moreover, the services held in the meeting hall are identical to classes held at a school, except for some religious content. Therefore, when viewed in the context of architectural design quality and diversity of buildings. These remaining objectives address the shape and design of development, buildings, improvements and infrastructure and not any particular use that might occur within them. Consequently, these objectives for the C-3 District are not relevant to whether the Unity Center's use of the Site, which is already built, is consistent with their intent. 2 As you know, a government, including a City, is not constitutionally permitted to discriminate among uses based solely on religion. See, Northwest Indian Cemetery Protective v. Peterson, 795 F.2d 688, 691 (9th Cir. 1986) [finding that the first amendment prohibits governmental actions which put a burden on the free exercise of religion, unless necessary to fulfill a governmental interest of the highest order which cannot be fulfilled in a less restrictive manner].) UCSV~37376k112555.1 Geoff Bradley Senior Plarmer February 20, 2001 Page 3 applicable constitutional principles, the classroom and meeting hall uses at the site are also permitted uses without a use permit in the C-3 Districts. Additionally, the Center uses the Site as an office space for the administration of its retail businesses, educational classes and religious services. Such an administrative office use is specifically allowed without a use permit in Code section 21.26.020(2). The Code excludes offices "including administrative, executive, financial, real estate, general business and professional offices" from the use permit requirement. (Code, § 21.26.020(2).) The Center falls within this exclusion because it uses the Site, in part, as an administrative office to oversee the functioning of the book and music store, classes, and the church. On the whole, the Center's spectrum of uses all comply with the letter and the intent of sections 21.26.020(1) and (2) as an excluded retails, school and office use. 3. Other Consistent Uses The Code provides that "[o]ther uses which, in the opinion of the community development director, are consistent with the intent of the central business district (C-3) Zone, and are of the same general character of the uses listed above" maybe allowed without a use permit. (Code, § 21.26.020(6) emph. added.) There is ample reason why the Center's mixed use of the Site should be found "consistent" by the Director pursuant to Code section 21.26.020(6). Every use to which the Center puts the Site is individually permitted without a Use Permit and it would thus be irrational to conclude that the sum of these uses requires a permit. The Center's use is of the same general character of the uses that the Code excludes from the use permit requirement. Uses allowed without a use permit include retail businesses, commercial schools and offices, commercial service establishments, outdoor seating and merchandise displays, and restaurants. (Code, § 21.26.020(1)-(5).) As stated above, the Unity Center's use of the Site is very similar, if not the same as, retail use and commercial schools and offices, and therefore should be logically considered a consistent use of the same character as the listed excluded uses. (Code, § 21,26.020(2).) It is important to note that the Center's use of the meeting space as a place of religious congregation is not a prohibited use under Code section 21.26.040 and is identical to school and educational uses, expect there is some religious content to the message. The Unity Center's use also conforms to the intent of the C-3 District. Taken as a whole, the objectives delineated for the C-3 District present the general intent that the C-3 District be maintained as a diverse, small-town, community-oriented downtown area. (See, Code, § 21.26.010(1)-(11).) The Center's use is consistent with the intent for the C-3 District. As a multiple use location which includes retail, education, and a large multi-purpose meeting area, the Unity Center will contribute to the downtown's diverse, service-oriented character. Additionally, the Center's bookstore will promote the purposes of the C-3 district by enhancing the "unique retail environment" of the downtown area, since the bookstore sells books, music, gifts, and other items, many of which cannot readily be found at the shops of other merchants. Furthermore, the Center's Sunday meetings will likely have a symbiotic effect, enhancing and UCSV\37376k112555.1 Geoff Bradley Senior Planner February 20, 2001 Page 4 invigorating the retail atmosphere of the downtown on Sundays by bringing residents to the area where they are near to the farmer's market and other retail activities that occur downtown on that day. The Site is also neat and well-cared-for in appearance on the retail frontage of East Campbell Avenue, which further contributes to the pleasing character of the downtown. B. Alternatively, the City Planning Commission Should Make A Finding that the Center's Use is a Similar Use If the Director determines the Center's use is not allowed without a use permit as a school, office, or consistent use pursuant to Code section 21.26.020(2) or (6), then we ask that the Planning Commission schedule a public hearing to consider our request for a finding and written resolution that the Center's use is allowed with a conditional use permit as a "similar use" to the other permitted uses under the terms of the Zoning Code. The Code provides that the following uses are allowed with a conditional use permit: (1) cemetery, crematory or related use, educational institution, governmental enterprises, hospital, library or museum, park, philanthropic, governmental residential care facility, private club, public utility, transmitter, trailer park, on-site living facility in conjunction with approved conforming use for purpose of security or service3; (2) arcade; (3) bank; (4) fast- food restaurant; (5) grocery-store and convenience market; (6) health spa or figure salon; (7) late night use between eleven p.m. and six a.m.; (8) liquor establishment; (9) live entertainment; (10) nightclub; (11) residential condominium or apartment; (12) parking lot; (13) second hand store; and (14) theater. (Code, § 21.26.030(1)-(14) [incorporating Code section 21.72.050 by reference].) In reference to the aforementioned uses, the Code then provides that "other uses similar to the above" are permitted in the C-3 District, subject to approval of a conditional use permit. (Code, § 21.26.030(16) [incorporating Code section 21.59.070 by reference].) Section 21.59.070 provides that when the Code allows for "other uses similar to the above", the Planning Commission is to make its similarity determination by resort to a comparison with the other uses listed in the same section, provided the proposed use is no more objectionable to the general welfare of the community. In this case, if the City declines to issue an Administrative Decision that the Unity Center's use is allowed without a use permit as a retail, school, and office, or consistent use pursuant to Code section 21.26.020(1), (2) or (6), then the Planning Commission should decide that the Center's use is an allowable "similar use". The Planning Commission must find that the Center's use is similar to the uses allowed with a use permit and that the Center's use is not more objectionable to the general welfare of the community than the enumerated uses. The Center's use is similar to many of the listed uses. Like educational institutional uses, as mentioned above, the Center conducts classes. (Code, § 21.26.020(1) [incorporating Code section 21.72.120 by reference].) Additionally, like a library or museum, the Center provides a unique space where residents may reflect, learn about new topics, and connect with other members of the community. (Id.) Also, s For these uses, the Code provides that in addition to required findings under Section 21.72.050, that the Planning Commission must also find that the use is essential or desirable to the public convenience or welfare, and is harmonious with the Draft General Plan. (Code, § 21.72.120.) UCSV~37376~412555.1 Geoff Bradley Senior Planner February 20, 2001 Page 5 unlike some of the listed uses, such as late night uses, live entertainment, nightclubs, and theaters, the Center's use of the property is quiet, and will not disturb neighbors or otherwise be objectionable to the community. (Code, § 21.26.030(7),(9),(10) & (14).) C. Conclusion Taken as a whole, the Unity Center's use of 125 East Campbell Avenue represents a positive contribution to the community of Campbell that is consistent with other uses allowed in the central business district without a use permit. The Center enhances the downtown's unique and diverse retail environment, provides a mixed use, pedestrian-oriented business and also serves as a place where Campbell residents may learn about religious topics. The Center respectfully requests that the Director make an administrative determination that the Unity Center's use of 125 East Campbell Avenue is a consistent use, which does not require a use permit. The Center's utilization of the Site fits within the definition of a commercial school and office, with the only difference being that the Center's educational program focuses on religious, rather than secular, topics. The Center's use is also consistent with the intent of the C-3 District and of the same character as the other uses. Alternatively, if the Director does not make such an administrative determination, we request a public hearing in front of the Planning Commission for a finding that the Center's use is similar to the enumerated uses allowed with a conditional use permit. Please agendize the hearing for the soonest possible date consistent with applicable public notice requirements. Thank you in advance for your thoughtful consideration of this matter. If you have any questions or concerns regarding this request, please do not hesitate to contact me directly. Very truly yours, MI R, ST & REGALIA ~.._-- Christian M. C 'gan CMC:jv cc: Rev. Carole Lunde Sharon Fierro, Community Development Director Bill Seligmann, City Attorney Scott A. Sommer, Esq. Emily B. Longfellow, Esq. UCSV\37376~412555.1 DOWNTOWI~T DEVELOPMENT PLAN GOALS AND FOLICIE.S I. GENERAL A. ~ 1. To restore downtown as the civic and cultural center of activity for the City of Campbell. 2. To facilitate the development of downtown as an economically viable commercial district. 3. To enhance the perception of the downtown beyond the loops streets through land use patterns, traffic circulation and urban design. 4. To restore and protect the historic c~ of downtown. B ~olieies 1. Civic and community activities shall be centered in and around the ~ downtown. 2. The focus of downtown business shall be a mixture of resident serving business and destinations with an emphasis on providing a balance of day and evening activities. 3. The future development of downtown shall include ways to eliminate the physical and visual barriers created by the loop streets. 4. The historic character of downtown shall be preserved through the protection and restoration of its historic buildings and ia~ndmarks. II. LAND USE A. S~ 1. To develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. ' h, o P wa v opment 4 J 2. To expand the boundaries of the downtown beyond the loop streets through ^~ land use patterns. 3. To develop and maintain downtown as a pedestrian oriented district. 4. To provide attractive public gathering areas and open apacxs. B EQ 1. Land use regulations shall be structured to eacornage retail and rant uses. 2. E. Campbell Avenue between Second Street and the railroad tracks shall be designated as the primary retail and restaurant core with ground floor uses that contnbute strongly to retail continuity. 3. E. Campbell Avenue west of Second Street shall be designated as a mixed use area for professional office, retail and personal service uses. 4. Current planning regulations and design standards shall be reviewed for areas adjacent to the downtown to ensure development will complement and enhance downtown vitality. 5. A range of uses shall be permitted on the upper floors of buildings, including retail, restaurant, commercial, office and residential. III. DEVELOPMENT INTENSITY A. ~ To maintain development intensities consistent with the small town scale of the downtown. B. P~~ 1. New construction downtown shall be in scale with existing densities and development patterns. Building placement shall allow for the retention of existing mid-block parking. a. Maximum building coverage shall be 1.0 and the maximum floor area ratio (FAR} shall be 2.0. ty o p e ~~ ~~ 5 Planning Commission Minu~cs of May 22, 2001 Page 12 appeals and upholding the Community Development Director's approval of a Tree Removal Permit, on property located at 1312 Ridgeley, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Jones, Lindstrom and Lowe NOES: Hernandez ABSENT: None ABSTAIN: None Commissioner Jones asked if the Appeals Fee had been charged in this application. Ms. Sharon Fierro, Community Development Director, advised that the appeals were filed prior to the effective date of the Appeals Fee. The Appeals Fee is effective as of May 17, 2001. Chairperson Lindstrom advised that this action is final in 10 days, unless appealed in writing to the City Clerk. *** MISCELLANEOUS Chairperson Lindstrom read Agenda Item No. 4 into the record. 4. C Determination Finding by Planning Commission that "Unity Center" is similar to other uses allowed by Use Permit in the C-3 (Central Business District) Zoning District. Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: • Advised that the Unity Center is occupying approximately 6,400 square feet of space at the Gateway Project, located at 125 E. Campbell Avenue. The space was approved for retail and office uses. This use went into the site asoffice/retail. • Said that church uses are not listed as a permitted use, either with or without a Use Permit, in the C-3-Zone. • Advised that staff has been working with the Unity Center to either comply with Zoning or to come to the Planning Commission for appropriate approvals. • Informed that the Zoning Districts list the uses permitted and conditionally permitted. • Said that if the church is considered to be similar to a commercial school, it could be approved without a Use Permit. However, staff finds that a church is more like a theater, which would require a Use Permit. • Advised that staff believes that considering church uses in the C-3 with a Conditional Use Permit could meet the goals for the Zoning. • Said that the applicant is available. • Said that the bookstore portion of the current use is considered retail and compatible. The assembly is considered similar to theater seating. The current church use is between 30 to 50 attendees for service. The site has the potential to seat slightly more than 200 persons. Planning Commission Minu~cs of May 22, 2001 Page 13 • Informed that staff has distributed revised findings as a table item this evening for this application. Commissioner Doorley asked staff how churches fit into other zoning designations. Mr. Geoff I. Bradley replied that churches are typically permitted within PF (Public Facilities) Zoning Districts. This is the same zoning district used for schools. Commissioner Doorley stated that most PF zones are probably completely developed throughout the City at this point. Mr. Geoff I. Bradley concurred. Ms. Sharon Fierro, Community Development Director, added that staff would be revisiting the zoning for churches with the comprehensive zoning update. Commissioner Gibbons said it appears the Commission is being asked to approve bad behavior. Parking issues are key for a project that was very dense to begin with. Mr. Geoff I. Bradley advised that staff has been working with the church for some time to achieve zoning compliance. Ms. Sharon Fierro, Community Development Director, said that the Commission is not looking at a specific case now. That will come at the Use Permit process. Commissioner Gibbons said that the Commission with this determination is setting the stage for appropriate review. Ms. Sharon Fierro, Community Development Director, agreed and said that currently churches are not allowed in C-3 Zoning. With this determination, churches will be allowed with Use Permits. Commissioner Gibbons cautioned that this has broad range implications. Commissioner Lowe asked what the next step is in this process. Commissioner Gibbons said that there are no guarantees that this particular use (Unity Center) will be issued a Use Permit upon review. Mr. Geoff I. Bradley said that this is an administrative avenue to deal with this request since churches are simply not listed rather than being prohibited. Ms. Sharon Fierro, Community Development Director, added that the applicant has not been charged any filing fees at this point. They are in operation on site. Planning Commission Minu~cs of May 22, 2001 Page 14 City Attorney Seligmann clarified that if a use is not listed as a permitted use within the Zoning Code, it is prohibited. Chair Lindstrom said that even if the church use were added as a permitted use with a Use Permit, parking would be a problem when the application is reviewed. City Attorney Seligmann said that it is important to use the generic term church rather than Unity Center. This determination is not just for the benefit of Unity Center but impacts the C-3 Zone. Commissioner Gibbons asked for the boazders for the C-3 District. Mr. Geoff I. Bradley advised that it represents the Downtown and will be expanded with the General Plan Update in include portions of Winchester Boulevazd. Commissioner Doorley said that he was surprised by the Commission's reluctance to support a church use when it approved after the fact projects such as the recent El Solyo project. Said that he had no problem supporting adding churches as permitted uses with a Use Permit. Reminded that the public pazking gazage is coming in the next few yeazs. Ms. Sharon Fierro, Community Development Director, cautioned that the Downtown is probably the least likely place in the City to accommodate church uses. Commissioner Gibbons pointed out that Stacks has peak business in conflict with the church and that the local residents living above this property aze more likely to be home on weekends. Said that she did not want to see a preferential action. Added that they need a generic and independent understanding of the right uses for the C-3 Zoning District. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission moved to adopt a Resolution allowing a bookstore and church establishment as a permitted use in the C-3 (Central Business District) Zoning District, subject to the approval of a Conditional Use Permit, per the revised findings, by the following roll call vote: AYES: Doorley, Francois, NOES: Gibbons, Hernandez, Jones, Lindstrom and Lowe ABSENT: None ABSTAIN: None City Attorney William Seligmann advised that the Commission must make some sort of affirmation action. It can be a motion to deny. Commissioner Gibbons said that she prefers more discussion. Suggested a Study Session where more information can be provided. Ms. Sharon Fierro, Community Development Director, said that the decision goes beyond Unity Center. Planning Commission Minuses of May 22, 2001 Page 15 Commissioner Gibbons said that she wants to understand more what this means. Commissioner Lowe said that with the added local housing constructed in or near the Downtown, perhaps a ministry is needed nearby to serve them. Said that this is such a narrow definition. Ms. Sharon Fierro, Community Development Director, reminded that the Zoning Update would recommend inclusion of churches in other districts. Commissioner Lowe said that is seems so specialized and just for this Unity Church. Commissioner Francois advised that he had encountered a young cleric Downtown during the Prunefestival who stated that he was establishing a ministry at the Gaslighter Theater. Commissioner Gibbons asked about the Zoning for the church on Railway Avenue. Mr. Geoff I. Bradley replied PD (Planned Development). Commissioner Gibbons asked about the churches on Alice and Rincon. Ms. Sharon Fierro, Community Development Director, advised that these are historic structures that predate Campbell's incorporation. Commissioner asked if this is action is final. Ms. Sharon Fierro, Community Development Director, replied that Commission's action would be final unless appealed to Council. Commissioner Gibbons asked how this would be handled if voted upon this evening. Ms. Sharon Fierro, Community Development Director, reminded that this is not a Zoning Amendment tonight. Therefore, the Commission cannot add criteria to the analysis process this evening. Commissioner Gibbons clarified that by saying the churches are permitted with a Use Permit in a C-3 Zone allows the City to consider applications on a case-by-case basis. Commissioner Hernandez asked what defines a church. City Attorney William Seligmann replied that there is no definition in Code. The Commission could elect to define a church in its motion and perhaps classify the use as an assembly hall. Commissioner Hernandez said that there is not enough data to do this. Planning Commission Minuses of May 22, 2001 Page 16 Ms. Sharon Fierro, Community Development Director, said that equating the church use to a theater was staff's struggle to make it fit. Reminded that the Use Permit runs with the property. The City looks at the physical impact of a use and not the religious definition. Agreed that staff could put together a Study Session. Added that the most significant impact of church uses is parking and circulation. Commissioner Hernandez suggested tabling this item so the Commission can make an informed decision. Commissioner Francois agreed that more data and information would be helpful. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission moved to continue consideration of a determination, which would allow a bookstore and church establishment as a permitted use in the C-3 (Central Business District) Zoning District, to a future date to be preceded by a Study Session and to consider all Zoning Areas, subject to the approval of a Conditional Use Permit, per the revised findings, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom and Lowe NOES: None ABSENT: None ABSTAIN: None *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: • Advised that Council approved the Habitat and Shelley Avenue projects. • Informed that there are six items scheduled for the June 12`h Planning Commission meeting. • Said that the newest Planner I, Stephanie Willsey, has joined the staff. Stephanie comes to Campbell from the San Mateo County Planning Department. • Invited the Commissioners to a Community Meeting on the Water Tower Loft Project, which will be held on May 31 S` at 7 p.m. in Room 80 of the Community Center. • Notified that Campbell has a short feature in the current Sunset Magazine. • Asked the Commission if it was interested in conducting a Study Session on Parking and Traffic (note that all Commissioners replied yes). ADJOURNMENT The Planning Commission meeting adjourned at 9:22 p.m. to the Planning Commission meeting of June 12, 2001, in the Council Chambers, City Hall, 70 North First Street, Campbell, California.