CE - 2011Community Development Department
December 21, 2011
Dr. Howard Eldin
380 Northlake Drive, Suite 28
San Jose, CA 95117
Re: File No. COD2011-72
Address: 400 Budd Avenue - Masjid AI Rajsool
Subject: Code Enforcement Resolution
Dear Dr. Eldin:
Thank you for meeting with City staff on Decembejr 20, 2011 to discuss the status
of the subject property. The purpose of the meetirhg was to obtain an
understanding of how you intend to bring the subject property into compliance
with Conditional Use Permit No. 82-09, which authorized the conversion of a
single-family residence to a sanctuary structure in 11982. Discussion focused on
the City's November 4, 2011 letter which identified six required actions necessary
to achieve compliance with the Conditional Use Permit.
1. Removal of non-permitted structures. The accessory structure was not
permitted under the Conditional Use Permit, it has no building permit, it is
located in required landscaping and parkin areas, and it is located too
close to the existing main structure.
2. Discontinue any residential living situation. No residential use was
permitted under the Conditional Use Permit.
3. Removal of exterior kitchen. Unpermitted alnd located in a side setback.
4. Stripe parking spaces. The property needs] to support 12 on-site stalls.
5. Plant landscaping and install irrigation. Ares identified on the attached
site plan require landscaping and irrigation.',
6. Install property line fencing. Required under Condition 4 of CUP-82-09.
You expressed a willingness to comply with the majority of the subject items but
expressed concern of the request to remove the uhpermitted accessory structure
currently used as a living unit. As you recall, you requested that the City possibly
view this structure as a caretakers or "guard" house for on-site security purposes.
In order to assist the City in its review of your request and to obtain a better
understanding of the current situation, staff would like to arrange a site inspection
of the main structure and the accessory structure a er January 2, 2012. Please
let us know what day would be convenient for you.'
The City made copies of numerous site plan pages', located on microfiche in order
to compose an understandable site plan of your pr~perty. It is attached for your
use. In addition, the City has provided an aerial phptograph of your property with
an overlay of the parcel's boundary lines using a Geographic Information System
(GIS). The property lines will help you understand jwhere the on-site
improvements are in relation to the public right-of-v~ay. Essentially, your use and
all of its components must be contained within the subject property.
I can be reached by phone at 408-866-2141 or by email at
paulk ,cityofcampbell.com in order to arrange an ~n-site inspection. Thank you
for your anticipated cooperation.
Sincerely,
Paul Kermoyan
Planning Manager
Enclosures: Site Plan
Aerial Photograph
Copy: Daniel Fama, Assistant Planner
Susan Morgado-Gray, Code Enforcement Officer
CITY of CAMPBELL
Community Development Department
November 4, 2011
Dr. Howard Eldin
380 Northlake Drive Suite 28
San Jose, CA 95117
Re: File No: COD2011-72
Address: 400 Budd Avenue - Masjid Al Rasool
Subject: Code Enforcement Resolution
Dear Dr. Eldin,
Susan Morgado-Gray, the City's Code Enforcement Officer, has requested that the Planning
Division address some of the questions and issues that have arisen through the investigation of the
above referenced code enforcement case. This letter explains what corrective actions are necessary
to bring the property into compliance and responds to your questions pertaining to future
improvements to the property. The City would also like to thank you for removing the flags in an
expedient manner, and looks forward to resolving these remaining issues.
Background: This religious institutiori is allowed by Conditional Use Permit UP 82-09, which
authorized the conversion of asingle-family residence to a sanctuary structure. The City's
Municipal Code defines the use as a "public assembly". Although allowable in 1982 with a
Conditional Use Permit, the Campbell Municipal Code (CMC) no longer allows a public assembly
use within the R-1-6 Zoning District. As such, this use is considered legal "non-conforming" and
is governed per CMC Sec. 21.58.040(H) and 21.58.040(D). Because of its non-conforming status,
these code sections preclude the enlargement of the sanctuary (additional square-footage) or
intensification ofthe site in any way.
Required Actions: The following actions are required to bring the property into compliance with
the Campbell Municipal Code and the property's Conditional Use Permit (copy enclosed):
1. Removal of Non-Permitted Structures: All accessory structures (i.e., sheds, canopies, patio
covers, etc.) must be removed, since additional building square-footage cannot be added to
the building or property, as discussed above.
2. Residential Use: Per your conversation with Susan and Paul Kermoyan, you requested
information necessary to legalize an existing detached structure for living purposes.
Unfortunately, this is not allowable as this property is not considered a residential site due
to the 1982 conversion of the residence to a sanctuary building. As such, no person may
reside within the sanctuary or elsewhere on the property.
COD2011-72 - 400 Budd Ave. Page 2 of 2
3. Removal of Kitchen Addition: The addition on the west side of the sanctuary that contains
a kitchen must be removed. Please note, however, that a kitchen may be located within the
existing building so long as the kitchen is used only for non-habitation purposes and
occupies existing conforming floor area.
4. Striping of Parking Spaces: Per the approved 1982 project plans, the parking lot must be
striped with twelve (12) parking spaces.
5. Planting_of Landscaping and Irri ag tion: The property must be landscaped per the approved
1982 project plans, which depict trees, shrubs, and turf. The landscaping areas must also be
irrigated with an automated sprinkler system.
6. Installation of Property Fencing: This site directly abuts County property (reference
enclosed aerial image). As you may recall, staff spoke to you about vehicles using the
pedestrian ramp to park in the undeveloped County property. To prevent this activity from
occurring, the City will require installation of decorative fencing (maximum 3 '/2 ft height)
along the eastern property line to clearly delineate the sanctuary property from County
property.
Next Steps: To proceed with these corrective actions, the City will require submittal of a building
permit application accompanied with a plan depicting (1) the demolition of unpermitted accessory
structures, (2) demolition of the unpermitted kitchen addition, (3) striping of the parking spaces in
compliance with applicable disabled access requirements, (4) planting of the required landscaping
with irrigation details, and (5) installation of new property fencing along the eastern property line.
Please submit the required plans and permit application to the Building Department by December
15, 2011 and complete all required work and obtain a final inspection by March 1, 2012.
Additionally, the person(s) living in the structure on the property must vacate by December 15,
2011. Please contact Code Enforcement for an inspection to verify vacancy.
The City has the approved 1982 project plans on file in the Planning Division office. However, the
plans are in microfiche format that cannot easily be reproduced. You may visit the Planning
Division with you designer or architect and view the plans to facilitate the preparation of the
building permit materials. You may also wish to contact the Building Division (408-866-2130) to
obtain submittal requirements for a building permit. When speaking with Building Staff, please
reference this letter.
If you have any questions regarding this letter, please do not hesitate to contact me at (408) 866-
2193 or by email at danielf~a,cityofcampbell.com. Susan may be reached at 408-866-2760, or by
email at susang~a,cityofcampbell.com. Thank you for your anticipated continued cooperation.
Sincerely,
Darnel Fama
Assistant Planner
Susan Morgado-Grey
Code Enforcement Officer
Encl: Aeriallmage
Conditional Use Pennit 82-09
cc: Paul Kermoyan, Planning Manager
Bill Bruckart, Building Official
RESOLUTION N0. 2117
After notification and public hearing as specified by law on the application of
Mr. Gary Nash on behalf of the West Valley Church of Christ for a use permit to
allow the conversion of a single family residence to a church on property known
as 400 Budd Avenue in an R-1 (Single Family Residential) Zoning District, as per
application filed in the Office of the Planning Department on April 29, 1982,
and after presentation by the Planning Director, proponents and opponents, the
hearing was closed (UP 82-09).
After due consideration of all evidence presented, the Commission did find as
follows:
That the establishment, maintenance, and operation of the proposed
use will not be detrimental to the health, safety, peace, morals,
comfort, or general welfare of persons residing or working in the
neighborhood of such use, or be detrimental or injurious to the
property and improvements in the neighborhood or the general welfare
of the City.
~>
Based on the above findings, the Planning Commission does hereby grant the
requested use permit subject to the following conditions:
1. Revised site plan to be approved by the Site and Architectural
Review Committee within 30 days of Planning Commission approval.
2. Property to be fenced and landscaped as indicated and/or added
in red on plans. Landscaping and fencing shall be maintained
in accordance with the approved plans.
3. Landscaping plan indicating type and size of plant material,
and location of irrigation system to be submitted for approval
of the Site and Architectural Review Committee prior to applica-
tion for a building permit.
4. Fencing plan indicating location and design details of fencing
to be submitted for approval of the Planning Director prior to
application for building permit.
5. Applicant to either (1) post a faithful performance bond in the
amount of $2,000 to insure landscaping, fencing, and striping
of parking areas within three months of completion of construction;
or (2) file written agreement to complete landscaping, fencing, and
striping of parking areas prior to application for a building permit.
6. All mechanical equipment located on roofs and all utility meters
to be screened as approved by the Planning Director.
7. Building occupancy will not be allowed until public improvements
are installed.
8. Nours of Service: Sunday - 10:30 to 11:30 A.M.
Wednesday - 7:30 to 8:30 P.M.
9. Maximum capacity: 30 persons.
10. Use to be reviewed in six months (December 1982).
Resolution No. 2111 -2-
l!P 82-09
The applicant is notified as part of this application that he is required to
meet the following conditions in accordance with Ordinances of the City of
Campbell and Laws of the State of California.
A. All parking and driveway areas to be developed in compliance
with Section 21.50 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper
guards .
B. Underground utilities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
C. Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and tele-
vision cables, etc.
D. Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be installed
until applidcation is approved and permit issued by the Building
Department. (Section 21.b8.030 of the Campbell Municipal Code.)
E. Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage,
wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple apart-
ment units, to all commercial, business, industrial, manufacturing,
and construction establishments.
F. Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist
of a concrete floor surrounded by a solid wall or fence and
have self-closing doors of a size specified by the Fire Depart-
ment. All enclosures to be constructed at grade level.
G. Applicant shall comply with all appropriate State and City require-
ments for the handicapped.
FIRE DEPARTMENT
H. If rear room used as living quarters, a 1-hour separation is required.
I. Furnace to be enclosed in a 1-hour enclosure.
J. Wall between storage room and reception room to be of 1 hour
construction.
K. All doors to swing in direction of exit travel.
L. West exterior wall to be 1-hour construction, including windows.
M. Provide panic hardware on exterior exit doors.
N. Provide emergency lighting.
Resolution No. 2117 =3- UP 82-09
0. Provide exit signs over exit doors.
P. Post capacity signs in assembly area.
BUILDING DEPARTMENT
Q. Building shall be made to comply with A-3 occupancy.
R. Complete plans shall be submitted to Building Department.
PLANNING DEPARTMENT
S. Applicant to submit a letter, satisfactory to the City Attorney,
limiting maximum occupancy to 30 persons.
The applicant is notified that he shall comply with all applicable Codes or
Ordinances of the City of Campbell which pertain to this development and are
d not herein specified.
PASSED AND ADOPTED this 8th day of June, 1982 by the following roll call vote:
AYES: Commissioners: Dickson, Kotowski, Fairbanks, Campos, Meyer
NOES: Commissioners: None
ABSENT: Commissioners: Kasolas, Howard
APPROVED: Jane P. Meyer
Chairman
ATTEST: Arthur A. Kee
Secretary