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PC Res 2939RESOLUTION NO. 2939 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH USE TO OCCUPY AN EXISTING INDUSTRIAL OFFICE BUILDING LOCATED AT 911 DELL AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JOE FLETCHER, OUR SAVIOR CHURCH. FILE NO. UP 94-18. After notification and Public Hearing as specified by law on the application of the Mr. Joe Fletcher, on behalf of Our Savior Church, to approve a Conditional Use Permit allowing a church use to occupy an existing industrial office building located at 911 Dell Avenue, and after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. UP 94-18: The subject lot has an area of 46,609 square feet, and interior space totalling 15,500 square feet; e The unit complies with all yard, building height, distance between buildings, setbacks, and lot coverage standards of the zone in which the property is located; o The property provides 62 on-site parking spaces, and 50 spaces on an adjacent property; Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading fadlities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. o The proposed project, subject to the conditions imposed, will be consistent with the General Plan; The establishment, maintenance, or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Resolution No. 2939 UP 94-18 --911 Dell Avenue (Our Savior Church) Adopted on October 11, 1994 Page2 The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic that the use will generate. The proposed use is likely to decrease the amount of traffic in the area from that generated by an industrial use. The proposed use is compatible with the uses in the area. Normal operational hours for the church use are not expected to conflict with the normal business hours of surrounding uses. In addition, the use is contained on its own site and will not conflict with surrounding uses. Further, the applicant is 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. The lead department with which the applicant will work is identified on each condition. 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. Approved Project Approval is granted for a church use to occupy an existing industrial office building located at 911 Dell Avenue. Development shall be substantially as shown on the materials listed below, except as may be modified by conditions contained herein. · Site plan for 911 Dell Avenue, dated September 9, 1994. If at any time the use is not in compliance with conditions herein, or State, County, or local requirements, the use permit may be revoked pursuant to Section 21.72. 110 of the Campbell Municipal Code. e Improvements / Buildin_~ Permits ~ Improvements are subject to the issuance of building permits and final clearance prior to occupancy. o Deed Restriction Prior to the issuance of occupancy permits the applicant shall submit evidence of recordation of a deed restriction that provides for the use of up to 50 parking spaces for the church, during the hours of operation described above. Resolution No. 2939 UP 94-18 -911 Dell Avenue (Our Savior Church) Adopted on October 11, 1994 Page 3 e o o o 10. Storm Drainage Applicant shall submit three sets of grading and drainage plans to the City Engineer for review showing all existing and proposed on-site storm water collected on-site and conveyed underground and conveyed to the existing storm sewer system. Encroachment Permits If work is required within the public right-of-way an encroachment permit will be necessary pursuant to the requirements of the City's Public Works Department. Central Fire District Applicant shall comply with all requirements of the Central Fire District memorandum dated September 16, 1994 (attached). Building Division Applicant shall comply with all requirements of the Campbell Building Division memorandum dated, October 5, 1994 (attached). Hours of Operation With the exception of church business conducted by employees on the site, hours of operation shall be limited to the following: Sunday (all day), Saturday (all day), Wednesday nights after 5:00 p.m. Parking Applicant shall maintain or cause to maintain an adequate amount of parking either on or off site at all times as required by the Ordinance. If applicant is unable to meet such condition, a modification to hours of operation and/or floor area seating capacity may be required. Noise Applicant is responsible for maintaining and ensuring local ambient noise levels of the surrounding area. If problems with noise occur, the applicant may be required to provide a Noise Impact Report prepared by a qualified acoustic consultant and to mitigate any identified impacts. Resolution No. 2939 UP 94-18 -911 Dell Avenue (Our Savior Church) Adopted on October 11, 1994 Page4 PASSED AND ADOPTED this llth day of October 11, 1994, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: ~_~,~ .~APPROVED: ATTEST: ~ ~ _' u_.--- Steve ~asecki, Se-'~cretary /kine, Higgins, Kearns, Lindstrom, Meyer- Kennedy, Perrine Lowe None j~~n~~ ~~. e, Chairperson