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PC Res 3561 RESOLUTION NO. 3561 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN EXTENSION (PLN2004-27) OF A PREVIOUSLY APPROVED MODIFICATION TO A CONDITIONAL USE PERMIT (M 96-06) TO ALLOW THE CONTINUED USE OF PORTABLE CLASSROOM BUILDING ON PROPERTY OWNED BY THE FIRST CONGREGATIONAL CHURCH OF SAN JOSE LOCATED AT 1980 HAMILTON AVENUE IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. FILE NO. PLN2004-27. 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 PLN2004-27: 1. The General Plan land use designation for the project site is Institutional. The use of the modular building as a classroom is consistent with this General Plan designation. 2. The zoning designation for the project site is P-F (Public Facilities). The use of the modular building as a classroom is an allowed use in this zoning district and is consistent with the original Use Permit. 3. The use of a modular building for additional classroom space is consistent with the existing school and church uses on the property. 4. The modular building is located on the eastern portion of the church property, just south of the parking lot accessible from Hamilton and Phantom Avenues. The building is setback 10 feet from the eastern property line and approximately 25 feet from the other modular building. 5. The existing site provides 159 parking shared parking spaces for the church and the school. There is adequate parking on-site to accommodate the proposed use based upon the staggered use of the site by the church and school uses. 6. The portable classroom has been on the property since 1996 without causing any reported parking issues. 7. The Extension does not serve to increase staff or student emollment. The emollment cap will remain at 112 students. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. Planning Commission Resolution No. 3561 PLN2004-27 - 1980 Hamilton Avenue - Extension of Modification of Use Permit Page 2 2. The establishment, maintenance, or operation of the use will not be detrimental to the public 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. 3. The proposed use is compatible with the uses in the area. 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building on property owned by the First Congregational Church of San Jose located at 1980 Hamilton Avenue in a P-F (Public Facilities) Zoning District, subject to the following conditions: 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 PlanniO1! Division 1. Proiect Approval: Approval is granted for an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building located at 1980 Hamilton Avenue until June 2007. The Extension of approval applies to the following: Planning Commission Resolution No. 3561 PLN2004-27 - 1980 Hamilton Avenue - Extension of Modification of Use Permit Page 3 a. Continuation of a one-story 1,920 square foot modular building to be used as additional classroom space on the eastern portion of the property, which was originally approved on June 11, 1996 (Resolution No. 3030). 2. Previous Approvals: In addition to the conditions of approval listed herein, the project shall comply with all conditions of approval as outlined in M 96-06 (Resolution No. 3030). 3. Trash Enclosure: The owner or applicant shall construct a new trash enclosure(s) or upgrade the existing enclosure to accommodate all dumpsters and recycling bins on site per City standards. 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 Department. The Community Development Director shall approve the location and design of the trash enclosure(s). Construction or modification of the trash enclosure(s) shall be completed before June 30, 2004. 4. Site Maintenance: The site shall be continually maintained free of any combustible trash, debris and weeds. PASSED AND ADOPTED this 2ih day of April, 2004, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None APPROVED: ATTEST: ~~ ~g Secretary