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PC Res 4259RESOLUTION NO. 4259 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2013-53) ALLOWING A 325 S(~UARE-FOOT ADDITION TO THE FRONT OF AN EXISTING CHURCH MEETING HALL, LEGALIZE AN EXISTING EXTERIOR ROOF SHED AND WALK-IN REFRIGERATOR, MODIFY ONSITE PARKING, REBUILD EXISTING STORAGE SHEDS AND A TRASH ENCLOSURE, AND MERGE TWO LOTS LOCATED AT 109 & 121 N. FIRST STREET. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to the approval of an Administrative Planned Development Permit (PLN2013-53): 1. The proposed Administrative Planned Development Permit will allow a 325 square-foot addition to the front of an existing church meeting hall, legalize an existing exterior roof shed and walk-in refrigerator, modify onsite parking, rebuild existing storage sheds and a trash enclosure, and merge two lots located at 109 & 121 N. First Street. Once vested this permit shall also supersede Use Permit (UP 95-07) and the subsequent Modification (PLN2001-71). 2. The project site encompasses two abutting properties, 109 & 121 N. First Street, located on the west of First Street, south of Grant Street, and north of Civic Center Drive. 3. The property at 109 N. First Street is developed with a church (St. Mary's Assyrian Chaldean Catholic) whereas 121 N. First Street is developed with asingle-family residence. The two properties would be merged into one lot as a Condition of Approval of this permit. 4. The project site is zoned P-D (Planned Development). 5. The project site has a General Plan designation of Low-Medium Density Residential and/or Professional Office. 6. The proposed project would be consistent with the following General Plan policies and strategies: Strategy I_UT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Policy LOT-11.2a: Services Within Walking Distance: Encourage neighborhood serving commercial and quasi-public uses, such as churches, schools, and meeting halls to locate within walking distance of residential uses. Policy LU-f-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a Planning Commission Resolution No. 4259 Administrative Planned Development Permit (PLN2013-53) 2of3 balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Policy LUT-16.2: Building Orientation: Orient buildings to a public street. 7. The proposed addition to the meeting hall would not increase the parking demand of the property. 8. The proposed remodel and additions, as conditioned, would be architecturally compatible with the church. 9. The project, as conditioned, would be in compliance with the General Plan and Zoning Designation of the property. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification. 2. The proposecl development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposecl development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designal:ion of the property. 4. The proposecl development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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. 8. The project is Categorically Exempt under Section 15060(c)(2) of the California Environmental Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment and under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Planning Commission Resolution No. 4259 Administrative Planned Development Permit (PLN2013-53) 3 of 3 THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Conditional Use Permit (PLN2013-53) for the Project located at 109 & 121 N. First Street, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 10th day of November, 2015, by the following roll call vote: AYES: Commissioners: Finch, Bonhagen, Dodd, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED d ATTEST: Paul Kermoyan, Secretary Pamela Finch, it EXHIBIT A CONDITIONS OF APPROVAL Administrative Planned Development Permit (PLN2013-53) Where approval k>y the Director of Community Development, City Engineer, Public Works Director, City Aftc-rney 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 hE~reby 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. Approved Project: Approval is granted fora 325 square-foot addition to the front of an existing church meeting hall, legalize an existing exterior roof shed and walk-in refrigerator, modify onsite parking, rebuild existing storage sheds and a trash enclosure, and merge two lots located at 109 & 121 N. First Street. The project shall substantially conform to the Revised Project Plans dated as received by the Planning Division on October 21, 2015, except as may be modified by the Conditions of Approval herein. 2. Permit Expiration: The Administrative Planned Development Permit is valid for a period of one year. A building permit must be obtained within this one-year period or the Planned Development Permit shall be void. 3. Supersede: Once vested, this permit shall supersede Use Permit (UP 95-07) and the subsequent Modification (PLN2001-71) in their entirety. 4. Plan Revisions: The building permit submittal construction plans shall incorporate the following revisions: a. Conditions of Approval: The conditions of approval shall be stated in full in the construction plans. b. Walk-In Refrigerator: The walk-in refrigerator and covered canopy structure shall be required to comply with current building code and be filled in on the east with a single screen wall compatible with the existing church. The final design of the structure shall be subject to the review and approval of the Community Development Director c. Parking Signs: The project plans shall indicate the location, and design (language) to be posted on parking lot signs behind the residential structure. Two parking spaces shall be identified as "residential only" and two parking spaces shall be identified for "assigned staff only". d. Historic Plaque: The applicant shall be required to provide a plaque signifying the historic use of the property as the "Grange Meeting Hall". The final wording and design Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 2 of 8 of the sign shall be subject to the review and approval of the Community Development Director. 5. Operational Parameters: The uses established by the Administrative Planned Development Permit approved herein shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a new Administrative Planned Development Permit. a. Approved Use: The approved uses include a public facility (Church) and a residential parish (to be occupied by parish priest, deacons, and staff only). b. Church (Nave & Meeting Hall): The auxiliary portion (meeting hall) of the building shall not be used simultaneously with the main portion (nave) of the church. The auxiliary area is limited to a support function of the primary building and limited to meetings and class study (bible school) and social gatherings (e.g. fellowship, funeral, memorial, or celebratory events). c. Residential Parish (Rental Restrictions): The residence shall only be used in association with the Church (e.g. parish priest, deacons, and staff). As a Parish House, the structure may not be leased out to non-church staff; this restriction is also intended to bar renting the structure to members of the congregation. Furthermore, the Parish House may not be used as an office, storage, or "youth center". If the parish house is leased, the lease shall not be renewed except in compliance with this condition of approval. d. Hours of Operation: Hours of operation for the church activities shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. a. Operational & Business Hours: 6:00 a.m. until 11:00 p.m. daily. These hours are not to apply to the parish house which is intended to operate consistent ~Nith a residential use. e. Deliveries: All deliveries shall occur within the Operational Hours of the church. The property owner and operator shall be responsible to inform delivery companies of this requirement and shall be held accountable for any violations. f. Capacity: No more than 210 seats shall be permitted in the Church at any time, and no more than 120 seats within the auxiliary area (e.g. meeting hall). Special events with attendance exceeding the seat count maximums are prohibited without a prior written authorization from the Director of Community Development. g. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 3 of 8 stickers. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition. h. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordancE~ with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. Traffic/Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking or traffic, the Community Development Director m<~y reduce the number of persons permitted, reduce the number of seats, limit the hours of operation, require additional parking or traffic management strategies and/or bring the permit back to the Planning Commission for review. Loitering: There shall be no loitering allowed in the area, in the parking lot, or along the property's frontages. The business owner and property owner are responsible for monitoring the premises to prevent loitering. Increased security patrols, and other measures .as appropriate, shall be used to reduce the incidence of loitering on the property. k. Smoking: "No Smoking" signs shall be posted and maintained on the premises in perpetuity in compliance with CMC 6.11.060. Noise: The tenant and property owner shall conduct the primary use within the building, except for those activities which will not create noise impacts on adjacent residents. Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors shall be kept closedl. m. Signs: New signage (including temporary banners) shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 6. Revocation of Permit: Operation of a public facility (church) and a residential parish operating pursuant to the Administrative Planned Development Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke the Administrative Planned Development Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 4 of 8 before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Administrative Planned Development Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development (Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 7. 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. 8. Outdoor Stora~c. e: No outdoor storage is permitted on the subject property. No equipment, materials or vehicles shall be parked and/or stored outside the building or within the parking lot. 9. Architectural Refinements: Architectural refinements to the project that would not substantially alter the design as determined by the Community Development Director, may be administratively reviewed and approved by the Community Development Director as part of the review of construction plans for a building permit. 10. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. Building Division: 11. Permits Required: A building permit application shall be required for the proposed new Storage Building and Trash Enclosure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. The building shall be made to comply with all the requirements necessary to the new buildings proposed occupancy. 12. Construction Flans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 5 of 8 14. 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. 15. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 16. Title 24 Enerc~y 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. 17. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection fornns from the Building Inspection Division Counter. 18. Non-Point Pollution Control: 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. 19. 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. 20. Title 24 Accessibility -Commercial: this project shall comply fully with the provisions of Chapter 11 B of the California Building Code 2013 ed. 21. Approvals Re ug fired: 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 22. 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. Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 6 of 8 23. Storm Water IReguirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. 24. Trash Enclosure Requirements: Trash Enclosure shall have solid roof. Enclosure shall have floor drain connected to Sanitary Sewer. Trash Enclosure shall be equipped with Fire Sprinkler System. FIRE DEPARTMENT 25. Review: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 26. Fire Sprinklers: The new trash enclosure may require a single fire sprinkler head connected to the domestic water supply. PUBLIC WORKS DEPARTMENT 27. Response Letter: Upon submittal of the Street Improvement Plan, the applicant shall provide an itemized response letter verifying that atl the Public Works Conditions of Approval have been met or addressed. 28. Lot Line Adjustment: The applicant shall make an adjustment to the associated and required Lot Line Adjustment Application to adjust the westerly boundary of both lots by 7.5 ft. According to Map No. 1 of the Rodeck Subdivision filed in Book O of Maps, page 1, a 15 ft alleyway was created (not an easement). APN 279-41-071 and APN279-41- 070 both submitted a lot line adjustment application to adjust the lot line to incorporate the 7.5ft alley which was approved by the City. Existing Site Plan SP-02 shows this to be a 7.5' easement when in fact that easement line is the property line. 29. Private Improvements Agreement: The owner shall execute an "Agreement for Private Improvements in the Public Right of Way". This agreement would be required to allow the existing fence/gate and water meter located in the public right of way along the frontage of this property, to remain. The other option would be to relocate the fence/gate and water meter on-site behind the right-of-way line. 30. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre, which is $1364.00. 31. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 7 of 8 prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Sto!rmwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for stormwater Quality Protection ("Start at t he Source") by the Bay Area stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 32. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply ~Nith all plan submittals, permitting, and fee requirements of the serving utility companies. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 33. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 34. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. North First Street was overlaid in 2013. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for ithe project. 35. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: Prior to issuance of any building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: Conditions of Approval Administrative Planned Development Permit (PLN2013-53) Page 8 of 8 a. The existing northerly driveway approach is not ADA compliant and shall be replaced with a City standard ADA complaint driveway. The existing width of 11 feet is substandard, current City standard is 12 feet minimum. b. Construction of conforms to existing public and private improvements, as necessary. 36. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 37. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 38. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 39. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.