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PC Res 4646RESOLUTION NO. 4646 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW RELOCATION OF AN EXISTING OFFICE BUILDING (CONVERTED FOLK-VICTORIAN RESIDENCE) TO 1980 HAMILTON AVENUE FOR USE AS AN ADMINISTRATIVE OFFICE FOR THE FIRST CONGREGATIONAL CHURCH OF SAN JOSE; AND A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF THREE PROTECTED TREES ASSOCIATED WITH THE STRUCTURE RELOCATION. FILE NO.: PLN-2021-33 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 file number PLN-2021-33: 1. The Proposed Project is application (PLN-2021-33) for a Conditional Use Permit to allow relocation of an existing office building (converted Folk-Victorian residence) from 1940 Hamilton Avenue to 1980 Hamilton Avenue for use as an administrative office for the First Congregational Church of San Jose; and a Tree Removal Permit removal of three protected trees. 2. The Project Site (receiving property) is a six-acre parcel that contains the First Congregational Church of San Jose, located at the northeast corner of Leigh and Hamilton Avenues. 3. The Project Site is zoned P-F (Public Facilities) as shown on the Campbell Zoning Map. 4. The Project Site is designated Institutional as shown on the Campbell General Plan Map. 5. The First Congregational Church of San Jose is classified by the Zoning Code as a "public assembly use". Since the Church was established prior to incorporation into the City of Campbell, it is considered a legal non-conforming use due to a lack of a Conditional Use Permit. Pursuant to CMC Sec. 21.58.040.G "any change" to intensify or expand the use, such as the proposal to relocate the converted office structure onto the Church campus, requires approval of a Conditional Use Permit. 6. The overall use of the property would remain unchanged with the placement of the proposed structure. 7. The parking requirement for a "public assembly" use in based on the number of seats or the square-footage of the congregation area. Since the relocated building is intended Planning Commission Resolution No. 4646 Page 2 of 3 1980 Hamilton Avenue Conditional Use Permit (PLN-2021-33) to be used as administrative office by the Church, its placement does not incur an additional parking requirement. 8. The trees proposed to be removed would either conflict with the placement of the building or would be in the way of the anticipated relocation route. As such, their retention would preclude the Church's ability to receive the building. 9. In review of the proposed project, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 10. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 11. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Planning Commission Resolution No. 4646 Page 3 of 3 1980 Hamilton Avenue Conditional Use Permit (PLN-2021-33) Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A): 7. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property; Environmental Finding(s) (CMC Sec. 21.38.050): 8. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure; and 9. 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit to allow relocation of an existing office building (converted Folk-Victorian residence) to 1980 Hamilton Avenue for use as an administrative office for the First Congregational Church of San Jose; and a Tree Removal Permit removal of three protected trees, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 14th day of June, 2022, by the following roll call vote: AYES: Commissioners: Rivlin, Ching, Buchbinder, Kamkar, Krey, Ostrowski NOES: Commissioners: ABSENT: Commissioners: Zisser ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:42 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit 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 1. Approved Project: Approval is granted for a Conditional Use Permit to allow relocation of an existing office building (converted Folk-Victorian residence) from 1940 Hamilton Avenue to 1980 Hamilton Avenue for use as an administrative office for the First Congregational Church of San Jose; and a Tree Removal Permit removal of three protected trees. The project shall substantially conform to the Project Plans included as Attachment No. 2 in the June 14, 2022 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Approval Expiration: The Conditional Use Permit and Tree Removal Permit approved herein (hereon "Approval") shall be valid for one (1) year from the effective date of the Planning Commission action. Within this one-year period an application for a building permit to relocate the structure must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. 3. Existing Conditional Use Permit: The existing Modified Conditional Use Permit (PLN2019-141) approved by Planning Commission Resolution No. 4521 for the operation of a commercial school/daycare center on the Project Site shall remain in full force and effect and severable from this Approval. 4. Accessibility Ramp: The applicant shall work with the Community Development Director on a finalized design for the accessible ramp into the relocated structure. If possible, the ramp shall be located to the side or rear of the structure. 5. Operational Standards: Any continued operation of the public assembly use operating pursuant to this Approval shall conform to the following operational standards. a. Approved Use: The approved use is a "public assembly use" as defined by the Campbell Municipal Code and limited by the operational standards listed herein. The use of the relocated structure shall be limited to an administrative office for the Church. b. Capacity: The public assemble use area (sanctuary) is limited to 450 seats, consistent with previous City records (M 93-05, M 96-06, and UP 97-05). c. Worship Services: Worship services shall be scheduled so as to not interfere with the operation of the private school on the property, which generally shall Exhibit A - Conditions of Approval ~ 1980 Hamilton Avenue Page 2 PLN2017-406 – Conditional Use Permit mean that services shall be held Saturdays and Sundays or in the weekday evenings. If overlapping activities result in complaints to the City, the Community Development Director shall review the schedule of on-site activities and impose restrictions as appropriate. 6. General Requirements: The property shall be maintained consistent with the following requirements. Non-compliance with these standards shall be grounds for consideration of revocation of the Conditional Use Permit pursuant to Condition of Approval No. 7 (Revocation of Permit). a. Property Maintenance: All exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. b. Outdoor Storage: No equipment or materials shall be stored outside or within the parking lot. c. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done between 7:00 AM and 9:00 PM Monday through Friday. d. On-Site Lighting: On-site lighting shall be shielded away from adjacent property in compliance with the Campbell Lighting Design Standards (CMC Sec. 21.18.090). e. Landscape Maintenance: All landscaping shall be maintained in accordance with the City Landscaping Requirements (CMC Ch. 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. f. Parking: The parking lot shall be maintained in compliance with the standards in Campbell Municipal Code. All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. Parking shall be restricted for on-site uses only. g. Noise: Regardless of decibel level, no noise generated from the property shall obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. In the event verified complaints are received by the City regarding such noise, the Community Development Director may commence revocation proceedings, pursuant to Condition of Approval No. 9 (Revocation of Permit). h. Tree Protection: All protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction. 7. Revocation of Permit: All on-site land uses are 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 a land use permit if it is determined that the Exhibit A - Conditions of Approval ~ 1980 Hamilton Avenue Page 3 PLN2017-406 – Conditional Use Permit land use(s) has become a nuisance to the City’s public health, safety or welfare or for violations of the land use permit or any standards, codes, or ordinances of the City of Campbell. The Church shall be obligated to cover the actual cost of all staff time associated with revocation proceedings. This obligation may be enforced by the City as permitted by law. At the discretion of the Community Development Director, if any on-site use generates three (3) verifiable complaints related to violations of conditions of approval, parking, and/or noise during a (1) year period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. The Community Development Director may commence revocation proceedings upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time modify the operational parameters of any approved land use to address issues affecting the public health, safety, and welfare. Building Division 8. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 9. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. PUBLIC WORKS DEPARTMENT 10. Encroachment Permit: The applicant is strongly encouraged to move the structure directly between private properties without encroaching into Hamilton Avenue. Hamilton Avenue is a Major Arterial with very high traffic volumes. Any encroachment into the roadway will require an encroachment permit, including a comprehensive traffic control / detour plan. Depending on the amount of time needed, working hours may be restricted to off-peak and/or late evening / early morning hours. Please also note that the existing overhead utility lines along the Hamilton Avenue frontage may limit the ability of moving the structure out to Hamilton Avenue. COUNTY FIRE DISTRICT 11. Scope of Review: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements 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. 12. Fire Alarm System: (As Noted on Sheet A-0.0) Required fire alarm system shall be designed and installed as required in the currently adopted edition of CFC Sec, 907, as Exhibit A - Conditions of Approval ~ 1980 Hamilton Avenue Page 4 PLN2017-406 – Conditional Use Permit adopted and amended by the CBLMC and referenced codes and Standards, including, but not limited to, NFPA 72. 13. Water Supply Requirements: (As Noted on Sheet A-0.0) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 14. Address identification: (As Noted on Sheet A-0.0) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. [CFC Sec. 505.1]. 15. Construction Site Fire Safety: (As Noted on Sheet A-0.0) All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. [CFC Chp. 33]. 16. Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 17. Fire Apparatus (Engine) Access Roadway Required: Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. Resol 4646 ~ 1980 Hamilton Ave. Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAECsFMvw5DZaIC2vIZYY7BwXFutW_W1f1 "Resol 4646 ~ 1980 Hamilton Ave." History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:35:46 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:36:04 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:43:15 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:43:17 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:41:53 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:42:28 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:42:30 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:42:30 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.