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PC Res 3421RESOLUTION NO. 3421 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A MODIFICATION (PLN2002-04) TO A PREVIOUS CONDITIONAL USE PERMIT (PLN2000-24) TO EXTEND THE TEMPORARY TWO-YEAR APPROVAL TO Al.l JOW RECREATIONAL ACTIVITIES, CLASSROOMS AND MEETING ROOMS IN CONJUNCTION WITH THE CHURCH; ALLOW FOR THE ESTABLISHMENT OF A CHURCH VESTIBULE IN A PREVIOUS RESTAURANT SPACE AND APPROVAL OF A REVISED CANOPY ALONG THE STREET FRONTAGE OF THE BUILDINGS ON PROPERTY OWNED BY THE HOME CHURCH AT 1711-1765 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2002-04. 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 PLN2002-04: 1. The proposed uses are permitted in the P-D Zoning District, subject to the approval of a Conditional Use Permit. 2. Adequate on-site parking has been provided in excess of that required for a church/public assembly use with the provision of 224 parking spaces. 3. The proposed uses will occupy existing building area and will not expand the existing building areas. 4. Landscaping will be installed along the street frontage to buffer the parking area and help the facility blend with the existing site conditions and surrounding area. 5. The proposed architectural faqade improvements are replacing the existing dilapidate building canopy and are consistent with other commercial remodels in this neighborhood. A temporary use permit for a period of two years allows the establishment of uses that may service the surrounding neighborhood as well as not precluding future redevelopment of the shopping center. 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 Resomtion No. 3421 PLN2002-04- 1711-1765 S. Winchester Boulevard- Modification to Use Permit - The Home Church Page 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. The proposed site is of adequate shape and size to accommodate the screening, landscaping, and other features required in order to integrate the wireless telecommunications facility with uses in the surrounding area. 4. The establishment will not significantly disturb the peace and enjoyment of the nearby neighborhood. 5. 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 approves a Modification to a previously approved Conditional Use Permit (PLN2000-24) to extend the temporary two-year approval to allow recreational activities, classrooms and meeting rooms in conjunction with the church; allow for the establishment of a church vestibule in a previous restaurant space and approval of a revised canopy along the street frontage of the buildings on property owned by The Home Church at 1711-1765 S. Winchester Boulevard, 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 Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN 2002-04) to allow the following: a. Establishment of a bookstore and vestibule use at 1731 South Winchester Blvd. b. Extension of a previous use permit approval (PLN 2000-24) at 1739-1765 South Winchester Blvd., and c. Remodel of the building faffade on properties located at 1711-1765 South Winchester Blvd. Planning Commission Resomtion No. 3421 PLN2002-04 - 1711-1765 S. Winchester Boulevard - Modification to Use Permit - The Home Church Page 3 o o o o Project approval shall substantially comply with project plans dated February 15, 2002, prepared by the Hagman Group, except as may be modified by the Conditions of Approval herein. The operation of these facilities shall substantially conform to the project exhibits listed below and the attached letter describing the activities, except as may be modified by the Conditions of Approval contained herein: a. Project plans consisting of 7 sheets, prepared by the Hagman Group, dated February 15, 2002. b. Applicant's project description dated January 31, 2002, signed by Pastor Jimmy Zien Development Approval Expiration: All Conditions of Approval specified herein must be completed within one year from the date of approval or the Conditional Use Permit shall be void. Length of Permit Term: This Conditional Use Permit shall expire two years from the date of approval, on March 26, 2004. If the use is to continue, the applicant shall apply for an extension of this Conditional Use Permit approval. 1731 South Winchester Boulevard - Vestibule and bookstore- 4200 square feet 1739 - 1765 South Winchester Boulevard - Meeting rooms, classrooms, Koffee House, and Youth Ministry- 10,180 square feet Landscape and Irrigation Plans: The applicant shall submit four (4) sets of a landscape and irrigation plan prepared by a licensed professional to the Planning Division for review and approval by the Community Development Director prior to the issuance of a building permit. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS). Hours of operation: Hours of operation are limited 6:00 a.m. to 10:00 p.m. daily. Landscaping: Landscape maintenance shall be an on-going responsibility of the property owner and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and replacement of damaged or diseased plant material. On-site Lighting: On-site lighting shall not create a glare on adjacent properties and shall be maintained in working order at all times. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department prior to construction. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All vacant structures Planning Commission Resolution No. 3421 PLN2002-04 - 1711-1765 S. Winchester Boulevard - Modification to Use Permit - The Home Church Page 4 shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. 10. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. Details of the proposed roof screen for existing mechanical equipment shall be reviewed and approved by the Community Development Director, prior to the issuance of Building Permits. 11. Building Maintenance: The exterior of the building, including paint and signage, shall be maintained in good repair. The building shall be painted as necessary to maintain an attractive appearance. Repair and maintenance shall conform to the site and architectural approval for this project. The Community Development Director may approve minor modifications to the exterior of the buildings and major modifications shall be submitted to the Planning Commission for approval. 12. Parking: If verified on-going parking complaints regarding inadequate parking are received by the Community Development Department about the uses that are approved by this use permit, the Planning Commission may hold a Public Hearing to consider the matter. The Planning Commission may modify the conditions of approval to resolve the parking conflicts. The site plan submitted to the Building Division shall illustrate the provision of seven disabled parking spaces to comply with Title 24 of the California Uniform Building Code. 13. Utility Boxes and Back-Flow Preventers: If applicable, the applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back- flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 14. Trash Disposal/Recycling: The applicant shall provide details regarding the design and location of trash disposal/recycling facilities necessary to serve the uses to be reviewed and approved by the City prior to the issuance of building permits for the project. The design of the trash enclosure shall match the building in terms of color and finish. 15. Signs: Any new signs proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. Planning Commission Resomtion No. 3421 PLN2002-04 - 1711-1765 S. Winchester Boulevard - Modification to Use Permit - The Home Church Page 5 No sign shall be permitted until the application is approved and a permit issued. The existing freestanding sign at 1711 S. Winchester Boulevard may be relocated to accommodate new sidewalk improvements. 16. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public address system, generated by uses within the building shall not be audible to a person of normal hearing acuity from any residential property and shall not disturb adjacent retail uses. In the event verified noise complaints are received by the City, the Community Development Director, upon confirmation that the noises are generated by uses in the building, may limit the operation hours of the uses within the building and/or may require a Noise Management Plan to be submitted by the applicant. The review of noise complaints will be limited those complaints with a factual basis that violate relevant City, State or Federal laws. 17. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Building Division 18. Permits Required: A building permit application shall be required for the proposed improvements. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 21. 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. 22. 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. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 Planning Commission Resolution No. 3421 PLN2002-04 - 1711-1765 S. Winchester Boulevard - Modification to Use Permit - The Home Church Page 6 with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. Water Pollution Prevention: 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. 25. 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. 26. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 28. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current preliminary title report, grant deed, or other satisfactory proof of ownership. 29. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Winchester Boulevard frontage to accommodate a 45 foot half street with 10 feet from face of curb to back of walk. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City' s review and recordation. 30. Private Easements: Prior to issuance of any grading or building permits for the site, the applicant shall cause Private Easements to be recorded, as needed, for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 31. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement and shall 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 fee for a non-utility encroachment permit application is currently $255.00. The plans shall include the following: Planning Commission Resomtion No. 3421 PLN2002-04 - 1711-1765 S. Winchester Boulevard - Modification to Use Permit - The Home Church Page 7 a. Removal of one of the existing driveway approaches and curb, gutter, and sidewalk as necessary for construction of one new ADA compliant driveway approach, sidewalk, curb, gutter, and related improvements, as necessary for the driveway. b. Remove the other driveway approach and curb, gutter, and sidewalk as necessary and replace with new sidewalk, curb, and gutter. c. Widen existing 5' wide sidewalk to 10' wide sidewalk along Winchester Boulevard. d. Protect and reconstruct the street tree irrigation system, as necessary; e. Removal of existing street lights mounted on wood poles and install three new standard street lights with galvanized steel poles and appurtenances. f. Construction of conforms to existing public and private improvements, as necessary. 32. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 33. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 34. Drainage System: Prior to occupancy clearance, the applicant shall unplug, refurbish, remodel, and reconstruct the on-site Drainage System, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 35. 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 which is $2,500 per acre or $8,950. 36. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. The City will provide the applicant with information to assist in complying with this Condition of Approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. 37. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Lot Line Adjustment application for approval by the City Engineer. The current application processing fee is $625.00 per lot line. Planning Commission Resolution No. 3421 PLN2002-04 - 1711-1765 S. Winchester Boulevard - Modification to Use Permit - The Home Church Page 8 PASSED AND ADOPTED this 9th day of April, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Hemandez, and Leonard None None None APPROVE Tom Francois, Chair ATTEST: Sharon Fierro, Secretary Jones