PC Res 3799
RESOLUTION NO. 3799
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A PERMANENT
ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2006-
56) TO ALLOW THE CONTINUED USE OF COMMERCIAL
BUILDINGS AS A CHURCH AND RELATED SUPPORT FACILITIES
ON PROPERTY OWNED BY HOME CHURCH LOCATED AT 1711-
1799 S. WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
JIMMY ZIEN, ON BEHALF OF HOME CHURCH. FILE NO:
PLN2006-56.
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 PLN2006-56.
1. The proposed meeting rooms, recreational facilities and classrooms are permitted
with the granting of an Administrative Planned Development Permit in the P-D
zoning district.
2. The proposed meeting rooms, recreational facilities and classrooms are consistent
with the commercial land use designation of the General Plan and the P-D (Planned
Development) zoning designation for the site.
3. The use of the site for recreational facilities and classrooms in the proposed tenant
locations will not have an adverse affect on the existing retail and office uses located
at the shopping center or other commercial uses in the vicinity.
4. The meeting rooms, recreational facilities and classrooms, subject to the conditions
of approval, are compatible with the adjacent land uses and the surrounding
neighborhood.
5. There is sufficient parking on the site to accommodate the meeting rooms,
recreational facilities and classrooms that will occupy former retail tenant spaces.
The varying times for these activities will not conflict with the parking requirements of
the other uses in the shopping center.
6. The meeting rooms, recreational facilities and classrooms will not significantly
increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3799
PLN2006-56 - 1711-1799 S. Winchester Boulevard
Administrative PD Permit - Home Church
Page 2
1. The continued use of the meeting rooms, recreational facilities and classrooms will
aid in the enhancement and the harmonious development of the immediate area.
The maintenance or operation of the continued use will not be detrimental to the
health, safety, or welfare of the neighborhood or the City as a whole.
2. The proposed site is adequate in size and shape to accommodate the proposed
uses and the surrounding uses in the area.
3. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such uses would generate.
4. The proposed establishment is compatible with the adjacent land uses and the
surrounding neighborhood.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a permanent
Administrative Planned Development Permit (PLN2006-56) to allow the continued use
of commercial buildings as a church and related support facilities on property owned by
Home Church located at 1711-1799 S. Winchester Boulevard in a P-D (Planned
Development) Zoning District.
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. Aooroved Project: Approval is granted for a permanent Administrative Planned
Development Permit (PLN2006-56) to continue the use of meeting rooms,
recreational facilities and classrooms in tenant spaces located in property known as
1711-1799 S. Winchester Boulevard. There are no physical changes to the tenant
spaces requested by the applicant. 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. Revised site, floor, landscape, fencing, and trash enclosure plans stamped as
received December 08, 2006, prepared by The Hagman Group.
Planning Commission Resolution No. 3799
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Administrative PD Permit - Home Church
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B. Applicant's project description dated May 11, 2006, signed by Associate Pastor
Jimmy Zien.
2. Hours of Ooeration: Hours of operation are 8:00 a.m. to 10:00 p.m. daily. No noise
generating activity of any kind shall occur between the hours of 11 :00 p.m. to 6:00
a.m.
3. Landscapino: 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.
4. On-site Liohtino: On-site lighting shall not create a glare on adjacent properties and
shall be maintained in working order at all times.
5. Buildino Division Reauirements: Prior to the issuance of building permits, the
applicant shall comply with all Building Code requirements and obtain necessary
permits as determined by the City's Building Division.
6. FenceslWalls: 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.
7. Trash Enclosures: 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.
8. Property Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences. All
existing structures 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.
9. Location of Mechanical Eauipment: 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
Planning Commission Resolution No. 3799
PLN2006-56 - 1711-1799 S. Winchester Boulevard
Administrative PD Permit - Home Church
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Community Development Director prior to the installation of such mechanical
equipment.
10. Buildino Maintenance: The exterior of the building, including awnings, 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.
11. Parkino: If verified on-going parking complaints are received by the Community
Development Department about the uses that are approved by this Administrative
Planned Development Permit, the Community Development Director may
immediately modify the Conditions of Approval to resolve the parking conflict,
subject to the project being brought back to the Planning Commission for review.
12. 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.
13. Siqns: Any 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. No sign shall be permitted until the
application is approved and a permit issued.
14. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, bells,
revving of engines, tools, and/or music generated by the subject use shall not be
audible to a person of normal hearing capacity from any residential property. The
use of a public address system is not allowed for this project.
b. Noise Manaaement: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours
of operation and/or limit the extended hours of operation, subject to the project
being brought back to the Planning Commission for review.
15. Outdoor Storaoe or Display: No outdoor storage is permitted on the subject
property. No equipment or material shall be stored outside the building or within the
parking lot.
Planning Commission Resolution No. 3799
PLN2006-56 - 1711-1799 S. Winchester Boulevard
Administrative PD Permit - Home Church
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16. Parkina and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards of Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
Building Division
17. Permits Reauired: A building permit application shall be required for the proposed
tenant improvement. The building permit shall include Electrical, Plumbing, or
Mechanical fees when such work is part of the permit.
18. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
19. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
20. 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.
21. 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.
22. 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 with U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
23. Non-point Source Pollution Control Prooram. 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.
24. 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.
25. Title 24 Hardship Exemption: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form
Planning Commission Resolution No. 3799
PLN2006-56 - 1711-1799 S. Winchester Boulevard
Administrative PD Permit - Home Church
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on submitted construction plans. Form is available at Building Division service
counter.
26.Approvals Reauired: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
PUBLIC WORKS DEPARTMENT
27. Previously Approved Proiect: In April, 2002 (PLN 2002-04) the applicant was
granted a modification to a previous conditional use permit (PLN 2000-24) to extend
the temporary two year approval to continue to operate a church, and to allow
recreational activities, classrooms/meeting rooms and approval of a revised
architectural canopy along the street frontage. At the time the applicant requested
relaxed requirements for the streetscape standards. The City's streetscape
standards along Winchester Boulevard include a new 10 foot sidewalk and new
street trees installed just behind the curb. At that time, the applicant stated that
acquisition attempts were being made of the neighboring property. Once acquired,
the Home Church would own all of the properties in the complex. Representatives
from the Home Church indicated that when the property was acquired they would
submit a master plan development application for the entire site and at that time they
would be willing to satisfy the City's standard streetscape requirements. The City
complied with the Home Church's request and only required a 5 foot sidewalk added
to the existing walk and the existing street trees to remain at back of walk as a
temporary condition until the full development for the site was possible. Since April
2002 no application for a master plan has been received for the site. The City is now
requiring that the streetscape standards be installed along Winchester Blvd.
28. Proof of Ownership: Within 30 days of approval of the development permits for the
site and prior to any building permits for the site, the applicant shall provide a current
Preliminary Title Report, grant deed, or other satisfactory proof of ownership.
29. Public Utility Easement: Within 30 days of approval of the development permits for
the site and prior to any building permits for the site, the applicant shall grant a 10
foot public utility easement on private property contiguous with the public right-of-
way along the Winchester Blvd. frontage. 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. Street Improvements: Within 30 days of approval of the development permits for the
site and prior to any building permits for the site, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared
Planning Commission Resolution No. 3799
PLN2006-56 - 1711-1799 S. Winchester Boulevard
Administrative PD Permit - Home Church
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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:
Winchester Blvd.
a. Show location of all existing utilities within existing public right-of -way.
b. Relocation of existing utility boxes/covers, etc. outside of sidewalk area. No utility
boxes/covers, etc. will be allowed in the sidewalk area.
c. Removal of existing sidewalk and trees.
d. Installation of City specified street trees, tree wells and irrigation at 30 feet on
center.
e. Installation of City standard sidewalk.
f. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as
necessary.
31.Additional Street Improvements: Should any new utility main lines or other work
required to service the development that affect any public improvements, the City
may add conditions to the development/project, at the discretion of the City
Engineer, to restore pavement or other public improvements to the satisfaction of the
City.
32. Construction and Finalization: The applicant shall have the required street
improvements installed and accepted by the City within 1 year of signing the street
improvement agreement. Once constructed the design engineer shall submit as-built
drawings to the City.
33. Maintenance of Landscapina: Owner(s), current and future, are required to maintain
the trees 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.
34. Utility Coordination Plan: 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.
35. 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
Planning Commission Resolution No. 3799
PLN2006-56 - 1711-1799 S. Winchester Boulevard
Administrative PD Permit - Home Church
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within the previous five years will require boring and jacking for all new utility
installations. Winchester Blvd. was overlaid in 2002. The pavement restoration plan
shall indicate how the street pavement shall be restored following the installation or
abandonment of all utilities necessary for the project.
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.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Storm water Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
PASSED AND ADOPTED this 2th day of February, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois and Gibbons
Rocha and Roseberry
Ebner
None
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APPROVED: / .". .'it1/ ~.' I~
Michael Rocha, Chair
ATTEST:
Secretary