PC Res 3281RESOLUTION NO. 3281
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING A LIMITED TERM CONDITIONAL USE
PERMIT (PLN2000-24) TO ALLOW FOR THE
INCLUSION OF RECREATIONAL ACTIVITIES,
CLASSROOM USES AND MEETINGS ON PROPERTIES
OWNED BY HOME CHURCH LOCATED AT
1739/1755/1765 AND 1799 S. WINCHESTER
BOULEVARD IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. JIMMY
ZIEN FOR HOME CHURCH. FILE NO. PLN2000-24.
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 PLN2000-24.
1. The proposed meeting rooms, recreational facilities and classrooms a permitted with the
granting of a Conditional Use Permit in the C-2-S zoning district.
The proposed meeting rooms, recreational facilities and classrooms are consistent with the
commercial land use designation of the General Plan and the C-2-S (General Commercial)
zoning designation for the site.
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The use of the site for a period of two years for meeting rooms, 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.
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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. 3281
PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church
Page 2
The establishment of the meeting rooms, recreational facilities and classrooms will aid in the
enhancement and the harmonious development of the immediate area. 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.
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.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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 (PLN 2000-24) for a
period of two years to establish meeting rooms, recreational facilities and classrooms in
tenant spaces located in property known as 1739, 1755, 1765 and 1799 S. Winchester Blvd.
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. Plot plan stamped as received April 28, 2000, prepared by JD
B. Floor plans stamped as received April 28, 2000, prepared by JD
C. Applicant's project description dated April 28, 2000, signed by Associate Pastor Jimmy
Zien
2. Hours of operation: Hours of operation are 8:00 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.
4. On-site Lighting: On-site lighting shall not create a glare on adjacent properties and shall be
maintained in working order at all times.
Planning Commission Resolution No. 3281
PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church
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Building Division Requirements: 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.
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.
Rear Alley Access Improvements: The alleyway and parking area located at the westerly
property line shall be repaired to a standard to accommodate Fire Department access.
Grading and drainage plans for repaving shall be submitted to the Public Works Department
for evaluation and approval within 30 days of the approval of the use permit and the work
shall be performed as approved within six months of approval of the use permit.
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.
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.
10. Building 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. Parking: If verified on-going parking complaints 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.
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-
Planning Commission Resolution No. 3281
PLN2000-24- 1739/1755/1765 & 1799 S. Winchester Blvd.- Home Church
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flow preventers, indicating the location of the boxes and screening (if the boxes are above
ground) for approval by the Planning Division.
13. 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.
14. Signs: 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.
15. 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 complaints are received by the City regarding noise, 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.
CENTRAL FIRE DISTRICT:
16. Review of this development 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 Fire Codes. Prior to
performing any work the applicant shall make application to, and receive from, the Building
Division all applicable construction permits.
17. The applicant is advised that the time of Building Permit submittal, the architect shall
provide a complete area calculation summary for the entire complex. It is noted that the
existing complex is nearing a point where the majority of building use is dedicated to
assembly use.
18. The shall the designer shall provide an area calculation in accordance with the Building
Code, reflecting compliance with the "sum of area ratios" for assembly uses associated with
the Home Church.
PUBLIC WORKS DEPARTMENT:
19. Preliminary Title Report: Prior to issuance of any permits, the applicant shall provide current
Preliminary Title Reports for the properties.
Planning Commission Resolution No. 3281
PLN2000-24 - 1739/1755/1765 & 1799 S. Winchester Blvd. - Home Church
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20. Right-of-Way for Public Street Purposes: Prior to issuance of any permits, the applicant shall
grant additional Right-of-Way for Public Street Purposes along the Winchester Boulevard
frontage to accommodate a 45-foot half street. 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.
21. Street Improvements: Prior to issuance of any permits, the applicant shall execute a street
improvement agreement and shall cause plans for public Street Improvements to be prepared,
pay fees, post security and provide insurance necessary to obtain an encroachment permit for
construction of the public improvements, as required by the City Engineer. The plans shall
include the following:
· Repair of sidewalks and driveway approaches.
22. 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 unless
previously paid.
23. Utilities: Any 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.
24. 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.
25. 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.
PASSED AND ADOPTED this 23ra day of May, 2000, by the following roll call vote:
Planning Commission Resolution No. 3281
PLN2000-24- 1739/1755/1765 & 1799 S. Winchester Blvd.- Home Church
Page 6
AYES: Commissioners:
Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Cowe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
APPROVED:
~a~ett~ ~ibbons, Chair
Sharon Fierro, Secretary