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PC Res 3140RESOLUTION NO. 3140 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A COMMERCIAL SCHOOL ON PROPERTY LOCATED AT 2155 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) AND R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF THE CHURCH OF SCIENTOLOGY. FILE NO. UP 97-20. 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 UP 97-20: 1. Commercial schools are permitted in a C-2-S (General Commercial) Zoning District subject to approval of a Use Permit. The applicant will occupy a 10,000 square foot tenant space in an existing 31,400 square foot office building; the classroom areas (including the audio/visual rooms) to be used to conduct the commercial school will be limited to a total of five (5) classrooms and a maximum of 2,200 square feet. 3. The proposed commercial school is a compatible use within the existing office building and the surrounding neighborhood. 4. The establishment of the proposed school will not entail exterior modifications to the building. 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 the City's Zoning Ordinance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. o The establishment, maintenance, and/or operation of the use applied for will not be detrimental to the 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. Planning Commission Resolution No. 3140 UP 97-20 - 2155 S. Bascom Avenue - Church of Scientology Page 2 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 Use Permit allowing the establishment of a 10,000 square foot commercial school to be located within an existing two-story office building located at 2155 S. Bascom Avenue. The applicant shall be limited to a maximum of five (5) classrooms and 2,200 square feet of the tenant space for classroom (including audio/visual rooms) use. The project shall substantially comply with the letter dated November 25, 1997 and project plans submitted on December 5, 1997 by the Church of Scientology, except as modified by the Conditions of Approval herein. Hours of Operation: Hours of operation for the Church of Scientology shall be limited to the following: Monday through Friday 9:00 a.m. to 10:00 p.m. Saturday and Sunday 9:00 a.m. to 6:00 p.m. 3. Building Division Requirements: The following requirements are based on classification of this project as B(office) and E-2 (educational) uses: A. The total occupant load is approximately 150 persons based upon the following: Offices Counseling Offices Courserooms (including audio/visual rooms) Lounges: Library: 16 persons 18 persons 78 persons 25 persons 13 persons B. The applicant shall verify the existence of, or provide, one (1) hour fire-resistive construction for the main corridor of this floor; verify or provide twenty (20) minute doors in this corridor, and protection of openings per UBC 1005.7. (Note: The possible substitution of sprinklers for fire-resistive construction does not apply in this case, since it is not strictly an office use.) C. Final plans must be designed, stamped and signed by a licensed Architect or Engineer per UBC 106.3. Planning Commission Resolution No. 3140 UP 97-20 - 2155 S. Bascom Avenue - Church of Scientology Page 3 Use of Assist Tables and Sauna: Use of the assist tables in the counseling rooms and the sauna shall not be used for any type of "massage" uses as defined in Chapter 5.48.010 of the Campbell Municipal Code. The use of the assist tables and sauna shall substantially comply with the applicant's letters of description dated November 25, 1997 and December 3, 1997. Approval Expiration: The proposed use shall be in operation and all conditions of approval specified herein must be completed within one year from the date of approval or the Use Permit shall be void. 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. Business Operation: The applicant shall operate and maintain this use in a manner which is not objectionable, offensive or incompatible with the surrounding uses and/or neighborhood. Operation of this use in violation of the Use Permit or City of Campbell standards, codes and ordinances shall be grounds for revocation of the Use Permit. 8. Exterior Modifications: No exterior modifications shall be made to the building in conjunction with the approval of this project. Maintenance of sidewalks and walkways: Prior to operation of the approved use in the building, the applicant shall be required to repair and/or replace any portions of the sidewalks in the public right-of-way along S. Bascom Avenue and walkways leading to the building which are not properly maintained and are in disrepair (i.e. broken and/or cracked portions of the sidewalks and walkways, raised sidewalk and walkway areas, etc.). The applicant shall be required to obtain all necessary permits by the City, including encroachment permits by the Public Works Department, for repair and/or replacement work to be conducted. 10. Trash Enclosure: The applicant shall be required to repair and maintain the trash enclosure on-site prior to operation of the approved use in the building. CENTRAL FIRE DISTRICT: 11. Development 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 apply to the Building Department for applicable construction permits. Planning Commission Resolution No. 3140 UP 97-20 - 2155 S. Bascom Avenue - Church of Scientology Page 4 12. Floor Plan: At time of building permit (if needed) or prior to occupancy, the applicant shall show compliance of areas constituting public assembly areas either through construction or pre-occupancy inspections by this department with Building and Fire Code provisions for assembly uses. 13. Sprinkler Requirements: If building is already equipped with fire sprinklers, modify the existing system to accommodate proposed wall modifications. 14. Fire Department Key Box Required: Provide an approved Fire Department key box and appropriate building keys. Installations shall conform with Fire Department Standard Detail and Specification K-1. Note: This applies if the building is fire sprinklered and no such key box exists at this time. PASSED AND ADOPTED this 13th day of January, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Steve Piascecki, Secretary Francois, Keams, Lowe, Meyer-Kennedy None Gibbons, Jones, Lindstrom None APPROV~ ~ Dennis Lowe, Chair