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