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PC Res 3112RESOLUTION NO. 3112 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A CHURCH FOR A ROTATING HOMELESS SHELTER ACCOMMODATING A MAXIMUM OF FIFTEEN (15) PERSONS FOR ONE MONTH EACH YEAR ON PROPERTY LOCATED AT 1980 HAMILTON AVENUE IN A PF (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MS. WENDY LAVOY ON BEHALF OF FIRST CONGREGATIONAL CHURCH OF SAN JOSE. FILE NO. UP 97-06. 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 97-06: Compatibility: The use is desirable to the public convenience or welfare and is in harmony with policy E of the City's General Plan Housing element. The project does not proposed any new buildings. There is adequate room in the church classroom and adjacent kitchen to accommodate feeding and sheltering of 15 persons and their two supervisors. o Scale: The proposed project is an appropriate scale in relationship to the church buildings and adjacent developed uses. One room of the church will be used for one month of the year for shelter for a maximum of 15 persons and their supervisors. o Parking: The number of parking spaces provided for church use more than adequately meets the needs of the homeless persons for overnight parking, as not many have vehicles. The site is well located for the provision of transportation to the program participants, as it is at the intersection of two or more bus routes, one of which travels into a major metropolitan city. Based upon the foregoing findings of fact, the Planning Commission concludes that: 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 adequate in size and shape to accommodate the proposed sheltering and feeding of up to a maximum of 15 persons and their two supervisors for a maximum stay of 30 days each September form 7 a.m. to 7 p.m. o The proposed accessory use of the church site is compatible with the Public Facilities Zoning of the site. Planning Commission Resolution No. 3112 UP 97-06 - 1980 Hamilton Avenue - First Congregational Church of San Jose Page 2 Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. PLANNING 1. Use Permit. The proposed use shall substantially comply with the Planning Commission approval. Said approval is subject to the description of uses as indicated in the First Congregation Church of San Jose' application description, and the Operations Manual of the Community Inns Rotating Housing Program. Timing: The proposed use shall be for one month of the year (September). The designated month may be changed to another month, but not to exceed 31 consecutive days in one year, with the approval of the Community Development Director, and notice provided to residents located within 300 feet of the church site. Occupancy: A maximum of 15 carefully screened homeless men will be permitted from 7 p.m. to 7 a.m. on the site. The men shall be sheltered, fed and closely supervised by an on-site manager and case manager during the time they are at the church site. FIRE 4. Notice of Dates, Location: The applicant shall send a note to the Fire Department informing it of the dates of the temporary shelter, with a floor plan indicating the location of the sleeping room and kitchen. Smoke Detector: A battery operated smoke detector shall be located on the ceiling of each room used for sleeping. The battery shall be tested (changed) prior to occupancy each year 6. Unobstructed Exits: ALL exit doors shall be kept free of obstruction and chains. Operational Safety Equipment: Existing fire extinguishers, exit signs, and emergency back up lighting shall be in working order. o Cooking Locations: No on-site cooking shall be allowed except in locations approved by the Fire Department. Notice for Escape Routes: Escape routes shall be posted so that they are available for the occupants to review and utilize in the event of an emergency. Planning Commission Resolution No. 3112 UP 97-06 - 1980 Hamilton Avenue - First Congregational Church of San Jose Page 2 10. Inspection Required Prior to Occupancy: Inspection by the Fire Department shall be conducted prior to issuance of Fire clearance permit. The Fire Department permit shall constitute assurance to the City of Campbell that all fire and life safety issues have been addressed. The Church should call for inspection with adequate lead time before the planned occupancy, as other items may be discovered which need to be addressed for safety. PASSED AND ADOPTED this 12th day of August, 1997, by the following roll call vote: AYES: Commissioners: Alne, Gibbons, Lindstrom, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: ABSTAIN: Commissioners: ~one I. Bud Alne, A~ ATTEST ~ Steve'l~as~ki, Secretary