PC Res 3063RESOLUTION NO. 3063
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A MODIFICATION TO A PREVIOUSLY-APPROVED
PLANNED DEVELOPMENT PERMIT TO ALLOW AN
OUTSIDE PLAY AREA IN A PORTION OF THE APPROVED
PARKING AREA FOR AN EXISTING CHURCH LOCATED AT
62 S. SAN TOMAS AQUINO ROAD IN A C-PD
(C ONDOMINILqVI/PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. ALBERT KIM. FILE NO.
M 96-15.
After notification and public heating, 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 M 96-15:
1. The project is categorically exempt under the provision of the California
Environmental Quality Act.
The proposed project, subject to the conditions of approval is similar to other
recently established commercial uses in this neighborhood.
3. The proposed playground use is consistent with the General Plan.
The proposed design and location of the playground structure is consistent with
other developments in the surrounding area and is consistent with the development
standards for commercial uses.
The proposed project will be compatible to adjacent residential and commercial
uses.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
The proposed development and uses clearly will result in a more desirable
environment and use of the land than would be possible under any other zoning
classification.
The development and proposed land use are compatible with the General Plan of
the City and will aid in the harmonious development of the immediate area.
The proposed development will not result in more intensive use of the property than
would be allowed by other commercial zoning districts which are consistent with
the general plan designation of the property; and
Planning Commission Resolution No. 3063
M 96-15 - 62 S. San Tomas Aquino Road
Page 2
The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the Ordinances of the City of Campbell and
the State of California. 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.
PLANNING DEPARTMENT
1. Approved Project: Approval is granted to construct a new playground area of
approximately 1900 square feet on the project site. The playground design shall
substantially conform to the exhibits listed below, except as may be modified by
the Conditions of Approval.
A. Site and playground plans prepared by Albert Kim, consisting of a site plan,
elevations and detailed structure plan.
Bo
Approved usage of playground shall substantially comply with the operational
hours provided in the applicant's letter dated November 6, 1996 and is
attached as Exhibit "3" of the Planning Commission report.
Playground Hours:
Sundays
Monday - Saturday
10:00 A.M to 6:00 P..M.
9:00 A. M. to 6:00 P. M.
Noise: Noise associated with playground use shall not unreasonably interfere
with use and enjoyment of adjacent residential properties. In the event that
complaints are received regarding unreasonable noise, the approved hours of
operation may be limited as modified by the Community Development Director.
Fencing: A fencing plan indicating location, height, and details of the tubular steel
fence adjacent to parking area to be approved by the Planning Department prior to
issuance of a building permit.
o
Property Maintenance: The applicant is hereby notified that the property is to be
maintained free of any combustible trash, debris and weeds.
On-site Lighting: On-site lighting shall be shielded away from adjacent properties
and directed on site. Details of project any proposed lighting shall be approved by
the Planning Department prior to the issuance of building permits.
Planning Commission Resolution No. 3063
M 96-15 - 62 S. San Tomas Aquino Road
Page 3
Parking Agreement: Applicant to provide a copy of a parking agreement with the
neighboring commercial use(s) to allow the usage of 16 parking spaces on Sundays
during services. Agreement to be provided in a form, acceptable to the City
Attorney, which may be recorded and shall remain in effect for the duration of the
playground areas usage in the parking area. Agreement shall be filed and recorded
prior to the issuance of building permits.
o
Signage: Signage is not approved as part of this application. Any exterior building
signage shall require a sign permit and approval as required by Chapter 21.53
(Signs) of the Campbell Municipal Code.
FIRE DISTRICT
9. No Fire District Requirements.
BUILDING DIVISION:
10. Applicant to obtain any necessary Building Permits prior to installation of the
playground structure
PUBLIC WORKS
11. No requirements.
PASSED AND ADOPTED this lffh day of December, 1996, by the following roll call
vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alne, Gibbons, Jones,
Meyer-Kennedy
None
None
None
APPROVED:
TTE T \iX,,. [~~
Keams, Lindstrom, Lowe,