PC Res 2981RESOLUTION NO. 2981
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A CONDITIONAL USE PERMIT TO ALLOW A NEW
VESTIBULE ENTRY TO THE FRONT OF AN EXISTING
CHURCH/PUBLIC FACILITY, TO CONSTRUCT A
HANDICAPPED ACCESSIBLE RAMP, TO RESTRIPE THE
PARKING AREA AND ADD LANDSCAPING IN FRONT
OF THE NEW BUILDING ADDITION, FOR PROPERTY
LOCATED AT 109 N. FIRST STREET IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. EDWARD NAZARADEH, ON BEHALF OF ST.
MARY'S ASSYRIAN CHALDEAN CATHOLIC CHURCH.
FILE NO. UP 95-07.
After notification and Public Hearing as specified by law on the
application of Mr. Edward Nazaradeh, on behalf of St. Mary's Assyrian
Chaldean Catholic Church, to approve a Conditional Use Permit to allow
a new vestibule to the front of an existing building, to construct a
handicapped accessible ramp, to restripe the parking area and add
landscaping in front of the new building addition, for property located at
109 N. First Street, and after presentation by the Community
Development Director, proponents and opponents, the hearing was
dosed.
After due consideration of all evidence presented, the Planning
Commission did find as follows with respect to File No. UP 95-07:
The existing use is a legal non-conforming use. Modification of the
existing seating is consistent with the intent of the legal non-
conforming status of the use and site;
o
Adequate parking can be provided for this use through both on- and
off-site parking availability;
ge
Proposed site improvements will enhance the aesthetic appearance
of the building and the site, and bring the site more into compliance
with commercial or quasi-public standards;
The proposed building addition is architecturally compatible with
the existing structure and the immediate area and the use is
compatible with the adjacent area;
Planning Commission Resolution No. 2981
UP 95-07 - St. Mary's Church
Adopted on June 13, 1995
Page 2
Based on the foregoing findings of fact, the Planning Commission further
finds and concludes, per Section 21.06.100 of the Zoning Ordinance that:
The proposed site modifications, and the interior and exterior
building improvements will result in a more desirable
environmental use of the land.
The proposed development is compatible with the general plan of
the city and will aid in the harmonious development of the
immediate area.
o
The proposed use will not result in an a use which will not be
consistent with the general plan designation of the property.
o
The proposed development will not be detrimental to the health,
safety or welfare of the neighborhood or of the city as a whole.
Further, the applicant is notified as part of this application that the
applicant is required to meet the following conditions in accordance with
the Ordinances of the City of Campbell and the State of California. The
lead department with which the applicant will work is identified on each
condition. 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.
APPROVED USE
1. Approved Project: Approval is granted for a Use Permit allowing
site modifications on property located at 109 N. First Street. Project
approval shall substantially comply with project plans prepared by
Edward Nazaradeh dated June 7, 1995, except as modified herein in
the Conditions of Approval and as specified below:
Landscaping: At least one 24" box sized tree shall be
planted in the landscaped area north of the vestibule
addition. The tree type to be agreed upon by the applicant
and the City.
Planning Commission Resolution No. 2981
UP 95-07 - St. Mary's Church
Adopted on June 13, 1995
Page 3
A landscaped parkway shall be installed at the N. First
Street curb line which is consistent with the parkway area
both north and south of the subject property. Said
landscaped parkway shall be installed within two years of
the Planning Commission's approval or by June 13, 1997.
o
Encroachment Permit: The applicant shall obtain an encroachment
permit, pay fees and deposits, provide bonds and insurance, for all
construction work performed in the public right-of-way.
Landscape Improvements: All landscape improvements, including
trees and irrigation, in the public right-of-way shall be in accordance
with the City's Standard Specifications and Details for public works
construction.
o
Streets and Sidewalks: Applicant shall remove northern driveway
and install curb, gutter and sidewalks which comply with the
current City of Campbell Standard Specifications and Details for
Public Works Construction, and shall comply with Title 11 of the
Campbell Municipal Code concerning Streets and Sidewalks.
o
Seating Capacity: Interior seating capacity for fixed seating shall be
limited to a maximum of 210 seats.
Building Use: The auxiliary portion of the building shall not be used
separately, by a separate use, simultaneously with the main portion
of the building. The auxiliary area is limited to a support function of
the primary building and use on this site for meeting and
classrooms.
Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, until such time as construction
commences. (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code.)
Parking and Driveways: All parking and driveways areas shall be
developed in compliance with the standards in Chapter 21.50 of the
Campbell Municipal Code.
Planning Commission Resolution No. 2981
UP 95-07 - St. Mary's Church
Adopted on June 13, 1995
Page 4
Development Approval Expiration: The Use Permit approval (UP
95-07) for this project is valid for a period of one year from the date
of the Planning Commission approval, plus 10 days, unless appealed
to the City Council. The expiration date will then be one year from
the City Council action. All conditions of approval specified herein
must be completed within one year from the date of approval or the
Use Permit shall become void.
10.
Noise: The applicant and property owner shall conduct the primary
use within the building, except for those activities which will not
create noise impacts on adjacent residents.
11. Hours of Operation: The hours of operation shall not exceed 11:00
pm Sunday through Saturday.
12.
Historic Review: This application shall be forwarded to the Historic
Preservation Board for review and discussion at its June 28, 1995
meeting.
PASSED AND ADOPTED this 13th day of June, 1995, by the following roll
call vote:
AYES: Commissioners: Alne, Higgins, Lindstrom, Lowe,
Meyer-Kennedy, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: Kearns