Letter - Need CUP - SJ Christian School - 2017CITY of CAMPBELL
Community Development Department
via USPS
September 19, 2017
Campbell Union School District
155 N. Third Street
Campbell, California 95008
San Jose Christian School
1300 Sheffield Avenue
Campbell, CA 95008
Re: Address: 1300 Sheffield Avenue
Subject: Municipal Code Violation -Warning Notice
Dear Property Owner,
The Campbell Community Development Department has been made aware that the above
referenced property is in violation of one or more Municipal Code regulations. The purpose of
this notice is to inform you of code requirements, and request your voluntary compliance to bring
the property into conformance with the Municipal Code.
The violations are as follows:
1. Conditional Use Permit Required.
Code: CMC § 21.12.040.D.7 Schools, other than public schools, are allowed in the PF
(Public Facility) zoning district, subject to the approval of a conditional use permit in
compliance with CMC Chapter 21.46 (Conditional Use Permits).
2. Conditional Use Permit Required.
Code: CMC § 21.12.040.D.4 Public assembly uses are allowed in the PF (Public
Facility) zoning district, subject to the approval of a conditional use permit in
compliance with CMC Chapter 21.46 (Conditional Use Permits).
Required Correction:
1. Submit an application for a Conditional Use Permit to operate a private school in the P-F
(Public Facility) zoning district. The City contacted Dan Meester, Superintendent of San
Jose Christian School, in December 2010 regarding the operation of a private school on
the property without the approval of a Conditional Use Permit. At that time, Mr. Meester
indicated that the school would apply for a Conditional Use Permit in January 2011.
However, no application has been submitted to the City to date.
Municipal Code Violation -San Jose Christian School Pg. 2
2. Submit an application for a Conditional Use Permit to operate a public assembly use
(Living Hope Community Church) in the P-F (Public Facility) zoning district. Use Permit
UP84-04 and Use Permit Renewal R88-03 allowed the establishment of a church on the
property for a limited term, expiring on June 30, 1989. A current Use Permit is required
for the operation of a church on the property.
Failure to respond to this notice within 30 days will result in formal enforcement action.
Your prompt attention to this matter is appreciated. If you feel that this notice was sent in error
or have information that indicates corrective action has been taken, please contact me at (408)
866-2732 or victoriah(a,cityofcampbell.com. Thank you for your anticipated cooperation.
Sincerely,
Victoria Hernandez
Assistant Planner
encl: CMC Sec. 21.12.040 - P-F (Public Facilities) Zoning District
CMC Ch. 21.46 -Conditional Use Permits
cc: Paul Kermoyan, Community Development Director
Randy Sweet, Code Enforcement Officer
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • EAX (408) 866-~ 140 • E-NtAtL planning n cityofcampbell.com
21.12.040 - P-F (Public Facilities) zoning district.
A. Purpose. The P-F zoning district is intended for the construction, use, and occupancy of educational,
governmental, and public utility structures and facilities, and other uses compatible with the
semipublic character of the zoning district.
B. General Plan. The P-F zoning district is consistent with the institutional land use designation of the
General Plan.
C. Uses allowed with site and architectural review. The following uses are allowed, subject to the
approval of a site and architectural review permit in compliance with Chapter 21.42, (Site and
Architectural Review), except where exempt:
1. Structures and facilities owned, leased, or operated (whether in a governmental or proprietary
capacity) by the city, the county, the state, the federal government, any public school district, or
any other public district within the city.
D. Uses allowed with a conditional use permit. The following uses are allowed, subject to the approval
of a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Caretaker or employee housing. (Not to exceed six hundred forty square feet in total floor area
and one bedroom, in conjunction with an approved conforming use for the purpose of providing
security and/or twenty-four-hour service. The architecture shall be integrated into and be
compatible with the architecture of the approved conforming use.);
2. Electric distribution substations;
3. Hospital, rest home, or convalescent hospital;
4. Public assembly uses;
5. Public service structures and accessory uses;
6. Public utility structures and service facilities;
7. Schools other than public.
E. Uses prohibited. The following uses are prohibited in the P-F zoning district:
1. Storage of commercial or industrial vehicles, except for the purpose of loading or unloading;
2. Storage of equipment, materials, or supplies for commercial or industrial purposes;
3. Payday lender;
4. Any use inconsistent with state or federal law.
F. Development standards. New land uses and structures, and alterations to existing uses or structures
shall be designed, constructed, and/or established in compliance with the requirements in Table 2-15
(General Development Standards - P-F Zoning District), in addition to the general development
standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational
Standards).
Table 2-15
General Development Standards - P-F Zoning District
Development
P-F
Feature
3
Minimum parcel
6,000 square feet
size
i
Page 1
____
0.40
Maximum floor The planning commission shall have the authority to increase the F.A.R. for a
area ratio specific use at a specific location when it determines that circumstances warrant an
9
I adjustment.
The minimum front yard, side yards, and rear yard required in this zoning district
Setbacks required ~ shall be equal to those required in the most restrictive abutting zoning district. The
(front, sides, rear) planning commission may modify such setbacks when it is found to be necessary to
i maintain the purpose of the P-F zoning district.
~ ~..
The maximum height of a building shall be equal to that required in the most
Maximum height restrictive abutting zoning district. The planning commission may allow higher
limit ~ structures provided that one-half foot shall be added to each yard for each foot
that the structure exceeds the maximum height.
Accessory~ ~
See Section 21.36.020 (Accessory Structures)
structures
i
Fences, walls, _
~~
See Section 21.18.060 (Fences, Walls, Lattice and Screens)
lattice and screens
Landscaping ~ See Section 21.26.020 (Landscaping Requirements for Individual Zoning Districts)
__._
Motor vehicle ______-_._.~_._~r~.~..
See Chapter 21.28 (Parking and Loading)
parking
Signs See Chapter 21.30 (Signs)
(Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
(Ord. No. 2196, § 10, 2-2-2016)
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Chapter 21.46 -CONDITIONAL USE PERMITS
Sections:
21.46.010 -Purpose of chapter.
A. Special impact or uniqueness. Conditional uses are those that have a special impact or uniqueness
so that their effect on the surrounding environment cannot be determined in advance of the use
being proposed for a particular location.
B. Protect the integrity and character of the city. This chapter provides a process for reviewing
conditional use permit applications to allow for specified activities and uses as identified in the
various zoning districts as requiring a conditional use permit. These provisions are intended to
protect the integrity and character of the residential, commercial, industrial, and mixed use areas of
the city, consistent with the objectives, policies, general land uses, and implementation programs of
the general plan. This chapter also ensures adequate review and input for development projects that
potentially impact the community, and adequate review to ensure that development in each zoning
district protects the integrity of that district.
C. Weighing the public need and benefit. A project requiring conditional use permit approval is
reviewed as to its location, design configuration, and potential impacts by comparing the project to
established standards. The purpose of the review is to determine whether the permit should be
approved by weighing the public need for, and the benefit to be derived from, the project, against
any impacts it may cause.
(Ord. 2043 § 1 (part), 2004).
21.46.020 -Conditional use permit required.
No use shall be established in any existing structure, nor shall any structure be constructed, created,
enlarged, erected, installed, or placed on any site for which a conditional use permit is required, in
compliance with Article 2, (Zoning Districts), until the conditional use permit has been granted, except as
otherwise specified by Section 21.14.030.0.4 (Administrative authority).
(Ord. 2043 ~ 1 (part), 2004).
(Ord. No. 2213, § 12, 11-1-2016)
21.46.030 -Application filing, processing, and review.
A. Filing. An application for a conditional use permit shall be filed with the community development
department in compliance with Chapter 21.38, (Application Filing, Processing and Fees).
B. Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or
any other data/materials identified in the community development department handout for conditional
use permit applications.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the findings required by Section 21.46.040, (Findings and decision), below.
D. Project review procedures. Fol-owing receipt of a completed application, the community
development director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this chapter.
Page 1
E. Notice and hearings.
1. A public hearing shall be required for the planning commission's decision on a conditional use
permit application.
2. A public hearing shall be scheduled once the community development director has deemed the
application complete.
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance
with Chapter 21.64 (Public Hearings).
(Ord. 2043 § 1 (part), 2004).
21.46.040 -Findings and decision.
A Conditional Use Permit may be approved, with or without conditions, only if the planning
commission (or the City Council, upon appeal) first finds that:
A. The proposed use is allowed within the applicable zoning district with Conditional Use Permit
approval, and complies with all other applicable provisions of this Zoning Code and the
Campbell Municipal Code;
B. The proposed use is consistent with the General Plan;
C. The proposed site is adequate in terms of size and shape to accommodate the fences and
walls, landscaping, parking and loading facilities, yards, and other development features
required in order to integrate the use with uses in the surrounding area;
D. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate;
E. The design, location, size, and operating characteristics of the proposed use are compatible
with the existing and future land uses on-site and in the vicinity of the subject property; and
F. The establishment, maintenance, or operation of the proposed use at the location proposed will
not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons
residing or working in the neighborhood of the proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the city.
(Ord. 2043 § 1 part), 2004).
21.46.050 -Site and architectural review.
Applications for Conditional Use Permits that include development plans shall not require a separate
site and architectural review permit application but are subject to site and architectural review in
compliance with Chapter 21.42, which is herein incorporated by reference.
(Ord. 2043 § 1 (part), 2004).
21.46.060 -Action by planning commission.
In approving a Conditional Use Permit application, the planning commission (or City Council, upon
appeal) may impose reasonable and necessary specific design, locational, and operational conditions
relating to both on- and off-site improvements, which are intended to ensure that:
A. Compliance with findings. The project will comply with all of the findings listed in Section
21.46.040, above;
Page 2
B. On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street
lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of
the applicable zoning district; and
C. Time limits. Any time limits on the duration of the use are provided as determined to be
necessary by the planning commission.
(ord. 2043 § 1(part), 2004).
21.46.070 -Special findings for liquor establishments.
Whenever a Conditional Use Permit is required for a liquor establishment by this Zoning Code, the
planning commission shall first find all the following conditions in addition those findings identified in
Section 21.46.040, are satisfied in order to approve the Conditional Use Permit application, except for
property located within an overlay combining zoning district subject to a master use permit authorized by
section 21.14.030.C (Master use permit):
A. Over concentration of uses. The establishment will not result in an over concentration of these
uses in the surrounding area;
B. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors;
C. Not disturb the neighborhood. The establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood; and
D. Not increase demand on services. The establishment will not significantly increase the demand
on city services.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2213, § 13, 11-1-2016)
21.46.080 -Notification of decision.
A. Written notification to applicant. The secretary of the planning commission shall give written
notification of the decision of the planning commission to the applicant.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits imposed by the planning commission.
(Ord. 2043 § 1(part), 2004).
21.46.090 -Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation
that are identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Conditional Use
Permit application.
(Ord. 2043 § 1(part), 2004).
Page 3