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Extension of UP - 2004Apri128,2004 Ms. Sharon Hiller Mulberry School 1980 Hamilton Avenue San Jose, CA 95125 Re: PLN2004-27 -1980 Hamilton Avenue - Extension of Use Permit Dear Applicant: Please be advised that at its meeting of April 27, 2004, the Planning Commission adopted Resolution No. 3561 approving an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, May 7, 2004. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Stephanie Willsey ~ Planner I cc: Frank Mills, Building Division Chris Veargason, County Fire Department First Congregational Church of San Jose (Property Owners) 1980 Hamilton Avenue San Jose, CA 95125 70 North First Street Campbell, California 95008-1436 TEl 4OfL866.:2140 . FAX 408.871.5140 T ) ) 408.866.:2790 RESOLUTION NO. 3561 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN EXTENSION (PLN2004-27) OF A PREVIOUSLY APPROVED MODIFICATION TO A CONDITIONAL USE PERMIT (M 96-06) TO ALLOW THE CONTINUED USE OF PORTABLE CLASSROOM BUILDING ON PROPERTY OWNED BY THE FIRST CONGREGATIONAL CHURCH OF SAN JOSE LOCATED AT 1980 HAMILTON AVENUE IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. FILE NO. PLN2004-27. 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 PLN2004-27: 1. The General Plan land use designation for the project site is Institutional. The use of the modular building as a classroom is consistent with this General Plan designation. 2. The zoning designation for the project site is P-F (Public Facilities). The use of the modular building as a classroom is an allowed use in this zoning district and is consistent with the original Use Permit. 3. The use of a modular building for additional classroom space is consistent with the existing school and church uses on the property. 4. The modular building is located on the eastern portion of the church property, just south of the parking lot accessible ITom Hamilton and Phantom Avenues. The building is setback 10 feet from the eastern property line and approximately 25 feet from the other modular building. 5. The existing site provides 159 parking shared parking spaces for the church and the school. There is adequate parking on-site to accommodate the proposed use based upon the staggered use of the site by the church and school uses. 6. The portable classroom has been on the property since 1996 without causing any reported parking issues. 7. The Extension does not serve to increase staff or student enrollment. The enrollment cap will remain at 112 students. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe California Environmental Quality Act (CEQA). 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 Zoning Ordinance. Planning Commission Resolution No. 3561 PLN2004-27 -1980 Hamilton Avenue - Extension of Modification of Use Permit Page 2 2. 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. 3. The proposed use is compatible with the uses in the area. 4. The subj ect site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Pennit (M 96-06) to allow the continued use of a portable classroom building on property owned by the First Congregational Church of San Jose located at 1980 Hamilton Avenue in a P-F (Public Facilities) Zoning District, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 Planninl!: Division 1. Project Approval: Approval is granted for an Extension (pLN2004-27) of a previously approved Modification to a Conditional Use Pennit (M 96-06) to allow the continued use of a portable classroom building located at 1980 Hamilton Avenue until June 2007. The Extension of approval applies to the following: Planning Commission Resolution No. 3561 PLN2004-27 - 1980 Hamilton Avenue - Extension of Modification of Use Permit Page 3 a. Continuation of a one-story 1,920 square foot modular building to be used as additional classroom space on the eastern portion of the property. which was originally approved on June 11, 1996 (Resolution No. 3030). 2. Previous Approvals: In addition to the conditions of approval listed herein, the project shall comply with all conditions of approval as outlined in M 96-06 (Resolution No. 3030). 3. Trash Enclosure: The owner or applicant shall construct a new trash enc1osure(s) or upgrade the existing enclosure to accommodate all dumpsters and recycling bins on site per City standards. Enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. The Community Development Director shall approve the location and design of the trash enclosure(s). Construction or modification of the trash enclosure(s) shall be completed before June 30, 2004. 4. Site Maintenance: The site shall be continually maintained free of any combustible trash, debris and weeds. PASSED AND ADOPTED this 2th day of April, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez. Rocha 'and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: ATIEST: ~~ ~g Secretary \. ITEM NO.2 .::....~. o'i. . CA-11.òó> t:: ~ U r 0 0 ... ... ~ '-. " ,,' . o~CH.....I)' CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. April 27, 2004 PLN2004-27 Hiller,S. Public Hearing to consider the application of Ms. Sharon Hiller, on behalf of Mulberry School, for an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building on property owned by the First Congregational Church of San Jose located at 1980 Hamilton Avenue in a P-F (Public Facilities) Zoning District. ST AFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving an Extension (PLN2004- 27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the continued use of an existing facility. PROJECT DATA Gross Lot Area: Net Lot Area: 7.23 acres (314,988 square feet) 6.14 acres (267,450 square feet) Site Utilization: Total Building Coverage: Total Building Coverage 28,090 square feet 11% Portable Classroom: 1,920 square feet Total Parking Required: 207 parking spaces (1 space per 4 seats plus I space per 40 sq. ft. of assembly area) Total Parking Provided: 159 parking spaces Staff Report - Planning COlumission Meeting of April 27, 2004 PLN2004-27 - 1980 Hamilton Avenue Page 2 DISCUSSION Background: In 1965, when the property was in the jurisdiction of Santa Clara County, Mulberry School was established on the property of the First Congregational Church of San Jose by approval of a Use Permit. The Mulberry School (preschool through 5th grade) is a private school, which provides instruction for primary and elementary school children. The school is located on property occupied by the First Congregational Church of San Jose on the southeast corner of Hamilton and Leigh Avenues. In 1993, the Planning Commission approved a Modification (M 93-05) to the original Use Permit to allow a 1,330 square foot modular classroom on the property. The approval of the Modification in 1993 had no expiration date. In 1996, the applicant requested a second Modification (M 96-06) for the establishment of an additional 1,920 square foot modular building to be used as additional classroom space. The use of the second modular building was limited to a four-year approval with the stipulation that the applicant would be able to apply for an Extension if the use of the modular building was required beyond the four years. The Planning Commission approved a second Extension (PLN2000-91) for this modular classroom in 2000 for another four years. Applicant's Proposal: The applicant is requesting approval of a third Extension to the previously approved Modification to a Use Permit to allow the continued use of a 1,920 square foot modular classroom for three more years until June 2007. The applicants letter indicates that Mulberry School is planning on moving within the next three years from its current location and is in the process of a capital campaign to raise funds for a permanent school site (see attachment #5). ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Institutional. The use of the modular building as a classroom is consistent with this General Plan designation. Zoning Designation: The zoning designation for the project site is P-F (Public Facilities). The use of the modular building as a classroom is an allowed use in this zoning district and is consistent with the original Use Permit. Use: The applicant does not seek any alterations to the modular building and the square footage will remain the same. The Extension does not serve to increase staff or student enrollment. The enrollment cap will remain at 112 students. The portable classroom will house the 1st and 2nd grade classes from 9:00 a.m. to 3:00 p.m. on weekdays and will be used after regular school hours by classroom teachers for school preparation. The school year runs from September through mid-June. Site Layout and Architecture: The modular building is located on the eastern portion of the church property, just south of the parking lot accessible from Hamilton and Phantom Avenues. The building is setback 10 feet from the eastern property line and approximately 25 feet from the other modular building. Staff Report - Planning COlulTIission Meeting of April 27, 2004 PLN2004-27 -1980 Hamilton Avenue Page 3 The exterior building materials consist of vertical wood siding and wood fascia trim. The modular building is painted to match the existing church and school buildings. Staff required that a trash enclosure be built as part of the last Extension in 2000 because the two dumpsters required for the church and school were being placed in the parking lot in the location of two parking stalls. The applicant constructed a new trash enclosure since the last approval. However, staff visited the site on April 7, 2004 and found that the doors of the trash enclosure have been removed and the dumpsters and recycling bins were not being kept within the enclosure. Staff is recommending a condition of approval that requires that the enclosure be upgraded to accommodate all the required dumpsters and recycling bins and that new doors be installed. Parking: The existing site provides 159 parking shared parking spaces for the church and the school. The previous parking count of 163 parking spaces was reduced by four spaces to accommodate a new trash enclosure that was a condition of approval with the last Extension in 2000. The existing parking is deficient by 48 parking spaces based upon current parking requirements for both a church and school facility. However, the church and school uses have different times of peak usage. The peak usage for the school is during the weekdays, while peak usage of the church is on Sundays. The combination of uses allows for sharing the existing parking facilities. There have been no reported parking problems with the site since the portable was originally approved. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application as there are no changes proposed to the project site or the exterior of the modular building. Attachments: 1. Findings for Approval of File No. PLN2004-27 2. Conditions of Approval for File No. PLN2004-27 3. Resolution No. 3030 (original approval) 4. Plans and Photographs 5. Letter from the Applicant 6. Location Map Prepared by: ~w~ Stephanie Willsey, Planner I Approved by: Attachment # 1 FINDINGS RECOMMENDING APPROVAL OF FILE NO. PLN2004-27 SITE ADDRESS: APPLICANT: P.c. MEETING: 1980 Hamilton Avenue Sharon Hiller on behalf of Mulberry School Apri127,2004 Findings for approval of an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit eM 96-06) to allow the continued use of a portable classroom building located at 1980 Hamilton Avenue. The Planning Commission finds as follows with regard to File No. PLN2004-27: I. The General Plan land use designation for the project site is Institutional. The use of the modular building as a classroom is consistent with this General Plan designation. 2. The zoning designation for the project site is P-F (Public Facilities). The use of the modular building as a classroom is an allowed use in this zoning district and is consistent with the original Use Permit. 3. The use of a modular building for additional classroom space is consistent with the existing school and church uses on the property. 4. The modular building is located on the eastern portion of the church property, just south of the parking lot accessible from Hamilton and Phantom Avenues. The building is setback 10 feet from the eastern property line and approximately 25 feet from the other modular building. 5. The existing site provides 159 parking shared parking spaces for the church and the school. There is adequate parking on-site to accommodate the proposed use based upon the staggered use of the site by the church and school uses. 6. The portable classroom has been on the property since 1996 without causing any reported parking issues. 7. The Extension does not serve to increase staff or student enrollment. The enrollment cap will remain at 112 students. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. 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. Attachment # 1 Page 2 of 2 3. The proposed use is compatible with the uses in the area. 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-27 SITE ADDRESS: APPLICANT: P.C. MEETING: 1980 Hamilton Avenue Sharon Hiller on behalf of Mulberry School April 27, 2004 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. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the item under review. 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 Plannine Division 1. Project Approval: Approval is granted for an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building located at 1980 Hamilton Avenue until June 2007. The Extension of approval applies to the following: a. Continuation of a one-story 1,920 square foot modular building to be used as additional classroom space on the eastern portion of the property, which was originally approved on June 11, 1996 (Resolution No. 3030). 2. Previous Approvals: In addition to the conditions of approval listed herein, the project shall comply with all conditions of approval as outlined in M 96-06 (Resolution No. 3030). 3. Trash Enclosure: The owner or applicant shall construct a new trash enclosure(s) or upgrade the existing enclosure to accommodate all dumpsters and recycling bins on site per City standards. Enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. The Community Development Director shall approve the location and design of the trash enclosure(s). Construction or modification of the trash enclosure(s) shall be completed before June 30, 2004. 4. Site Maintenance: The site shall be continually maintained free of any combustible trash, debris and weeds. ~i;"; Attachment #5 Geoff Bradley City of Campbell Community Development Department 70 North First Street Campbell, CA 95008 March 24, 2004 Mr. Bradley, I have enclosed Mulberry School's application for a continuation of the portable classroom permit. We are requesting that we be allowed to continue use of this portable (two classrooms) through July of2007. Mulberry School is a parent participation developmental school which incorporates hands-on, multi- sensory learning and active parent participation into the curriculum. The school encompasses preschool through 5th bIfade. We have an annual elementary enrollment cap of 112 students. The portable classrooms, as the 2 largest classrooms in the school, hold whichever two classes are the largest in a given year. This year, our 1 st and 2nd grade classes, a total of 3 5 students, are located in the portable classrooms. School is in session from 9:00am to 3:00pm from September through mid-June. The portable classrooms are generally used after school hours by the classroom teachers for preparation time. This year, we moved our Extended Care class out of the portables to a permanent classroom so that it could be nearer kitchen tàcilities and restrooms. The portable building is a 60' x 32' raised unit, positioned in the back parking lot off of Hamilton Avenue. We have painted it to match the colors of the church/school buildings. It blends nicely into the environment. The building is divided by an interior wan into two classrooms that are adjoined by a door. One classroom has one exterior door, the other classroom has two exterior doors. Each room is assessable by stairs and a ramp. During the summer of 2003, we laid new VCT flooring throughout the unit, painted the interior, and augmented the sinks and counters. Each classroom has a fire extinguisher and smoke detectors. One classroom houses the central fire box for the entire school. Mulberry School will be moving within the next 3 years from its current location at 1980 Hamilton Avenue, where Mulberry has leased space from the First Congregational Church for more than 37 years. In 2001, Mulberry School launched a capital campaign to raise funds for a permanent school site. We are well on our way to our] .5M goal, having so far raised 1.25M. In June of2003, we began work with a commercial real estate brokerage to identify sites for purchase or long term lease consideration Our goal is to select a site during the 2004/2005 school year, and modify it to meet our community's needs over the following year. Our move may take place earlier, but will definitely occur before the summer of2007! I thank you for your consideration of our application. Please contact me if there is any more information I can provide. Sincerely, or \ l\.,nll /Ww. '\ L W--- '-/ Sharon Hiller Director of Operations ",Ø,.tr-, ~~.i&l Tel: 408/377-1595 www.mulberry.org email: info@mulberry.org . 0«' . CAlif . ~ó> ~ «' - ,- U r ,~ '" CAMPBELL ~ >. '; '-. <" ~~ '0 . RCIi" RO r-- CITY OF CAMPBELL u Community Development Department April 16, 2004 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, April 27, 2004, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Ms. Sharon Hiller, on behalf of Mulberry School, for an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued use of a portable classroom building on property owned by the First Congregational Church of San Jose located at 1980 Hamilton Avenue in a P-F (Public Facilities) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above proj ect in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2004-27 Address: 1980 Hamilton Avenue 70NorthFirstStreet. Campbell,California95008-t436. 111408.866.:2140. lAX408.871.5140. 11>1>408.866.:2790 Geoff Bradley City of Campbell Community Development Department 70 North first Street Campbell, CA 95008 March 24, 2004 Mr Bradley, I have enclosed Mulberry School's application for a continuation of the portable classroom permit. We are requesting that we be allowed to continue use of this portable (two classrooms) through July of2007. Mulberry School is a parent participation developmental school which incorporates hands-on, multi- sensory learning and active parent participation into the curriculum. The school encompasses preschool through 5th grade. We have an annual elementary enrollment cap of 112 students. The portable classrooms. as the 2 largest classrooms in the school, hold whichever two classes are the largest in a given year This year, o~ur I'¡ and 2nd grade classes, a total of 3 5 students. are located in the pOliable classrooms. School is in session from 9:00am to 300pm from September through mid-June. The p0l1able classrooms are generally used after school hours by the classroom teachers for preparation time. This year, we moved our Extended Care class out of the poliables to a permanent classroom so that it could be nearer kitchen tàcj]jties and restrooms The portable building is a 60' x 32' raised unit, positioned in the back parking lot off of Hamilton Avenue We have painted it to match the colors of the church/school buildings. It blends nicely into the environment. The building is divided by an interior wall into two classrooms that are adjoined by a door One classroom has one exterior door, the other classroom has two exterior doors. Each room is assessable by stairs and a ramp. During the summer of2003, we laid new VCT flooring throughout the unit, painted the interior, and augmented the sinks and counters Each classroom has a fire extinguisher and smoke detectors. One classroom houses the central fire box for the entire school. Mulberry School will be moving within the next 3 years from its current location at 1980 Hamilton Avenue, where Mulberry has leased space from the First Congregational Church for more than 37 years In 2001, Mulberry School launched a capital campaign to raise funds for a permanent school site We are well on our way to our 1.5M goal, having so far raised 1.25M. In June of2003, we began work with a commercial real estate brokerage to identify sites for purchase or long term lease consideration Our goal is to select a site during the 200412005 school year, and modify it to meet our community's needs over the following year Our move may take place earlier, but will definitely occur before the summer of2007! I thank you for your consideration of our application. Please contact me ifthere is any more information I can provide. Sincerely, :{~ÜN' \ l \'L\tt~ , -' Sharon I-liller Director of Operations ,,{- '~.", Tel: 408/377-1595 ':'."j www.mulberry.org email: info@mulberry.org d. . CAlif .::....',. ~ó> !:::: ~ U r CAMPBELL .-'. >- '; '-. '" ,,' '0 . RCH""O L ". , , u _n- -- ---- ------------- CITY OF CAMPBELL Community Development Department February 6, 2004 Sharon Hiller MulbelTY School 1980 Hamilton Avenue San Jose, CA 95125 RE: Reinstatement of Approval for Portable Classrooms Dear Ms. Hiller: Per our recent phone messages, please find enclosed the application forms for the Reinstatement of the Use Permit for the portable classrooms that will otherwise expire on July 25, 2004. I am also enclosing a copy of the materials on file for this project. This should provide useful background material and may assist in preparing the application for submittal. The CUITent application fee for a Reinstatement to Existing Permit is $1,470.00. There is also a Fire Department fee of $61.00. The Reinstatement would be decided upon by the Planning Commission at a public hearing. This process normally takes about eight to 12 weeks. Please do not hesitate to contact me (408)866-2124. Sincerely, tijß lff. 16 þ~ Senior Planner Encl: Application Forms File History J :\Correspondence\1980 Hamilton A ve.doc 70 North First Street. Campbell. California 95008-1436 TEl.408.866.:2140. rAx408.871.5140. T!)[)408.866.:2790