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Extension of UP - 20000 0 \ \ / ? 0 0 I 0 L~ H CITY OF CAMPBELL Community Development Department - Current Planning July 27, 2000 Ms. Ruth Kaplan Director/Principal, Mulberry School 1980 Hamilton Avenue San Jose, CA 95125 Re: PLN2000-91 - 1980 Hamilton Avenue - Mulberry School Portable Classroom Dear Applicant: Please be advised that at its meeting of July 25, 2000, the Planning Commission adopted Resolution No. 3287 approving a four-year Extension (PLN2000-91) of a previously- approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School on the above-referenced property. This approval is effective in ten days, unless appealed in wTiting to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Sharon Fierro Community Development Director CC: Jay Perrine 891 Almarida Avenue Campbell, CA 95008 70 North First Street - Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3287 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN EXTENSION (PLN2000-91) OF A PREVIOUSLY-APPROVED MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED USE OF A PORTABLE CLASSROOM FOR MULBERRY SCHOOL ON PROPERTY LOCATED AT 1980 HAMILTON AVENUE IN A PF (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MS. RUTH KAPLAN. FILE NO. PLN2000-91. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-91: 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. The proposed use of the two modular buildings for additional classroom space is consistent with the existing uses on the property. o The proposed double modular building is set back 10 feet from the eastern proPerty line and approximately 180 feet from the southern property line to provide sufficient distance from the nearest residential uses. One portable classroom has been on the property since 1993, and the other portable classroom has been on the property since 1996 without causing any reported parking or noise issues. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The extension of the use permit for portable classrooms 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 yards, wall fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. Planning Commission Reso,.,on No. 3287 PLN2000-91-1980 Hamilton Avenue-Extension of Use--Mulberry School Portable Classroom Page 2 o The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed use is compatible with the uses in the area. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance 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. 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: Project Approval - Approval is granted for a four-year Extension of a previously approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School on property located at 1980 E. Hamilton Avenue. The Extension of approval applies to the following: · Continuation of a one-story 1,920 square foot double 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). 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). Trash Enclosure: Owner or applicant to construct trash enclosure(s) for two existing trash bins 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. Enclosure(s) to be constructed at grade level and have a level area adjacent to the trash enclosure area for ease of service and collection. The Community Development Director shall approve location and design of the trash enclosure(s). Construction of the trash enclosure(s) shall be completed by January 31, 2001. ° Site Maintenance: The site shall be continually maintained free of any combustible trash, debris and weeds. o Location of Play Equipment: The Community Development Director shall examine the location and placement of playground equipment to determine if it infringes on the privacy of the adjacent residential neighbors. If it is determined that the playground equipment does infringe on the privacy, the applicant shall be required to relocate the playground equipment to a less intrusive location on the property to mitigate the impact on the residential uses. Planning Commission Rest .ion No. 3287 PLN2000-91-1980 Hamilton Avenue-Extension of Use--Mulberry School Portable Classroom Page 3 PASSED AND ADOPTED this 25~ day of July, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Francois, Keams, Lindstrom Commissioners: Jones, Lowe Commissioners: Gibbons, Hemandez Commissioners: None APPROVED: Mel l~in&trom, Ac)ting Chair Sharon Fierro, Secretary Planning Commission Minutes of July 25, 2000 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Commissioner Francois suggested hearing Item No. 3 prior to Item No. 2 as there are more people interested in addressing Item No. 2 and it will take longer than Item No. 3. The Commission agreed to hear Item 1, followed by Item 3 and, finally, Item 2. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Acting Chair Lindstrom read Agenda Item No. 1 into the record. PLN2000-91 Kaplan, R. Public Hearing to consider the application of Ms. Ruth Kaplan, on behalf of Mulberry School, for approval of an Extension (PLN2000- 91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School on property located at 1980 Hamilton Avenue in a PF (Public Facilities) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that the property on which Mulberry School is located was annexed into Campbell in 1993. · A modular classroom unit was allowed to be installed for a four-year period. It was conditioned that should Mulberry School wish to extend the use of the portable classroom, they would have to return to the Planning Commission for reconsideration. · The applicants are not proposing any changes to the portable classroom. · The School is limited to 112 students. Their hours of operation are from 9 a.m. to 3 p.m., with extended care for children from 7:30 a.m. to 6 p.m. · Advised that the school lacks a trash enclosure and that does not meet current standards. They are now required to install a screened trash enclosure. The applicants are asking for more time to comply with this condition as they are tenants of the First Congregational Church. The Church has recently lost its pastor and two associate pastors to retirement and relocation. They currently do not have an authorized decision maker who can approve the final design of the proposed trash enclosure on behalf of the Church. · Staff recommends approval of an extension of the use for the portable classroom at Mulberry School for another four years. Commissioner Lowe questioned how long the "temporary" structure would be needed by the school prior to the construction of more permanent facilities. Asked if there are other portables being used for classrooms. Planning Commission Minutes of July 25, 2000 Page 3 Ms. Sharon Fierro replied that there are other portable classrooms in Campbell and, in fact, another private school will be approaching the Commission in the near future to obtain approval for a portable classroom. Added that staff finds this request to be reasonable. Co~nmissioner Lowe stated that he felt an additional four years seems excessive to him. Ms. Sharon Fierro advised that the Commission can ask the applicant why the delay in securing permanent accommodations is occurring. Ms. Ruth Kaplan, Director/Principal, Mulberry School, 1980 Hamilton Avenue, San Jose. · Stated that she agrees with the Conditions of Approval. · Advised that the school has been in discussions with the church for installation of the trash enclosure over the past year. · Asked for a deadline extension to January, 20001, to meet that requirement. · Said that the school wants to stay where it is. Commissioner Lowe asked Ms. Kaplan what the benefits are for a portable over a permanent structure. Ms: Ruth Kaplan: · Stated that the portable is serving them well right now but that they would like to design and build something that meets their needs. · Added that the school has 112 children, with no more than 16 children per class/grade. Mr. John Taylor, Business Manager and Representative for the Congregational Church, advised that the church is in support of the applicant's request for a delay in the installation of the trash enclosure. Commissioner Lowe asked if the provision of a trash enclosure was required with the original approval for this portable classroom. Ms. Sharon Fierro replied that no such enclosure was required at that time. Acting Chair Lindstrom opened the Public Heating for Agenda Item No. 1. Mr. Curtis Montgomery, 1711 Phantom Lane: · Advised that he has been living with this portable classroom next door to his home for the last four years and that he is opposed to the continuation of the use of the portable. · Stated that the school has not been a good neighbor with problems such as having the school chop trees located at the shared property line, beautiful Monterey Pines which can provide some privacy. Kids throw items, including food, into his yard and annoy his dog and peer into their yard while sitting atop the slide. Planning Commission Minutes of July 25, 2000 Page 4 · Suggested that the school establish some sort of boundary at the fence to limit these problems in the future. · Said that there are activities on the property all the time, seven days a week. · ,Said that this use is reducing property values. Commissioner Francois asked if the school can advise the Commission if the portable classroom is used due to financial considerations and what time frame could be provided for when something more permanent would be implemented. Ms. Ruth Kaplan advised that both the school and the church have Long Range Planning Committees working on facilities planning. Commissioner Francois asked how far into the future decisions might be reached. Ms. Ruth Kaplan replied that she thought that they would be further along in the process at this stage but that they had not anticipated so many key personnel vacancies at the church which restrict the ability for anyone to make decisions on the church's behalf. Commissioner Jones asked whether the school could relocate the slide that is causing concerns for the adjacent residential neighbor. Mr. Jay Perrine, 891 Almarida Avenue: · Stated that the slide is cun'ently located 25-30 feet from the fence and was placed there when the portable classroom was placed on the site. · Added that, until this evening, he was unaware that the slide posed a problem for the neighbor. · Reminded that the school has been long range planning for a while. · Said that the church is the landlord and the school is a tenant of the church. · Added that every public school has portables. Acting Chair Lindstrom asked that the school continue to work to be a good neighbor. Commissioner Lowe mentioned the appearance of trash and debris, including tires, on the property and asked what that was about. Mr. Jay Perrine advised that people in the area, unsure whether from neighborhood or not, dump things alongside the school's dumpster. Reminded that the dumpster is not controlled at night. Added that the school has the dumpster, three recycle containers and the ability to recycle cardboard. Commissioner Lowe asked whether Mr. Perrine believed that the school would need another extension of the portable classroom use four years fi'om now. Planning Commission Minutes of July 25, 2000 Page 5 Mr. Jay Perrine replied that the school has a proposal in with the church to build. Since the church has lost its executive staff, due to retirement and two moves, approvals have not occurred. Acting Chair Lindstrom reminded that the original approval for the portable was for four years with the condition that the applicant could apply for an extension after that time if necessary. Said that the need for an extension is the reason the matter is before the Commission once again. Acting Chair Lindstrom closed the Public Hearing for Agenda Item No. 1. Commissioner Lowe advised that he is not in favor of a four-year approval, saying that action is needed sooner for a permanent solution. Suggested a one-year extension. Commissioner Francois stated that the school is trying its best and that he did not see a problem with granting another four-year use of the portable. Added that the school needs to be allowed the time to get it done. Commissioner Lowe said that the school has already had four years. During that time the church's executive staff was still there so that is not an excuse. Commissioner Jones stated that he would support a one or two-year extension with an added condition that the Community Development Director look into the slide placement. Commissioner Kearns said that she concurred with Commissioner Francois and favored staff's recommendation to approve the four-year extension. Agreed that the Director should take a look at the placement of the slide. Added that the school was in place when the neighbors moved in. Commissioner Lowe said that she cannot state that for a fact. Commissioner Keams reminded that the school was established on this property in 1965. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Jones, the Planning Commission moved to adopt a Resolution granting a two-year Extension (PLN2000-91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School, on property located at 1980 Hamilton Avenue, with the consideration by the Community Development Director regarding the proximity and/or relocation of the slide relative to the adjacent residential neighbor, by the following roll call vote: AYES: Jones, Lowe NOES: Francois, Kearns, Lindstrom ABSENT: Gibbons, Hernandez ABSTAIN: None The motion failed. Planning Commission Minutes of July 25, 2000 Page 6 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3287 granting a four-year Extension (PLN2000-91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School, on property located at 1980 Hamilton Avenue, with the consideration by the Community Development Director regarding the proximity and/or relocation of the slide relative to the adjacent residential neighbor, by the following roll call vote: AYES: Francois, Kearns, Lindstrom NOES: Jones, Lowe ABSENT: Gibbons, Hernandez ABSTAIN: None Acting Chair Lindstrom advised that this decision is final in 10 days unless appealed in writing to the City Clerk. Acting Chair Lindstrom read Agenda Item No. 3 into the record. PLN2000-85 Lynch, F. Public Heating to consider the application of Mr. Frank Lynch, on behalf of Rich and Lynn Hilovsky, for a Site and Architectural Approval (PLN2000-85) to allow the construction of a new single- family residence on property located at 1068 Audrey Avenue in an R-l-10 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Stated that the applicants are see'king a Site and Architectural Approval to allow the construction of a new single-family residence. · Said that the project site is on the south side of Audrey in an R-l-10 Zoning District. · The General Plan designation is low density residential. · Advised that an existing residence and detached garage will be demolished and a new 4,500 square foot structure constructed. · Said that the project site is 12,852 square feet. · Stated that the project meets the development standards for the zoning and the San Tomas Area Neighborhood Plan. · Advised that the applicant will need to enter into an agreement to install street paving in the future should the street become deteriorated. There are no curbs, gutters or sidewalks on Audrey. · Advised that staff is recommending approval. ITEM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF July 25, 2000 PLN 2000 -91 Kaplan, R. Public Hearing to consider the application of Ms. Ruth Kaplan, on behalf of Mulberry School, for approval of an Extension of a previously approved Modification (M 96-06) to a Conditional Use Permit to allow the continued use of a portable classroom on property located at 1980 E. Hamilton Avenue in a PF (Public Facilities) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving PLN 2000-91 for an Extension of a previously approved Modification to a Conditional Use Permit to a allow the continued use of a portable classroom, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15314, Class 14 of the California Environmental Quality Act (CEQA). Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption. PROJECT DATA Gross Lot Area: Net Lot Area: 7.23 acres (314,988 square feet) 6.14 acres (267,450 square feet) · Total Building Area: Total Building Coverage: Floor Area Ratio: 28,090 square feet 10.5% .11 Total Parking Required: Total Parking Provided: 207 parking spaces (1 space per 4 seats plus 1 space per 40 sq. fi. of seating area) 163 parking spaces Staff Report - Planning ~ommission Meeting of July 25, 2000 1980 E. Hamilton Avenue - PLN 2000-91 Page 2 of 3 DISCUSSION Applicant's Proposal: The applicant is requesting approval of an extension of a previously approved modification to a use permit to allow the continued use of a 1,920 square foot, double modular classroom for Mulberry School. The Mulberry School (preschool through 5th grade) is a private school, which provides instruction for primary and elementary school children and is located on property occupied by the First Congregational Church of San Jose on the southeast comer of Hamilton and Leigh Avenues. 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. In 1993, the Planning Commission approved a Modification (M 93- 05) to a previously approved use permit to allow a 1,330 square foot modular classroom on the property (Attachment 3). The 1993 approval of the Modification has no expiration date. On June 11, 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 modular building was limited to four years with the stipulation that the applicant would be able to apply for an extension if the use of the double modular building is required beyond the four years. The applicant is requesting an extension for four more years. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Public/Semi-Public. The modular building for use as a classroom building is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is PF (Public Facilities). The modular building for classroom space is a use that is consistent with the original Use Permit. Use: The applicant does not seek any alterations to the portable and the square footage will remain the same. The extension will not serve to increase staff or student enrollment or increase the need for parking spaces. The enrollment cap will remain at 112 students. The portable will continue to house 4th and 5th grade classes from 9:00 a.m. to 3:00 p.m. and Extended Care from 7:30 a.m. to 6:00 p.m. on weekdays. According to the applicant's letter (Attachment 4), the plans to build a permanent multi- classroom facility on church property are on hold because the church is without permanent leadership at this time. The church will assess long-term facility decisions about the property when a permanent minister is secured. Layout: The double 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 commission Meeting of July 25, 2000 1980 E. Hamilton Avenue - PLN 2000-91 Page 3 of 3 Design: The building consists of vertical wood siding and wood fascia trim. The building is painted to match the existing school structures. Staff visited the site on July 17, 2000 a found that two dumpsters required for the church and school uses are not properly placed in trash enclosures as required by today's standards. The trash enclosures were placed in the parking lot, in the location of two parking stalls. Staff is recommending a condition of approval that requires that both trash bins be enclosed with proper trash enclosures. This may mean that at least two designated parking spaces would officially be removed from the total count of parking spaces to accommodate the enclosures. " In addition, the site has trash and debris, including an automobile tire, scattered about the parking lot nearest the portable units. Staff is recommending a condition of approval that requires the applicant to properly dispose the trash and debris. Parking: The site is deficient in parking when based upon current requirements for both church and school facilities. 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 has been no reported parking problems with the site since the portable was originally approved. Attachments: 1. Findings for approval of PLN 2000-91 2. Conditions of Approval for PLN 2000-91 3. Resolution No. 3030 (from previous approval) 4. Letter from the applicant 5. Plans and Photographs 6. Location Map t'~ Prepared by: ~ ~ k~atrina Rice ' ' Schm~dt, AICP, Planner II Approved by: Sharon Fierro, Community Development Director Attachment 1 Page 1 of 1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-91 SITE ADDRESS: 1980 E. Hamilton Avenue APPLICANT: Ms. Ruth Kaplan on behalf of Mulberry School P.C. MEETING: July 25, 2000 Findings for Approval for an Extension to a previously approved Modification of a Use Permit to allow the continued use of a portable classroom for Mulberry School located at 1980 E. Hamilton Avenue. The Planning Commission finds as follows with regard to File No. PLN 2000-91. 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. The proposed use of the two modular buildings for additional classroom space is consistent with the existing uses on the property. o The proposed double modular building is set back 10 feet from the eastern property line and approximately 180 feet from the southern property line to provide sufficient distance from the nearest residential uses. One portable classroom has been on the property since 1993, and the other portable classroom has been on the property since 1996 without causing any reported parking or noise issues. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The extension of the use permit for portable classrooms 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 yards, wall fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. o The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed use is compatible with the uses in the area. Attachment 2 Page 1 of 1 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2000-91 SITE ADDRESS: 1980 E. Hamilton Avenue APPLICANT: Ms. Ruth Kaplan on behalf of Mulberry School P.C. MEETING: July 25, 2000 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. Project Approval - Approval is granted for a four-year Extension of a previously approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School on property located at 1980 E. Hamilton Avenue. The Extension of approval applies to the following: · Continuation of a one-story 1,920 square foot double 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). 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). Trash Enclosure: Owner or applicant to construct trash enclosure(s) for two existing trash bins 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. Enclosure(s) to be constructed at grade level and have a level area adjacent to the trash enclosure area for ease of service and collection. The Community Development Director shall approve location and design of the trash enclosure(s). Construction of the trash enclosure(s) shall be completed prior to opening day of the Fall 2000 school year. Site Maintenance: The site shall be continually maintained free of any combustible trash, debris and weeds. Attachment 3 Page 1 of 3 RESOLUTION NO. 3030 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPB~I I_ APPROVING A MODI1;'ICATION TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERM1T TO ALLOW THE INSTALLATION OF A 1,920 SQUARE FOOT DOUBLE MODULAR BUIII~ING TO BE USED AS ADDITIONAL CLASSROOM SPACE ON PROPERTY LOCATED AT 1980 E. HAMILTON AVENUE IN A PF (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF ~ lAY PERRINE, ON BEHALF OF MULBERRY SCHOOL. M 96- 06 (uP os- s) After notification and public hearing, as specified by law, and alter presentation by Community Development Director, proponents and opponents, the hearinll was dosed. After due consideration of all evidence presented, the Planning Commission did ~ as follows with respec~ to application M 96-06: There is adcquale parking on site to accommodate the proposed use ba.~,.,~:l upon the sta88ered use of the site by the church use and the school use. 2 The proposed use of the double modular building for additional ciasu'oom space b consistent with the existin8 uses on the property. The proposed double modular building will be set back 10 feet from the eastern property line and approximately 180 feet from th~ southern proi~ny line to provide ~fficient distance from the neare~ residential use. Based upon the foregoin~ findings of fact, the Plannin8 Cortunission further finds and ooncludes that: The e.uablishmenL m~ime~m~ce or operation ut' the use which the ~tpplicant has applied for will not be deuLmental to t.he public health, safety, peace, morals, comfort or general welfare of persons residing or worida8 in the aeishborhood of such proposeg use, or be deuimental or injurious to property and improvements in the neishborhoc~ or to the general welfare of the City. 2. The proposed site i~ comF~tible with the adjacent laad uses Attachment 3 Page 2 of 3 Planning Commission Resolution No. 3030 M 96-06 - 1980 E. Hamilton Avenue Page 2 Further, the applicants are notified as pan of this application that they a,~ required to comply with aH applicable Codes and Ordinances ofthe City of Campbell and tha Stm 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. 1. Approved. Proj~;I: Approval of the Modification allow~ the establishment of a mm- story, 1,920 square foot, double modular building Io be used as s~;itional ~m space on the eastern portion of the property located at 1980 E. l-la.,~iltoa A,venua. A. Project ~hali substantially comply with the site plan submitted by the applicant on May 16,1996. B. Project shall closely comply with the conceptual elevation plan atbmitmd by th.'~ applicant on June 5, 1996. 2. ~n Reo~uirements: A Provide £oundat~on and aei~c aechor~e detalia pe~ UBC 304. 1:1. Apply for a building permit for the foundation A. Provide an ~ppru~ed type automatic fire ap~id~ rem throughout all ixm~na of the building. 13. Provide approved type monitoria& for ail ~ apai~Je~ ay~e~ alarm devi0~, 4. Site and Atchilec~ral Review Committee Reouiremems: A. The propot, ed double modular building as shown on the site plan ahall be Io~od 10 fee~ to the aouth to prevem the ramp eom being placed within the paved parking lot aret B. The u~e of ~he double modular ~ ~ be limhed to four (4) yem. The limited to 132 ~udents. This is based upea the maximum number ofs~de~ Attachment 3 Page 3 of 3 Planning Commission Resolution No 3030 M 96-06 - 1980 E. Hamilton Avenue Page 3 allowed per the al~r~nent with the church m~d ~n additiooal 20 student~ ~ould the school need to expand in the future. The School ~ continue to opeme within the ~ ho~rs of operalioa~ ~'e Monday through F,-iday, 9 a.m. to 3 p.nt (cla.t~'oom hours) ~ from 7:30 a.m. to 6 p.m. (including the "extended cam' E. The double moduTm' building slmll he Imnted to match tim ~ ~ str,actures which ~e consistent with th~ church colors. PASSED AND ADOPTED this 11'~ day of June, 1996, by th~ followin~ roll AYES: Commiuioners: Alne, Jone~ K~una, Lindstmm, NOES: Commiuioner~: Non~ ABSENT: Commiuionera: ABSTAIN: Commissioners. Norm APPROVKD: Md Lindatrom. Chair ATTEST A Parent Participation School Attachment 4 Page 1 of 2 Preschool and Elementary MULBERRY SCHOOL Sharon Fierro Planning Department 70 North 1 st Street Campbell, CA 95008 Dear Ms. Fierro, June 20,2000 I am writing to request an extension to our planning commission conditional use permit #M9606 for a double classroom portable. We are seeking a four year extension to our current four year permit that is due to expire this August. We had originally anticipated that we would have built a permanent classroom structure by this time. That has not happened. But building a permanent classroom structure is still our goal. Mulberry School (preschool through 5th grade) is located at 1980 Hamilton Ave. on the campus of the First Congregational Church in San Jose. We have had tenancy here for 35 years. Our current lease with the church expires in August of 2002. The church has only recently indicated that they will extend our lease. Our plans to build a permanent multi-classroom facility on church property have had to be put on hold as they are currently without a permanent minister and they are not ready to make such a major decision under the leadership of an interim senior minister The church is in the early stages of considering its own building needs and is understandably not willing to allow the school to begin construction until they have determined their own needs and plans for the facility. As you know, the high cost of property and its limited availability have placed small, independent schools, and other small non-profits, in serious jeopardy. We would like very much to remain on our current site. To do so will require classroom construction by either the school or the church. The process for identifying and hiring senior ministerial staff is very time consuming. It is entirely possible that the church will not have its new minister in place for at least two or three years. It is unlikely that they will make the decision to launch a new building program until the new minister is on board. We are, therefore, requesting the permit extension for another 4 years. We do not seek any alterations to the portable for which we secured the permit in 1996. The square footage will remain the same. This extension will not serve to increase staff or student enrollment or increase the need for parking spaces. Our elementary enrollment cap remains at 112 students. We will not extend the program beyond the 5th grade. Mulberry school will remain a preschool through elementary school. Our hours of operation of our school program and our extended care program remain the same. The portable continues to house 4th and 5th grade classes from 9:00 a.m. to 3:00 p.m. and Extended Care from 7:30 a.m. to 6:00 p.m. on weekdays. 1980 Hamilton Avenue, San Jose, California 95125. Tel: 408.377.1595. Fax: 408.377.7547 www. mulberry, org. email: info@mulberry, org Attachment 4 Page 2 of 2 One of the more challenging conditions of our building permit was to obtain a fire permit. We upgraded our fire alarm system and connected it to the Fire Station. I have spoken with Chris Veargason at Central Fire and he assured me that he will support our request for an extension of our fire permit because we continue to pass all of our inspections, we maintain open communication, and all of the conditions under which the fire permit was authorized remain unchanged. I hope I have succeeded in providing the necessary information that will allow us to move ahead with the process that will allow us to secure an extension to the permit for our portable classrooms. I look forward to hearing from you regarding our next step. We would like to meet with your office to discuss this. You may reach me by phone (408) 377-1595, by fax (408) 377-7547, or by email ruthkaplan~mulberry.org. Thank you for your assistance. Sincerely, . Director/Principal CITY OF CAMPBELL Community Development Department · Current Planning July 14, 2000 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, July 25, 2000, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Ms. Ruth Kaplan, on behalf of Mulberry School, for approval of an Extension (PLN2000-91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School on property located at 1980 Hamilton Avenue in a PF (Public Facilities) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project 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. PLN2000-91 Address: 1980 Hamilton Avenue 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department · Current Planning May 31, 2000 Ms. Ruth Kaplan, Director/Principal Mulberry School 1980 Hamilton Avenue San Jose, CA 95125 Re: Extension of Approval for Portable Classroom Dear Ms. Kaplan: Thank you for your letter requesting an extension of the 1996 approval which allowed the placement of a double classroom portable for a four-year period at Mulberry School. Your approval expires this August. Please find enclosed two application forms. The first is a Pre-Application form. The Pre-' Application process takes about two weeks and allows the necessary City departments to consider your request and provide initial conditions of approval. There is no fee for the Pre-Application review and it is helpful in providing feedback on how best to submit the formal application. The second form is an Extension of Approval application. You will complete this application after you have received the Pre-Application review comments. There is a filing fee of $1,010 for the Extension of Approval process. This request will be heard at a Public Hearing before the Planning Commission. Decisions of the Planning Commission are final in ten days unless appealed in writing to the City Clerk. In order to process this request prior to your August expiration date, you need to provide the necessary information (outlined on the application form) for the Pre-Application process at your earliest convenience. Again, the Pre-Application will take two weeks. The Extension of Approval process takes about six weeks. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Aki Irani Planner I CC Sharon Fierro, Community Development Director First Congregational Church of San Jose (Property Owners) 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · 'rr>r~ 408.866.2790 A Parent Participation School RECEIVED 3 2000 CITY OF CAMPBELL PLANNING DEPT. Preschoo, and Elementary MULBERRY SCHOOL Planning Department 70 North 1st Street Campbell, CA 95008 Dear Ms. Fierro, May 30, 2000 I am writing to inquire about the appropriate procedure for securing an extension to our planning commission conditional use permit #M9606 for a double classroom portable. We are seeking an extension to our four year permit that will expire this August. We had originally anticipated that we would have built a permanent classroom structure by this time. That has not happened. But it is still our goal. Mulberry School (preschool through 5th grade) is located at 1980 Hamilton Ave. on the campus of the First Congregational Church in San Jose. We have had tenancy here for 35 years. Our current lease with the church expires in August of 2002. The church has indicated they will extend the lease, but they are currently without a permanent minister. We are requesting the permit extension for another 4 years. The church is in the early stages of considering its own building needs and is understandably not willing to allow the school to begin construction until they have determined their own plans for the facility. As you know, the high cost of property and its limited availability have placed small, independent schools, and other small non-profits, in serious jeopardy. We would like very much to remain on our current site. To do so will require classroom construction by either the school or the church. The church will not hire a new minister for at least two or three years. It is unlikely that they will make the decision to launch a new building program until the new minister is on board. One of the conditions was to obtain a fire permit. I have spoken with Chris Veargason at Central Fire and he assured me that he will support our request for an extension of our fire permit because we continue to pass all of our inspections, we maintain open communication, and all of the conditions under which the fire permit was authorized remain unchanged. I look forward to hearing from you regarding our next step. We would like to meet with your office to discuss this. You may reach me by phone (408) 377-1595, by fax (408)377-7547, or by email ruthkaplan(~mulberry.org. Thank you for your assistance. Sincerely, Director/Principal 1980 Hamilton Avenue, San Jose, California 95125. Tel: 408.377.1595. Fax: 408.377.7547 www. mulberry, org. email: info@mulberry, org CITY oF CAMPBELL Community Development L~cpartmcnt . Current PlanninR June 13, 1996 Mr. ,lay Perrine 891 Almzrida Avenue Campbell, CA 95008 Re: M 96-06 - 1980 Hamilton Avenue - Mulbetz7 School Dear Mr. Perrine: Please be advised that the Planning Commission, at its meetin~ of June 11, 1996, adopted Resolution No. 3030 approving the placement ora 1,920 square foot modu~r e, la~mxxan building on property located at 1980 Hamilton Avenue in a PF (Public Facilities) Zoning District. This approvaJ is effective 10 days following the Planning Commission's a~tion, unless appealed, and is subject to the conditions provided in the enclosed Resolution. If you have any qt:estions regarding the Conunission's approval, plea,se do not hesitate to contact the undersigned at (408) 866-2142. Sincerely, Aki Honda Planne~ I Mulbeny School 1980 Hamilton Avenue Campo~. CA 95008 First Congregational Church of San lose (Property Owners) 1980 Hamilton Avenue Campbell. CA 95008 70 North First Street Campbell. Calitornia 95008.142.~ · TI.L 408.866.:~140 .FAX 408.379.2572 too 408.866,:2790 ITEM NO. 3 STAFF REPORT - PLANNING COMMISSION MEETING OF JUNE 11,1996 M 96-06 Perrine, J. Public Heating to consider the application of Mr. Jay Perrine, on behalf of Mulberry School, for a Modification to a previously approved Use Permit to allow the installation of a 1,920 square foot double modular building to be used as additional classroom space on property located at 1980 East Hamilton Avenue (First Congregational Church of San Jose) in a PF (Public Facilities) Zoning District. That the Planning Commission take the following action: Adopt a Resolution incorporating the attached findings and approving a Modification to allow the installation of a modular building to be used as additional classroom space subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION: This item is categorically exempt under Section 15314 of CEQA (Minor Additions to Schools); therefore, no environmental action is required. PROIECT DATA Project l,ocation: Gross Lot Area: Net Lot Area: Total Building Area: Total Building Coverage: Floor Area Ratio: Total Parking Required: Total Parking Provided: Church: Church Square Footage: Total Parking Required: 7.23 acres (314,988 sq. ft.) 6.14 acres (267,450 sq. ft.) 28,090 sq. ft. 10.5% 10.5% 207 parking spaces (1 per 4 seats, +1 space per 40 sq. tr. of seating area) 163 parking spaces 8,290 sq. ft. (29.5% of total building area) 112 parking spaces Total Parking Provided: 163 parking spaces Additionally Provided Parking: 51 parking spaces Existing Classroom Area: 17,800 sq. ft. (63.7% of total building area) Pro~'x~d Classroom Area: 1,920 sq. ft. (6.8% of the total building area) Total Parking Required: 95 parking spaces Staff Report--Planning Commission Meeting of June 11, 1996 M 96-~6-1980 E. Hamilton Avenue Page 2 Total Parking Provided: Total Parking Deficiency: 51 parking spaces (total site parking provided less total church parking required) 44 parking spaces Applicant's Proposal: The applicant, Jay Perrine, on behalf of the Mulberry School, is requesting approval of a Modification to a previously approved Use Permit to allow the establishment of a 1,920 square foot double modular building to be used as additional classroom space on property located at 1980 E. Hamilton Avenue. The Mulberry School is a private school which provides instruction for primary arid elementary school children (Junior Kindergarten through 5th grade) and is located on property occupied by the First Congregational Church of San Jose on the southeast comer of East Hamilton Avenue and Leigh Avenue. Project Backgroun~l: This is the second Modification requested by the Mulberry School for the establishment of a modular classroom addition. The first Modification was approved on May 11, 1993 for a 1,330 square foot modular building. The school was established on the property of the First Congregational Church of San Jose by approval of a Use Permit when the property was in the jurisdiction of Santa Clara County. General P. an Consistency: The General Plan land use designation for the project site is Public/Semi-Public. The proposed modular building for use as a classroom building in conjunction with the existing school is consistent with the General Plan. Zoning Consistency: The Zoning designation for the project site is PF (Public Facilities). The proposed modular building for classroom space is a use which is consistent with the existing school and with the Zoning designation for the site. The proposed use of the modular building for the existing school is also compatible with the surrounding neighborhood. The project site is surrounded by commercial and office use to the north, residential uses to the south, commerdal and residential uses to the west and residential uses to the east. Use: The request to establish the 1,920 square foot (60' x 32') c~.ouble modular building has been submitted to primarily serve two purposes. One purpose is to utilize half of the building as an additional elementary classroom to reduce class size. The second purpose is to utilize the other half of the Staff Report--Planning Commission Meeting of June 11, 1996 M 96-06--1980 East Hamilton Avenue building as classroom space for the "extended care" program which provides before and after school care for students. The "extended care" program provides before school care beginning at 7:30 a.m and after school care until 6:00 p.m. During scheol hours, this space will be used as "break out" space for the Science teacher, Music teacher and Resource Specialist. The double modular building is proposed for use as a temporary solution to the additional classroom space needed. The long range plans include the establishment of a permanent structure to meet additional classroom space needs. The Central Fire District has reviewed the proposal and notes that the required fire flow for the double modular building is 1500 GPM at 20 p.s.i, residual pressure. This fire flow iR not available from area fire hydrants. Therefore, the CFD is requiring that the building be provided with an automatic fire sprinkler system. The Mulberry School has stated that the addition of the double modular buiiciing will not be used to provide additional classroom space to allow expansion in the enrollment of the school. Currently, there is a total of 95 children enrolled in the Preschool program and 97 children enrolled in the primary and elementary school program. However, the maximum number of students allowed at any one given time per the school's agreement with the Church is 112 students. Preschool and kindergarten classes operate as split-sessions. In addition, there is a total staff of 35 for instruction and supervision of the students. The school will continue to operate within the existing hours of operation · which is Monday through Friday, c~:00 a.m. to 3:00 p.m. (classroom hours), with general hours from 7:30 a.m to 6:00 p.m. (including the "extended care" hours). The schcool does not operate on the weekends and therefore, does not coincide with the most intense use of the site by the Church for Sunday services. Design: The proposed site plan indicates that the double modular building will be placed on the eastern portion of the property just south of the parking lot accessible from Hamilton Avenue and Phantom Avenue. The building will be situated in an undeveloped portion of the property which is currently being u~,ed as a gardening area for the students. It will be setback 10 feet from tle eastern property line and approximately 25 feet from the oxisting modular building to the west. To the south is the elementary playground which extends approximately 180 feet to the southern property line. There is a driveway aisle approximately 22 feet wide between the Staff Report--Planning Commission Meeting of June 11, 1996 M 96-06-1980 E. Hamilton Avenue pa~e 4 placement of the ramp for the modular building and the first parking stall to the north of the proposed modular building location. The double modular building is an existing structure which will be relocated onto the school site and will closely resemble the conceptual elevations attached as an exhibit. The elevations of the modular building will consist of vertical wood siding and a wood fascia trim. The building will be painted to match the existing school structures which are consistent with the color of the Church. Parkine: Currently, there is a total of !63 parking spaces provided on site. With t~e addition of the double modular building, the total number of required parking spaces for the site will be 207 spaces. The parking calculations for churches or places of public assembly require one parking space for every four seats, and one space for every 40 square feet of non-fixed seating area. The Church contains 450 seats requiring 112 parking spaces. The school will require an additional 61 parking spaces in addition to the 34 spaces currently required. Although the number of parking spaces required exceeds the number of parking spaces currently provided, the demand for parking does not occur for both uses at the same time. The parking demand for the school occurs during its operation during the weekdays avd the parking demand for the Church primarily occurs during the weekend. Therefore, the demand and use of the parking lot is staggered between the Mulberry School and the Church. SITE AND ARCHITECTURAL REVIEW; The Site and Architectural Review Committee reviewed this item at its meeting of May 30, 1996 and was supportive of the applicant's request with the following additional conditions: Relocate the proposed double modular building as shown on the site plan 10 feet to the south to prevent the ramp from being placed within the paved parking lot area. SARC expressed concern for students based upon the proximity of the ramp to the parking area and the ability for a sufficient turning radius for vehicles, particularly safety vehicles. Limit the use of the double modular building to four (4) years. It was stated by the applicant that the modular building is only a temporary solution for additional classroom space needs. The applicant may Staff Report-Planning Commission Meeting of June 11, 1996 M 96-06-1980 E. Hamilton Avenue PaRe 5 apply for an extension if the use of the double modular building is required beyond the four years. Limit the maximum number of students at any given time to 132 students. This is based upon the maximum number of students allowe~ per the agreement with the Church and an additional 20 students should the school need to expand in the future. Maintain the existing operational hours of the school. The school shall continue to operate within the existing hours of operation which is Monday through Friday, 9:00 a.m. to 3:00 p.m. (classroom hovi-s), with general hours from 7:30 a.m to 6:00 p.m. (including the "extended care" hours). Paint the double modular building to match the color of the exisang Church. S ~,RC recommends that the applicant paint the new building to match all existing school structure which are consistent with the Church colors. 2. 3. 4. Findings Conditions Exhibits Location Map P~'¢pared by: Aki Honda, Planner I Approved by: Attachment FINDINGS FOR APPROVAL OF FILE NO. M 96-06 SITE ADDRESS: 1980 East Hamilton A','enue APPLICANT: Jay Perrine, on behalf of Mulberry School P.C. MEETING: June 11, 1996 Findings for Approval of a Modification to a previously-approved Use Permit to allow the establishment of a double modular building for additional classroom spate - The Planning Commission finds as follows with regard to File No. M 96-06: There is adequate parking on-site to accommodate the proposed use based upon the staggered use of the site by the Church use and the school use. o The proposed use of the double modular building for additional classroom space is consistent with the existing uses on the property. The proposed double modular building will be set back 10 feet from the eastern property line and approximately 180 from the southern property line to provide sufficient distance from the nearest residential uses. Based upon the foregoing findings of fact, the Planning Commission further finds and concl,. ',es that: The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare o£ porsons 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. 2. The proposed use is compatible with the adjacent land uses. Affachmenf No. ~ CONDITIONS OF APPROVAL FOR FILE NO. M 96-06 SITE ADDRESS: 1980 East Hamilton Avenue APPLICANT: Jay Perr~ne, on behalf of the Mulberry School P.C. MEETING: June 11, 1996 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. o Approved Project: Approval of the Modification allows the establishment of a one-story 1,920 square foot double modular building to be used as additional classroom space on the eastern portion of the property located at 1980 East Hamilton Avenue. Ao Project shall substantially comply with the site plan submitted by the applicant on May 16, 1996. Bo Project shall closely comply w~,th the conceptual elevation plan submitted by the applicant on June 5, 1996. Buildin~ Division Requirements. A. Provide foundation and seismic anchorage details per UBC 304. B. Apply for a building permit for the foundation. Central Fire District Requirements: A. Provide an approved type automatic fire sprinkler system throughout all portions of the building. Provide approved type monitoring for all fire sprinkler system alarm devices. ~ite and Architectural Review Committee Reo_uir~mcnt~: A. The proposed double modular building as shown on the site plan hall be located 10 feet to the south to prevent the ramp from being placed within the paved parking lot area The use of the double modular building shall ye limited to four (4) years. The applicant may apply for an extension if the use Conditions of Approval-Planning Commission Meeting of June 11, 1996 M 96-06-1980 E. Hamilton Avenue Pane 2 Co Do Eo of the double modular building is required beyond the four years. The maximum number of students allowed at any given time at the school shall be limited to 132 students. This is based upon the maximum number of students allowed per the agreement with the Church and an addit~_onal 20 students should the school need to expand in the future. The school shall continue to operate within the existing hours of operation which is Monday through Friday, 9:00 a.m. to 3:00 p.m. (classroom hours), with general hours from 7:30 a.m to 6:00 p.m. (including the "extended care" hours). The double modular building shall be painted to match the existing school structures which are consistent with the Church colors. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED USE PERMIT TO ALLOW A MODULAR CLASSROOM ON PROPERTY LOCATED AT 1980 E. HAMILTON AVENUE (FIRST CONGREGATIONAL CHURCH OF SAN JOSEI IN A PF (PUBLIC FACILITIES) ZONING DISTRICT. FILE NO. M 93- 05 After notification and public hearing as specified ky law on the application Ms. Ruth Kaplan, on behalf of Mulberry School, for approval of a modification to a previously approved Ur, e Permit to allow a modular classroom on property located at 1980 E. Hamilton Avenue (First Congregational Church of San Jose), in a PF (Public Facilities) Zoning District, as per the application filed in the Planning Department on March 17, 1993; and, after presentation by the City Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission finds as follows with regard to Application No. M 93d)5: 1. There is adequate parking on-site to accommodate the proposed u~e. 2. The proposed use is consistent with the existing uses on the property. 3. The structure is set back in excess of 100 feet to the eastern and southern property lines which provides a substantial distance to the nearest residential structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the nel£'-borhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 2. The proposed use compatible with the adjacent land uses. Approval is effective ten days after decision of approval of th~ PlannL'~g Commission, unless an appeal is f'ded. The ' is ~m4ifled as part of application that he is required to comply ~ti'~PP~'~t following Approval: SITE AND BUILDING DESIGN ~t~Droved Proiect: Approval of the modification allows a one story 1,330 sq-u-are feet modular ck ~sroom on the easterly portion of the property Resolution No. 2852 M 93-05 - 1980 E. Hamilton Avenue - R. Kaplan Adopted on May 11, 1993 Page 2 located at 1980 E. Hamilton Avenue and identified as Assessor's Parcel Number 412-06-039. A. Project drawings for the classroom unit consist of 1 sheet prepared by Edward Janke, dated April 1, 1993. 2. l}uildirtg Permits: Applicant to obtain all necessary building permits prior to construction. 3. Provide handicapped ramp with maximum slope of 1:12. Provide handrail if slope is greater than 1:15. Intermediate landings required for rises exceeding 30,. Top landings minimum 60' square. Title 24.3307. 4. Provide an adjacent power pole for (temporary) electrical service. 5. Provide a cross-section of perimeter foundation and other structural support. t:IRE DEPARTMENT 6. Buildings shall have automatic fire sprinkler system. 7. Fire alarm system shall be interconnect to existing ~ite facility. Further, the applicant is notified as part of this application that he is required to comply with all applicable Cedes and Ordinances o~ the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 11 th day of May, 1993, by the following roll call vote: AYES: Commissioners: Akrida'e. Lfmdstrom, Mever-K, ennedv, Alna NOES: Commissioners: . ~ ABSENT: Commissioners'.' Fox: STAFF REPORT PLANNING COMMISSION MEETING OF MAY 11,199,3 M 93-05 Hearing to consider the application of Ms. Ruth Kaplan, on Kaplan, R. behalf of Mulberry School, for approval of a modification to a previously approved Use Permit to allow a modular classroom on property located at 1980 E. Hamilton Avenue (First Congregational Church of San Jose) in a PF (Public Facilities) Zoning District. fi.T.~[~_gECOMM END ATI ON That the Planning Commission take the following action: 1. Adopt a Resolution incorporating the attached findings approving the modification to allow a modular classroom addition, subject to the attached Conditions of Approval. *This application is Categorically Exempt under CEQA, therefore no environmental action is required. APPLICANT,S PROPOSAL The applicant is requesting approval of a modification to a previously approved Use permit to allow the establishment of a modular classroom unit on property located at 1980 E. Hamilton Avenue. The applicant currently operates a private school for grades 1-3 and the additional classroom unit will allow expansion of the school use to provide 4th and 5t,h grade curriculum. i~ROIECT DATA Net Area: Gross Parcel Area: 7.23 acre 6.14 net acres 314,988 :~. ft. 267,450 sq. ft. Building Area Church Area: Existing classrooms: Proposed classroom unit: Total classroom area: Total Building Area: Lot Coverage: Floor Area Ratio: 8,29O sq. ft. 16Z~S0 sq. ft. 1,330 sq. ft. 17,880 sq. ft. 26,170 sq. ff. 10% 10% Parking Provided: Required: 163 parking spaces 147 parking spaces (1 per 4 seats, + 1 space per 40 sq. ft. seating area) M 93-05 - 1980 E. Hamilton Avenue - IL lan Page 2 BACKGROUND The 6.14 acre site is currently occupied by the First Congregational Church. The school use was established with a Use Permit when the property was in the jurisdiction of Santa Clara County. The classroom addition requires a modification to the Use Permit under the Zoning Ordinance. ZONING AND GENERAL PLAN CONSISTENCY Zoning: The property is zoned PF (Public Facilities). The proposal for an additional classroom in conjunction with an existing school and. church use is consistent with the zoning for the property. General Plan Designation: The Land Use Element indicates public or q,~asi- public uses. The proposal is consistent with the General Plan. irROIECI :bESCRIPTION ].~ocation: In addition to the existing church facilities on the property, four classroom structures currently occupy the property. The proposed location of the modular classroom will be off the parking lot area near the eastern side of the property. The structure is setback approximately 100 feet to the eastern property line and 180 feet to the southern property line. ~: The elevations of the modular classroom unit indicate vertical wood siding and a wood fascia trim that will be painted to match the existing schoolroom structures. ~oposed Overation: Expansion of the school use will allow 4th and 5th grade level instruction. The school will continue to operate the classroom schedule in accordance with the existing operation, Monday through Friday, 9:00 a.m. to 3:00 p.m. (classroom hours), with general hours from 7:30 a.m. to 6:00 p.m. The maximuxn total student attendance at any given time is 93 children and is staffed by 35 adults. ~..~]sJ.B~: The site provides 163 parking spaces. Under the Ordinance, churches or places of public assembly require provision of one parking space for every four seats, and one space for every 40 square feet of non-fixed seating area. The church contains 450 seats requiring 112 parking spaces. The four buildings used by the school contain 136 seats requiring a provision of 34 parking spaces. The total number of spaces required is 150. The provision of 163 parking spaces exceeds the requirement for parking. , .~'~- Meeting of May' 11, 1993 ton Avenue - R. Kaplan The site plan indicates that the property is substantially trees and grass areas. Review Committee reviewed this item at its 1993, ~md was supportive of the applicant's request and tial setback to the side and rear property lines provided an adequate distance to the adjoining residential uses. ~: RECOMMENDATION/SUMMARY Staff finds that the proposed use can be accommodated on-site and that adequate parking and landscaping is provided to allow expansion ot this ~s~nS: s~oo~ use., ~e~.o~e: ~.~ ~ r~~nding t~ ~ ~'~n~ans C°~I~SlOn ~doPt ~ re~olu~ton incorporating the ~tt,ched findlnss, aPpr6vlns the modl/icatfon, subject to the attad~ Condltiom of ApprovaL 1. Findings 2. Conditions of Approval 3. .2xhtblts 4. ~ Applica.n. t's Statement 5. Location Map ss:lb a:m93-05 Staff Report - Planning Commission Meeting of May 11, 19~3 M 93-05 - 1980 E. Hamilton Avenue - R. Kaplan Pal~e 4 , FINDINGS FOR APPROVAL OF FILE NO. M 93-05 SITEi*ADDRF, SS: 1980 E. Hamilton Avenue APPLIC.~IT: R. Kaplan p.C.'MEE'rING: May 11, 1993 lFin~lings for Approval of a Modification previously approved Use Permit I9 allow a ragdular classroom.. The Planning Commission finds as follows with regard to File No. M 93-05: 1. There is adequate parking on-site to accommodate the proposed use. 2. The proposed use is consistent with the existing uses on the property. 3. The structure is set back in excess of 100 feet to the eastern and southern property lines which provides a substantial distance to the nearest residential structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. ' The establishment, maintenance, or operation of the use applied for 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. 2. The proposed use compatible with the adjacent land uses. CONDITIONS OF APPROVAL FOR FILE NO. M 93-05 SITE ADDRESS: 1980 E. Hamilton Avenue APPLICANT: R. Kaplan P.C. MEETING: May 11, 1993 Attachment #2 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 anti th,-. 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. SITE AND BUILDING DESIGN 1. Approved Proiect: Approval of the modification allows a one story 1,330 square feet m6dular classroom on the easterly portion of the property located at 1980 E..Hamilton Avenue and identified as Assessor's Parcel Number 412-06-039. A. Project drawings for the classroom unit consist of 1 sheet prepared by Edward Janke, dated April 1, 1993. BUILDING CODE 2. Buildin~ Permits: Applicant to obtain all necessary building permits prior to construction. 3. Provide handicapped ramp with maximum slope of 1:12. Provide handrail if slope is greater than 1:15. Intermediate landings required for rises exceeding 30". Top landings minimum 60" square. Title 24.3307. 4. Provide an adjacent power pole for (temporary) electrical service. 5. Provide a cross-section of perimeter foundation and other structural support. FIRE DEPARTMEN'I~. 6. Buildings shall have automatic fire sprinkler system. 7. Fire alarm system shall be interconnect to existing site facility.