Mod to Use Permit - 2000 0~ · CA,$,i,°
O,?CH ,,,9.°
CITY OF CAMPBELL
Community Development Department
August 13, 2001
James Baumgartner
West Valley Seventh Day Adventist School
95 Dot Avenue
Campbell, CA 95008
Subject: Process for requesting a General Plan Amendment
Dear Mr. Baumgartner,
This letter is in response to your inquiry about the potential of using part of the West Valley
Seventh Day Adventist Church property to build housing for staff members of the church or
school. The property is currently zoned P-F (Public Facilities) and has a General Plan
designation of Institutional. This zoning and general plan designation allows for public and
semi-public uses such as schools, churches, public service buildings, hospitals, and the like.
Housing is not a permitted use. In order for housing to be built on the site, both the Zoning and
General Plan would have to be changed and several other approvals would be necessary. The
process would include:
· General Plan Amendment from Institutional to Medium-Density Residential
· Zone Change from P-F (Public Facilities) to P-D (Planned Development)
· Tentative Parcel or Subdivision Map to divide the property into separate parcels for
church and residential uses
· Planned Development Permit for the approval of the residential units (either
condominiums, townhomes, or apartments)
The first step in this process would be to pursue a General Plan amendment. The property owner
would need to write a letter requesting authorization from the City Council to submit a General
Plan amendment application. To request authorization, the applicant must submit a letter to the
Planning Department. The letter should identify the site, specify the proposed land use and
describe the proposed project. In addition, the letter should explain how the amendment will fit
into the long-range goals of the City.
The filing fees involved in this process are not insignificant, including a General Plan
amendment application fee of $3,650, Zone Change application fee of $3,650, Planned
Development Permit application fee of $3,650, and a Subdivision or Parcel Map application fee
70 North First Street · Campbell, California 95008-1436 · III. 408.866.2140 FxX 408.866.8381 · VI)l) 408.866.2790
of $2,440-$3,650. (These fees do not include other park dedication fees, building permit fees, or
public works fees.) There is no fee involved in simply requesting authorization from the City
Council to submit a General Plan amendment application, but in the application itself.
I hope this information is useful. If you have any questions, please call me at (408) 866-2142.
Sincerely,
Kristi Bascom
cc: GeoffBradley, Senior Planner
CITY oF CAMPBELL
Community Development Department - Current Planning
April 26,2001
James Baumgartner
West Valley Seventh Day Adventist School
95 Dot Avenue
Campbell, CA 95008
Subject: Modification of Use Permit for Playground Equipment at 531 W. Rincon Avenue
Dear Mr. Baumgarmer,
At its meeting on March 20, 2001, the Campbell City Council adopted Resolution 9829 to allow the
installation of new playground equipment on your school site with the stipulation that the blue slide and
steps leading up to the structure be re-installed on the north side of the hexagon landing.
The Conditions of ApProval that were adopted as part of the resolution stated that the equipment was to
be moved within 30 days of the approval. The 30-day period ended on April 20, 2001, and a site visit to
the school has shown that the work has not been completed.
Please have this modification to the structure done immediately. Failure to resolve this issue within 10
days will result in the referral of this matter to the City Code Enforcement Officer for the issuance of
a misdemeanor citation for violation of applicable sections of the Zoning Ordinance.
If you have any questions on this matter, do not hesitate to call me at (408) 866-2142.
Sincerely,
Kristi Bascom
Planner I
cc:
Bill Seligmann, City Attorney
GeoffBradley, Senior Planner
Ben Mendoza, Code Enforcement Officer
Central California Associations of SDAs, 2820 Willow Ave., P.O. Box 770, Clovis, CA 93613
Pastor Gary Jensen, Seventh Day Adventist Church, 600 W. Campbell Ave., Campbell, CA 95008
Susan Hubbard, 571 Rincon Ave., Campbell, CA
Robert Piirainen, 569 Rincon Ave., Campbell, CA
7lJ N,)rth First Street ~.iampbcll Calit<;rnia 95005-143f) I!:i 408.$66214(3 F',x 405.866.S381 · It)l) 408866.2790
19.
AYES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers: None
The City Clerk read the title of Ordinance No. 2002.
M/S: Furtado/Burr - that further reading of Ordinance No. 2002 be waived.
Motion adopted unanimously.
Appeals of Planning Commission Decision Approving Modification (PLN2000-159)
to a previously approved Conditional Use Permit to allow the installation of new
playground equipment in conjunction with a school on property located at 531 W.
Rincon Avenue in a PF (Public Facilities) Zoning District (Cont'd. 1/2/01)
(Resolution/Roll Call Vote)
This is the time and place for a continued public hearing to consider Appeals of
Planning Commission Decision Approving Modification (PLN2000-159) to a
previously approved Conditional Use Permit to allow the installation of new playground
equipment in conjunction with a school on property located at 531 W. Rincon Avenue
in a PF (Public Facilities) Zoning District
Planner I Bascom - Staff Report dated March 20, 2001.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
Jim Baumgartner, Principal of West Valley Seventh Adventist Day School, appeared
before the City Council and stated that the school is willing to remove the blue slide to
reduce the noise.
Susan J. Hubbard, 571 W. Rincon Avenue, Campbell, appeared before the City
Council and stated she would support the recommendation to remove the blue slide
which she believes will address the noise and visual impacts.
Robert Piiranen, 569 W. Rincon Avenue, Campbell, appeared before the City Council
and stated he would support the removal of the blue slide as an initial step to abate the
problem, but would consider other remedies if the noise problem is not abated to his
satisfaction.
There being no one else wishing to speak, Mayor Dean closed the public hearing.
City Council Discussion:
The City Council discussed the pros and cons of the options as recommended by the
Planning Commission and staff. An additional recommendation was made to relocate
the blue slide and steps to the north side of the hexagon landing rather than removing
Minutes of March 20, 2001 City Council Meeting 6
the slide. Discussion also followed regarding whether the use of the playfields should
be restricted on weekends.
Following discussion, M/S: Kennedy/Furtado - that the City Council adopt
Resolution 9829 amending the Planning Commission approval for the Modification
(PLN2000-159) to a previously-approved Conditional Use Permit to allow the
installation of new playground equipment in conjunction with a school on property
located at 531 W. Rincon Avenue in a P-F (Public Facilities) Zoning District with
the condition that the blue slide and steps leading to it be re-installed on the north
side of the hexagon landing and eliminating the condition which restricted the use
of the fields on weekends. Motion adopted by the following roll call vote:
AYES: Councilmembers: Furtado, Kennedy, Watson, Dean
NOES: Councilmembers: Burr
[~TINISHED BUSIN-ESS
There were no agendized items.
NTW BUSINESS
20.
Approval of Plans and Specifications and Authorizing Call For Bids -
Uninterruptible Power Sources and LED's at Eight Major Intersections and
Approval of Budget Adjustment (Resolution/Roll Call Vote)
Public Works Director Kass - Staff Report dated March 20, 2001.
M/S: Furtado/Kennedy - that the City Council adopt Resolution 9830 approving
the plans and specifications and authorizing call for bids for the Uninterruptible
Poxver Sources and LED's at eight major intersections and approval of a budget
adjustment. Motion adopted by the following roll call vote:
AYES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers: None
21.
Approval of Plans and Specifications for Construction of McGlincey Sidewalk
Improvement Project (01-23) and Authorization to Execute Contract Change Order
(Resolution/Roll Call Vote)
Public Works Director Kass - Staff Report dated March 20, 2001.
Gerald Pelayo, 607 E. McGlincey Lane, Campbell, appeared before the City Council
and expressed concerns that the property owners will be required to pay for the
improvements.
Minutes of March 20, 2001 City Council Meeting 7
March 23, 2001
Robert Piiranen
569 W. Rincon Avenue
Campbell, CA 95008
CITY OF CAMPBELL
City Clerk's Office
Susan J. Hubbard
571 W. Rincon Avenue
Campbell, CA 95008
Jim Baumgartner
West Valley Seventh Day Adventist School
95 Dot Avenue
Campbell, CA 95008
To All Parties:
At its regular meeting of March 20, 2001, the Campbell City Council considered the Appeals
of the Planning Commission decision approving a Modification to a previously-approved
Conditional Use Permit to allow the installation of new playground equipment to replace old
equipment in conjunction with school property located at 531 W. Rincon Avenue.
After due consideration and discussion, the City Council adopted Resolution 9829 amending
the Planning Commission decision allowing the installation of new playground with the
stipulation that the blue slide and steps leading to the structure be re-installed on the north side
of the hexagon landing. Additionally, the City Council removed the previous Condition that
prohibited the use of the playground and sports playfield on weekends. A certified copy of
Resolution 9829 is enclosed for your record.
Should you have any questions regarding the City Council's action, please do not hesitate to
contact this office (866-2117) or Kristi Bascom, Community Development Department (866-
2140).
Sincerely,
'Anne Bybee
City Clerk
cc: Kristi Bascom, Community Development Department
Pastor Gary Jensen, Seventh Day Adventist Church
70 North First Street . Campbell, California 95008. 1423 . TEL 408.866.2117 - FAX 408.374.6889 · TDD 408.866.2790
RESOLUTION NO. 9829
BE1NG A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING A PLANNING
COMMISSION APPROVAL FOR THE MODIFICATION
(PLN2000-159) TO A PREVIOUSLY-APPROVED
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF NEW PLAYGROUND EQUIPMENT IN
CONJUNCTION WITH A SCHOOL ON PROPERTY
LOCATED AT 531 W. RINCON AVENUE IN A
P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPEALS
BY ROBERT PIIRAINEN AND SUSAN HUBBARD. FILE NO.
PLN2000-159.
WHEREAS, after notification and public hearing, as specific by law, and after presentation by
the Community Development Director, proponents and opponents, the hearing was closed.
WHEREAS, after due consideration of all evidence presented, the City Council did find as
follows with respect to application PLN 2000-159:
1. The installation and use of new modular playground equipment and the creation of a baseball
/ soccer field as proposed is not consistent with the existing church and school uses on the
property.
2. The playground area has successfully existed in its current location on the school site since
the issuance of the original use permit for the school in 1963. At that time the playground
consisted of 5 pieces of individual equipment that were located closer to the blacktop area and
further away from the townhouses. In the summer of 2000, the school installed new modular
equipment that was larger, more involved, covered more of the site, and located closer to the
townhouse development.
3. In August, 2000 Staff began receiving complaints from the neighbors regarding the new
equipment. Since the installation of the new playground equipment, the location of the
playground has become a problem for some adjacent property owners in the townhouse
development.
4. The location of the play field was noted on the original site plan and approved as a play field
as part of the original use permit for the school in 1963. However, the specific designation as
a baseball / soccer field was not noted on the original plan.
5. The playground equipment, as currently situated, impacts the adjacent townhouse
development and the City supports removing and relocating part of the equipment in order to
minimize this impact.
6. Relocating the largest, nearest and most intrusive part of the equipment so that impacts are
minimized will aid in addressing neighbors' noise and privacy concerns.
'I' Il; A. TRU~
'~ CC '~ C rile ORIGINAL
':' ~ · '.' ,3TY CLERK~
Based on the foregoing findings of fact, the City Council further finds and concludes that:
The installation of new playground equipment and the creation of a ball field as proposed at
this site will 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, and will be
detrimental or injurious to property and improvements in the neighborhood or to the general
welfare of the City, as long as the equipment is situated to adversely impact adjacent
residential properties.
The proposed site is not adequate in size and shape to accommodate the existing playground
equipment as well as a functional baseball / soccer field and cannot integrate said uses with
uses in the surrounding area.
3. The proposed uses are not compatible with the uses in the area.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAMPBELL THAT THE CONDITIONS OF APPROVAL BE MODIFIED AS SET
FORTH BELO~V:
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.
The original Use Permit for this site (UP 63-05) was issued in 1963. The approval of this
resolution is supplementary to the Conditions of Approval of the original application. Any
future changes to this property shall require another modification to the Use Permit.
COMMUNITY DEVELOPMENT DEPARTMENT
Site Configuration:
A. Within 30 days of final project approval, the applicant shall remove the part of the
structure that is illustrated in the attached exhibit. The blue slide and steps
leading to it may be re-installed on the north side of the hexagon landing.
Use And Operation:
A. The area designated "playfield" on the original site plan from 1963 can continue
to be used as a sports playfield.
B. No bleachers shall be installed for the sports playfield.
C. No audio amplification of any kind shall be allowed in conjunction with the use of
the sports playfield.
D. Use of both the playground and the sports playfield on weeknights after 5:00 p.m.
is prohibited.
3. Conditions of Approval: Failure to abide by the terms of these conditions shall nullify
the approval.
PASSED AND ADOPTED this
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
2Othday of March
., 2001, by the following role call
game Bybee, City Clerk
Furtado, Kennedy,
None
None
None
APPROVED:
Burr, Watson, Dean
part ew Dean, Mayor
Co zt rtc il
Report
ITEM NO:
CATEGORY:
MEETING DATE:
Public Hearing
March 20, 2001
TITLE:
Appeal of a Planning Commission decision approving Use Permit (PLN2000-
159) to allow the installation of new playground equipment - 531 W. Rincon
Avenue (continued from 1/2/2001).
CITY COUNCIL ACTION
The City Council may take one of the following actions:
1. Adopt a Resolution overturning the Planning Commission approval of PLN2000-159,
upholding the appeals, and approving the Staff recommendation of Revised Layout 1; or
2. Adopt a Resolution overturning the Planning Commission approval of PLN2000-159,
upholding the appeals, and approving the neighbor's recommendation of Revised Layout 3;or
3. Adopt a Resolution overturning the Planning Commission approval of PLN2000-159,
upholding the appeals, and approving the School's recommendation of Revised Layout 4; or
4. Adopt a Resolution upholding the Planning Commission approval of PLN2000-159, and
denying the appeals; or
5. Continue the item for additional information or refer the matter back to the Planning
Commission.
BACKGROUND
Plannin~ Commission Meeting:
On November 28, 2000, the Planning Commission heard a request for a Modification to Use
Permit UP 63-5 by the applicant, West Valley Seventh Day Adventist School. The application
was to allow the installation of new playgTound equipment to replace old equipment and to allow
the development of a baseball / soccer field on the existing playfield. After hearing statements
from both proponents and opponents of the project, the Planning Commission adopted
Resolution No. 3317 granting approval of the Use Permit (PLN2000-159) by a 5-1-0 vote (See
Attachment 5). This approval was appealed by Robert Piirainen, who lives in the townhouse unit
directly to the southwest of the playground area, and Susan Hubbard, who lives adjacent to Mr.
Piirainen.
City Council Meeting:
On January 2, 2001 the City Council heard the appeal of the Planning Commission decision.
After hearing statements from both proponents and opponents of the project, the Council referred
the matter to Staff to meet with the applicant, West Valley Seventh Day Adventist School, and
the appellants, Robert Piirainen and Susan Hubbard, to review possible alternate locations of the
play equipment and to discuss revising recess/lunch schedules to minimize noise impacts to the
neighbors and develop an acceptable compromise.
Follow-Up with Staff:
On January 4, 2001, Planning Staff began meeting with the involved parties to review possible
alternatives. Staff asked the School Principal to consider the pros and cons of moving the
City Council Report - March 20, 2001
Appeals of PLN2000-159 - 531 W. Rincon Avenue (Continued from 1/2/2001)
Page 2
playground area entirely to another location on the school premises. The School responded that a
complete relocation was not feasible from their point of view. The School restated their
willingness to move the blue slide but did not offer any additional options.
On March 1, 2001 Staff met at City Hall with SDA School Principal Jim Baumgarmer, SDA
School Maintenance Manager Mike Straub, and neighbors Susan Hubbard and Robert Piirainen.
At the meeting the group discussed several alternatives developed by Staff, as outlined in
Attachment 7.
Revised Layout 3 (See Attachment 8) included the complete relocation of the playground site.
This alternative ~vas strongly supported by the neighbors but not by the School. Their reasons
included safety concerns and the impacts to their play/ball field area. (See Attachment 9) After
considering their objections, Staff examined the playfield configuration and concluded that the
ball field was already substandard in size and not large enough to be considered an official
baseball or soccer field. Moving the playground to a spot on the field would impact the amount
of space available for a playfield, but if the site cannot support a ball field and a playground of
that size in an appropriate location, then perhaps the site cannot support that intensity and
combination of uses. (See Attachment 10)
The group unanimously decided that Revised Layout 2 (See Attachment 11) would not solve any
problems because although the equipment would be reconfigured in the same general location,
the intensity would remain the same and therefore not be acceptable. The School agreed that this
alternative was not workable because of safety concerns.
Ms. Hubbard stated she would accept the compromise shown in Revised Layout ! (See
Attachment 12) which entails the removal of a part of the equipment. Mr. Piiranen stated that he
would be willing to try Revised La.your 1, but that if the noise problems were not abated to his
satisfaction, then he would seek other remedies. Mr. Baumgarmer stated that he would bring this
matter back before his School Board with a recommendation to only remove the blue slide.
Subsequently, the School Board decided that they are willing to remove the blue slide, the
stairway leading up to the slide, and the balance beam. Their offer is illustrated as Revised
Layout 4 (see Attachment 13).
Planning Commission Resolution 3317 included a condition that the lunch schedule for students
shall be spread between the hours of 11 a.m. and 1 p.m. so that no more than 30 students are in
the lunch/play area at any given time. At the meeting on March 1, 2001, the neighbors indicated
that although this idea sounds good in theory, it spreads noise out for more of the day, and would
not be acceptable.
ANALYSIS
Staff reviewed the various options and input from all parties and is recommending Revised
Layout 1. This option offers several benefits:
City Council Report - March 20, 2001
Appeals of PLN2000-159 - 531 W. Rmcon Avenue (Continued from 1/2/2001)
Page 3
Fewer pieces of equipment lowers the intensity of use and the corresponding noise level
should decrease.
· The remaining equipment is further away from the townhouse development and as such
improves the privacy situation.
· The equipment is modular so the portion removed can be installed at another location
elsewhere on the site at a later date if an acceptable place can be found.
· It is the least expensive alternative in the immediate future.
· It is a compromise between the neighbors' desire to completely relocate all of the
equipment and the School's desire to leave the equipment in its current location.
The drawbacks to Revised Layout ! are that it takes away a part of the equipment from the
students until an alternate location can be determined and the funds raised to install it and that it
does not eliminate all of the noise disturbance.
FISCAL IMPACTS
There are no fiscal impacts to the City associated with this action.
ALTERNATIVES
1. Adopt a Resolution overturning the Planning Commission approval of PLN2000-159,
upholding the appeals, and accepting Staff recommendation of Revised Layout 1. Accepting
the Staff recommendation would involve the removal of part of the equipment that is closest
to the concerned neighbors, as shown on Attachment 12, and require the applicant to meet the
conditions of approval.
2. Adopt a Resolution overturning the Planning Commission approval of PLN2000-159,
upholding the appeals, and approving the neighbors recommendation of Revised Layout 3.
Approving this revised layout would involve moving the playground area to a different
location, as shown in Attachment 8, and require the applicant to meet the conditions of
approval.
3. Adopt a Resolution overturning the Planning Commission approval of PLN2000-159,
upholding the appeals, and approving the School's recommendation of Revised Layout 4.
Approving this revised layout would involve the removal of part of the equipment, as shown
in Attachment 13 and require the applicant to meet the conditions of approval.
4. Adopt a Resolution upholding the Planning Commission approval of PLN2000-159, and
denying the appeals. Upholding the decision of the Planning Commission would allow the
installation of the equipment as shown in Attachment 14 and require the applicant to meet the
conditions of approval.
5. Continue the item for additional inforfnation or refer the matter back to the Planning
Commission. Referring the matter to the Planning Commission with direction would require
the Commission to revisit the issue and forward a different resolution than the one already
presented to the Council.
City Council Report- March 20, 2001
Appeals ofPLN2000-159 - 531 W. Rincon Avenue (Continued from 1/2/2001)
Page 4
Attachments:
1. City Council Resolution overturning the Planning Commission approval of PLN2000-159, upholding
the appeals, and accepting the Staff recommendation of Revised Layout 1
2. City Council Resolution overturning the Planning Commission approval of PLN2000-159, upholding
the appeals, and approving Revised Layout 3
3. City Council Resolution overturning the Planning Commission approval of PLN2000-159, upholding
the appeals, and approving Revised Layout 4
4. City Council Resolution upholding the Planning Commission approval of PLN2000-159 and denying
the appeals
5. Planning Commission Resolution 3317
6. Site Plan
7. Matrix of Revised Layouts
8. Conceptual Site Plan of Revised Layout 3
9. Letter dated 1/11/2001 from West Valley SDA School
I0. Ball Field Site Analysis
11. Conceptual Site Plan of Revised Layout 2
12. Conceptual Site Plan of Revised Layout 1
13. Conceptual Site Plan of Revised Layout 4
14. Conceptual Site Plan of Existing Playground Equipment
15. Letter from City Building Official explaining building permit requirements for playground equipment
16. Location Map
Prepared by:
Reviewed by:
Kristi Bascom, Planner I
Sharon Fierro, Community DevelolSment Director
Approved by:
Bernard M. Strojny, City Manager
Attachment #5
RESOLUTION NO. 3317
BEING A RESOLUTION OF THE PLA~G COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
MODIFICATION (PLN2000-159) TO A PREVIOUSLY-
APPROVED CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF NEW PLAYGROUND EQUIPMENT 1N
CONJUNCTION WITH A SCHOOL ON PROPERTY
LOCATED AT 531 W. RINCON AVENUE IN A PF (PUBLIC
FACILITIES) ZONING DISTRICT. APPLICATION OF MR.
JIM BAUMGARTNER, ON BEHALF OF WEST VALLEY
SEVENTH DAY ADVENTIST SCHOOL. FILE NO. PLN2000-
159.
After notification and public hearing, as specified by law, and after presentation bv 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 PLN2000-159:
1. The installation and use of playground equipment and creation of a baseball / soccer field is
consistent with the existing church and school uses on the property.
2. The playground area has successfully existed in this location for decades and the location of
the playground equipment on the school site was approved as part of the original use permit
for the school in 1963.
3. The location of the baseball / soccer field was noted on the original site plan and approved as
a playfield as part of the original use permit for the school in 1963.
4. The playground equipment, as currently situated, unnecessarily impacts the adjacent
townhouse development and the City supports reconfiguring part of the equipment in order to
minimize this impact.
S. Relocating the highest and most intrusive part of the equipment so that visual impacts are
minimized will aid in addressing neighbors' privacy concerns.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The installation of new playground equipment and the creation of a ball field at this site 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, as long as the equipment is situated to minimize impacts on adjacent residential
properties.
Planning Commission Resolut .~ No. 3317
PLN2000-159 - 531 W. Rincon Avenue -Modification of Use Permit (School Playground)
Page 2
2. The proposed site is adequate in size and shape to accommodate the equipment in order to
integrate said uses with uses in the surrounding area.
3. The project is adequately served by streets of sufficient capacity to carry the k/nd and
quantity of traffic such uses would generate.
4. The proposed uses are 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Site Configuration:
A. Within 15 days of final project approval, the applicant shall submit a revised playground
layout plan for the review and approval of the Community Development Director.
At a minimum, the plan shall indicate the re-configuration of the equipment so that the
large blue slide and accompanying landing is moved to the north and faces away from the
townhouses and towards the ball field and school. The plan shall include the relocation
of fencing necessary to accommodate this location.
C. Upon approval of the revised layout plan by the Community Development Director, the
playground equipment shall be reconfigured within 30 days.
2. Use and Operation:
A. No bleachers shall be installed for the baseball / soccer field.
B. No audio amplification of any kind shall be allowed in conjunction with the use of the
baseball / soccer field.
C. Hours of use of both the playground and the ball field shall be limited to school hours
only. Use on weeknights after 5:00 p.m. and on weekends is prohibited except for special
school and church functions.
D. The lunch schedule for students shall be spread between the hours of 11 a.m. and 1 p.m.
so that no more than 30 students are out in the lunch/play area at any given time.
3. Conditions of Approval: Failure to abide .by the terms of these conditions shall nullify the
approval.
Planning Commission Resomt. _a No. 3317
PLN2000-159 - 531 W. Rincon Avenue - Modification of Use Permit (School Playground)
Page 3
PASSED AND ADOPTED this 28~h day of November, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hemandez, Lindstrom
Jones
Lowe
None
APPROVED:
~I~abe~ Gibbons, Chair
Sharon Fierro, Secretary
Attachment #7
MATRIX OF REVISED LAYOUTS
Revised Layout 1: Remove part of the structure altogether
(as shown in Attachment 10)
Removal of equipment from existing location
Reinstallation of equipment in different location
Create new playground area
Surface material
Total cost of implementing Revised Layout 1
*estimate based on quote of $7,295 to remove entire playground
$4,000*
$4,000*
Revised Layout 2: Reconfigure equipment in existing playground area
(as shown in Attachment 9)
Removal of equipment from existing location
Reinstallation of equipment in different location
Create new playground area
Surface material
Total cost of implementing Revised Layout 2
$7,295
$7,295
$14,590
Revised Layout 3: Remove entire playground to a new location
(as shown in Attachment 6)
Removal of equipment from existing location
Reinstallation of equipment in different location
Create new playground area
Surface material
Total cost of implementing Revised Layout 3
$7,295
$7,295
$3,45O
$2,250
$20,290
ORCH Ag°
MEMORANDUM
Attachment
Building Inspection Division
Phone: (408) 866-2130
70 Nor'& First Street
Campbell, CA 95008
#15
TO:
Sharon Fierro, Community Development Director
FROM:
Bill Bruckart, Building Official
Playground Equipment
DATE: March 7, 2001
Sharon,
I have been asked to state the Building Division's policy on play~ound equipment, commonly
installed throughout the City of Campbell.
It is the divisions long standing policy to not issue permits for playground equipment because
such equipment does not comply with Building Codes in any fashion. It is impossible for us to
objectively certify that these types of structures meet any of our Codes!
In addition, the Uniform Building Code, exempts "Playhouses, and similar uses" from having to
obtain permits, under section 106.2 of the Code.
If we were to attempt to regulate these types of structures, we would be forced to deny every
application because they are so far outside the Codes in design.
Bill
facsimile tmns
To: Ms. Christi Bascom Fax: 408-866-8381
From: Robert Piirainen Date: 02/09/01
Fie: SDA Playground Alternatives Pages: 3
CC: SH
[] Urgem x For Review [] ~Commem [] I~$e Reply
I have received your lelter of February 2, 2001 and appreciate the Citk~
and your efforts to reach resolution of this rnatler. In the spirit of comprom~ I would like
concern of having playground equipment located on and near my proper~ line resulting in
I have attached copies of site layout diagmm's from your city council package wire the
We have proposed moving the equipment to area A which is away from residences, the
equipment could be located away from the parldng lot and the access road to it by
situating and odentlng Itm equipment an appropriate distance from them and installing
approprla~ fencing if required to Insure safeb/. We canrtot Imagine any ra'donal that would
prevent ~hls from being done.
In the spirit of compromise I would like to offer the following, to save expense leave the
swing sec where R is, move the rest of the equipment to location B so it is next to the
schools basketball courts. The equipmen! will 1hen not be directly on a residential property
line with the exceplk~ of the swings on my neighbor's line who apparen~ has not
objected because his home is some distance from the swings. I believe this alternative
offers Itm nex~ best solution to area A to minimize impacts to residences. Of coarse they
could always locate the equipment in the middle of their property, there has not been a
developed ball field on Iheir property and it was not proposed to our knowledge until
shortly before the Planning Commission MeeUng November g~.
If none of these compromise localJon$ are acceptable to the ~choot U~n I believe it is
then evident that their property with a ball field cannot support this greaUy expancled
playground equipment Insta/lation and that it should be removed.
IO'd 0~8~ 68~ 80~ OJ3~ SAJfl ~d ~:~I IO-60-qaJ
COa[l
~v¢~tfl-da~ A,dv~uttst ~cfloo[
95 ~ot ~venue, CamF~e[[, C~ 95008
(408) S/g-4~2T (408) 378-4371 fax
February 5,2001
Sharon Fierro
Community Development Department
70 North First Street
Campbell, CA 95008
Subject: Modification of Playground Equipment
RECEIVED
CtTy
Dear Sharon,
We looked into switching the swing set with the large slide area, but the dimensions
are off several feet. If we place the swing set by the lunch area, we have a safety
issue. The clearance around the swing set needs to be twenty feet. Children leaving
the lunch area would be in harms way. It would be too close to the fence, and too
close to the wooden structure when the children swing high on the swings. The
swing is a very popular item, and a lot of students congregate around it. Noise
would still be a factor, and the students could look over the fence when they are
swinging high.
We would have to switch the whole playground unit around so the slide portion is
facing the swing set on the east, and the section facing the slide would be facing the
lunch area. We would have to remove the whole playground and reinstalled it.
The contractor said it would take $12,000 to do this. As I said, we still are in debt
for the first time we installed the playground structure. The well is dry. It would
take several months to try to raise the funds to accomplish this unwanted task.
Even then, there are no guarantees. The contractor said he couldn't get to it until
this summer. So that gives us 3-4 months.
Our final option is to take the slide unit down temporarily and leave it down until
the funds are raised to switch the whole unit around. The students will be the only
ones that are affected, but they will adjust.
That is the best we can do with our present circumstances financially.
Sincerely,
Principal, West Valley SDA School
o~' CA~
CITY OF CAMPBELL
Community Development Department - Current Planning
February 2, 2001
James Baumgartner
West Valley Seventh Day Adventist School
95 Dot Avenue
Campbell, CA 95008
Subject: Modification of Use Permit for Playground Equipment at 531 W. Rincon Avenue
Dear Mr. Baumgartner,
Thank you for your letter dated January 11, 2001 that outlined your reasons as to why the
playground equipment can't be moved onto the field. Another alternative that you mentioned but
did not expand upon was switching the location of the swing set with the large jungle gym, an
alternative which we discussed during our meeting on January 4th.
As it stands now, the neighbors are proposing that the equipment be located somewhere else on
the property entirely and the school is proposing that the equipment stay in its same location but
rotate the slide. The City Council referred this matter back to Staff with direction to meet with
both parties to review alternatives to resolve this issue by way of a compromise between the
school and the neighboring residents. I'm sure you would agree that simply restating your
original offer to move the slide is not a compromise.
If you argue that moving the equipment to either the north or west side of the field is not feasible
due to your plans for the play field, then I would expect you to offer some other alternative which
meets the City Council's directive of resolving the problem. Switching the two pieces of
equipment would show a good faith effort on your part to address the concerns of the neighbors
as well as the City Council while still allowing the school to keep the same location on the school
site. Neither the fax from Leonard's Construction nor Husband's and Associates dismiss this as
a viable alternative. In fact, the fax from Husband's mentions rotating the entire structure. I
realize that the financial implications of moving the equipment are difficult for the school to
accept, but the reality is that the problem needs to be addressed with a solution that considers
both parties.
70 North First Street · Campbell, California 95008-1436 · TEL 405.866.2140 · FAX 408.860.8381 - TDD 408.866.2790
We intend to bring this item back to the City Council on March 6th, SO we will need your revised
plans by February 16th at the latest. Absent any effort on your part to provide a reasonable
compromise per Council direction, Staff will recommend a solution to the Council for their
consideration.
Please reconsider your options and contact us at your earliest convenience.
Sincerely,
Sharon Fierro
Community Development Director
cc:
Bernard Strojny, City Manager
Geoff Bradley, Senior Planner
Kristi Bascom, Planner I
Susan Hubbard, 571 Rincon Ave., Campbell, CA
Robert Piirainen, 569 Rincon Ave., Campbell, CA
FROh
: LEON~RDEi CONSTRUT:ON
(4081, 2,59-5077
(40811
30, 2001
.V~. Jim Baumgar:ner
West Valley Schoo[
95 Dot Avenue
Sari Jose, Ca 95008
Poe: Playgro,und Installation
Mm Baumgmtner:
Leonard*s Cormtn~ction surveyed the area in which the play structure was to be hlstalled,
when installing the new play stru~ure Leor *~rd% Construction has to accoun~ for access
onto the new' structure, the new play structure has a handicap access point which allow
for access onto the new play structure (egpeciaLly design for the handicap) Leonard's
Construction lastalled the new per designed play structure ~'ith fids in mind, allowing
for all access requirements.
Should you lmve any' questions please do not l,.¢skate to call.
ckvest COa[[e
ev¢ tfl-da ACtw ttst cfloo[
95 ~ot ~venue, CampSe[[, C~ 95008
(408) 3?8-4327 (408) 378-4371 fax
January 11,2001
City of Campbell
Planning Commission
70 North First Street
Campbell, CA 95008
Subject: Modification of Use Permit
for Playground Equipment
Dear Mr. Bradley,
RECEIVED
FEB 0 1 2001
CiTY OF CAUPBELL
PLANNING DEPT.
After your visit on January 4, I took your suggestions on relocating the playground
equipment on the field to the School Board on January 11. I also talked to the
Gametime representative who designed the structure, and to the contractor who
installed the unit. ( See attached their response) The following are the reasons why
the playground equipment can't be moved onto the field:
1. To move it to the North side of the field would place it in harms way with the
traffic coming in and out of the facility.
2. It would disrupt the dimensions of the field to play soccer and baseball.
3. The older and bigger students could hit the baseball into the playground
equipment when children are playing there.
4. It would also be next to private dwellings located on the North side next to the
structure.
5. To move it between the trees on the West side would interfere with thc
dimensions needed to play soccer, football, and baseball. Our field dimensions
are 175 ft by 150 ft., which is quite small compared to a regulation size field for
these games.
6. Students would have an easier time hitting the ball into the play area where
small children are playing.
7. Three trees would have to be removed, and there are extensive roots to deal with
underground. The playground dimensions are 75 ft by 39 ft.
8. The area is not level, it slants downward towards the East for water drainage.
9. Our limited field area has a sprinkler system installed which would have to be
altered.
10. Finally, the sports field can't have anything on it because some year the
constituency might have to build on it.
As you can see, placing the playground on the field is not an option we want to
pursue. The only option is to leave it where it has been for more than fifty years.
We are willing to move the slide, which is the high impact piece that our neighbor
was complaining about originally, and is directly in front of the fence. This is thc
best we can do. The cost to change things around would be around ten thousand or
more.
It is our hope that the original proposal will be accepted, and we can continue to
function as we have done for more than fifty years.
Sincerely.
Jim Baumgatner
Principal, West Valley
CITY OF CAMPBELL
Community Development Department - Current Planning
January 10, 2001
Mr. Rob Pirainen
569 W. Rincon Ave.
Campbell, CA 95008
Ms. Susan Hubbard
571 W. Rincon Ave.
Campbell, CA 95008
Subject:
PL~V2000-159 -- 531 W. Rincon Ave.
Modification of Use Permit for Playground Equipment
Dear Ms. Hubbard and Mr. Piirainen,
As I mentioned in my phone messages to you both earlier today, Planning Staff has met with Mr.
Baumgartner to discuss the relocation of the playground equipment of the Seventh Day Adventist
School, per the direction of the City Council. We have asked him to look at two or three
alternatives to the current equipment installation and to list the specific pros and cons of the
various options. Once we have his considerations, we can take a look at the selections and, with
your input, can recommend a viable alternative.
I expect to have a response from Mr. Baumgartner sometime next week, and I will keep you
informed of the progress on this issue. If you have any questions, please feel free to call me at
(408) 866-2142.
Sincerely,
Kfisti Bascom
Planner I
CC:
Mr. Jim Baumgartner, West Valley SDA School, 95 Dot Ave., Campbell, CA 95008
Geoff Bradley, Senior Planner
70 North First Street · Campbell, California 95008-1436 · TEl. 408.866.2140 · F:XX 408.866.8381 · TDD 408.866.2790
January 8, 2001
TO; Jim Baumgarten - FAX (408) 378-4371
FROM: Alex Tsitovich
Subject Order #9762 (Layout Attached)
Per your request, I will be pleased to meet with you this
Friday, January 12th, at I0:00 AM to discuss modifications
to The play structure.
The unit you ordered was selected by you from the 2000 GameTime
Catalog. The design of the structure was designed to provide a
flow of use of accessories. It was suggested to be installed
in the present location b@causei
1)
2)
This was the play area you wanted this structure to be
located in ('which was the most logical location, since
it was already a play area with play equipment, and to
my knowledge no reported incidenus from your neighbors).
This was the most logical approach and path of accessibility
per American Disabilitie_~ Ac¥, for nhe disabled, to the
required #10829 Transfer Platform.
Very truly,
Alex Tsitovich
AT: nh
At tachmen t
ELXCLL,'$:VE GAMETIF.4E REPRESENTATIVE
MEMORANDUM
To:
From:
Date:
Subject:
Kristi Bascom
Planner I, Community Development Department
J~emsley
D~/~aty City Clerk
January 3, 2001
Appeal of PC decision approving Use Permit (PLN 2000-159) to allow
the installation of new playground equipment - 53 ! W. Rincon Ave.
At the regular meeting of January 2, 2001, the City Council held a public hearing to
consider two Appeals of Planning Commission decision approving a Use Permit (PLN
2000-159) to allow the installation of new playground equipment at property located at
531 W. Rincon Avenue.
After hearing public testimony and due discussion and consideration, the City Council
referred the matter to staff to meet with the applicant, West Valley Seventh Day
Adventist School, and appellants, Robert Piirainen and Susan J. Hubbard, to review
possible alternate locations of the play equipment and discussion of revising
recess/lunch schedules to minimize noise impact to neighbors.
A copy of the letters written to applicant and appellants, in follow up to the City
Council's action, is attached.
.o¥ · c~t~
CITY OF CAMPBELL
City Clerk's Office
January 3, 2001
Mr. Jim Baumgartner
West Valley Seventh Day Adventist School
95 Dot Avenue
Campbell, CA 95008
Dear Mr. Baumgartner:
At the regular meeting of January 2, 2001, the City Council held a public hearing to consider
two appeals of Planning Commission decision approving Modification (PLN 2000-159) to a
previously approved Conditional Use Permit to allow the installation of new playground
equipment in conjunction with a school on property located at 531 W. Rincon Avenue in a PF
(Public Facilities) Zoning District.
After hearing public testimony and following due discussion and consideration, the City
Council referred this matter to staff with direction to meet with both applicant and appellants to
review a possible alternate location of play equipment and discussion of revision to the
recess/lunch schedule to minimize the noise impact to neighbors. The staff of the Community
Development Department will therefore be contacting you within the course of the next few
days.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Kristi Bascom, Planner I, Community Development
Department.
Sincerely,
"~Anne Bybee
City Clerk
cc. Kristi Bascom, Planner I
70 North First Street - Campbell, California 95OO8.1423 · TEL 408.866.2117 · FaX 408.374.6889 - TDD 408.866.2790
.0~: 'c4&,o
CITY OF CAMPBELL
City Clerk's Office
January 3, 2001
Mr. Robert Piirainen
569 W. Rincon Avenue
Campbell, CA 95008
Dear Mr. Piirainen:
At the regular meeting of January 2, 2001, the City Council held a public hearing to consider
two appeals of Planning Commission decision approving Modification (PLN 2000-159) to a
previously approved Conditional Use Permit to allow the installation of new playground
equipment in conjunction with a school on property located at 531 W. Rincon Avenue in a PF
(Public Facilities) Zoning District.
After hearing public testimony and following due discussion and consideration, the City
Council referred this matter to staff with direction to meet with both appellants and applicant to
review a possible alternate location of play equipment and discussion of revision to the
recess/lunch schedule to minimize the noise impact to neighbors. The staff of the Community
Development Department will therefore be contacting you within the course of the next few
days.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Kristi Bascom, Planner I, Community Development
Department.
Sincerely,
Anne Bybee
City Clerk
cc. Kristi Bascom, Planner I
70 North First Street · Campbell, California 95008. 1423 . TEL 408.866.2117 - FAX 408.374.6889 · TDD 408.866.2790
CITY oF CAMPBELL
City Clerk's Office
January 3, 2001
Ms. Susan J. Hubbard
571 W. Rincon Avenue
Campbell, CA 95008
Dear Ms. Hubbard:
At the regular meeting of January 2, 2001, the City Council held a public hearing to consider
two appeals of Planning Commission decision approving Modification (PLN 2000-159) to a
previously approved Conditional Use Permit to allow the installation of new playground
equipment in conjunction with a school on property located at 531 W. Rincon Avenue in a PF
(Public Facilities) Zoning District.
After hearing public testimony and following due discussion and consideration, the City
Council referred this matter to staff with direction to meet with both appellants and applicant to
review a possible alternate location of play equipment and discussion of revision to the
recess/lunch schedule to minimize the noise impact to neighbors. The staff of the Community
Development Department will therefore be contacting you within the course of the next few
days.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Kristi Bascom, Planner I, Community Development
Department.
Anne Bybee
City Clerk
cc. Kristi Bascom, Planner I
70 North First Street . Campbell, California 95OO8.1423 · TEL 408.866.2117 . V^X 408.374.6889 · 'l*)I) 408.~667790
ORAL REQUESTS
There were no Oral Requests.
PLq3LIC HEARINGS AND INTRODUCTION OF ORDINANCES
8. Directing the Community Development Director to Proceed with Abatement of
Hazardous Vegetation (Weed Abatement) (Resolution/Roll Call Vote)
This is the time and place for a public hearing to hear objections, if any, from property
owners regarding the proposed removal of hazardous vegetation.
Senior Planner Bradley - Staff Report dated January 2, 2001.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Dean closed the public hearing.
3I/S: Burr/Kennedy - that the City Council adopt Resolution 9784 directing the
Community Development Director to proceed with the abatement of hazardous
vegetation. Motion adopted by the following roll call vote:
AYES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers: None
9. Appeals of Planning Commission decision Approving Modification (PLN2000-1$9)
to a previously-approved Conditional Use Permit to allow the installation of new
playground equipment in conjunction with a school on property located at 331 W.
Rincon Avenue in a PF (Public Facilities) Zoning District (Resolution/Roll Call
Vote)
This is the time and place for a public hearing to consider Appeals of Planning
Commission decision Approving Modification (PLN2000-159) to a previously-
approved Conditional Use Permit to allow the installation of new playground equipment
in conjunction with a school on property located at 531 W. Rincon Avenue in a PF
(Public Facilities) Zoning District.
Planner I Bascom - Staff Report dated January 2, 2001.
Ma):or Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
Mfinutes of 1/2/2001 CiD' Council Meeting 3
Susan Hubbard, 571 W. Rincon Avenue, Campbell, appeared before the City Council
to appeal the decision of the Planning Commission approving the Modification. Ms.
Hubbard stated that there has been a significant increase in noise due to the location of
the play equipment adjacent to her property, and requested that the equipment be moved
to a different location.
Robert Piirainen, 569 W. Rincon Avenue, Campbell, appeared before the City Council
to appeal the decision of the Planning Commission approving the Modification. Mr.
Piirainen expressed complaints regarding the location of the play equipment adjacent to
his property and the increased noise.
Jim Baumgartner, 915 Apricot Avenue, Campbell, appeared before the City Council on
behalf of the Seventh Day Adventist School and stated that the school was required to
replace the equipment for safety reasons, and the school was not aware that City
approval was required prior to replacing the equipment.
Pastor Gary Jensen, Seventh Day Adventist Church, 1183 Steinway Avenue, Campbell,
appeared before the City Council and stated that there were no prior complaints about
noise until the new play structure was installed. Pastor Jensen stated that the school has
complied with the Planning Commission conditions that were imposed to mitigate the
noise.
There being no one else wishing to speak, Mayor Dean closed the public hearing.
Council discussion followed regarding the location of the play structure and the
possibility of relocating the structure to another location on the site. It was also
suggested that the daily recess and lunch schedule be reviewed and possibly
consolidated to a shorter period of time to minimize the noise impact.
M/S: Furtado/Burr - that this matter be referred to staff to work with the school
and neighbors to discuss the issues raised by the City Council. Motion adopted
unanimously.
10.
Appeal of Mr. John Kirkorian of Conditions of Approval re: Modification to a
Previously-approved Site and Architectural Approval to allow the construction of a
new 14,490 square foot commercial building at the Kirkwood Plaza Shopping
Center on property located at 1550-1600 W. Campbell Avenue (Resolution/Roll
Call Vote)
This is the time and place for a public hearing to consider an Appeal of Mr. John
Kirkorian of Conditions of Approval re: Modification to a Previously-approved Site and
Architectural Approval to allow the construction of a new 14,490 square foot
commercial building at the Kirkwood Plaza Shopping Center on property located at
1550-1600 W. Campbell Avenue.
Associate Planner Haley - Staff Report dated January 2, 2001.
4
Minutes of 1/2/2001 City Council Meeting
Council
Report
ITEM NO:
CATEGORY:
MEETING DATE:
Public Heating
January 2, 2001
TITLE
Appeal of a Planning Commission decision approving Use Permit (PLN2000-159) to allow the
installation of new playground equipment - 531 W. Rincon Avenue.
CITY COUNCIL ACTION:
The City Council may take one of the following actions:
1. Adopt a Resolution upholding the Planning Commission approval of PLN2000-159 and
denying the appeals; or
2. Adopt a Resolution upholding the appeals and overturning the Planning Commission
approval of PLN2000-159; or
3. Continue the item for additional information or refer the matter back to the Planning
Commission.
BACKGROUND
Planning Commission Meetings:
On November 28, 2000, the Planning Commission heard a request for a Modification to Use
Permit UP 63-5 by the applicant, West Valley Seventh Day Adventist School. The application
was to allow the installation of new playground equipment to replace the existing equipment and
to allow the development of a baseball / soccer field on the existing playfield. (See Exhibits A
and B) After hearing statements fi.om both proponents and opponents of the project, the
Planning Commission adopted Resolution No. 3317 granting approval of the Use Permit
(PLN2000-159) by a 5-1-0 vote. This approval allows the installation of the new equipment and
development of the playfield, based upon the conditions of approval, as stated below:
1. SITE CONFIGURATION
A. Within 15 days of final project approval, the applicant shall submit a revised playground
layout plan for the review and approval of the Community Development Director.
B. At a minimum, the plan shall indicate the re-configuration of the equipment so that the
large blue slide and accompanying landing is moved to the north and faces away from
the townhouses and towards the ball field and school. The plan shall include the
relocation of fencing necessary to accommodate this location. (See Exhibit C)
C. Upon approval of the revised layout plan by the Community Development Director, the
playground equipment shall be reconfigured within 30 days.
2. USE AND OPERA TION
A. No bleachers shall be installed for the baseball/soccerfield.
B. No audio amplification of any kind shall be allowed in conjunction with the use of the
baseball / soccer field.
C. Hours of use of both the playground and the ball field shall be limited to school hours
only. Use on weeknights after 5:00 p.m. and on weekends is prohibited except for
special school and church functions.
D. The lunch schedule for students shall be spread between the hours of 11: 00-1:O0 p.m. so
that no more than 30 students are out in ihe lunch~play area at the same time.
City Council Report -January 2, 2001
Appeals of PLN2000-159 - 531 W. Rincon Avenue
Page 2
Appeals:
The City has received two (2) appeals of PLN2000-159. On December 4, 2000, the City
received an appeal fi.om Robert Piirainen, who lives in the townhouse unit directly to the south of
the playground area. The appeal is a request to overturn the Planning Commission approval of
the Use Permit and oppose the location of the new equipment which has noise impacts on his
property.
A second appeal was received by the City on December 5, 2000 by Susan Hubbard, also a
resident of Rincon Avenue. Ms. Hubbard lives adjacent to the playground equipment and is also
concerned about the noise impacts that the new equipment has on her property.
Copies of both of these appeal letters are included as attachments in this report.
ALTERNATIVES
1. Adopt a Resolution upholding the Planning Commission approval of PLN2000-159 and
denying the appeals. Upholding the decision of the Planning Commission would allow the
installation of the equipment as shown in Exhibit C and require the applicant to meet the
conditions of approval.
Adopt a Resolution upholding the appeals and overturning the Planning Commission
approval of PLN2000-159. Since the letters of appeal do not ask for a specific resolution, the
City Council may condition the approval of the new equipment in an alternate location and
may specify timelines for compliance.
Continue the item for additional information or refer the matter back to the Planning
Commission. Referring the matter back to the Planning Commission with direction would
require the Commission to revisit the issue and forward a different resolution than the one
already presented to the Council.
FISCAL IMPACTS
None
Attachments:
1. Draft City Council Resolution upholding the Planning Commission approval of PLN2000-
159 and denying the appeals.
2. Draft City Council Resolution upholding the appeals and overturning the Planning
Commission approval of PLN2000-159.
3. Letter of Appeal submitted by Robert Piirainen on December 4, 2000.
4. Letter of Appeal submitted by Susan Hubbard on December 5, 2000.
5. Planning Commission Resolution 3317.
6. Planning Commission Meeting Minutes of November 28, 2000.
7. Staff Report for Planning Commission Meeting of November 28, 2000.
8. Exhibit A: Conceptual Site Plan of Previous Playground Equipment
City Council Report -January 2, 2001
Appeals of PLN2000-159 - 531 W. Rincon Avenue
Page 3
9. Exhibit B: Conceptual Site Plan of New Playground Equipment
10. Exhibit C: Conceptual Site Plan of New Playground Equipment with revised slide location
11. Location Map
Prepared by:
Reviewed by:
Kristi Bascom, Planner I
Sharon Fierro, Community Development Director
Approved by:
Bernard M. Strojny, City Manager
,'~.~ ,/?2 · Attachment #4
December 3, 2000
RE: November 28, 2000 City of Campbell Planning Commission Public Hearing,
Agenda Ttem #4, Conditional Use Permit PLN2000-159
City of Campbell - City Clerk
70 North First Street
Campbell, CA 95008
Dear Campbell City Clerk,
RECEIVED
CLE IK'S. OFFICE
I am writing to appeal the City of Campbell's Planning Commission's decision
regarding the Seventh Day Adventist School's Conditional Use Permit PLN2000-
159. My reason for appealing this decision is two-fold: 1) I do not believe the
issue of noise was resolved. 2) ! believe the primary reason the Commissioners
did not require the SDA School to move the equipment is because of the financial
impact it would have on them.
The Commission attempted to resolve the noise issue by asking the school to
limit the number of children who could play outside at any one time. T do not
believe this will resolve the noise issue. In addition, I would like to make the
following points:
I have peacefully lived next to this school for over 11 years and the noise has
never been an issue until the new equipment was installed in August 2000.
I have had very good rapport with the previous school administrators and
staff over the past 11 years. Occasionally, ! have had to remove the boards
in my fence to pull out the ivy that grows in between my fence and the
school's fence. One of the lady administrators had some of the older children
help my parents and I pull out the ivy and in turn, we helped them to pull
weeds on the school ground by the lunch area over several days. One day,
one of the students broke my upstairs bedroom window while I was at work.
When T got home, there was a business card on my porch from the principal,
Perry Rogers, explaining the situation and offering to pay for it to be
repaired. I did not ask for compensation for the time I had to take off work
to have my window replaced, and the school promptly paid the cost of the
window repair. These are examples of how we each have acted as good
neighbors in the past.
The school states that their enrollment has been higher in previous years, yet
the noise has never been an issue for me. It is the placement of the
playground equipment causing the problem, not the number of children.
4. I do not think it is possible for the school to limit the number of students on
SUSAN J. HUBBARD
571 W. RINCON AVE.
CAMPBELL, CA 95008
RECEIVED
DEC. 2008
CiTY OF CAMPBELL
PLANNII~3 D£PI'_,
- 2 - December 3, 2000
the equipment at any one time. For example, when the children are dropped
off in the morning until school starts, most of them play outside. The same is
true from the time school lets out, until they are picked up in the evening.
How would the school be able to limit how many of them play outside during
these times and how would the city enforce this restriction?
! believe that the majority of the Commissioners agreed that if the SDA School
had come before them to obtain approval for placing the equipment in its current
location, approval would have been denied. The primary reason they are not
being required to move the entire structure to a location not adjacent to
residential areas is that it would be too expensive. ! would like to make the
following points regarding this financially based decision:
There is a significant financial impact to me because this will adversely affect
the price at which ! can sell my home. ! would have to have someone
appraise my home to get an idea of the dollar amount of that impact, but the
noise level will certainly have to be disclosed to any potential buyer.
A church normally has members who volunteer to do work. Could a group of
church members or parents of the students at the school do any portion of
the work required to move the equipment?
The contractor the school hiring to install the equipment seems to be well
known and respected in the City of Campbell. Perhaps he would be open to
moving the equipment at cost or at a discounted rate.
! believe the SDA School said the original cost for installing the playground
equipment was $5,000 and the cost to move it would be $10,000. Why
would it cost more to move the equipment than it cost to buy and install it? !
would suggest that the City require the school to get at least three bids on
having the equipment moved.
! would like to extend an invitation to any Campbell City Commissioner to
telephone me and set up a time during the week to come to my home to see
and hear the impact this equipment has on me. Please keep me apprised of any
further decisions or hearings on this matter. Thank you for considering my
appeal.
Sincerely,
Susan 3. Hubbard
Home phone: (408) 866-2351 Work phone: (408) 492-2034
REC-IVE. D
DEC 0 2000
CITY. CLF..R.K'S. OFFICE"
Attachment
Robert Piirainen
569 W. Rincon Ave.
Campbell, CA.
95008
December 2, 2000
#3
City of Campbell
City Clerk
70 North First Street
Campbell, CA.
95008
Reference: Conditional Use Permit PLN2000-159.
November 28, 2000 City Planning Commission Public Hearing.
R. Piirainen November 25, 2000 Letter to City Planning Commission.
I protest and appeal the Planning Commission action in the referenced Public Heating. I
believe this action was based on an incomplete staff report that was not consistent with
previous written assessments that considered noise. I believe this action was not based on
a fair and impartial application of code and precedem, I believe this was evident in the
Planning Commissions deliberations; this action was not consistem with a preceding
action in this Public Hearing nor do I believe it is consistent with previous hearing
actions.
1 am concerned that my rights as a United States citizen and homeowner have been
violated; my goal is to regain the intended quite use of my home that is being denied me.
I request a copy of the minutes and the audio videotape of these entire proceedings be
provided me.
Sincerqly,
Rob~ff Piirainen
RECEIVED
~I.~NlVlNG D£p;.
CITY oF CAMPBELL
Community Development Department
December 4, 2000
Jim Baumgartner
West Valley SDA School
95 Dot Avenue
Campbell, CA 95008
Re: PLN2000-159 - 531 W. Rincon Avenue - Playground Equipment
Dear Applicant:
Please be advised that at its meeting of November 28, 2000, the Planning Commission
adopted Resolution No. 3317 approving a Modification (PLN2000-159) to a previously-
approved Conditional Use Permit to allow the installation of new playground equipment
in conjunction with a school on the above-referenced property.
This approval is effective in ten days, unless appealed in writing 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) 866-2144.
Sincerely,
Kr/sti Bascom
Planner I
cc: Central CA Conf. Assn. Of SDA's (Property Owners)
2820 Willow Avenue
P.O. Box 770
Clovis, CA 93613
70 North First Street . Campbell, California 95008. 1423 · TEL 408.866.2140 · FAX 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3317
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
MODIFICATION (PLN2000-159) TO A PREVIOUSLY-
APPROVED CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF NEW PLAYGROUND EQUIPMENT IN
CONJUNCTION WITH A SCHOOL ON PROPERTY
LOCATED AT 531 W. RINCON AVENUE IN A PF (PUBLIC
FACILITIES) ZONING DISTRICT. APPLICATION OF MR.
JIM BAUMGARTNER, ON BEHALF OF WEST VALLEY
SEVENTH DAY ADVENTIST SCHOOL. FILE NO. PLN2000-
159.
Attachment #5
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 PLN2000-159:
1. The installation and use of playground equipment and creation of a baseball / soccer field is
consistent with the existing church and school uses on the property.
2. The playground area has successfully existed in this location for decades and the location of
the playground equipment on the school site was approved as part of the original use permit
for the school in 1963.
3. The location of the baseball / soccer field was noted on the original site plan and approved as
a playfield as part of the original use permit for the school in 1963.
4. The playground equipment, as currently situated, unnecessarily impacts the adjacent
townhouse development and the City supports reconfiguring part of the equipment in order to
minimize this impact.
5. Relocating the highest and most intrusive part of the equipment so that visual impacts are
minimized will aid in addressing neighbors' privacy concerns.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The installation of new playground equipment and the creation of a ball field at this site 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, as long as the equipment is situated to minimize impacts on adjacent residential
properties.
Planning Commission Resol,,tion No. 3317
PLN2000-159 - 531 W. Ri,. n Avenue - Modification of Use Pern._. (School Playground)
Page 2
The proposed site is adequate in size and shape to accommodate the equipment in order to
integrate said uses with uses in the surrounding area.
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 uses are 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Site Configuration:
A. Within 15 days of final project approval, the applicant shall submit a revised playground
layout plan for the review and approval of the Community Development Director.
B. At a minimum, the plan shall indicate the re-configuration of the equipment so that the
large blue slide and accompanying landing is moved to the north and faces away from the
townhouses and towards the ball field and school. The plan shall include the relocation
of fencing necessary to accommodate this location.
C. Upon approval of the revised layout plan by the Community Development Director, the
playground equipment shall be reconfigured within 30 days.
2. Use and Operation:
A. No bleachers shall be installed for the baseball / soccer field.
B. No audio amplification of any kind shall be allowed in conjunction with the use of the
baseball / soccer field.
C. Hours of use of both the playground and the ball field shall be limited to school hours
only. Use on weeknights after 5:00 p.m. and on weekends is prohibited except for special
school and church functions.
D. The lunch schedule for students shall be spread between the hours of 11 a.m. and 1 p.m.
so that no more than 30 students are out in the lunch/play area at any given time.
Conditions of Approval: Failure to abide by the terms of these conditions shall nullify the
approval.
Planning Commission Reso' 'on No. 3317
PLN2000-159 - 531 W. Rincon Avenue - Modification of Use Permit (School Playground)
Page 3
PASSED AND ADOPTED this 28~h day of November, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hemandez, Lindstrom
Jones
Lowe
None
./.-'~al~h Gibbons, Chair
Sharon Fierro, Secretary
Planning Commission i~,~nutes of November 28, 2000
Attachment #6
Page 16
Commissioner Hernandez stated that he was not convinced that the findings could be
made to approve this application. Added that it is important that the neighbors know the
process to lodge noise complaints.
Chairperson Gibbons stressed that procedures would be provided to property owners
within 300 feet of this site.
Commissioner Francois said that everything is outlined within the Conditions of
Approval. Added that the applicant has the right to make a living too.
Motion:
Upon motion of Commissioner Lindstrom, seconded by
Commissioner Francois, the Planning Commission adopted
Resolution No. 3316 approving a Modification (PLN2000-152) to a
previously-approved Conditional Use Permit to extend the allowable
hours for on-site beer and wine sales to 12 a.m. on property located at
2097 S. Bascom Avenue, with:
1. The removal of any reference to live entertainment (stricken from
application at the request of applicant);
2. With adjustment to Finding No. 7: "Although no documented
complaints were received prior to the meeting, testimony received at
the meeting reports disturbing noises from patrons and trash
disposal as a result of late night hours. Therefore, the Planning
Commission did not justify extending on sale beer and wine service
to the requested 1:30 a.m. at this time but rather limiting the
extension of time to 12 a~m. ;" and
3. Added a Condition of Approval that this application be brought
back before the Planning Commission for review within 120 days,
by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Jones, Lindstrom
NOES: Hernandez
ABSENT: Lowe
ABSTAIN: None
Chairperson Gibbons read Agenda Item No. 4 into the record.
4. PLN2000-159
Baumgartner, J.
Public Hearing to consider the application of Mr. Jim
Baumgartner, on behalf of West Valley Seventh Day Adventist
School, for approval of a Modification (PLN2000-159) to a
previously-approved Conditional Use Permit to allow the
installation of new playground equipment in conjunction with
a school on property located at 531 W. Rincon Avenue in a
PF (Public Facilities) Zoning District. This project is
Categorically Exempt. Planning Commission decision final in
Planning Commission ~..mutes of November 28, 2000 Page 17
10 days, unless appealed in writing to the City Clerk.
Ms. Kristi Bascom, Planner I, presented the staff report as follows:
· Advised that a Use Permit establishing this school was approved in 1963.
The
approval was for a two-story building, playfield and playground.
· Said that this past summer, the school replaced existing playground equipment.
Adjacent residential property owners have raised concerns about the intensification of
the playground equipment close to their rear property line.
· Provided a review of the site plan and explained that there are 85 students enrolled
with playground hours up to 5 p.m. and occasional weekend use when the church has
special events.
· Advised that the new equipment is more intensively developed with the bulk closer to
the adjacent residences.
Commissioner Lindstrom asked what reconfiguration is being proposed.
Ms. Kristi Bascom advised that the location of the tall blue slide away from the town
homes to lessen the noise and privacy impacts per the neighbors. The applicant has come
back with a plan for approval.
Chairperson Gibbons opened the Public Hearing for Agenda Item No. 4.
Mr. Robert Piirainen, 569 W. Rincon Avenue, Campbell:
· Stated that this playground equipment was illegally installed and that the applicant is
belatedly applying for necessary permits.
· Reminded that this church itself subdivided its property to create the residential lots
in 1989.
· Outlined a number of key points regarding his objection to the new installation.
· Provided a history of communication with the City and the school on the subject of
the new installation.
· Complained that he never received responses to his concerns.
· Advised that the school has not been a good neighbor and that there are grounds to
challenge the 1963 Use Permit as well as this new application.
· Stated that the school has a total disregard for his noise concerns and that the
playground equipment has been installed unreasonably close to their homes and
represents a substantially larger footprint. Additionally, the number of students has
increased and will increase further next year.
· Declared that there is no mention of noise within the staff report.
Commissioner Francois asked Mr. Piirainen whether the blue slide is the main concern.
Mr. Piirainen replied that the entire setup is of concern as well as noise intrusions on his
property as a result.
Commissioner Francois asked Mr. Piirainen how long he has resided at this location.
Planning Commission Minutes of November 28, 2000 Page 18
Mr. Piirainen replied that he purchased his town home a year and a half ago.
Commissioner Francois asked Mr. Piirainen asked if he was seeking an alternative
location for the playground.
Mr. Piirainen replied that was his objective.
Commissioner Francois cautioned that part of living next to a school is the associated
noise.
Mr. Piirainen replied that the playground equipment was way off to the side until just
four months ago, when this new equipment was installed right on the property line. The
new installation represents significantly more equipment than before. He added concerns
about the school's recent changing of grading to create the playing field.
Ms. Susan Hubbard, 571 W. Rincon Avenue, Campbell:
· Advised that she is a longtime resident of Campbell who has lived in her current
home since 1989.
· Added that she is a member of the Homeowners' Association as is Mr. Piirainen.
· Admitted that she has never registered complaints against the school until the
placement of this new playground equipment occurred in August.
· Added that the installation occurred at a time when she was recovering from major
surgery, surgery she had deliberately scheduled during summer so she could avoid the
routine school noises during her recovery period. Said that she is dealing with a
major illness for which she needs to rest sometimes during the daytime.
· Advised that she also worked out of her home from 1996 to 1999.
· Stated that the school never attempted to discuss this installation with them.
Played an audiotape of the children at the school while using the playground.
· Said that privacy is a secondary issue.
· Expressed concern that children are not supervised while using the play equipment.
· Advised that the City sent two letters to the school. The second letter threatened
action by the City Attorney if efforts were not taken by the school to legalize the
playground expansion.
· Advised that noise and visual impacts need to be addressed.
· Added that there are no adjacent residences on the other three sides of the school
property.
Pastor Gary Jensen, 1183 Steinway Avenue, Campbell:
· Advised that he is a longtime resident of Campbell.
· Declared that the neighbors are unreasonable and inaccurate and that the school is not
trying to deny due process to anyone nor are they seeking to make these residents
move from their home as charged.
· Advised that people cannot see into the upper floor of the residences from the play
equipment.
Planning Commission' ~utes of November 28, 2000 Page 19
· Said that the neighbor is asking them to move the entire play structure and not just the
slide.
· Advised that while there used to be 120 students, the school now has 85 students.
Lunch and recesses are staggered so that there is a maximum of 40 outside at any
given time.
· Informed that the increased elevation of the field represents but four inches installed
in order to solve an existing drainage problem.
· Said that efforts have been made to satisfy the neighbor's concern to no avail.
· Added that it is possible to change the placement of the slide per the company that
installed it.
Commissioner Francois asked how long children play at any given time.
Pastor Gary Jensen replied 15 to 30 minutes.
James Baumgartner, Principal, West Valley Seventh Day Adventist School:
· Advised that their old playground was evaluated and written up because of safety
concerns.
· They received a flyer from Game Time at about the same time offering 50 percent
discounts on play structures.
· Said that he hired the same installer used by the City to place equipment within
Campbell Park recently.
· Added that it never entered his mind that this equipment would be intrusive on the
school's neighbors.
· Said that they had a Use Permit allowing the play equipment and thought they could
upgrade.
· Said that he did respond to neighbors' letters and went to see the neighbors
personally. Added that the entire structure is not visible from their homes except for
the slide. Advised that he offered to install latticework to the fence.
· Advised that one class at a time uses the equipment for 15-minute periods. The only
time four grades (two sets) are outdoors at a time is during lunch in the picnic area.
· Said that prior to grading the playing field was like a bowl. It had to be leveled to
ensure drainage. Added that this was already a soccer/baseball field. Added that the
diamond will be positioned so that balls will be hit toward the church and not the
homes.
· Said that it was possible to relocate the slide and that he was sorry this situation had
to come to this point. However, the children's' safety had to be assured.
Commissioner Lindstrom said that the classrooms are close to the playground. Asked if
there was any problem moving the slide and adding latticework.
Mr. Jim Baumgartner replied that there was no problem.
Commissioner Hernandez asked why the play cluster was located next to the lunch area.
Planning Commission 7 ~utes of November 28, 2000 Page 20
Mr. Jim Baumgartner replied that the placement is to allow wheelchair access, which is
required per the installer.
Commissioner Hernandez asked what the cost might be to move the playground.
Mr. Jim Baumgartner replied that it would cost more than $10,000. It will already cost
$2,000 just to move the slide. Added that the number of kids has not changed but that
many more were drawn to the new equipment than normal. However, the newness has
worn off and the use is starting to even out more.
Commissioner Francois stated that noise issues are not a big thing. It's a school and
noise is part of it. Advised that he visited the site for about 45 minutes and found that
these kids are well behaved. Asked how many times a day the equipment is used.
Mr. Jim Baumgartner replied that each class is allowed two 15-minute recess sessions.
There are five classes. The morning playtime occurs between 9:30 and 10:30 a.m.
Lunch occurs between 11:30 a.m. and 12:30 p.m. Afternoon play occurs between 1:30
and 2:30.p.m The school day ends at 3:15 p.m. The playground is secured after 5 p.m.
Chairperson Gibbons asked how many students are allowed at the school.
Mr. Jim Baumgartner replied that with the number of teachers they have, they could
accommodate 120 students.
Commissioner Jones asked if the picnic area is new.
Mr. Jim Baumgartner replied that the picnic area has been in the same location for years.
Commissioner Hernandez clarified that the children are outdoors for a total of three hours
a day.
Mr. Al Hubbard, 23500 Cristo Rey Drive, Cupertino:
Said that he spends a lot of time at his daughter's home adjacent to this school.
· Said that the only place where play equipment is installed is directly adjacent to
residential uses.
· Added that the only solution is to move the play equipment away from the residences
as the school has six acres.
· Suggested that the equipment needs to be moved at least 40 feet not just 10.
Mr. Jim Baumgartner said that his preference would be to move it too. Added that he
cannot place the equipment in areas on the property where children would have to cross
traffic areas to reach it.
Commissioner Hernandez asked if the owners of the single-family residence have any
complaints.
Planning Commission' rotes of November 28, 2000 Page 21
Mr. Jim Baumgartner replied that those neighbors love what they are seeing. They
regularly look out for the property and report any suspicious activity on the property.
Chairperson Gibbons closed the Public Hearing for Agenda Item No. 4.
Commissioner Hernandez:
· Stated that this is an unfortunate situation.
· Agreed that if the school had known these problems would occur they would have
relocated the equipment but that they had put their trust in their contractor.
· Said that what used to be dispersed uses are now concentrated right behind these town
homes.
· Said that he can appreciate the costs to move the equipment.
· Added that he had no issue with the soccer field, as it seems consistent with past
years.
Commissioner Doorley:
· Stated that there was a playground on the property and the school made a good faith
attempt to improve that equipment for the benefit of their students.
· Advised that he climbed onto the slide.
· Added that with the move of that slide by 10 feet, he will support this application.
That will represent a realistic effort.
Commissioner Francois concurred. Added that similar issues were raised with the
Montessori School on Latimer. It is a fact that there is noise associated with schools.
Advised that he will support this application.
Commissioner Lindstrom advised that he lives next to a school. Moving the slide will be
a good solution. Added that the playground was there. Suggested a Condition of
Approval to add the latticework to help mitigate any visual impacts on the town homes.
Chairperson Gibbons:
· Agreed that this is a very unfortunate circumstance.
· Said that this situation has gotten way out of hand on both sides.
· Said that while she agrees that these town homeowners needed to recognize the
environmental in which they purchased (next to a school), having 40 to 50 kids is a
lot out at a time.
Commissioner Doorley said that the playground equipment is in the same area it was
previously.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner
Francois, the Commission voted to adopt a Resolution approving a
Modification (PLN2000-159) to a previously approved Conditional
Use Permit to allow the installation of new playground equipment at
531 W. Rincon Avenue, by the following roll call vote:
Planning Commission 1~ "rotes of November 28, 2000 Page 22
AYES:
NOES:
ABSENT:
ABSTAIN:
Doorley, Francois, Lindstrom
Gibbons, Hernandez, Jones
Lowe
None
The motion failed.
Chairperson Gibbons stated that a Condition of Approval should be added in an effort to
maximize the number of students in the play yard at any given time. Suggested that a
better solution would be to refer this back to the Planning Commission with a
continuance.
Commissioners Doorley and Lindstrom both stated that they did not support that
suggestion.
Commissioner Hernandez stated his concern that precedent not be established for "after
the fact" approvals.
Commissioner Lindstrom disagreed that this is a precedent setting action.
Commissioner Doorley stated that action is being taken to minimize the impact on the
neighbors.
Commissioner Jones suggested a 30-day continuance.
Chairperson Gibbons reopened the Public Hearing for Agenda Item No. 4.
Commissioner Francois asked Mr. Baumgartner what the lunch schedule is for the
school.
Mr. Jim Baumgartner replied that kindergartners eat at 11:30 a.m.; first and second
graders at 11:40 a.m.; third and fourth graders at 11:50 a.m.; fifth and sixth graders at
noon and seventh and eighth graders at 12:10.
Commissioner Doorley asked Mr. Baumgartner whether the school could expand the
lunch period range to 11 a.m. through 1 p.m. in order to reduce the number of students
outdoors at any given time.
Mr. Jim Baumgartner replied that he was willing to consider an expanded lunch schedule.
Added that he has gone back to the playground manufacturer. They are willing to
redesign the equipment but the installer is not willing to move the equipment for free.
Added that they have tapped their financial resources in obtaining and installing this
equipment and they are already in debt.
Planning Commission ~'~inutes of November 28, 2000 Page 23
Ms. Kristi Bascom offered clarification that building permits are not required for the
installation of the playground equipment. This application is only before the
Commission as a result of the concerns expressed by the neighbors.
Ms. Sharon Fierro added that as the Community Development Director, she has the
authority to make minor changes to a site plan. Added that she is cautious in her
approach to that and more often brings these changes to the Commission.
Commissioner Francois asked what Chairperson Gibbon's comfort level is as far as
number of students outdoors at any given time.
Chairperson Gibbons replied 25.
Commissioner Doorley suggested increasing that to 30 since there are 120 students.
Thirty would allow the school to break their students into four groups of 30.
Chairperson Gibbons said that she could support 30.
Chairperson Gibbons reopened the Public Hearing for Agenda Item No. 4.
Mr. Robert Piirainen stated:
· That an error has been made.
· Suggested that the contractor has some liability.
· Reminded that the church subdivided the property on which his town home is now
located. The church and school should honor the residential uses they helped bring to
this property.
· Asked where the concern is regarding the impact of this playground equipment on
their homes.
· Stated that the financial impact is more significant than $8,000 to $10,000.
· Said that under the current conditions, he cannot use his home in the way that it is
intended.
· Said that this represents a significant impact and change.
Chairperson Gibbons re-closed the Public Heating for Agenda Item No. 4.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner
Doorley, the Planning Commission adopted Resolution No. 3317
approving a Modification (PLN2000-159) to a previously-approved
Conditional Use Permit to allow the installation of new playground
equipment in conjunction with a school on property located at 531 W.
Rincon Avenue in a PF (Public Facilities) Zoning District, with the
added Condition of Approval that the lunch schedule be spread
between the hours of 11 a.m. and 1 p.m. so that no more than 30
students are out in the lunch/play area at any given time, by the
following roll call vote:
AYES: Doorley, Francois, Gibbons, Lindstrom, Hernandez
Planning Commission nutes of November 28, 2000 Page 24
NOES: Jones
ABSENT: Lowe
ABSTAIN: None
Chairperson Gibbons advised that this decision is final in 10 days, unless appealed in
writing to the City Clerk.
Chairperson Gibbons read Agenda Item No. 5 into the record.
5. PLN2000-151
Nelson, J.R.
Public Heating to consider the application of Mr. J.R. Nelson,
on behalf of David and Margo Dickson, for a Site and
Architectural Approval (PLN2000-151) to allow the
construction of a new two-story single-family residence on
property located at 1340 Abbott Avenue in an R-l-10 (Single
Family Residential) Zoning District. This project is
Categorically Exempt. Planning Commission decision final in
10 days, unless appealed in writing to the City Clerk.
Ms. Darcy Smith, Planner I, presented the staff report as follows:
Advised that this application is for a Site and Architectural Approval to allow the
construction of a new two-story residence on property located at 1340 Abbott
Avenue, south of Hacienda. Single-family residences surround this property. An
existing single-family residence on the property will be demolished to allow a 3,064
square foot living unit and 462 square foot attached garage.
· The General Plan designation is Low-Density Residential. The proposal represents a
3.7 unit per gross acre density, which exceeds the allowable. However, the lot was
created prior to the General Plan designation.
· The Zoning designation is R-l-10.
· The proposal meets setbacks, coverage, zoning requirements and the San Tomas Area
Neighborhood Plan requirements.
· Architectural features include a hip roof, wood and stucco, divided windows, shutters
and river rock masonry. The paint colors are light beige with ivory trim and teal
shutters. The roofing material is brown.
· There are five trees on the property and three are slated for removal. One is an Olive
tree and two are small Hollywood Junipers. None of them meet the size or species
protected under the Tree Ordinance. Six trees are required under the STANP for this
project. The applicant is proposing to plant 15 in order to provide screening.
· No curb and gutter street improvements are required or existing.
· SARC reviewed the project and, with the requirement that extended use of river rock
masonry veneer on the front faq:ade be wrapped around to the southwest comer of the
house, was supportive.
· Staff recommends adoption of a Resolution approving this application.
PLN2000-159
Baumgartner, J.
Attachment #7
STAFF REPORT -- PLANNING COMMISSION MEETING OF
November 28, 2000
Public Hearing to consider the application of Mr. Jim Baumgartner, on
behalf of West Valley Seventh Day Adventist School, for the approval
of a Conditional Use Permit (PLN2000-159) to allow the installation of
playground equipment and the creation of a baseball / soccer field on
property located at 531 W. Rincon Avenue in a P-F (Public Facilities)
Zoning District. This project is Categorically Exempt from CEQA.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a modification of a
previously approved Conditional Use Permit to allow the installation of new playground
equipment and the creation of a baseball / soccer field, subject to the attached Conditions
of Approval.
ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt under Section 15302, Class 2, of the California
Environmental Quality Act (CEQA). Class 2 consists of the replacement or reconstruction of
existing structures or facilities. The installation of new playground equipment is included in this
exemption.
PROJECT DATA
General Plan Designation:
Zoning District:
Net Lot Area:
Site Utilization:
Playground Hours:
School Enrollment:
Public/Semi-Public
P-F (Public Facilities)
4.78 acres / 208,171 square feet for church and school property
combined.
Church, school, parking, playfield, picnic area, and playground
with equipment.
Weekdays until 5:00 p.m. Use on the weekends restricted to
special church and school functions.
85 students
Staff Report - Planning Commission Meeting of November 28, 2000
531 PV. Rincon Ave - PLN 2000-159
.................................................
DISCUSSION
Zoning: The property is located in a P-F (Public Facilities) Zoning District. A private school
with play areas is a use allowed in this zoning district with the approval of a Use Permit.
General Plan: The property has a Public/Semi-Public General Plan designation. The church and
school uses are considered consistent with the designation due to the intensity and size of the
uses and the established land use pattern in the neighborhood.
Applicant's Proposal: The applicant is requesting approval of a Modification to their Use Permit
(UP 63-5) to allow the installation of new playground equipment and the development of a
baseball / soccer field at their school site, located on Dot Avenue north of Rincon Avenue and
south of Campbell Avenue. The school currently has playground equipment on site, and the
applicant has replaced that equipment with newer, safer, and more accessible equipment for the
school children. The new equipment is located in the same area as the original equipment, but
the configuration of the new equipment is different, more intensive, and is located closer to the
abutting residences than before.
The location of the baseball / soccer field will be in the location of the current playfield.
Proiect Background: The school and church have been operating at this location for more than
50 years. In 1963, construction of the two-story school building was approved (UP 63-5), along
with the accompanying site plan showing a playfield, picnic area, and playground area.
Immediately south of the school property lies a townhouse development, a single-family home,
and a second townhouse project on the comer of Dot and Rincon Avenues. The townhouse
project which abuts the school playground area was developed in 1989 on land that was
subdivided from the church property for development.
This year, the church decided to update their playground equipment to something safer and better
suited for the school children. In August new equipment was installed and shortly thereafter,
property owners in the townhouses immediately adjacent to the playground raised concerns about
the impacts of the new equipment on their privacy. The new playground equipment was sited in
the same location on the school property as the original equipment, but the placement of the
various pieces of equipment in the play area was different and resulted in greater noise and visual
impacts to their properties, according to the neighbors.
The applicant was informed of the need to apply for a Modification of the Use Permit after the
City received complaints from neighbors about the new equipment. The City sent a letter to the
applicant with the recommendation that an alternative location be investigated which would not
create noise and privacy impacts to adjacent properties. The letter stated that if the church
wanted to proceed with the current installation, they would need to file an application for a
modification of their Use Permit, given the more intensive use and siting concerns of the new
equipment.
Staff Report - Planning Commission Meeting of November 28, 2000
531 W. Rincon Ave - PLN 2000-159
Page 3
ANALYSIS
The previous playground equipment was situated in such a way that privacy impacts to the
abutting residential project were limited. The new equipment is taller, more intensive, and
situated on the site so that it is clustered closer to the residential project. The neighbors have
concerns that children using the equipment now have an unobstructed view into their homes and
yards, which was not the case previously.
The school principal stated that the reason the equipment was installed as it is was to conform
with product safety codes and be ADA compliant.
Staff supports the installation of the new equipment, but recommends that it be re-configured in
such a way as to place the highest and most intrusive structure further away from the
townhouses. Switching the location of the slide structure to the side of the playground near the
ball field would serve to move the highest part of the playground away from the residences,
minimizing the visual impacts to the abutting properties.
Attachments
1. Findings for approval of PLN2000-159
2. Conditions of Approval for PLN2000-159
3. Photos of playground equipment
4. Location Map
5. Site plan of school property
Prepared by:
Approved by:
Kristi Bascom, Planner I
Geoff I. I~r~adley, Senior elanne~/
FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-159
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
531 W. Rincon Ave
Mr. Jim Baumgartner, West Valley Seventh Day Adventist School
November 28, 2000
Findings for Approval to allow the installation of new playground equipment and the creation of
a baseball / soccer combination field:
The Planning Commission finds as follows with regard to File No. PLN 2000-159:
1. The installation and use of playground equipment and creation of a baseball / soccer field is
consistent with the existing church and school uses on the property.
2. The playground area has successfully existed in this location for decades and the location of
the playground equipment on the school site was approved as part of the original use permit
for the school in 1963.
3. The location of the baseball / soccer field was noted on the original site plan and approved as
a playfield as part of the original use permit for the school in 1963.
4. The playground equipment, as currently situated, unnecessarily impacts the adjacent
townhouse development and the City supports reconfiguring part of the equipment in order to
minimize this impact.
5. Relocating the highest and most intrusive part of the equipment so that visual impacts are
minimized will aid in addressing neighbors' privacy concerns.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The installation of new playground equipment and the creation of a ball field at this site 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, as long as the equipment is situated to minimize impacts on adjacent residential
properties.
2. The proposed site is adequate in size and shape to accommodate the equipment in order to
integrate said uses with uses in the surrounding area.
3. 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 uses are compatible with the uses in the area.
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2000-159
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
531 W. Rincon Ave
Mr. Jim Baumgartner, West Valley Seventh Day Adventist School
November 28, 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.
Community, Development Department Requirements
SITE CONFIGURATION:
1. Within 15 days of final project approval, the applicant shall submit a revised playground
layout plan for the review and approval of the Community Development Director.
2. At a minimum, the plan shall indicate the re-configuration of the equipment so that the
large blue slide and accompanying landing is moved to the north and faces away from the
townhouses and towards the ball field and school. The plan shall include the relocation
of fencing necessary to accommodate this location.
3. Upon approval of the revised layout plan by the Community Development Director, the
playground equipment shall be reconfigured within 30 days.
USE AND OPERATION:
o
No bleachers shall be installed for the baseball / soccer field.
No audio amplification of any kind shall be allowed in conjunction with the use of the
baseball / soccer field.
Hours of use of both the playground and the ball field shall be limited to school hours
only. Use on weeknights after 5:00 p.m. and on weekends is prohibited except for special
school and church functions.
Failure to abide by the terms of these conditions shall nullify the approval.
City of Campbell
Planning Commission
70 North First Street
Campbell, CA.
95008
Or}, O,e Ca ,
Robert Piirainen
569 W. Rincon Ave.
Campbell, CA.
95008
November 25, 2000
Reference: Conditional Use Permit PLN2000-159
I strongly object to the late inclusion of consideration of a baseball / soccer field with
Modification PLN2000-159 to allow the installation of new playground equipment. Per
City of Campbell Community Development Department November 17, 2000 NOTICE
OF PUBLIC HEARING, November 28, 2000 Modification (PLN2000-159) involved
only the installation of new playground equipment. I was not made aware of a baseball /
soccer field until receipt on November 24, 2000 of STAFF REPORT - PLANNING
COMMISSION MEETING OF November 28, 2000.
I strongly object to discussion of baseball / soccer fields in regards to Modification
PLN2000-159 at the Planning Commission Public Hearing November 28, 2000. The
baseball / soccer field is a new separate and distinct application which I was not given
proper notice.
Also I note that STAFF REPORT - PLANNING COMMISSION MEETING OF
November 28, 2000 is incomplete, its analysis and recommendation does not address
concerns of noise and is not consistent with previous staff`analysis and recommendations
that did address noise. I intend to address this and other facts at the November 28, 2000
Public Hearing regarding Modification PLN2000-159 to allow the installation of new
playground equipment that have been outlined in my package delivered to City Hall on
November 20, 2000.
Sincerely,
Robe?t Pikainen
City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
From:
Subject:
Site and Architectural Review Committee
Kristi Bascom, Planner I
Date:
PLN 2000-159 -- installation of new playground equipment
November 14, 2000
Proposal
The applicant is requesting approval of a modification to a previously approved Conditional Use Permit to allow
the installation of new playground equipment. A Use Pen-nit for the school was approved in 1963 (UP 63-5).
Zoning/General Plan
The project site is located in a P-F (Public Facilities) Zoning District. The General Plan designation is Public /
Semi-Public. The proposed project is permitted subject to approval of a modification to the previous Conditional
Use Permit and Site and Architectural approval.
Issues or concerns
The playground for the church and school has been in its current location for decades. This year, the church
decided to update their playground equipment to something safer and better suited for the school children. Over
the summer the new equipment was installed and shortly thereafter, property owners in the townhouses adjacent
to the church raised concerns about the impacts of the new equipment on their privacy. The new playground
equipment was sited m the same general location on the church property as the original equipment, but the
placement of the various pieces of equipment in the play area was different and resulted in greater noise and
visual impacts to the adjacent property owners.
The affected property owners sent a letter to the church asking them to relocate the new structures, but the church
declined and offered instead to install a "privacy lattice" and move the new slide. The neighbors then notified
the City of their concerns, and stall' fbllowed up with a recommendation to the church that an alternative location
be investigated which would not create noise and privacy impacts. The letter stated that Staff does not support
the current installation of the equipment, but if the church wanted to proceed with the current installation, they
would need to file an application for a Use Permit.
Stall' Recommendation
The Planning Staff is not supportive of the proposal as presented and would prefer to see the equipment situated
as to reduce the privacy impacts to the townhouses.
Architectural Advisor RccoInmendatiou
No comments.
Attachments
1. Photos of previous equipment and new equipment.
2. Site plan for new equipment layout.
CITY OF CAMPBELL
Community Development Department
November 17, 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, November 28, 2000, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Mr. Jim Baumgartner, on behalf of West Valley Seventh Day Adventist School,
for approval of a Modification (PLN2000-159) to a previously-approved Conditional Use Permit
to allow the installation of new playground equipment in conjunction with a school on property
located at 531 W. Rincon 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. PLN2000-159
Address: 531 W. Rincon Avenue
70 North First Street . Campbell, California 95008. 1423 - TEL 408.866.2140 · FAX 408.866.8381 · TDD 408.866.2790
.0¥ · caat~
CITY OF CAMPBELL
Community Development Department · Current Planning
November 6, 2000
Re: PLN 2000-159 - 531 W. Rincon Avenue - West Valley SDA School
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meetings:
Site and Architectural Review Committee Meeting
Date: Tuesday, November 14, 2000
Time: 7:00 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, November 28, 2000
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
Kristi Bascom
Planner I
CC:
Jim Baumgartner (Applicant)
West Valley SDA School
95 Dot Avenue
Campbell, CA 95008
Central CA Conf. Assn of SDA's
2820 Willow Avenue
P.O. Box 770
Clovis, CA 93613
70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 - VaX 408.866.8381 · ~rDD 408.866.2790
D Sm-o^Y
NTIST
CHURCH
October 12, 2000
CENTRAL CALIFORNIA
CONFERENCE ASSOCIATION
OF THE
SEVENTH-DAY ADVENTISTS
Corporate
Services
2820 Willow Ave
Clovis, CA 93612-4646
PO Box 770
Clovis CA 93613 0770
Telephone: (559) 291 7700 Ext. 229
Fax: (559) 291-9636
http://ccc adventist org
West Valley SDA Elementary School
Attn: Jim Baumgartner, Principal
95 Dot Avenue
Campbell, CA 95008
Dear Jim:
A search of the school's file revealed no preliminary title report. The Rincon Street parcel was
apparently donated to the church for a school site by a church member. Thus the church did not
go to the expense of a title report. So I talked with Tim Haley of the City of Campbell. What he
is in need of is a legal description of the parcel. The enclosed deeds will provide him with that.
I am enclosing copies of three deeds. The first is a 1950 deed from Fred & Pearl Jaques
indicating that the property being conveyed must be used for an Adventist grammar school or
else the property would revert to the Jaques. The second deed, a quit claim deed, by Pearl Jaques
nullifies the school requirement and reversion to the Jaques. The third deed is given by the
Mattiolis to the school and pertains to an easement touching part of the parcel for a sewer line.
I wish you well as you try to get a modification to your use permit.
Sincerely,
Don Roth
Assistant Treasurer
Enclosures
CITy OF CAMp,
Susan J. Hubbard
571 W. Rincon Ave.
Campbell, CA 95008
(408) 866-2351
Robert A. Piirainen
569 W. Rincon Ave.
Campbell, CA 95008
(408) 866-8119
September 25, 2000
West Valley Seventh-day Adventist School
95 Dot Avenue
Campbell, CA 95008
Reference:
West Valley Seventh - Day Adventist School 21, September Letter to Rob Piirainen
S. Hubbard, R. Piirainen August 22, 2000 Letter to Principal, W. Valley School
City of Campbell September 20, 2000 letter to Central California Conference Association Seventh Day
Adventist.
To: Mr. James R. Baumgartner, Principal
We have received your 21 September 2000 letter and feel that it contains errors and omissions. It is our
understanding that the school has violated Campbell Municipal Code 21.35.030 and that the City has
notified you of this. Per our August 22, 2000 letter we requested that the school move all the playground
equipment away from our property, this request remains intact. Merely repositioning the slide has not
been proven to address the visual intrusions and will not address the noise concerns. Since you installed
the playground equipment, without permit or consulting us, we have had several instances during the
evenings and on weekends with adults and children using the equipment where they are looking directly
into our homes and the noise levels are significantly beyond previous levels.
Therefore we believe it has been demonstrated that the school does not and apparently cannot
adequately control when this equipment is used, also your assertion that we are not at home when school
is in session is specious. We need to have our homes as a refuge to recover from illness, to work, and for
entertainment without visual or undue audible intrusions. Two specific examples are Susan Hubbard has
a severe medical condition; your actions could trigger life-threatening complications. Robert Piirainen
performs graduate work at home and telecommutes during school hours, your actions intrude upon and .-
diminish this.
The school should have and can do something about the visuat and noise intrusions by simply doing the
right thing by moving the playground equipment and complying ~vith Codes. We have been at a loss as to
why the school chose to build this playground equipment directly adjacent to residential properties when
you have other options. At best it is inconsiderate, but we fear by your actions and September 21,2000
letter there exists a pattern of a disregard for our privacy and property, which diminishes us, ignores City
Municipal Codes, and evades your full responsibilities as property owners and citizens of this community.
In conclusion, since our request of August 22, 2000 has apparently been misconstrued we feel we must
make it abundantly clear to you that your lack of consideration, disregard for Codes, and inaccuracies
have caused us distress and is beginning to cost us undue time.
Please comply with Codes and move the playground equipment. We have no intention of agreeing to
unproven and incomplete schemes to enable you to evade Codes and your full responsibilites as property
owners and citizens of this community.
Sincerely,
CC:
Mr. Tim J. Haley, City of Campbell, Community Development Department
Central California Association Seventh Day Adventist, Clovis, CA
Sharon Fierro, Community Development Director
Bill Bruckart, Building Official
October 11,2000
City of Campbell CDD
70 North First Street
Campbell, CA 95008
Subject: Playground Equipment
Dear Community Development Director,
Our particular school and its playground area has been on this site since 1948.
Recently, our school went through an evaluation of our facilities and grounds.
It was recommended that we eventually replace the unsafe playground equipment.
The past few years, several students have been seriously hurt falling off the play
equipment. Something had to be done fast. Luckily for us a company was offering
fifty percent off on their play equipment. The deadline was June 15,2000. They
did some measurements and designed the unit that would fit in our limited space.
I questioned why they positioned it that way, they said it had to be installed
according to code and for wheel chair access. Spacing, clearance, and
safety were their biggest concern.
Our student enrollment is increasing from year to year, and the old equipment
wasn't offering the student the necessary exercise needed for young, growing
bodies. They needed something to keep them active and happy. We installed a
playground unit that is colorful and safe. It meets all the specifications and
requirements of the state.
School begins at 8:30 A.M. and ends 3:15 P.M. We have after school care until
6:00 P.M. The students use the equipment at recess breaks during the day. Every
class has a certain times for recess. Only one or two groups of students use the
equipment at a time. No one is allowed on the equipment from 5:00 P.M. and on.
We went to extra efforts to install fencing and gates to secure the campus. Signs
were posted to keep trespassing to a minimum.
It doesn't create any additional traffic problems. The hours of operation are
actually the same, and we have the same amount of teachers that supervise their
students while they play on the equipment.
No one is permitted to use the equipment during the evening hours or on the
weekends. The gates are always closed and locked every evening by the last person
to leave. Once in a while, someone might jump the fence and ignore our signs, but
that doesn't happen too often. Periodically, once every nine weeks, wl will have a
school function on Sundays. During church services on Saturdays no one is allowed
to play on the equipment.
I hope this clarifies why we had to replace the old equipment and the extra effort we
went through to limit its use.
Sincerely,
James Baumgartner
Principal, West Valley School
cVVest
evcntfl-da, A dventist cfloo[
95 ~ot &venue, Campbe[[, C& 95008
(408) 578-4527 (408) 378-4571 fax
October 10, 2000
Robert A. Piirainen
569 W. Rincon Ave.
Campbell, CA 95008
Susan J. Hubbard
571 W. Rincon Ave.
Campbell, CA 95008
To: Our Neighbors,
We received your September 25 letter and I read it to our school board. They suggested that I
clarify a few misconceptions. We are going through the process to obtain a use permit,
which takes time. They suggested we first try getting your cooperation by putting up lattice
work and moving the slide. When I talked to you a few weeks ago, you gave me the impression
that this was a good possibility. I guess you changed your mind. We have done some calculating, and
moving the slide and putting up a lattice would take care of the privacy problem.
The school and the playground area has been here for more than filly years, and the prOPerty
you are now residing on once belong to the school. You chose to live by a school where there would be
noisy children playing. We have twenty five more students this year compared to
last year. Next year, we expect even more students. So I am sorry to say that the noise factor will
increase, not lessen.
If it is too stressful living by a school, I suggest you find a more suitable place to live. This year we have
gone to extra efforts and expense to secure our campus. We have installed new fencing and gates to keep
unwanted visitors out. Sometimes, not too often, someone might jump the fence. We can't control those
that ignore the no trespassing or private property signs. Once in a while, we will have a church or school
function that is held on a weekend. During the first month of school, we have a back to school night for
parents. We don't allow anyone playing on the equipment l~om 5:00 P.M. and on. We have also
instructed our church members that the playground is offlimits on the weekends, unless it is a special
church and school function.
The playground has been at its present location for the past fifty years, that's why the new equipment was
installed where you see it now. We don't have any other options. The space we have is very limited.
The manufacturer designed and installed it the that way because the space is quite
limited, and it had to have enough clearance l~om other structures to be within code for safety
purposes. They also informed me that they put it in that way so it would be wheelchair accessible.
So you see, we didn't have much choice in the matter.
We are going through the process of obtaining a use permit to keep the playground in its present
location. You'll have to be patient with us while the paper work is being processed. Right now,
Tim Haley is on vacation, which will delay the processing of our use permit. Our desire is to comply
with the code and continue to provide a place for the children to run, play, and make noise.
I hope this will clarify our position and help you to understand our limitations. We are willing to
move the slide and put up lattice to provide the privacy you require. If this is not satisfactory,
then we'll have to let the planning department decide.
Sincerely,
Jim Baumgartner
Principal, West Valley School
November 20, 2000
Robert A. Piimincn
569 W. Rincon Ave.
Campbell, Ca.
95008
City of Campbell
Community Development Department
Attn: Planning Commission,
c/o Sharon Fierro, Secretary
70 North First Street
Campbell, CA. 95008
Dear Ms. Fierro
Enclosed are seven copies of my package in opposition to File No.
PLN2000-159 for distribution to the Planning Commission Chair and members in
preparation to the November 28, 2000 Public Hearing on this matter which I was notified
of in your November 17, 2000 letter. I wish to address this matter in the Public Hearing
on November 28, 2000. I am submitting this in behalf of Susan Hubbard, 571 W. Rincon
Avenue, and myself.
R6b~rt A. Piirainen
cc. Susan Hubbard
Kristi Bascom, Planner
RECEIVED
NOV 2 0 2008
CiTY OF CAMPBELL
pLANNING DEPT.
Susan J. Hubbard
571 W. Rincon Ave.
Campbem CA 95008
September 21,2000-
Dear Neighbors,
Thank you for your patience. I have not ignored your request about the removal of the
towering blue slide that invades your privacy. I have talked to the company, and they
have agreed to move the blue slide so it will face the field. The removal ofthe blue slide
will occur sometime in October. I hope you are in agreement with this proposal. We
can't do much about the noise. We have more children this year, and even more next
year! It is my understanding that you both are away at your jobs, and by the time you get
home, school is over. We definitely will take care of the blue slide so your privacy will
not be intruded upon.~ Please sign below the statement if you are agreeable with our
proposal. Again, we appreciate your willingness to resolve this matter in an equitable
fashion:
Sincerely,
Principal, west Valley School
I am in agreement to have the blue slide moved to another location, facing the field,
and out of viewing range of my property. This will'resolve the matter of invasion of
my privacy. I release the school of any further obligations concerning the playground
equipment. _
(Signature) Susan J. Hubbard Date
Susan J. Hubbard
571 W. Rincon Ave.
Campbell, CA 95008
(408) 866-2351
Robert A. Piirainen
569 W. Rincon Ave.
Campbell, CA 95008
(408) 866-8119
September 25, 2000
West Valley Seventh-day Adventist School
95 Dot Avenue
Campbell, CA 95008
Reference:
West Valley Seventh - Day Adventist School 21, September Letter to Rob Piirainen
S. Hubbard, R. Piirainen August 22, 2000 Letter to Principal, W. Valley School
City of Campbell September 20, 2000 letter to Central California Conference Association Seventh Day
Adventist.
To: Mr. James R. Baumgartner, Principal
We have received your 21 September 2000 letter and feel that it contains errors and omissions. It is our
understanding that the school has violated Campbell Municipal Code 21.35.030 and that the City has
notified you of this. Per our August 22, 2000 letter we requested that the school move all the playground
equipment away from our property, this request remains intact. Merely repositioning the slide has not
been proven to address the visual intrusions and will not address the noise concerns. Since you installed
the playground equipment, without permit or consulting us, we have had several instances during the
evenings and on weekends with adults and children using the equipment where they are looking directly
into our homes and the noise levels are significantly beyond previous levels.
Therefore we believe it has been demonstrated that the school does not and apparently cannot
adequately control when this equipment is used, also your assertion that we are not at home when school
is in session is specious. We need to have our homes as a refuge to recover from illness, to work, and for
entertainment without visual or undue audible intrusions. Two specific examples are Susan Hubbard has
a severe medical condition; your actions could trigger life-threatening complications. Robert Piirainen
performs graduate work at home and telecommutes during school hours, your actions intrude upon and .-
diminish this.
The school should have and can do something about the visua[ .and noise intrusions by simply doing the
right thing by moving the playground equipment and complying {Nith Codes. We have been at a loss as to
why the school chose to build this playground equipment directly adjacent to residential properties when
you have other options. At best it is inconsiderate, but we fear by your actions and September 21, 2000
letter there exists a pattern of a disregard for our privacy and property, which diminishes us, ignores City
Municipal Codes, and evades your full responsibilities as property owners and citizens of this community.
In conclusion, since our request of August 22, 2000 has apparently been misconstrued we feel we must
make it abundantly clear to you that your lack of consideration, disregard for Codes, and inaccuracies
have caused us distress and is beginning to cost us undue time.
Please comply with Codes and move the playground equipment. We have no intention of agreeing to
unproven and incomplete schemes to enable you to evade Codes and your full responsibilites as property
owners and citizens of this community.
1
Sincerely,
Susan J. Hubbard
~~n
CC:
Mr. Tim J. Haley, City of Campbell, Community Development Department
Central California Association Seventh Day Adventist, Clovis, CA
Sharon Fierro, Community Development Director
Bill Bruckart, Building Official
2
C cst co [[c
%evcntfi-da A,dv¢ tttst choo[
95 ~ot ~venue, Campbell, C& 95008
(408) 578-4527 (408) 5~8-43T1 fax
October 10, 2000
Robert A. Piirainen
569 W. Rincon Ave.
Campbell, CA 95008
Susan J. Hubbard
571 W. Rincon Ave.
Campbell, CA 95008
To: Our Neighbors,
We received your September 25 letter and I read it to our school board. They suggested that I
clarify a few misconceptions. We are going through the process to obtain a use permit,
which takes time. They suggested we first try getting your cooperation by putting up lattice
work and moving the slide. When I talked to you a few weeks ago, you gave me the impression
that this was a good possibility. I guess you changed your mind. We have done some calculating, and
moving the slide and putting up a lattice would take care of the privacy problem.
The school and the playground area has been here for more than fifry years, and the property
you are now residing on once belong to the school. You chose to live by a school where there would be
noisy children playing. We have twenty five more students this year compared to
last year. Next year, we expect even more students. So I am sorry to say that the noise factor will
increase, not lessen.
If it is too stressful living by a school, I suggest you find a more suitable place to live. This year we have
gone to extra efforts and expense to secure our campus. We have installed new fencing and gates to keep
unwanted visitors out. Sometimes, not too often, someone might jump the fence. We can't control those
that ignore the no trespassing or private property signs. Once in a while, we will have a church or school
function that is held on a weekend. During the first month of school, we have a back to school night for
parents. We don't allow anyone playing on the equipment from 5:00 P.M. and on. We have also
instructed our church members that the playground is offlimits on the weekends, unless it is a special
church and school function.
The playground has been at its present location for the past fifty years, that's why the new equipment was
installed where you see it now. We don't have any other options. The space we have is very limited.
The manufacturer designed and installed it the that way because the space is quite
limited, and it had to have enough clearance from other structures to be within code for safety
purposes. They also informed me that they put it in that way so it would be wheelchair accessible.
So you see, we didn't have much choice in the matter.
We are going through the process of obtaining a use permit to keep the playground in its present
location. You'll have to be patient with us while the paper work is being processed. Right now,
Tim Haley is on vacation, which will delay the processing of our use permit. Our desire is to comply
with the code and continue to provide a place for the children to nm, play, and make noise.
I hope this will clarify our position and help you to understand our limitations. We are willing to
move the slide and put up lattice to provide the privacy you require. If this is not satisfactory,
then we'll have to let the planning department decide.
Jim Baumgartner
Principal, West Valley School