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Use Permit - Playground - 2005November 23, 2005 Jim Morelan Morelan Associates Inc. 1101 S. Winchester Boulevard, Suite G-173 San Jose, CA 95128 Re: PLf\i2005-137 -- 1075 W. Campbell Avenue -- Use Permit Dear Applicant: Please be advised that at its meeting of November 22, 2005, the Planning Commission adopted Resolution No. 3691 approving a Conditional Use Permit (PLN2005-137) to allow the expansion of an existing private school for a new playground on the adjacent undeveloped lot on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, December 2,2005. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ... '~/11tcudtd1#)e~ Melinda Denis Planner I cc: Campbell Christian School Attn: Shawn Stuart 1075 W. Campbell Avenue Campbell, CA 95008 Frank Mills, Building Chris Veargason, Fire Ed Arango, Public Works 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 RESOLUTION NO. 3691 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2005-137) TO ALLOW THE EXPANSION OF AN EXISTING PRIVATE SCHOOL FOR A NEW PLAYGROUND ON THE ADJACENT UNDEVELOPED LOT ON PROPERTY OWNED BY CAMPBELL CHURCH OF CHRIST LOCATED AT 1075 W. CAMPBELL AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. APPLICATION OF MR. JIM MORELAN, ON BEHALF OF CAMPBELL CHRISTIAN SCHOOL. 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 PLN2005-137: 1. The proposed project consists of the expansion of an existing private school for a new playground on the adjacent undeveloped lot. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of Low Density Residential. 3. The proposed private school expansion is consistent with the R-1-6 (Single-Family Residential) zoning designation for the site with approval of a Use Permit. 4. The proposed operational hours are typical of educational uses. 5. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3691 PLN2005-137 - 1075 W. Campbell Avenue - Use Permit - Playground Page 2 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2005-137) to allow the expansion of an existing private school for a new playground on the adjacent undeveloped lot on property owned by the Campbell Church of Christ located at 1075 W. Campbell Avenue in a R-1-S (Single- Family Residential) Zoning District, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Plannina Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2005- 00137) allowing the expansion of an existing private school for a new playground on the adjacent undeveloped lot located at 1075 W. Campbell Avenue. The site design shall substantially comply with project description and revised plans received by the Community Development Department dated October 28, 2005, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Aooroval Exoiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is Planning Commission Resolution No. 3691 PLN2005-137 - 1075 W. Campbell Avenue - Use Permit - Playground Page 3 required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Details and Colors: The applicant shall submit detailed exhibits of the play structure equipment for review and approval by the Community Development Director, prior to ordering play structures. Final color approval shall be subject to field review and approval by the Community Development Director. 6. Plavaround EauiDment Certification: The playground equipment shall be assembled and installed incompliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment, or prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment is in compliance with the California Department of Health Services regulations regarding playground equipment. 7. Outdoor Storaae: No outdoor storage is permitted on the subject property. 8. Si~ns: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 of the Campbell Municipal Code. 9. ODerational Hours: The hours of operation for the playground shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Sundays. 10. Noise: a. Noise Standards: The use of the facility shall not unreasonably disturb adjacent residential uses; however, it should be understood that the school will create some measure of noise audible from the adjacent residential uses. In an effort to ensure that no noise unreasonably disturbs adjacent residents, the school shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise in the playground that may unreasonably disturb adjacent residents. Planning Commission Resolution No. 3691 PLN2005-137 -1075 W. Campbell Avenue - Use Permit - Playground Page 4 b. Noise Manaoement: In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise which may include limiting of hours of playground use, limiting the maximum number of students permitted in the playground at anyone time, and/or requiring the installation of surface acoustical treatment on the playground. PUBLIC WORKS 11. Street ImDrovements: Prior to issuance of any grading or building permits for the site, the applicant shall pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The improvements shall include the installation of City approved street trees at 30 feet on center. 12. Occupancy: Prior to allowing occupancy for any and/or all buildings/structures, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 13. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaping and trees in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 14. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Stonn Drain Area fee, currently set at $2,650.00 per net acre, which is $575.00. 15. Easements: There is an existing 10' wide public utility easement along the western boundary of the property. Prior to issuance of any grading or building permits for the site, the applicant shall clearly show existing easements on the site plan and shall demonstrate approval from the utility companies allowing structures to be built within this easement. Planning Commission Resolution No. 3691 PLN2005-137 -1075 W. Campbell Avenue - Use Permit -- Playground Page 5 PASSED AND ADOPTED this 2200 day of November, 2005, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Eliz ATTEST:.#Mn1 y~ Sharon Fierro, Secretary . 9t'j>~ CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. November 22, 2005 Public Hearing to consider the application of Mr. Jim Morelan, on behalf of Campbell Christian School, for a Conditional Use Permit (PLN2005-00137) to allow the expansion of an existing private school for a new playground on the adjacent undeveloped lot on property owned by the Campbell Church of Christ located at 1075 W. Campbell Avenue in a R-1-6 (Single-Family Residential) Zoning District. PLN2005-137 Morelan, J. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow the expansion of an existing private school for a new playground on the adjacent undeveloped lot, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to construction of limited small new facilities. PROJECT DATA Net Lot Area: Landscape Coverage: Engineered Wood Chips: Lawn and Plant Material: Hours of Operation: Monday through Friday Sunday Adjacent Land Uses: North: South: East: West: 9,457 sq. ft. (0.22 acres) 5,963 sq. ft. (63%) 3,494 sq. ft. (37%) 7:00 a.m. to 6:00 p.m. 8:00 a.m. to 5:00 p.m. Single-Family Residential Single-Family Residential Single-Family Residential Private School/Church DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow the expansion of an existing private school for a new playground on the adjacent undeveloped lot. No expansion of the building square footage is proposed as part of this application. The site Staff Report - Planning CVlnmission Meeting of November 22,2005 PLN2005-137 -1075 W. Campbell Avenue Page 2 of3 plan indicates the location of the proposed playground structures, new fencing, and new walkways. Background: The project site is currently undeveloped and is located on the northwest comer of Victor Avenue and West Campbell. The Campbell Church of Christ currently owns the existing undeveloped lot and the two single-family homes at 21 and 31 Victor Avenue. The proposed play structures would be located on the existing undeveloped lot, adjacent to the two single- family homes owned by the Church. Campbell Christian School was established in 1967 and is an educational institution for infants, toddlers, and preschool through fifth graders with a current enrollment of approximately 446 students. The school follows the academic year calendar and is open late August through early June. An extended care program has been in operation since the school has started in order to meet the needs of working parents. Additionally, a summer school program is offered during the summer months. The school is governed by a Board of Directors under the oversight of the elders of the Campbell Church of Christ. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low Density Residential. The proposed project complies with the following General Plan Land Use Element Strategies: Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Policy OSP-3.4: Variety of TechniQues: Utilize a variety of techniques to Increase, preserve or maintain open space facilities in conjunction with development projects. Policy OSP-4.l: Street Trees: Encourage planting and retention of street trees in Landscaped street medians and along City streets. Zoning Designation: The zoning designation for the project site is R-1-6 (Single-Family Residential). A Conditional Use Permit is required for private schools within the R-1-6 zoning district. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Use: Campbell Christian School is requesting approval to expand the existing private school for a new playground on the adjacent undeveloped lot. The proposed site plan shows the location of two new play structure facilities, new fencing, and new concrete walkways. The play areas would be covered by engineered woodchips and bounded by rubber curbs. The remainder of the project site would be covered with lawn and landscaping. The maximum height of the play structures is twelve-feet with a platform height of six-feet. Staff is recommending a condition of approval requiring that the colors of the proposed play structures shall be reviewed and approved by the Community Development Director prior to issuance of building permits. Staff Report ~ Planning COlnmission Meeting of November 22, 2005 PLN2005-137 ~ 1075 W. Campbell Avenue Page 3 of3 The applicant is proposing to demolish the existing cyclone fence around the existing playground. A new five-foot high black wrought iron fence would be installed in between the playground structures to create three divided playground areas. A six-foot high wrought iron fence would be installed around the perimeter of the new and existing playground. Each playground area would be accessed by a three-foot wide metal gate. Operational Hours: The proposed general hours of operation for the playground are 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Sundays. Street Trees: The applicant would be required to plant four new City approved street trees along the public street frontage at 30-feet on center. The site plan shows the location of four new, 15- gallon Evergreen Pear street trees, one along Victor Avenue and three along West Campbell Avenue. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of November 8, 2005 and was supportive of the proposed project, subject to the Conditions of Approval. Attachments: 1. Findings for Approval of the Conditional Use Permit (PLN2005-00137) 2. Conditions of Approval for the Conditional Use Permit (PLN2005-00137) 3. Letter from Applicant 4. Exhibits 5. Location Map Preparedbt.~ elinda M. Denis, anner I Approved by: Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2005-00137 SITE ADDRESS: APPLICANT: DATE: 1075 W. Campbell Avenue Mr. Jim Morelan on behalf of Campbell Christian School November 22, 2005 Findings for Approval of a Conditional Use Permit to allow the expansion of an existing private school for a new l'lavground on the adjacent vacant lot located at 1075 W. Campbell Avenue The Planning Commission finds as follows with regard to File No. PLN2005-00137: I. The proposed project consists of the expansion of an existing private school for a new playground on the adjacent undeveloped lot. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of Low Density Residential. 3. The proposed private school expansion is consistent with the R-I-6 (Single-Family Residential) zoning designation for the site with approval of a Use Permit. 4. The proposed operational hours are typical of educational uses. 5. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (Existing Facilities) ofthe California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Findings for Approval- hdlllling Commission Meeting of November 22,2005 PLN2005-137 -1075 W. Campbell Avenue Page 2 of2 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ofthe project. CONDITIONS OF APPROVAL FOR FILE NO. PLN2005-137 SITE ADDRESS: APPLICANT: DATE: 1075 W. Campbell Avenue Mr. Jim Morelan on behalf of Campbell Christian School November 22, 2005 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannine: Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2005-00137) allowing the expansion of an existing private school for a new playground on the adjacent undeveloped lot located at 1075 W. Campbell Avenue. The site design shall substantially comply with project description and revised plans received by the Community Development Department dated October 28, 2005, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Details and Colors: The applicant shall submit detailed exhibits of the play structure equipment for review and approval by the Community Development Director, prior to ordering play structures. Final color approval shall be subject to field review and approval by the Community Development Director. Findings for Approval ~ l:-ldOOing Commission Meeting of November 22, 2005 PLN2005-137 ~ 1075 W. Campbell Avenue Page 2 of2 6. Playground Equipment Certification: The playground equipment shall be assembled and installed incompliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment, or prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment is in compliance with the California Department of Health Services regulations regarding playground equipment. 7. Outdoor Storage: No outdoor storage is permitted on the subject property. 8. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 of the Campbell Municipal Code. 9. Operational Hours: The hours of operation for the playground shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Sundays. 10. Noise: a. Noise Standards: The use of the facility shall not unreasonably disturb adjacent residential uses; however, it should be understood that the school will create some measure of noise audible from the adjacent residential uses. In an effort to ensure that no noise unreasonably disturbs adjacent residents, the school shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise in the playground that may unreasonably disturb adjacent residents. b. Noise Management: In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise which may include limiting of hours of playground use, limiting the maximum number of students permitted in the playground at anyone time, and/or requiring the installation of surface acoustical treatment on the playground.