Use Permit - Veritas Academy - 2005August 25, 2005
David Wallace
Veritas Christian Academy
1751 Montemar Way
San Jose, CA 95125
Re: PLN2005-86 -- 400 Llewellyn Avenue -Use Permit - Veritas Christian Academy
Dear Applicant:
Please be advised that at its meeting of August 23, 2005, the Planning Commission adopted
Resolution No. 3674 approving a Conditional Use Permit (PLN2005-86) to allow the
establishment of a private school in existing structures at an existing church site 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, September 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,
Stephanie Willsey
Planner I
Cc: Ed Arango, Public Works
Frank Mills, Building
Chris Veargason, County Fire
First Baptist Church of Campbell (Property Owners)
400 Llewellyn Avenue
Campbell, CA 95008
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RESOLUTION NO. 3674
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2005-86) TO ALLOW THE ESTABLISHMENT OF A PRIVATE
SCHOOL IN EXISTING STRUCTURES AT AN EXISTING CHURCH
SITE ON PROPERTY OWNED BY THE FIRST BAPTIST CHURCH
OF CAMPBELL LOCATED AT 400 LLEWELLYN AVENUE IN THE
P-F (PUBLIC FACILITIES} ZONING DISTRICT. APPLICATION OF
MR. DAVID WALLACE, ON BEHALF OF VERITAS CHRISTIAN
ACADEMY. FILE NO. PLN2005-86.
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 PLN2005-86:
The proposed private school will result in a use that is consistent with the
Institutional General Plan land use designation for the property.
2. The proposed private school is consistent with the P-F (Public Facilities) zoning
designation for the property with approval of a Conditional Use Permit.
3. Land uses surrounding the project site include residential uses to the east and
south, the United States Post Office to the north, and residential and commercial
uses to the west.
4. The school would accommodate K-12 students, for a maximum of 63 students at any
given time, and utilize four existing classroom buildings.
5. The proposed regular classroom hours would be from 8:00 a.m. to 3:15 p.m., with the
bulk of school activity occurring between 7:30 a.m. and 5:00 p.m.
6. The site plan proposes 88 parking spaces, 85 standard spaces and three accessible
spaces.
7. Adequate parking, circulation, and access are provided for all users.
8. A letter report was prepared by DKS Associates to evaluate the traffic and circulation
for the proposed project. The proposed project would generate 50 AM peak hour
trips (30 inbound, 20 outbound) and 157 daily trips. The letter report concludes that
no adverse traffic impacts would occur as a result of the project.
9. Proposed site modifications to accommodate the new private school include a new
trash enclosure to house existing trash receptacles, a new outdoor lunch area, a new
loading zone for child drop off and pick up, and re-striped parking stalls and aisle way
to accommodate the new loading zone.
Planning Commission R~.,olution No. 3674
PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy
Page 2
10. 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, as conditioned, will aid in the harmonious development of the
immediate area.
2. 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.
3. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
4. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
5. The proposed use is allowed within the applicable zoning district with Conditional
Use Permit approval, and complies with all other applicable provisions of this Zoning
Code and the Municipal Code.
6. The proposed use is consistent with the General Plan.
7. The proposed site is adequate in terms of size and shape to accommodate the
fences and walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area.
8. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
9. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
10. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City
Planning Commission R, .,olution No. 3674
PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy
Page 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2005-86) to allow the establishment of a private school in
existing structures at an existing church site on property owned by the First Baptist
Church of Campbell located at 400 Llewellyn Avenue in a P-F (Public Facilities)
Zoning District, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Project Approval: Approval is granted for a Conditional Use Permit (PLN2005-86) to
allow the establishment of a private school in existing structures at an existing
church site on property located at 400 Llewellyn Avenue. The project shall
substantially comply with project description and plans stamped as received by the
Planning Division on July 21, 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. Number of Students: The maximum number of students shall not exceed 63
students and the maximum amount of classroom space allocated to the private
school use shall be 4,309 square feet. Any increase to the number of students or
classroom space shall require approval of a Modification to the Conditional Use
Permit by the Planning Commission.
Planning Commission R~ elution No. 3674
PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy
Page 4
5. Sublease Tenants: Any other school or sublease tenants shall be required to receive
approval of a separate Conditional Use Permit by the Planning Commission prior to
occupying any space on the site.
6. Outdoor Lunch/Seating Area: The applicant shall provide a new outdoor
lunch/seating area. The new tables/benches in the lunch/seating area shall
incorporate umbrellas or other suitable shade mechanism to provide a shaded
outdoor area.
7. Progerty Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the property and buildings free from graffiti, trash, rubbish, posters
and stickers placed on the property.
8. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials, or vehicles shall be stored outside the building or within the
parking lot.
9. On-Site Liahting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall
be of a decorative design to be compatible with the development and shall
incorporate energy saving features.
10. Landscaping Maintenance: The owner/operator of the property shall provide on-
going maintenance of the existing landscaping on the property.
11. Parking, Driveways, and Maintenance: All parking and driveway areas shall be
developed in compliance with the approved plans and Chapter 21.28 (Parking and
Loading) of the Campbell Municipal Code and shall include the following:
a. The western most spaces in the parking lot shall be re-striped and two-way traffic
arrows added, allowing two-way traffic on the western most parking aisle.
b. Anew striped loading zone for child drop-off and pick-up.
c. Anew striped crosswalk from the school structures to the playground and outdoor
lunch areas.
d. New paint for all existing parking stalls and traffic arrows to remain.
12. Trash and Recycling Enclosure: The applicant shall submit details regarding the
design and location of a trash and recycling enclosure to the Planning Division for
review and approval by the Community Development Director prior to the issuance
of building permits for the project. All refuse and recycling containers shall be
located in an enclosure constructed and consisting of a concrete floor at least six
Planning Commission R~~olution No. 3674
PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy
Page 5
inches in depth, surrounded by a minimum six-foot high masonry wall and having a
solid metal gate. The design of the enclosure shall be compatible with the building.
Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles utilized by the designated collector. The refuse and recycling
containers shall be kept in the enclosure at all times except when being emptied by
collection personnel.
13. 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 (Signs) of the Campbell Municipal Code.
14. 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 Conditional 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 any one
time, and/or requiring the installation of surface acoustical treatment on the
playground.
15.Operational Hours: The hours of operation for the school use shall be limited to the
hours of 7:00 a.m. to 6:00 p.m. Monday through Friday.
Building Division:
16. Permits Required: A building permit application shall be required for the proposed
change in use in the existing assembly use structure. The current use is `A2.1' and
the proposed new use is 'E1'. Those portions of the building propose for the E1 use
shall comply with California Building Code requirements for E1 use. The building
permit for the change in use shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
17. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
Planning Commission R~~olution No. 3674
PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy
Page 6
18.Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 inches by 36 inches.
19. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
20. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site address and parcel numbers shall also be clearly called out. Site
parking and path of travel to public sidewalks shall be detailed.
21.Special Inspections: When a special inspection is required by U.B.C. Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building
permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
22. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part
of plan submittal. The specification sheet (size 24" X 36") is available at the Building
Division service counter.
23. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the
approval process. Service installations, changes and/or relocations may require
substantial scheduling time and can cause significant delays in the approval
process. The applicant should also consult with P.G. & E. concerning utility
easements, distribution pole locations and required conductor clearances.
24.Title 24 Accessibility -Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
25.Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form
on submitted construction plans. Form is available at Building Division service
counter.
26.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department