Mod to Use Permit - 2005June 29, 2005
Mr. Young Lee
3800 Blackford Avenue
San Jose, CA 95117
Re: PLN2005-68 -- 775 Waldo Road -Modification to Use Permit
Dear Applicant:
Please be advised that at its meeting of June 28, 2005, the Planning Commission
adopted Resolution No. 3664 approving a Modification (PLN2005-68) to a previously
approved Conditional Use Permit (PLN2004-73) to allow the establishment of an art
school for a maximum of 35 students within an existing school facility on the above-
reference property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk
by 5 p.m. on Friday, July 8, 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.
Sincere)
~. ('~
Tim J. Hale
Associate Planner
Cc: Ed Arango, Public Works
Frank Mills, Building
Chris Veargason, County Fire
Campbell Union School District (Property Owners)
155 N. Third Street
Campbell, CA 95008
70 North First Street ~ Campbell, California 95008- 1 4 3 6 ~ ~-ei_ 408.866.2 140 ~ Fnx 408.871 .5 (40 ~ 'roi~ 408.8662790
RESOLUTION NO. 3664
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2005-68)
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT
(PLN2004-73) TO ALLOW THE ESTABLISHMENT OF AN ART
SCHOOL FOR A MAXIMUM OF 35 STUDENTS WITHIN AN EXISTING
SCHOOL FACILITY ON PROPERTY OWNED BY THE CAMPBELL
UNION SCHOOL DISTRICT LOCATED AT 776 WALDO R{3AID IN A
P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF
MR. YOUNG LEE, ON BEHALF OF CALIFORNIA SCHOOL OF ART
AND DESIGN. FILE NO. PLN2005-68.
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 PLN2005-68:
1. The proposed art school is consistent with the Institutional General Plan land use
designation for the project site.
2. The proposed project is consistent with the requirements of the P-F Public Facilities
Zoning District and will be consistent with the Zoning Ordinance with approval of a
Modification to a previous Conditional Use Permit.
3. A Conditional Use Permit allowing the establishment of a private school of up to 400
students at 775 Waldo Road was approved by the Planning Commission in July
2004. The proposed project would not expand this school facility.
4. The project site consists of the occupancy of a 1,720 square foot building with a
maximum of 35 students.
5. No exterior modifications to the building are proposed.
6. School hours shall be restricted to 2:00 p.m. to 8:00 p.m., Tuesday -Fridays and
10:00 a.m. to 3:00 p.m., Saturdays.
7. The project qualifies as a Categorically Exempt project per Section 15303, Class 3
(New Construction or Conversion of Small Structures) 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 use is consistent.with the General Plan.
Planning Commission F.~~olution No. 3664
PLN2005-68 - 775 Waldo Road -Modification to Use Permit -Art School
Page 2
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2005-68) to a previously approved S Conditional Use Permit
(PLN2004-73) to allow the establishment of an art school for a maximum of 35 students
within an eisting school facility on property owned by the Campbell Union School District
located at 775 Waldo Road 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.
Planning Commission Resolution No. 3664
PLN2005-68 - 775 Waldo Road -Modification to Use Permit -Art School
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
Approved Proiect: Approval is granted for a Modification (PLN2005-68) to a
previously approved Conditional Use Permit (PLN2004-73) to allow the
establishment of an art school of 1,720 square feet on property located at 775
Waldo Road. Project shall substantially conform to the project exhibits listed below;
except as may be modified by the conditions of approval contained herein:
a. Site plan dated as received by the Planning Division on May 26, 2005.
b. Project description dated as received by the Planning Division on May 26, 2005.
2. Previous Conditions: All conditions of approval of the previously approved
Conditional Use Permit (PLN2004-73) as approved by Planning Commission
Resolution No. 3577 shall remain in effect except as follows:
a. Number of students: The maximum occupancy of the students include the
proposed 35 art students and three faculty shall not exceed the total of 400
students and 30 staff members previously approved by the Planning
Commission.
b. Operational hours: Operational hours of the art school shall be limited from 2
p.m. to 8 p.m. Tuesday though Friday and 10 a.m. to 3:00 p.m. on Saturdays.
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
28~' day of June, 2005, by the following roll call vote:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
APPROVED: 6J
iza eth Gibbons, Chair
ATTEST• C~
S aron Fierro, Secretary