Use Permit - Fence - 2004July 28, 2004
Virginia Fanelli, Agent
Canyon Heights Academy
5958 Dry Oak Drive
San Jose, CA 95120
Re: PLN2004-73/PLN2004-87 - 775 Waldo Road -Use Permit and Fence Exception
Dear Applicant:
Please be advised that at its meeting of July 27, 2004, the Planning Commission took the
following actions:
1. Adopted Resolution No. 3577 approving a Conditional Use Permit to allow the establishment
of a private school on the above referenced property and
2. Adopted Resolution No. 3578 approving a Fence Exception to allow seven foot high fencing
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, August 6, 2004. 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 is set forth.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~ ~ ' ~
F~ ~~ ~~~
Melinda Denis
Planner I
Cc: Ed Arango, Public Works
Frank Mills, Building
Chris Veargason, County Fire
Campbell Union School District (Property Owner)
Attn: Dale Thurston
155 N. Third Street
Campbell, CA 95008
70 North First Street ~ Camphell, California 95008-1 43 6 ~ ~~f3i- 408.866.2140 ~ rnx 408.871.5140 - Tiw 408.866.2790
RESOLUTION N0.3577
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-73) TO ALLOW THE ESTABLISHMENT OF A PRIVATE
SCHOOL WITHIN THE FORMER HAZELWOOD ELEMENTARY
SCHOOL SITE ON PROPERTY OWNED BY THE CAMPBELL UNION
SCHOOL DISTRICT LOCATED AT 775 WALDO ROAD TN A P-F
(PUBLIC FACILITIE) ZONING DISTRICT. APPLICATION OF MS.
VIRGINIA FANELLI, ON BEHALF OF CANYON HEIGHTS
ACADEMY. FILE NO.: PLN2004-73.
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 PLN2004-73:
1. The proposed project consists of the establishment of a private school for preschool,
kindergarten, and grades ls` through 6`h in an existing elementary public school.
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of Institutional for this area.
3. The proposed private school is consistent with the P-F (Public Facilities) zoning designation
for the site with approval of a Use Permit.
4. The existing parking will adequately meet the demands generated by the change in use, and
will not be detrimental to the overall parking and circulation in the area.
5. Adequate parking, circulation, and access are provided for all users.
6. The proposed operational hours are typical of educational uses.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (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. 3577
PLN2004-73 - 775 Waldo Road --Conditional Use Permit -Canyon Heights Academy
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 azea.
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 (PLN2004-73) to allow the' establishment of a private school 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-61) allowing
the establishment of a private school for children in preschool, kindergarten, and grades 1-8,
within the former Hazelwood Elementary School site located at 775 Waldo Road. The site
design shall substantially comply with project description and plans received by the
Community Development Department dated July 6, 2004, except as may be modified by the
Conditions of Approval herein. '
2. Number of Students and Staff: The maximum number of students shall not exceed 400 and
the maximum number of staff shall not exceed 30 for the entire site. Any increase or
modification to the number of students and/or staff shall require approval of a Modification
to the Conditional Use Permit by the Planning Commission.
Planning Commission Resolution No. 3577
PLN2004-73 - 775 Waldo Road -Conditional Use Permit -Canyon Heights Academy
Page 3
3. Sublease Tenants: Any sublease tenants shall be required to receive approval of a
Conditional Use Permit by the Planning Commission prior to occupying any space on the
site.
4. 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.
5. Revocation of Penmit: 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.
6. 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.
7. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall~be parked and/or stored outside the building or within the
parking lot.
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:
a. Office Hours: The hours of operation for office use of the facility is limited to the hours
of 7:00 a.m. to 10:00 p.m. Monday through Friday.
b. School Instruction: The hours of operation for school instruction, including the regular
instruction hours, before school,care program, and after school care program, are limited
to 7:30 a.m. to 6:00 p.m. Monday through Friday.
c. Weekend Use: Use of the facility on Saturdays and Sundays shall be limited to 9:00 a.m.
to 6:00 p.m.
d. Weeknight Use: Special evening events and meetings shall not extend past 9:30 p.m. and
the facility shall be closed and all vehicles shall leave the premises by 10:00 p.m.
10. On-site Circulation and Student Pick-up and Dry-off:
a. The applicant shall ensure that vehicles are not stopping and/or stacking in an unsafe
manner within the public right-of--way and/or are not impeding traffic within the public
right-of--way as a result of student drop-off.
b. The school shall assign a staff member during morning and afternoon hours to direct
parents where to park and safely drop-off students and to direct traffic to avoid off-site
queuing of vehicles on the street.
Planning Commission Resolution No. 3577
PLN2004-73 - 775 Waldo Road -Conditional Use Permit -Canyon Heights Academy
Page 4
c. The school shall institute a staggered arrival and departure plan to avoid traffic
congestion in the surrounding residential neighborhood. All drop off and pick up shall
occur at the front of this school.
d. In the event student drop-off of children causes unsafe queuing and stacking situations in
the public right-of--way, the applicant may be required to prepare a parking management
program to the Community Development Director for review and approval.
e. The school shall encourage carpooling to the fullest extent possible.
11. 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 Mana eg ment: 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 any one time, and/or requiring the installation of surface acoustical
treatment on the playground.
12. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 of the Campbell Municipal Code.
PASSED AND ADOPTED this 27`h day of July, 2004, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
APPROVED
ATTEST: ~~~
Sharon Fierro, Secretary
Page 1 of 1
Tim Haley
From: Matthew Jue
Sent: Monday, June 27, 2005 10:07 AM
To: Tim Haley
Subject: RE: Hazelwood School (Traffic or Parking Complaints)
Tim,
Since Canyon Heights Academy moved into the Hazelwood site, there have been no problems with traffic at that
site. The number of parked vehicles seems pretty low as I don't think Canyon Heights has reached its enrollment
goals.
From: Tim Haley
Sent: Monday, June 27, 2005 9:36 AM
To: Matthew Jue
Subject: Hazelwood School (Traffic or Parking Complaints)
Matthew do we have any history of traffic or parking complaints regarding the Canyon Heights Academy's
occupancy of the Hazelwood Site?
The Planning Commission Tuesday will be considering the request of an art school of 35 students between
2:00 and 8:00 p.m.
Thanks
Tim J. Haley
Associate Planner
phone: 408 866 2144
fax : 408 8715140
timh@cityofcampbell.com
6/27/2005