Aperture Academy Letter - Unit 600 - 2010February 19, 2010
Mr. Stephen Oachs
Aperture Academy
1875 S. Bascom, Suite 600
Campbell, CA 95008
Subject: Aperture Academy Use
Dear Mr. Oachs:
It was a pleasure meeting you at the Aperture Academy studio yesterday where you
explained the operations of your business with me and Kirk Heinrichs, Community
Development Director. The purpose of our visit was to follow up with your concern that
the Planning Department misclassified your use as a Commercial School or Photo
Studio as defined in the Campbell Municipal Code. The reason for this classification
pertained to the instructional classes offered for photography, light room and photo
processing. This determination was based on information obtained from your website
where it included images of a computer classroom and listed several classes in the
months of November and December. Based on the information gathered, the staff's
determination that a Conditional Use Permit is required was the correct determination.
However, after visiting your gallery, where you informed Kirk and I that you hold
approximately two classes per month, the computer stations are arranged in a more
"cyber cafe" configuration, there is greater emphasis on "in-field" workshops as
compared to on-site instructional classes. Based on our visit, it is clear that the classes
offered are ancillary to the overall business activities. Therefore, the City will not
consider your use as a commercial school or photo studio.
In the event you decide to expand your business operations and desire more on-site
classes or workshops, please inform the Planning Department so we may assist you in
the Conditional Use Permit process. Thank you again for the opportunity to more fully
understand the nature of your business.
Sincerely,
Paul Kerrnoyan
Planning Manager
C: Kirk Heinrichs, Community Development Director
February 10, 2010
Dear Mr. Fama:
1 am in receipt of your letters dated October 30, 2009, and February 2, 2010 related to my
business, Aperture Academy, located at 1875 S. Bascom, Suite 600, at the Pruneyard Center,
Campbell.
This letter responds to the City of Campbell's (hereinafter the "City") misclassification of
my business, Aperture Academy, as a "commercial school" under Title 21, Article 6 of the
Campbell Code of Ordinances.
As you are aware, both I and my manager, Kelly Baldwin, contacted you directly and made
specific inquiry regarding the definition of a "commercial school" according to the City's
ordinances. We received no response from you or anyone from the City. I was forced to
consult an attorney to determine what, if any, definition the City was using to classify The
Aperture Academy as a commercial school.
According to the Campbell Code of Ordinances, "Commercial schools" means business,
secretarial, and vocational schools offering specialized trade and commercial courses"
means Includes specialized non-degree granting schools offering subjects including: art,
ballet and other dance, drama, driver education, language, trades, vocations, Lamaze, yoga,
martial arts, gyrotonics, computer technologies, and music. Also includes seminaries and
other facilities exclusively engaged in training for religious ministries; and establishments
furnishing educational courses by mail. Also includes personal trainers with more than two
clients. Facilities, institutions, and conference centers are included that offer specialized
programs in personal growth and development (e.g., arts, communications, environmental
awareness, fitness, management, etc.). City of Campbell Municipal Code, Title 21, Article 6,
section 21.72.020(C).
The definition above is a cut-and-and paste directly from Municode.com, the service used
by the City to disseminate its municipal code to the public. I linked to Municode.com
directly from the City of Campbell website.
As you can see from a plan reading of Ordinance, the definition itself is unclear. It is
missing quotation marks in the first three sentences, there are additional and misplaced
words ("means Includes" in the third sentence), and many words require additional
definitions. In any case, The Aperture Academy does not fall within the City's "commercial
schools" definition. Perhaps there is a misunderstanding about the type of business done at
The Aperture Academy.
In spite of the catchy alliteration of the name and the playful use of the word "Academy,"
my business is not a school under any definition. The Aperture Academy is a photography
business that displays and sells fine art photography prints taken by me. Similar to a
Thomas Kinkade Gallery that sells paintings by Kinkade, I make my living by selling
photographs I take, develop, frame and market at my store. The Aperture Academy is a
photography gallery, retail store, and the place where I run and operate my photography
business.
Through my studio, I offer chartered groups a digital photography experience held in the
outdoors. They are not structured in any way that is similar to a school or class. I do not
offer certification or graduation completeness; I am offering my professional experience,
guidance, and assistance to casual, photography enthusiasts and studio customers.
I maintain a digital darkroom where I process my own photography work for sale at
Aperture Academy. On occasion, I allow photographers who participate in my chartered
trips to process and complete their photographs on my digital equipment with the
assistance of the Aperture Academy staff. This is not a class, but rather, is part of the
service I provide to encourage my customers to buy my photographs and retail supplies.
The Aperture Academy will only succeed if people choose to spend discretionary income on
my photographs. Part of that business model includes providing individuals with my
experience and guidance so they want to purchase my products and refer people to my
store.
Searching on-line, I found many other Campbell businesses conducting similar operations
to the Aperture Academy. These businesses range from Parenting classes, chiropractors
and real estate, to name a few (see attached). None of which, according to the "commercial
school" definition, would be classified as a commercial school.
I do not make a financial windfall from The Aperture Academy. In the event the City
misclassifies my business as a "commercial school," and I am forced to pay an additional
$3,500 per year, I will be forced to lay off staff, my business will be harmed, and the
Campbell photography enthusiasts will be the ones who are hurt.
I hope this letter clarifies any misunderstandings about The Aperture Academy. Please
confirm within the next seven days that the City of Campbell will not classify The Aperture
Academy as a "commercial school."
Sincerely,
Stephen Oachs
Aperture Academy
1875 S. Bascom Avenue
Suite 600
Campbell, CA 95008
(408) 369-8585
February 2, 2010
Stephen W. Oachs
Kelly Baldwin
Aperture Academy
1875 S. Bascom, Ste. 600
Campbell, CA 95008
Dear Mr. Oachs and Ms. Baldwin,
This letter is to follow up on correspondence from this office dated October 30, 2009 (enclosed),
and subsequent phone calls, e-mails, and in-person discussions regarding the need for a
Conditional Use Permit for your business, Aperture Academy.
In review of your case with department staff, including the City Manager's Office, the original
determination-that by providing instructional classes Aperture Academy is classified as a
commercial school-remains unchanged. Therefore, within 30 days, please submit a Conditional
Use Permit application (enclosed) or provide written verification that instructional classes have
ceased.
If you should have any questions, please feel free to contact me at (408) 866-2193 or by email at
danielf~cc~i~ofcampbcll.com.
Sincerely,
Daniel M. Fama
Assistant Planner
Encl: Conditional Use Permit application
Planning Division Correspondence, dated October 30, 2009
cc: Daniel Rich, City Manager
Kirk Heinrichs, Community Development Director
Paul Kermoyan, Planning Manager
Susan Morgado-Gray, Code Enforcement Officer
Julie M. Petit, Equity Office, 1740 Technology Drive, Suite 150, San Jose, CA 95110
Laserfiche System
October 30, 2009
Aperture Academy
1875 S. Bascom
Suite 600
Campbell, CA 95008
To Whom It May Concern:
It has come to the attention of the Community Development Department that this business is
providing instructional classes on photography and related subject matter. Aperture Academy
was cleared by the Community Development by issuance of a building permit (BLD2009-00672)
and a business license as a photography studio and retail store. It was made clear that
instructional classes were not to be provided. By proving instructional classes, this business is
now classified as a commercial school, which requires application and approval of a Conditional
Use Permit.
Within 30 days of the date of this letter, please submit a completed Conditional Use Permit
application (enclosed) or provide a signed letter stating that all instructional classes have ceased.
If no response is received, this issue will be forwarded to the Code Enforcement Officer for
possible enforcement action.
If you should have any questions, please feel free to contact me at (408) 866-2193 or by email at
danielf@cityofcampbell.com.
Sincerely,
Daniel M. Fama
Assistant Planner
Encl: Conditional Use Permit application
cc: Paul Kermoyan, Planning Manager
Susan Morgado-Gray, Code Enforcement Officer
Julie M. Petit, Equity Office, 1740 Technology Drive, Suite 150, San Jose, CA 95110
Laserfiche System