PC Res 4113RESOLUTION NO. 4113
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2013-197) TO A PREVIOUSLY APPROVED CONDITIONAL
USE PERMIT TO ALLOW THE USE OF MODULAR
CLASSROOMS, AN INCREASE OF SCHOOL CAPACITY, AND
AN EXTENSION OF THE PERMIT APPROVAL PERIOD FOR
AN EXISTING PRIVATE SCHOOL ON PROPERTY OWNED BY
THE FIRST CONGREGATIONAL CHURCH OF SAN JOSE
LOCATED AT 1980 HAMILTON AVENUE.
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 file number PLN2013-197:
The Planning Commission finds as follows with regard to file number PLN2013-197:
1. The project site is located along Hamilton Avenue, between Leigh and Phantom
Avenues.
2. The project site is zoned P-F (Public Facilities) as shown on the Campbell Zoning Map.
3. The project site is designated Institutional as shown on the Campbell General Plan
Map.
4. The project site is surrounded by single-family residential and office uses.
5. The Conditional Use Permit (PLN2007-128) for the existing private school was
approved by Planning Commission Resolution No. 3839 on September 27, 2007.
6. The Conditional Use Permit allowed establishment of a Jr. K-3~d grade private school,
with a capacity of 80 children, for a period of five years, expiring June 2012.
7. The Modification request would reinstate the Conditional Use Permit approval for the
school for a period of four years, increase the school's capacity to a maximum of 120
children, and allow the placement of modular buildings.
8. The use of modular classroom buildings is appropriate only on a limited term basis.
9. The project applicant has stated that the use of modular buildings is a temporary
solution until a permanent facility can be constructed or an alternative school location is
secured.
10. Potential traffic and parking impacts associated with the project would not be
significant.
Planning Commission Resolution No. 4113
PLN2013-197 - 1980 Hamilton Avenue -Modification to Use Permit -Carden Day School
Paae 2
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.
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 use will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
4. The proposed use will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood.
5. The proposed use will not significantly increase the demand on City services.
6. The 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.
7. The site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate.
8. The project is Categorically Exempt under Section 15303 (c) of the California
Environmental Quality Act (CEQA) pertaining to the construction of new buildings not
exceeding 10,000 square feet in urbanized areas.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification
(PLN2013-197) to apreviously-approved Conditional Use Permit to allow the use of
modular classrooms, an increase of school capacity, and an extension of the permit
approval period for an existing private school (Carden Day School) on property owned by
The First Congregational Church of San Jose located at 1980 Hamilton Avenue.
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. 4113
PLN2013-197 - 1980 Hamilton Avenue -Modification to Use Permit -Carden Day School
Paoe 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Modification to a previously approved
Conditional Use Permit to allow the use of modular classrooms, an increase of school
capacity, and an extension of the permit approval period for an existing private school,
located at 1980 Hamilton Avenue. The project shall substantially conform to the
revised project plans and the project description stamped as received by the
Community Development Department on August 29, 2013 and August 9, 2013,
respectively, except as may be modified by the Conditions of Approval contained
herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2013-197), the previously-approved conditions of approval
(PLN2007-128) shall be void and shall permanently be superseded in their entirety by
the conditions of approval specified herein.
3. Length of Permit Term: The Modified Conditional Use Permit shall expire on June 30,
2017, consistent with the performance standards provided for in Condition No. 4, by
which time the modular classroom buildings shall be removed from the project site,
except as provided for in Condition No. 4.
4. Performance Standards: The applicant shall meet the following performance
standards, as verified by the Community Development Director, to retain Conditional
Use Permit Approval. If the School selects not to construct a permanent facility, the
School shall provide a letter by June 30, 2014 to the Community Development
Director and the Chair of the Planning Commission, and copied to all parents of
Carden Day School, indicating that the School shall remove the modular buildings and
cease operation by June 30, 2015. Alternatively, if the School selects to pursue
construction of a permanent facility, and maintain approval for use of the modular
buildings until June 30, 2017, the School shall:
a. Submit a development application for a permanent classroom building(s) by June
30, 2014
b. Secure approval of the development application fora permanent classroom
building(s) by January 5, 2015
c. Submit Building and Encroachment Permit applications by June 30, 2015
d. Obtain Building and Encroachment Permits by January 4, 2016
e. Commence construction by June 1, 2016
Planning Commission Resolution No. 4113
PLN2013-197 - 1980 Hamilton Avenue -Modification to Use Permit -Carden Day School
Paae 4
5. Planning Final Required: Planning Division clearance is required prior to Building
Permit final. Construction that is not in substantial compliance with the approved
project plans shall not be approved without prior authorization of the necessary
approving body.
6. Building Colors: The applicant shall paint the modular buildings consistent with the
submitted color board.
7. Church Activities: Church assemblages shall be scheduled so as to not interfere with
the operation of the School. This shall require that large assemblages be held after the
close of the School's normal operating hours. If overlapping activities result in
complaints to the City, the Community Development Director shall review the schedule
of on-site activities and impose restrictions as appropriate.
8. Operational Standards: The operation of the private school and related commercial
daycare center shall be subject to the following operational standards. Non-compliance
with these standards, or any other conditions of approval specified herein or any
standards, codes, or ordinances of the City of Campbell or State of California shall be
grounds for consideration of revocation of the Modified Conditional Use Permit by the
Planning Commission.
a. Number of Children: The maximum number of children on site shall not exceed
one hundred and twenty (120).
b. Age of Children: All children shall be of pre-school or elementary school age (up to
fifth grade).
c. Extended Care: Extended care (daycare) provided before- and after-school shall
only be provided to the School's enrolled students.
d. Operational Hours: Hours of operation for the school shall be restricted to 7:30 AM
to 6:30 PM, Monday through Friday, exclusive of the customary and reasonable use
of the facility for administrative activity.
e. Outdoor Activities: All outdoor activities shall be restricted to 8:00 AM to 6:30 PM.
f. Property Maintenance: The school shall maintain all exterior areas of the
business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
g. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
h. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done
between 7:00 AM and 7:00 PM Monday through Friday.
i. Commercial Daycare Center: Operation of the before- and after-school extended
care (daycare) program shall be in full compliance with Campbell Municipal Code
Planning Commission Resolution No. 4113
PLN2013-197 - 1980 Hamilton Avenue -Modification to Use Permit -Carden Day School
Paae 5
Sec. 21.36.080 and the California Code of Regulations. The school shall maintain in
good standing the appropriate license(s) from the California Department of Social
Services.
j. Parental Notices: Bi-annual written notices shall be provided to parents, instructing
them of the arrival and departure procedures, specifically indicating that left turns
from and onto Leigh Avenue are prohibited.
k. Parking: The parking lot shall be maintained in compliance with the standards in
the Campbell Municipal Code. All parking and driveway areas shall be developed
and maintained in compliance with the approved plans and Chapter 21.28 (Parking
and Loading) of the Campbell Municipal Code. All parking areas shall be regularly
swept and cleaned to remove litter and debris from the parking areas and
driveways. Parking shall be restricted for on-site uses only.
Building Division:
9. Permits Required: A building permit application shall be required for the proposed
modular buildings. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
12. 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.
13. 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 plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
14. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and
MF-1 R shall be blue-lined on the construction plans. 8'/2' X 11" calculations shall be
submitted as well.
15. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Section 106. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
Planning Commission Resolution No. 4113
PLN2013-197 - 1980 Hamilton Avenue -Modification to Use Permit -Carden Day School
Page 6
16. Non-Point Source: 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.
17. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
o Santa Clara County Fire Department (378-4010)
o West Valley Sanitation District (378-2407)
o San Jose Water Company (408) 279-7900 (Customer Service)
18. P.G.& E: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
COUNTY FIRE DEPARTMENT
19. Development Review: Review of this development proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall
not be construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work, the applicant shall make
application to, and receive from, the Building Department all applicable construction
permits.
20. Fire sprinklers Required. Approved automatic sprinklers shall be installed. The
owners(s), occupant(s), and any contractor(s), or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any modification or
upgrade to the existing water service is required. Note: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior
to beginning their work. CFC Sec. 903.2, as adopted and amended by CBLTC.
21. Water Supply Requirements: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may
be physically connected in any manner to an appliance capable of causing
contamination of the potable water supply of the purveyor of record. Final approval of
the system(s) under consideration will not be granted by this office until compliance
with the requirements of the water purveyor of record are documented by that purveyor
as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
Planning Commission Resolution No. 4113
PLN2013-197 - 1980 Hamilton Avenue -Modification to Use Permit -Carden Day School
Page 7
PASSED AND ADOPTED this10th day of September, 2013, by the following roll call vote:
AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners None
ABSTAIN: Commissioners: None
APPROVED:
ATTEST: ~
Aki Honda Snelling, cting Secretary
._
Philip Reynol s, Jr., Ch r