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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