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PC Res 4184RESOLUTION NO. 4184 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF AN INTERNATIONAL SCHOOL (SPRINGBRIDGE) UTILIZING EXISTING SCHOOL FACILITIES ON PROPERTY LOCATED AT 771 WALDO ROAD. 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 PLN2014-134: Environmental Finding 1. This project is Categorically Exempt under Section 15060(c)(2) of the California Environmental Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment and under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings 1. The project site is zoned P-F (Public Facilities) and is designated with an Institutional land use designation by the General Plan. 2. A private international school (Springbridge) is defined as a "Schools - K-12, private" and considered a "school other than public", subject to approval of a Conditional Use Permit, consistent with CMC 21.46. 3. The project site is located on a portion of an existing school site located the north side of Waldo Road between Virginia Avenue to the west, and Sobrato Drive to the east. 4. The proposed school would occupy a total of 4,073 sq. ft. of existing school facilities previously occupied by Hazelwood Elementary (public school). No expansion of the existing buildings are proposed. 5. The project site has 51 shared parking spaces, where 92 are required (legal non- conforming) for the existing and proposed uses onsite. 6. Policies found within the Land Use Element of the Campbell General Plan articulate a desire to promote and allow change consistent with reinforcing positive neighborhood values and protecting the integrity of the city's neighborhood, encouraging Planning Commission Resolution No. 4184 Modification of a Conditional Use Permit File No.: PLN2014-134 Page 2 neighborhood serving commercial uses within walking distance of residential uses, and attracting and maintaining a variety of uses that create an economic balance within the city while providing high quality services to the community. Furthermore, goals, policies and strategies outlined in the Open Space, Parks and Public Facilities Element of the general plan articulate the necessity to recognize and respond to the changing needs of the community for City services such as education programs, and ensure functional, attractive and well-maintained community educational facilities that provide high-quality educational facilities and services are available for all students. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with a Modification of the Conditional Use Permit approval, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use is consistent with the General Plan. 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, as conditioned, 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, as conditioned, 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. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood or the city as a whole. 9. The establishment will not significantly increase the demand on city services. 10. The project is Categorically Exempt under Section 15060(c)(2) of the California Environmental Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment and under Planning Commission Resolution No. 4184 Modification of a Conditional Use Permit File No.: PLN2014-134 Page 3 Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2014-134) to allow the establishment of an international school (Springbridge) utilizing existing school facilities on property located at 771 Waldo Road. 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 Approved Project: Approval is granted for a for a modification (PLN2014-134) to a previously approved Conditional Use Permit (PLN2004-61) to allow the establishment of an international school on a portion of an existing school site (Canyon Heights Academy) on property owned by the Campbell Union School District located at 771 Waldo Road. The project shall substantially conform to the Project Plans and Project Description, stamped as received by the Planning Division on September 20, 2014 and May 20, 2014, respectively, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Modification Approval Expiration: The Modification (PLN2014- 134) of the Conditional Use Permit (PLN2004-61) approved herein shall be valid for one year from the date of final approval (expiring December 9, 2015). Within this one- year period, the Springbridge International School shall be established on site and shall obtain a business license for its ongoing operation. The entitlement approval shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modification of the Conditional Use Permit approved herein. 3. 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 may be modified by the Conditions of Approval herein. 4. Si na e: No signage has been approved as part of this application. 5. Operational Parameters: Consistent with the submitted Project Description, a private school operating pursuant to the Modification of the Conditional Use Permit approved Planning Commission Resolution No. 4184 Page 4 Modification of a Conditional Use Permit File No.: PLN2014-134 herein shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit approved herein. a. Approved Use: The approved use is a private school ("Schools - K-12, private" as defined by the Campbell Municipal Code) serving as a bilingual coeducational school offering Japanese/English and Chinese/English, for students ranging from preschool through Grade 2. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 7:00 AM - 9:00 PM, Monday through Friday ii. Business/Public Hours 8:00 AM - 6:00 PM, Monday through Friday c. Capacity: No more than 82 students and 8 staff are permitted on site, in association with the use, at any time. d. Special Events: No more than 10 special events with parents and/or guardians shall be permitted each year, including, but not limited to, the Summer Festival, Welcome Ceremony, Back to School Event, Sports Day, Halloween Parade, Christmas Party, Graduation Ceremony and Open House. Springbridge International School shall also be required to manage and coordinate their events with other onsite uses (i.e. Canyon Heights Academy & California School of Art and Design) to ensure special events do not overlap. Events exceeding the staff/student maximums are prohibited without a prior written authorization from the Director of Community Development. e. Staggered Class Hours: There shall be a minimum separation of fifteen (15) minutes between Springbridge International School, Canyon Heights Academy and the California School of Art and Design (and any subsequent or replacement use operating under the Conditional Use Permit by which they were established) as to allow for a natural turnover of parking spaces and minimize the overlap of any use of pick-up/drop-off areas with other uses. Under this arrangement, the following drop-off and dismissal times shall be followed: i. Springbridge Drop-Off: 8:00 AM - 8:15 AM, Monday through Friday Dismissal: 3:45 PM - 4:00 PM, Monday through Friday ii. Canyon Heights Drop-Off: 8:15 AM - 8:30 AM, Monday through Friday Dismissal: 3:15 PM - 3:30 PM, Monday through Friday Planning Commission Resolution No. 4184 Modification of a Conditional Use Permit File No.: PLN2014-134 Page 5 California S Drop-Off: Dismissal: Drop-Off: Dismissal: chool of Art and Design 1:45 PM - 2:00 PM, Tuesday through Friday 8:00 PM - 8:15 PM, Tuesday through Friday 9:45 AM - 10::00 AM, Saturday 3:00 PM - 3:15 PM, Saturday f. 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. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition. g. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. h. Traffic/Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking or traffic, the Community Development Director may reduce the number of persons permitted per class, reduce the number of classes offered, limit the hours of operation, require additional parking or traffic management strategies and/or bring the permit back to the Planning Commission for review. 6. Revocation of Permit: Operation of a "private school" pursuant to the Modification of the Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke the Modification of the Conditional Use Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Modification of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Modification of the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. Planning Commission Resolution No. 4184 Modification of a Conditional Use Permit File No.: PLN2014-134 Page 6 Reserved Parking: Within 30-days of the date of this approval, any parking sign reading "Canyon Heights -Faculty Parking Only" shall be removed. At the discretion of the property owner, this sign may be replaced with a new sign indicating a reservation for "Faculty Parking Only" provided that it removes the restriction for specific tenant using the campus facilities. 8. Number of Students and Staff: The maximum number of students shall not exceed 400 and 47 faculty/staff members for all uses of the site (i.e. Canyon Heights Academy, California School of Art and Design, and Springbridge International School). Any increase or modification to the number of students and/or faculty staff members shall require approval of a Modification to the Conditional Use Permit by the Planning Commission. 9. On-site Circulation and Student Pick-up and Drop-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. c. The school shall institute a staggered arrival and departure plan to avoid traffic congestion in the surrounding residential neighborhood. 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 and submit a traffic and parking management program to the Community Development Director for review and approval. e. The school shall encourage carpooling to the fullest extent possible. Santa Clara County Fire Department 18. Review: Review of this Developmental 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. 19. Community Care Licensing: Approval is subject to any requirements made by CDSS Community Care Licensing. Planning Commission Resolution No. 4184 Modification of a Conditional Use Permit File No.: PLN2014-134 Page 7 PASSED AND ADOPTED this 9t" day of December, 2014, by the following roll call vote: AYES: Commissioners: Dodd, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: Finch APPROVED: Pamela Finch C it ATTEST: Paul Kerm yan, Secretary