PC Res 4239RESOLUTION NO. 4239
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CITY-INITIATED
MODIFICATION (PLN2015-196) OF A PREVIOUSLY APPROVED
MODIFIED CONDITIONAL USE PERMIT (PLN2013-197/PLN2007-
128) FOR AN EXISTING PRIVATE SCHOOL (GARDEN DAY
SCHOOL) LOCATED AT 1980 HAMILTON AVENUE DUE TO NON-
COMPLIANCE WITH REQUIRED PERFORMANCE MEASURES.
FILE NO.: PLN2015-196
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2015-196:
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 project site owned and improved by the First Congregational Church of San Jose,
including the Church's sanctuary, assembly hall, administrative offices, and school
rooms.
6. The Planning Commission approved a Conditional Use Permit (PLN2007-128) for
private school, known as Carden Day School, by Resolution No. 3839 on September
27, 2007. The Conditional Use Permit (PLN2007-128) 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 Planning Commission granted a Modification (PLN2013-197) request to 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 in grades Jr. K through fifth grade,
and allow the placement of modular buildings, by Resolution No. 4113, on September
10, 2013.
8. Conditions of Approval No. 3 and 4 of the Modification (PLN2013-197) approval
indicated that the Conditional Use Permit approval was valid until 2017 (four years)
only if the school adhered to certain performance benchmarks starting with submittal of
a formal application by June 30, 2014. Otherwise, the School was to provide a letter by
that same date, indicating that the School would cease operations and remove the
modular buildings by June 30, 2015. The Planning Commission specifically
incorporated this strict performance measure to ensure that the modular buildings
would be permitted for the requested four year period only if the School took timely
action to proceed with permanent facilities.
Planning Commission Resolution No. 4239
1980 Hamilton Avenue -Modification (PLN2015-196)
Page 2 of 3
9. The Planning Commission's approval was predicated on an understanding that use of
modular classroom buildings is appropriate only on a limited term basis. In this regard,
the City did not perform a traffic analysis or require off-site public improvements that
otherwise would be warranted for permanent construction, since such actions would be
taken at a later time as part of an application for permanent facilities.
10. The School did not indicate an intent to vacate the property or submit an application for
permanent facilities by the June 30, 2014 deadline, thereby it did not fulfill the
aforementioned Conditions of Approval.
11. The Planning Commission understood that the School's classroom activities were
being entirely relocated to the proposed modular buildings, without which the School
could not operate. As such, removal of the modular classroom is indistinguishable from
the closing of the school itself. Therefore, the approval period provided in Resolution
No. 4113 is for the entire existing private school, as specified by said resolution.
12. On August 18, 2015, the School submitted a new development application for
construction of permanent facilities on the Church property that would allow
removal/replacement of the modular classroom buildings.
13. The extension approved by the Planning Commission is temporary in nature, with a
maximum duration of less than nine (9) months from the date of the Planning
Commission's adoption of this modification.
14. By mutual agreement of the applicant and the Planning Commission, the City will allow
continued use of the modular buildings and operation of the School, subject to an
agreement with the terms as specified in the Conditions of Approval, including a
$20,000 cash security.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. One or more of the conditions of the permit have not been substantially fulfilled or have
been violated.
2. Due to the fact that the proposed extension is temporary in nature, this project is
Categorically Exempt under Sec. 15060(c)(2) of the California Environment Quality Act
(CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable
indirect physical change to the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves aCity-initiated
Modification (PLN2015-196) of a previously approved Modified Conditional Use Permit
(PLN2013-197/PLN2007-128) for an existing private school (Carden Day School) located
at 1980 Hamilton Avenue due to non-compliance with required performance measures,
subject to the attached Conditions of Approval (attached Exhibit "A").
Planning Commission Resolution No. 4239
1980 Hamilton Avenue -Modification (PLN2015-196)
Page 3 of 3
PASSED AND ADOPTED this 8th day of September, 2015, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Reynolds, Bonhagen, Dodd, Finch, Young, and Rich
None
Kendall
None
APPROVED:
amela Finch C it
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Modification (PLN2015-196)
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
1. Approved Project: Approval is granted for aCity-Initiated Modification (PLN2015-196) to
a previously approved Modified Conditional Use Permit (PLN2013-197) to allow limited
term extension of approval for operation of a private school, including use of modular
classroom buildings constructed per previously approved plans herein incorporated,
located at 1980 Hamilton Avenue, subject to the Conditions of Approval contained
herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this City-Initiated Modification (PLN2015-196), the previously-approved conditions of
approval (PLN2013-197) provided in Planning Commission Resolution No. 4113, shall
be void and shall be permanently 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,
2016, consistent with the performance standards provided for in Condition No. 7b.
4. No Vested Right: No vested right to permanent operation of a private school shall be
conferred by City's action to allow a limited term extension of the Modified Conditional
Use Permit.
5. Payment of Application Fees: By September 21, 2015, the applicant shall submit
$2,175 in application fees pursuant to the City of Campbell Schedule of Fees.
6. Revocation of Permit: 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
Conditional Use Permit by the Planning Commission.
7. Terms of Extension: The applicant shall enter into an agreement prepared by the City
Attorney pursuant to the following terms. Once the agreement is provided to the
applicant, it shall be executed, including payment of the cash deposit, within five (5)
business days.
a. Deposit: A $20,000 cash deposit shall be provided, which may be used by the City
for code enforcement, legal and/or abatement actions should the School fail to meet
its obligations. Any remaining funds that are unnecessary for code enforcement, legal
and/or abatement actions shall be returned to the School.
Conditions of Approval ~ 1980 Hamilton Ave.
City-Initiated Modification - PLN2015-196
Page 2
b. Performance Standards: The applicant shall diligently pursue the development
application submitted on August 18, 2015 for construction of a permanent classroom
facilities, subject to the following deadlines:
• December 14, 2015 - Development Application (PLN2015-248) deemed
complete
• January 12, 2016 -Site and Architectural Review Committee (SARC) Review
• January 26, 2016 -Planning Commission Decision
• February 29, 2015 -Submit construction drawings for a building permit
• June 30, 2016 -Obtain building permit and commence construction within 30
days
c. Voluntary Withdrawal: The applicant may request in writing to the Community
Development Director, to be released from this obligation for any reason. The
Community Development Director shall schedule a public hearing with the Planning
Commission to determine whether the School should be allowed to continue
operating within the existing (Church) buildings (with removal of the modular
buildings) subject to the original 80 student capacity initially granted in 2007 or if the
School's operation on the property should be ceased entirely.
d. Abetment: The agreement shall be executed by the School and the property owners,
and shall include a provision allowing the City or its agents to enter the property and
remove the modular units if the School fails to timely satisfy any condition of
approval.
8. 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.
9. 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.
Conditions of Approval ~ 1980 Hamilton Ave.
City-Initiated Modification - PLN2015-196
Paae 3
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 8~ 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
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.