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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.