PC Res 4435RESOLUTION NO. 4435
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL TO REVOKE (PLN2018-86) CONDITIONAL
USE PERMITS PLN2015-196 AND PLN2015-248 DUE TO FAILURE
TO COMPLY WITH THE IMPOSED CONDITIONS OF APPROVAL
FOR THE GARDEN DAY SCHOOL ON PROPERTY LOCATED AT
1980 HAMILTON AVENUE. FILE NO.: PLN2018-86
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 PLN2018-86:
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 project site is also occupied by a private school, known as the Carden Day School
("School"), which has operated since 2007.
7. Since 2007, the City of Campbell has accommodated various attempts by the School to
maintain a permanent status of the project site:
• September 2007: Planning Commission approves a 5-year limited-term Conditional
Use Permit (PLN2007-128) expiring June 2012 for establishment of a School within
existing Church classrooms (PC Resolution No. 3839).
• 2008-2010: In July 2008, the School submitted a Conditional Use Permit application
(PLN2008-110) to construct permanent facilities. This application expired due to
inactivity in February 2010, after previous extensions had lapsed.
• June 2012: The original Conditional Use Permit (PLN2007-128) expires with no
action by the School.
• September 2013: Planning Commission approves Conditional Use Permit
Modification (PLN2013-197) to reinstate and extend approval until June 2017, and
placement of temporary modular buildings, subject to submittal of a new application
for permanent facilities under the following deadlines (PC Resolution No. 4113). If
school failed to meet deadlines, approval would expire June 2015.
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o Submit a development application for a permanent classroom building(s) by June 30, 2014
o Secure approval of the development application for a permanent classroom building(s) by
January 5, 2015
o Submit Building and Encroachment Permit applications by June 30, 2015
o Obtain Building and Encroachment Permits by January 4, 2016
o Commence construction by June 1, 2016
• March-June 2015: City informs School that Conditional Use Permit approval expired
because a new application for permanent facilities was not received as specified by
the required deadlines.
• August 2015: Planning Commission holds revocation hearing on the expired
Conditional Use Permit. School requests additional time to construct permanent
facilities as proposed under new CUP application. The Planning Commission
continues meeting to allow consideration of this request.
• September 2015: Planning Commission extends and modified Conditional Use
Permit (PLN2015-196) approval with deadlines for submittal of a new application for
permanent facilities tied to a $20,000 cash deposit (PC Resolution No. 4239):
o December 14, 2015 -The previously submitted development application would need to be
deemed "complete" by staff.
o January 12, 2016 -Site and Architectural Review Committee (SARC) Review
o January 26, 2016 -Planning Commission Review
o February 29, 2016 -Submit construction drawings for a building permit
o June 30, 2016 - Obtain a building permit and commence construction within 30 days
• November 2015: School signs agreement with City and submits $20,000 formalizing
the deadline obligations.
• January 2016: Planning Commission approves new Conditional Use Permit with Site
and Architectural Review (PLN2015-248) for new classroom building (PC Resolution
No. 4272).
• February 2016: Building permit applications (BLD2016-246 and BLD2016-326)
submitted for new classroom building.
• June 2016: Building Permit (BLD2016-326) issued, however construction does not
commence within one month.
• December 2016: Building Department grants administrative extension for the
permits.
• July 2017: Staff contacted School to determine status of project. School agreed to
prepare an "action plan" with a set schedule to resume the project.
• August 2017: "Action Plan" submitted to staff; construction activity does not
recommence.
• November 2017: Staff meets with School, the project architect, contractor, and
Church representatives to discuss the project. A mutually agreed to deadline of
January 31, 2018 was set for the School to submit proof of payment in the amount of
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PLN2018-86 -Action to Revoke Conditional Use Permits Page 3
$500,000 to the manufacture of the classroom building (representing a 50% deposit)
as a show of good-faith that the project would be completed under a new schedule.
• January 2018: The proof-of-payment was not received by the City.
• February 2018: Notice of Noncompliance issued indicating that a revocation hearing
before the Planning Commission would be convened.
8. Condition No. 2 (Permit Expiration) of Conditional Use Permit PLN2015-248-PC
Resolution No. 4272-has been violated by virtue of the expiration of the building permit
(BLD2016-246) for the associated site work (payment, utilities, etc.) and the pending
expiration (March 31st) of the permit (BLD2016-326) for the classroom building.
2. Permit Expiration: The Conditional Use Permit with Site and Architectural Review (PLN2015-248)
and Parking Modification Permit (PLN2015-361) shall be valid for six (6) months from the effective
date of the approving Planning Commission Resolution, expiring July 5, 2016. Within this six (6)
month period, a building permit for the construction of the approved classroom building must be
issued. Failure to meet this deadline or expiration of an issued building permit will result in the
approval being rendered void.
9. In addition, the previously Modified Conditional Use Permit (PLN2015-196) expired on
June 30, 2016. Further, the July 30, 2016 deadline to commence construction was not
satisfied, per Condition of Approval No. 7.b (Performance Standards), below.
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
10. Notwithstanding staff's efforts to assist the School, the simple failure to achieve required
deadlines constitutes grounds to revoke the Conditional Use Permits.
Based upon the foregoing findings of fact, and pursuant to Campbell Municipal Code
Section 21.68.030, the Planning Commission further finds and concludes that:
11. One or more of the conditions of the permit have not been substantially fulfilled or have
been violated.
12. This action is Categorically Exempt under Section 15321(a) of the California
Environment Quality Act (CEQA), pertaining to enforcement actions by regulatory
agencies to enforce or revoke an entitlement for a use issued, adopted or prescribed by
the regulatory agency.
Planning Commission Resolution No. 4435
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THEREFORE, BE IT RESOLVED that the Planning Commission revokes Conditional Use
Permit PLN2015-196 AND PLN2015-248, effective June 30, 2018. At such time, the private
school shall be closed and the modular classroom buildings shall be removed in compliance
with the 'Agreement in Furtherance of Conditions of Approval for Extending the Use of the
Modular Units,' executed on November 6, 2015.
PASSED AND ADOPTED this 27th day of March, 2018, by the following roll call vote:
AYES: Commissioners: Dodd, Hernandez, Krey, and Rivlin
NOES: Commissioners: Rich
ABSENT: Commissioners:Ostrowski
ABSTAIN: Commissioners:
APPROVED
ATTEST:
Paul Kermoyan, Secretary
Michael Rich, Chair