PC Res 4447RESOLUTION NO. 4447
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2018-118) TO ALLOW A COMMERCIAL SCHOOL AND
COMMERCIAL CHILD DAY CARE CENTER (D.B.A. ROSSINCA-
CARDEN) ON PROPERTY LOCATED AT 1980 HAMILTON AVENUE.
FILE NO: PLN2018-118
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 No. PLN2018-118:
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 bysingle-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. Carden Day School, a private pre-school through 8th grade, operated on the
Church's property from 2007 until 2018 under various Conditional Use Permits which
have been summarized as follows:
a. On September 27, 2007, the Planning Commission adopted Resolution No.
3829 approving a Conditional Use Permit (PLN2007-128) for private
school, known as Carden Day School which 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.
b. On September 10, 2013, the Planning Commission adopted Resolution No.
4113 approving 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.
c. On September 8, 2015, the Planning Commission adopted Resolution No.
4239 approving ,a City-initiated Modification to the aforementioned
Conditional Use Permit that allowed alimited-term extension of approval
Planning Commission Resolution No. 4447
PLN2018-118 -Rossinca-Carden Day School
Conditional Use Permit
Page 2 of 4
subject to the School pursuing construction of permanent classroom
facilities.
d. On January 26th, 2016 the Planning Commission adopted Resolution No.
4272 approving a Conditional Use Permit with Site and Architectural
Review (PLN2015-248) and a Parking Modification Permit (PLN2015-361)
and increased the school's capacity to a maximum of 150 students and
analyzed the traffic and circulation impacts of the use through a traffic
impact analysis.
7. Due to the repeated failure to satisfy conditions of approval (e.g. remove portable
classrooms and begin the construction process for permanent facilities) the Planning
Commission decided to revoke the school's Conditional Use Permits (PLN2015-196
&.PLN2015-248). Although Carden Day School appealed the Planning Commission's
decision to the City Council, the operators withdrew their appeal the night of the
Council Meeting, on June 5, 2018, allowing the Planning Commission decision to
stand.
8. To minimize disruption to students, the Planning Commission's decision deferred the
effective date to close the school and remove the portables until June 30, 2018.
9. At this time the school is closed and the portables have been removed.
10. The proposed project is to allow a commercial school and commercial day care
facility (d.b.a. Rossinca-Carden International STEAM Academy) to make use of
existing church classrooms and facilities. The business plans to use 9 classrooms (7
dedicated, 2 shared), the Church's fellowship hall, choir room, and kitchen facilities.
11. At peak operations, the facility would have a total of 124 students with ages ranging
from preschool through 5th Grade and 27 staff onsite.
12. The business intends to operate between 7:00 a.m. until 8:00 p.m. Monday through
Friday, with business (public) hours occurring between 7:30 p.m. and 7:45 p.m.
Monday through Friday. On occasion, the school will host special events (e.g. Open
Houses, Concerts, Fundraiser) which are anticipated to draw larger crowds than
typical day-to-day school operations and run as late as 10:00 p.m. in the evening
operational hours.
13. While only eight events are proposed per year, a condition of approval would allow
up to ten events to provide some additional flexibility. To ensure events remain
ancillary to the primary .land use activity, and do not adversely disrupt the
surrounding residential community, any additional events would require prior written
authorization by the Community Development Director.
14. The Planning Commission's review of the proposed project encompassed zoning
and General Plan land use conformance, noise, circulation, traffic, and parking.
Planning Commission Resolution No. 4447
PLN2018-118 - Rossinca-Carden Day School
Conditional Use Permit
Page 3 of 4
15. Applicable General Plan and Downtown Development Plan Policies and Strategies
considered by the Planning Commission include:
Policy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street
system by providing adequate sized driveways, sufficient queuing and efficient
circulation.
Policy LUT-11.2a: Services Within Walking Distance: Encourage neighborhood serving
commercial and quasi-public uses, such as churches, schools, and meeting
halls to locate within walking distance of residential uses.
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic
balance within the City while maintaining a balance with other community land
use needs, such as housing and open space, and while providing high quality
services to the community.
16. Based on a Traffic Impact Analysis prepared for a previous project, the project, which
would have fewer students than what was studied, will not exceed, either individually
or cumulatively, a LOS standard established by the Congestion Management
Program for designated roads or highways.
17. The project may be found Categorically Exempt under Section 15301, Class 1 of the
California Environmental Quality Act (CEQA) pertaining to the operation and leasing,
permitting, and minor alterations of an existing private structure involving negligible or
no expansion of use beyond that existing at the time of the lead agency's
determination.
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 Conditional Use
Permit approval, and complies 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 are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property; and
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working iri the neighborhood of the proposed
Planning Commission Resolution No. 4447
PLN2018-118 -Rossinca-Carden Day School
Conditional Use Permit
Page 4 of 4
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city.
7. The project will aid in the harmonious development of the immediate area; and
8. The project is consistent with applicable adopted design guidelines.
9. The project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the operation and leasing, permitting,
and minor alterations of 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 (PLN2018-118) to allow a commercial school and commercial child day care
center (d.b.a. Rossinca-Carden) on property located at 1980 Hamilton Avenue, subject
to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 10th day of July, 2018, by the following roll call vote:
AYES: Commissioners: Ching, Krey, Rivlin, Hernandez
NOES: Commissioners:
ABSENT: Commissioners: Rich, Ostrowski, Dodd
ABSTAIN: Commissioners:
APPROVED:
. J Ile Hernandez, Actin C air
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2018-118)
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 Conditional Use Permit (PLN2018-118)
to allow a commercial school and commercial child day care center located at 1980
Hamilton Avenue. The project shall substantially conform to the Project Plans
stamped as received by the Community Development Department on June 25, 2018
and Project Description stamped as received by the Community Development
Department on June 8, 2018, except as may be modified by the Conditions of
Approval contained herein.
2. Removal & Restoration of Landscaping: The pavement and grounds surrounding and
previously under the removed portables, partially completed trash enclosure and
partially completed entry canopy shall be removed and re-landscaped prior to the
start of the 2018 Fall School Year (current year) or the applicant shall provide a
$10,000 cash deposit prior to the start of the 2018 Fall School Year to ensure their
removal and/or completion prior to registering students for the Fall semester in 2019
(next year; after summer recess). Staff may charge against this deposit to cover the
time/cost for preparation of a cash deposit agreement (generally an hour of staff
time). Further, all unpermitted structures shall be removed prior to the start of the
2018 Fall School Year (current year), including the covered canopy structures and
onsite cargo containers.
3. Traffic and Safety Improvements: The applicant shall coordinate with the Public
Works Department to review potential off-site improvements, including, but not limited
to red-curbing, lane markings (e.g., "keep clear") and flashing speed signs, that may
be necessary to minimize traffic impacts related to the School, as determined by the
Public Works Director. The Director shall determine what improvements, if any, and
estimated deposit to cover their installation will be required within 30-days of the date
of final approval. The School will be responsible to provide a deposit to cover the
estimated costs of such improvements within 30-days of the Public Works Director's
determination. The timing of the installation of the improvements shall be to the
satisfaction of the City's Traffic Engineer and Public Works Director.
Further, in the event a traffic concern is identified the applicant shall be required to
hire a traffic consultant to prepare a striping and signage plan to minimize impacts.
Conditions of Approval
Conditional Use Permit - PLN2018~118
Paae 2 of 7
4. School Activities: School activities shall be scheduled so as to not interfere with the
operation of the Church. 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.
5. Operational Standards: The operation of the private school and related commercial
daycare center shall be subject to the following operational standards:
a. Number of Children: The maximum number of children on site shall not exceed
one hundred and twenty-six (126).
b. Number of Teachers: The maximum number of faculty onsite shall be twenty-
seven (27).
c. Age of Children: All children shall be of pre-school, elementary, or intermediate
school age (up to fifth grade).
d. Extended Care: Extended care (daycare) provided before- and after-school shall
only be provided to the School's enrolled students.
e., Operational Hours: Hours of operation for the commercial school and
commercial day care center shall be restricted to 7:00 AM to 8:00 PM, Monday
through Friday. Business Hours (when students /public are present) shall be
restricted to 7:30 AM to 7:45 PM, Monday through Friday. Outdoor facilities shall
be restricted to 8:00 AM to 6:30 PM, Monday through Friday.
f. 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. Trash bins shall be stored
inside designated enclosures. In the event existing trash enclosures are not large
enough to store all trash bins, a new trash enclosure shall be required.
g. Special Events: Special events (e.g. open houses, concerts, fundraisers) shall be
scheduled as not to interfere with the operation of the Church. To ensure special
events remain ancillary to the primary land use activity, and do not adversely
disrupt the surrounding residential community, no more than 10 events per
calendar year shall be allowed unless prior written authorization by the
Community Development Director is granted.
h. Concerts: Concerts shall be conducted exclusively indoors and end by 9:00 p.m.
at night.
Unauthorized Use Prohibited: Facilities shall not be leased by private third-party
organizations (e.g. corporate events, weddings, theaters, concerts). Further, no
tickets shall be sold to any special event without prior written authorization by the
Community Development Director.
Conditions of Approval
Conditional Use Permit - PLN2018-118
Page 3 of 7
j. Property Maintenance: The school shall maintain all exterior areas of the
business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
k. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
Commercial Daycare Center: Operation of commercial child daycare shall be in
full compliancerwith Campbell Municipal Code Sec. 21.36.080 and the California
Code of Regulations. The business shall maintain in good standing the
appropriate license(s) from the California Department of Social Services.
m. 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.
n. 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 and shall not be
designated to any one user (no assigned parking).
Parking lots and drive aisles shall not be used for outdoor play
6. Lighting Details: Lighting fixtures shall comply with the Campbell Lighting Design
Standards.
7. Perimeter Fencing: Fencing surrounding the perimeter of the site shall be maintained
in good condition.
8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
9. 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.
10.One-Year Review: The Planning Commission shall hold a public hearing on or about
June 11, 2019 to evaluate the operation of the private school and related commercial
daycare center prior to fall registration in 2019. The Community Development
Conditions of Approval
Conditional Use Permit - PLN2018-118
Paae4of7
Director shall report on the operator's compliance with the conditions of approval
contained herein, any known violations of local ordinances or State laws. At such
time, as based on the Community Development Director's report, public testimony,
and any additional evidence presented, the Planning Commission determines that
conditions of approval have been violated the Planning Commission may revoke or
modify the Modified Conditional Use Permit pursuant to CMC Chapter 21.28
(Revocations and Modifications). Notwithstanding the above, any violation of the
conditions of approval may result in returning to the Planning Commission prior to
June 11, 2019 pursuant to Condition of Approval No. 9 (Revocation of Permit).
In order to cover the staff costs, the applicant shall be required to pay 50% of the cost
of a Conditional Use Permit (the fee typically charged to modify an existing permit).
This fee shall be due prior to the start of the 2018 school year (i.e. fall semester).
Building Division:
11. Permits Required: A building permit application shall be required for any proposed
Improvements to the (e) vacant classroom spaces. The building permit shall include-
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
14. 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.
15. 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.
16. 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.
17. 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.
Conditions of Approval
Conditional Use Permit - PLN2018-118
Paae 5 of 7
The specification sheet (size 24" X 36") is available at the Building Division service
counter.
18. Title 24 Accessibility -Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and public
sidewalks.
19.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Health Dept. (Kitchen)
c. Santa Clara County Fire Department
20. 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.
21. Stormwater Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel.
Storm water shall not drain onto neighboring parcels.
22.Americaris with Disabilities Act: Applicant is advised that this business is now subject
to the Americans with Disabilities Act (ADA) and places the property owner's in a
position of liability for all portions of the facility that are not accessible.
PUBLIC WORKS DEPARTMENT
The scope of this project triggers the requirement for Frontage Improvements as
required by Campbell Municipal Code 11.24.040. This scope of work does not trigger
the Image Street improvements along the Hamilton Avenue frontage, but it does trigger
ADA and sidewalk upgrade improvements along the Leigh Avenue frontage as detailed
below. The completion' of the street improvements previously initiated under
Encroachment Permit No. ENC2016-00038 will satisfy the requirements detailed below.
23. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits:
Prior to issuance of any grading or building permits for the site, the applicant shall
execute a street improvement agreement, cause plans for public street improvements
to be prepared by a registered civil engineer, pay various fees and deposits, post
security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City
Engineer. The plans shall include the following improvements to Leigh Avenue,
unless otherwise approved by the City Engineer:
Conditions of Approval
Conditional Use Permit - PLN2018-118
Paae 6 of 7
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
c. Removal of existing driveway approaches and necessary sidewalk, curb and
gutter.
d. Removal of the existing curb ramp at the southeast corner of Leigh Avenue
and Hamilton Avenue.
e.' Installation of City standard curb, gutter, detached sidewalk and ADA
compliant driveway approaches. Installation of asphalt concrete overlay per
street pavement restoration plan for utility installation and/or abandonment, as
required by the City Engineer.
f. Installation of an ADA compliant curb ramp at the southeast corner of Leigh
Avenue and Hamilton Avenue.
g. Installation of City approved street trees and irrigation at 30 feet on center.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
24. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit~signoff for any and/or all buildings, the
applicant shall have the required street improvements and pavement restoration
installed and accepted by the City, and the design engineer shall submit as-built
drawings to the City.
25. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
26. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas,
electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits
for sanitary sewer, gas, water, electric and all other utility work.
27.Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
Conditions of Approval
Conditional Use Permit - PLN2018-118
Page 7 of 7
28. Improvement Completion: Offsite improvements shall be completed prior to the start
of registration of the Fall 2019 school year.
SANTA CLARA COUNTY FIRE
29. 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.
30. Paths of Travel: Areas indicated for fire department access shall be maintained for
the life of the activity served.