PC Res 4449RESOLUTION NO. 4449
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2017-406) TO FORMALIZE ESTABLISHMENT OF
A PRIVATE SCHOOL AND COMMERCIAL CHILD DAY CARE
CENTER (SAN JOSE CHRISTIAN SCHOOL) AND AN
ANCILLARY PUBLIC ASSEMBLY USE (LIVING HOPE
COMMUNITY CHURCH) AND PRIVATE LANGUAGE SCHOOL
(SOUTH BAY GERMAN LANGUAGE SCHOOL) ON CAMPBELL
UNION SCHOOL DISTRICT PROPERTY (FORMER DOVER
SCHOOL), LOCATED AT 1300 SHEFFIELD AVENUE.
FILE NO.: PLN2017-406
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 PLN2017-406:
1. The project site is the Campbell Union School District's former Dover School campus,
located within the interior of the Pruneyard Dry Creek Neighborhood, south of Hamilton
Avenue and between April Way and Manchester Avenue
2. The project site is within the P-F (Public Facilities) Zoning District and within the
Institutional General Plan Land Use District as depicted on the City of Campbell Zoning
and General Plan Maps, respectively.
3. The proposed project is an application for a Conditional Use Permit (PLN2017-406) to
formalize establishment of a private school and commercial child day care center (San
Jose Christian School) and an ancillary public assembly use (Living Hope Community
. Church) and private language school (South Bay German Language School) on
Campbell Union School District property (former Dover School).
4. The proposed project includes land uses that are conditionally permitted in the P-F
(Public Facilities) Zoning District, including. a private K-8 school, a commercial daycare
center in association with the private school, a public assembly, and a private language
school. The proposed project, therefore, is allowable in the P-F Zoning District upon
approval of a Conditional Use Permit. _
5. The proposed project, as conditioned, would be consistent with the following General
Plan policies and strategies:
Strategy LUT-5.2b: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly
neighborhoods with identifiable centers and consistent development
patterns and a range of public and private services.
Planning Commission Resolution No. 4449
1300 Sheffield Avenue
Conditional Use Permit (PLN2017-406)
Page 2 of 3
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-11.2a: Bicycle and Pedestrian Connections Between Neighborhoods: Facilitate the
construction of connected pedestrian and bicycle facilities (e.g. bridges,
pathways, sidewalks and bike lanes) between and within neighborhoods
that are attractive, well-lit, comfortable, tree lined and safe, especially within
one-half mile of major activity centers, schools and parks.
Policy OSP-2.2c: School Recreation Facilities: Participate in joint renovation and improvement
projects with the Campbell Union School District to improve school
recreation facilities for joint use. ,
Policy OSP-2.9: Work with School Districts: Continue to cooperate with affected school
districts to optimize the provision of open space on school sites identified for
sale or lease, while considering the needs of the City and school districts
Goal OSP-8: Provide high-quality educational facilities and services for all students.
Policy OSP-8.1c: Needs of Youth: Work with the school districts and local service
organizations to address the needs of all youth
6. In review of the proposed project, the Planning Commission considered the proposed
project's traffic safety, traffic congestion, site circulation, landscaping, structure design,
and site layout. ,
7. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
8. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
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;
Planning Commission Resolution No. 4449
1300 Sheffield Avenue
Conditional Use Permit (PLN2017-406)
Page 3 of 3
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 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 project is Categorically Exempt 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2017-406), subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 24th day of July, 2018, by the following roll call vote:
AYES: Commissioners: Krey, Rivlin, Hernandez, Rich, Ostrowski
NOES: Commissioners:
ABSENT: Commissioners: Ching, Dodd
ABSTAIN: Commissioners:
APPROVED
ATTEST:
Paul Ker oyan, Secretary
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Michael Rich, Chair
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit
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 grid are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Conditional Use Permit (PLN2017-406) to
formalize establishment of a private school and commercial child day care center
(San Jose Christian School) and an ancillary public assembly use (Living Hope
Community Church) and private language school (South Bay German Language
School) on Campbell Union School District property (former Dover School), located at
1300 Sheffield Avenue. The project shall substantially conform to the Revised
Project Plans and Written Description stamped as received by the Planning Division
on March 6, 2018, and January 28, 2018, respectively except as modified by the
Conditions of Approval contained herein.
2. Approval Expiration: The Conditional Use Permit approved herein (hereon
"Approval") shall be valid in perpetuity on the property subject to continued exercise
of this Approval, except upon revocation pursuant to Condition of Approval No. 9
(Revocation of Permit).
3. Previous Conditions of Approval: Upon the effective date of this Approval, the previously
approved Conditions of Approval provided in Conditional Use Permit 'UP' 83-15 (PC
Resolution No. 2242), Conditional Use Permit'UP' 84-04 (PC Resolution No. 2262), and
Reinstatement 'R' 88-03 (PC Resolution No. 25660) shall be void and shall permanently
be superseded in their entirety by the Conditions of Approval specified herein.
4. Parking Management Plan: Within sixty (60) days of this Approval, the applicant shall
prepare a parking management plan applicable to all approved land uses, for review
and approval by the Community Development Director. The plan shall include parking
management procedures, including, but not limited to, written notifications, parking
rules, allowance for overflow parking, and provision for parking monitor(s) to ensure
compliance. If the parking management plan does not adequately maintain. parking
demand to the property, the Community Development Director may commence
revocation proceedings, pursuant to Condition of Approval No. 9 (Revocation of
Permit).
5. Gate Access: The pedestrian gate located at Robway Avenue shall remain open and
made available for public access during non-school hours, generally from 4:30 PM
until 8:30 AM, Monday through Friday and all day Saturday and Sunday, unless a
more a specific time period is specified by the Campbell Union School District.
Exhibit A -Conditions of Approval ~ 1300 Sheffield Avenue Page 2
PLN2017-406 -Conditional Use Permit
6. Community Use: The School may allow use of its multi-purpose room and other
facilities by community members (e.g., neighborhood association meetings, etc.).
However, the School shall ensure that such use is scheduled so as to not interfere
with the normal operation of the approved land uses. 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.
7. Operational Requirements: The approved land uses shall be subject to the following
operational requirements. Non-compliance with these standards shall be grounds for
consideration of revocation of the Conditional Use Permit pursuant to Condition of
Approval No. 9 (Revocation of Permit).
Private Elementary and Middle School
a. Capacity: The maximum number of enrolled children shall not exceed two
hundred (200).
b. Age of Children: All children shall be of pre-k to middle school age (up to eighth
grade).
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c. Extended Care: Extended care may be provided before- and after-school to the
School's enrolled students.
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.
Commercial Daycare (Pre-School)
e. Capacity: The maximum number of children allowed shall be ninety-two (92) or
the limit set forth by California Department of Social Services Community Care
Licensing, whichever is lower.
f. CDSS License: The operator shall maintain in good standing the appropriate
license(s) from the California Department of Social Services.
g. Operational Hours: Hours of operation for the commercial daycare center shall
be restricted to 7:00 AM to 6:00 PM, Monday through Friday, exclusive of the
customary and reasonable use of the facility for administrative activity.
h. Commercial Daycare Center: Operation of the commercial daycare center shall
be in full compliance with Campbell Municipal Code Sec. 21.36.080 and the
California Code of Regulations.
Playground -Equipment Certification: New playground equipment shall be
assembled and installed in compliance with the written instructions of the
manufacturer. The playground equipment shall be assembled and installed by or
under the direct supervision of an individual who is authorized by the
manufacturer to assemble and install the equipment or prior to its first use, the
Exhibit A -Conditions of Approval ~ 1300 Sheffield Avenue
PLN2017-406 -Conditional Use Permit
playground equipment shall be
Inspector who shall certify to the
compliance with the California
regarding playground equipment.
Public Assembly (Church)
Page 3
inspected by a Certified Playground _ Safety
operator in writing that the equipment is in
Department of Health Services, regulations
j. Capacity: The maximum. number of individuals, inclusive of children and adults,
associated with the` public assembly, including worship services and youth
activities, shall be limited to two hundred (200) people, as more specifically
restricted, below.
k. Operational Hours: Worship services and youth activities shall be restricted to
Sundays from 9:00 AM to 2:00 PM. Tai Chi exercise classes shall be restricted to
Saturdays from 1:00 PM to 4:00 PM, limited to forty (40) people. Friday youth
activities shall be restricted to 6:00 PM to 9:00 PM, limited to fifty (50) children.
Private Language School
I. Capacity: The maximum number of students shall be limited to two hundred and
fifty (250).
m. Operational Hours: Hours of operation for the private school shall be limited to
Saturdays from 8:00 AM to 12:30 PM, from September through May.
8. General Requirements: The property shall be maintained consistent with the following
requirements. Non-compliance with these standards shall be grounds for
consideration of revocation of the Conditional Use Permit pursuant to Condition of
Approval No. 9 (Revocation of Permit).
a. Property Maintenance: All exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property.
b. Outdoor Storage: No equipment or materials shall be stored outside or within
the parking lot.
c. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done
between 7:00 AM and 9:00 PM Monday through Friday.
d. On-Site Lighting: On-site lighting shall be shielded away from adjacent property
in compliance with the Campbell Lighting .Design Standards (CMC Sec.
21.18.090).
e. Landscape Maintenance: All landscaping shall be maintained in accordance with
the City Landscaping Requirements (CMC Ch. 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.
Exhibit A -Conditions of Approval ~ 1300 Sheffield Avenue Page 4
PLN2017-406 -Conditional Use Permit
f. Parking: The parking lot shall be maintained in compliance with the standards in
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.
g. Noise: Regardless of decibel level, and taking into consideration the noise levels
generated by children,. no noise generated from the property shall obstruct the
free use of neighboring properties so as to unreasonable interfere with the
comfortable enjoyment of the adjoining ,properties. As such, children .shall be
reasonably monitored when playing in the playground to ensure that there are no
extensive periods of play and/or extreme occurrences of noise that may
unreasonably disturb adjacent residents. Use of whistles or amplified devices
(e.g., bull horns) is prohibited. In the event verified complaints are received by the
City regarding such noise, the Community Development Director may commence
revocation proceedings, pursuant to Condition of Approval No. 9 (Revocation of
Permit).
9. Revocation of Permit: All on-site land uses are 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 a land use permit if it is determined that the
land use(s) has become a nuisance to the City's public health, safety or welfare or for
violations of the land use permit or any standards, codes, or ordinances of the City of
Campbell. The School shall be obligated to cover the actual cost of all staff time
associated with revocation proceedings. This obligation may be enforced by the City
as permitted by law.
At the discretion of the Community Development Director, if any on-site use
generates three (3) verifiable complaints related to violations of conditions of
approval, parking, and/or noise during a (1) year period, a public hearing before the
Planning Commission may be scheduled to consider modifying conditions of approval
or revoking the Approval. The Community Development Director may commence
revocation proceedings upon the occurrence of less than three (3) complaints if the
Community Development Director determines that the alleged violation warrants such
an action. The Director may also at such time modify the operational parameters of
any approved land use to address issues affecting the public health, safety, and
welfare.