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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 ~ , ~,. ~l' 1" 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). ~~, 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.