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PC Res 3664 RESOLUTION NO. 3664 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2005-68) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2004-73) TO ALLOW THE ESTABLISHMENT OF AN ART SCHOOL FOR A MAXIMUM OF 35 STUDENTS WITHIN AN EXISTING SCHOOL FACILITY ON PROPERTY OWNED BY THE CAMPBELL UNION SCHOOL DISTRICT LOCATED AT 775 WALDO ROAD IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MR. YOUNG LEE, ON BEHALF OF CALIFORNIA SCHOOL OF ART AND DESIGN. FILE NO. PLN2005-68. 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 application PLN2005-68: 1. The proposed art school is consistent with the Institutional General Plan land use designation for the project site. 2. The proposed project is consistent with the requirements of the P-F Public Facilities Zoning District and will be consistent with the Zoning Ordinance with approval of a Modification to a previous Conditional Use Permit. 3. A Conditional Use Permit allowing the establishment of a private school of up to 400 students at 775 Waldo Road was approved by the Planning Commission in July 2004. The proposed project would not expand this school facility. 4. The project site consists of the occupancy of a 1,720 square foot building with a maximum of 35 students. 5. No exterior modifications to the building are proposed. 6. School hours shall be restricted to 2:00 p.m. to 8:00 p.m., Tuesday - Fridays and 10:00 a.m. to 3:00 p.m., Saturdays. 7. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is consistent with the General Plan. Planning Commission Resolution No. 3664 PLN2005-68 - 775 Waldo Road - Modification to Use Permit - Art School Page 2 2. 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 Municipal Code. 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 su~ject property. 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. 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. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2005-68) to a previously approved S Conditional Use Permit (PLN2004-73) to allow the establishment of an art school for a maximum of 35 students within an eisting school facility on property owned by the Campbell Union School District located at 775 Waldo Road in a P-F (Public Facilities) Zoning District, subject to the following conditions: 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. Planning Commission Resolution No. 3664 PLN2005-68 - 775 Waldo Road - Modification to Use Permit - Art School Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Modification (PLN2005-68) to a previously approved Conditional Use Permit (PLN2004-73) to allow the establishment of an art school of 1,720 square feet on property located at 775 Waldo Road. Project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein: a. Site plan dated as received by the Planning Division on May 26,2005. b. Project description dated as received by the Planning Division on May 26, 2005. 2. Previous Conditions: All conditions of approval of the previously approved Conditional Use Permit (PLN2004-73) as approved by Planning Commission Resolution No. 3577 shall remain in effect except as follows: a. Number of students: The maximum occupancy of the students include the proposed 35 art students and three faculty shall not exceed the total of 400 students and 30 staff members previously approved by the Planning Commission. b. Operational hours: Operational hours of the art school shall be limited from 2 p.m. to 8 p.m. Tuesday though Friday and 10 a.m. to 3:00 p.m. on Saturdays. PASSED AND ADOPTED this 28th day of June, 2005, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVE~ $'Š~ liza eth Gibbons, Chair