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PC Res 3674 RESOLUTION NO. 3674 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2005-86) TO ALLOW THE ESTABLISHMENT OF A PRIVATE SCHOOL IN EXISTING STRUCTURES AT AN EXISTING CHURCH SITE ON PROPERTY OWNED BY THE FIRST BAPTIST CHURCH OF CAMPBELL LOCATED AT 400 LLEWELLYN AVENUE IN THE P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MR. DAVID WALLACE, ON BEHALF OF VERITAS CHRISTIAN ACADEMY. FILE NO. PLN2005-86. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-86: 1. The proposed private school will result in a use that is consistent with the Institutional General Plan land use designation for the property. 2. The proposed private school is consistent with the P-F (Public Facilities) zoning designation for the property with approval of a Conditional Use Permit. 3. Land uses surrounding the project site include residential uses to the east and south, the United States Post Office to the north, and residential and commercial uses to the west. 4. The school would accommodate K-12 students, for a maximum of 63 students at any given time, and utilize four existing classroom buildings. 5. The proposed regular classroom hours would be from 8:00 a.m. to 3:15 p.m., with the bulk of school activity occurring between 7:30 a.m. and 5:00 p.m. 6. The site plan proposes 88 parking spaces, 85 standard spaces and three accessible spaces. 7. Adequate parking, circulation, and access are provided for all users. 8. A letter report was prepared by DKS Associates to evaluate the traffic and circulation for the proposed project. The proposed project would generate 50 AM peak hour trips (30 inbound, 20 outbound) and 157 daily trips. The letter report concludes that no adverse traffic impacts would occur as a result of the project. 9. Proposed site modifications to accommodate the new private school include a new trash enclosure to house existing trash receptacles, a new outdoor lunch area, a new loading zone for child drop off and pick up, and re-striped parking stalls and aisle way to accommodate the new loading zone. Planning Commission Resolution No. 3674 PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy Page 2 10. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (Existing Facilities) 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 project, as conditioned, will aid in the harmonious development of the immediate area. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 4. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 5. 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. 6. The proposed use is consistent with the General Plan. 7. 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. 8. 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. 9. 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. 10. 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 Planning Commission Resolution No. 3674 PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy Page 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2005-86) to allow the establishment of a private school in existing structures at an existing church site on property owned by the First Baptist Church of Campbell located at 400 Llewellyn Avenue 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Proiect Approval: Approval is granted for a Conditional Use Permit (PLN2005-86) to allow the establishment of a private school in existing structures at an existing church site on property located at 400 Llewellyn Avenue. The project shall substantially comply with project description and plans stamped as received by the Planning Division on July 21,2005, except as may be modified by the conditions of approval herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Number of Students: The maximum number of students shall not exceed 63 students and the maximum amount of classroom space allocated to the private school use shall be 4,309 square feet. Any increase to the number of students or classroom space shall require approval of a Modification to the Conditional Use Permit by the Planning Commission. Planning Commission Resolution No. 3674 PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy Page 4 5. Sublease Tenants: Any other school or sublease tenants shall be required to receive approval of a separate Conditional Use Permit by the Planning Commission prior to occupying any space on the site. 6. Outdoor Lunch/Seatina Area: The applicant shall provide a new outdoor lunch/seating area. The new tables/benches in the lunch/seating area shall incorporate umbrellas or other suitable shade mechanism to provide a shaded outdoor area. 7. Propertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the property and buildings free from graffiti, trash, rubbish, posters and stickers placed on the property. 8. Outdoor Storaqe: No outdoor storage is permitted on the subject property. No equipment, materials, or vehicles shall be stored outside the building or within the parking lot. 9. On-Site Liahtinq: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 10. Landscapinq Maintenance: The owner/operator of the property shall provide on- going maintenance of the existing landscaping on the property. 11. Parkinq, Drivewavs, and Maintenance: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code and shall include the following: a. The western most spaces in the parking lot shall be re-striped and two-way traffic arrows added, allowing two-way traffic on the western most parking aisle. b. A new striped loading zone for child drop-off and pick-up. c. A new striped crosswalk from the school structures to the playground and outdoor lunch areas. d. New paint for all existing parking stalls and traffic arrows to remain. 12. Trash and Recvclinq Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six Planning Commission Resolution No. 3674 PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy Page 5 inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 13. Siqns: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 (Signs) of the Campbell Municipal Code. 14. Noise: a. Noise Standards: The use of the facility shall not unreasonably disturb adjacent residential uses; however, it should be understood that the school will create some measure of noise audible from the adjacent residential uses. In an effort to ensure that no noise unreasonably disturbs adjacent residents, the school shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise in the playground that may unreasonably disturb adjacent residents. b. Noise Manaqement: In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Conditional Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise which may include limiting of hours of playground use, limiting the maximum number of students permitted in the playground at anyone time, and/or requiring the installation of surface acoustical treatment on the playground. 15. Operational Hours: The hours of operation for the school use shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday. Building Division: 16. Permits Reauired: A building permit application shall be required for the proposed change in use in the existing assembly use structure. The current use is 'A2.1 J and the proposed new use is 'E 1'. Those portions of the building propose for the E 1 use shall comply with California Building Code requirements for E1 use. The building permit for the change in use shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 17. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Planning Commission Resolution No. 3674 PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy Page 6 18. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19. 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. 20. 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 address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 21. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 22. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 23. P.G. &E.: The applicant is advised to contact P.G. &E. 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. The applicant should also consult with P.G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 24. Title 24 Accessibilitv - 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 sidewalks. 25. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 26.Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department Planning Commission Resolution No. 3674 PLN2005-86 - 400 Llewellyn Avenue- Use Permit -- Veritas Christian Academy Page 7 PASSED AND ADOPTED this 23rd day of August, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, and Rocha Gibbons Ebner and Roseberry None APPROVED~ -4 ç 5~ Iza h Gibbons, Chair ATTEST: ¿~ -¡~ / haron Fierro, Secretary