PC Res 3718
RESOLUTION NO. 3718
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-42) TO ALLOW THE ESTABLISHMENT OF A NINTH
GRADE FOR A CHARTER SCHOOL WITHIN AN EXISTING
CHURCH SITE ON PROPERTY OWNED BY FIRST
CONGREGATIONAL CHURCH OF SAN JOSE LOCATED AT 1980
HAMILTON AVENUE IN A P-F (PUBLIC FACITILlTIES) ZONING
DISTRICT. APPLICATION OF MS. SOO ZEE PARK, ON BEHALF
OF LEADERSHIP PUBLIC SCHOOLS. FILE NO: PLN2006-42.
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 PLN2006-42:
1. The General Plan land use designation for the project site is Institutional. The use of
the modular building and church buildings as classrooms is consistent with this
General Plan designation.
2. The zoning designation for the project site is P-F (Public Facilities). The use of the
modular building and church buildings as classrooms is an allowed use in this
zoning district and is consistent with the original Use Permit.
3. The use of a modular building and classrooms is consistent with the existing church
uses on the property. The limitation of the proposed school use until June 2007 is
consistent with prior approvals by the Planning Commission.
4. The existing site provides 159 parking shared parking spaces for the church and the
school. There is adequate parking on-site to accommodate the proposed use based
upon the staggered use of the site by the church and school uses.
5. The portable classroom has been on the property since 1996 without causing any
reported parking issues.
6. The proposed use decreases the number of staff/administration from 30 to 10 staff
members and maintains the enrollment cap at 112 students.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(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 is consistent with the General Plan and Zoning Ordinance.
Planning Commission Resolution No. 3718
PLN2006-42 -- 1980 Hamilton Avenue -- Use Permit - Leadership Public School
Page 2
2. The establishment, maintenance, or operation of the use will not be detrimental to
the public health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood of such proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general welfare
of the City.
3. The proposed use is compatible with the uses in the area.
4. The subject site is adequate in size and shape to accommodate the yards, walls,
fences, parking and loading facilities, landscaping and other development features
required in order to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development
of the immediate area.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2006-42) to allow the establishment of a ninth grade for a
charter school within an existing church site on property owned by First Congregational
Church of San Jose located at 1980 Hamilton Avenue in a C-2-S (General
Commercial) Zoning District.
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 (PLN2006-42) to
allow the establishment of a 9th grade for a charter public high school use
Planning Commission Resolution No. 3718
PLN2006-42 -- 1980 Hamilton Avenue -- Use Permit - Leadership Public School
Page 3
(Leadership Public High Schools) of a portable classroom buildings and church
meeting rooms located at 1980 Hamilton Avenue until June 2007 to the following:
a. Proposed school use shall be consistent with the applicant's description allowing
a maximum of 112 students for a 9th grade level of a public charter high school to
operate on the project site from August 2006 to July 2007.
b. The project shall substantially conform to the project plans stamped as received
by the Planning Division on April 19, 2006 and the project description stamped as
received on April 19, 2006, except as may be modified by the conditions of
approval contained herein.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval
shall be valid for one year from the date of final approval and shall expire July 1,
2007. Within this period the use must be established on the property and the
conditions of approval satisfied. Failure to meet this deadline 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 112
students at anyone time. Any increase or modification to the number of students
shall require approval of a Modification to the Conditional Use Permit by the
Planning Commission.
5. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 10:00
p.m. Monday through Friday to allow administration and parenUteacher meetings.
Instructional hours shall be limited from 8:00 a.m. to 3:00 p.m. Monday through
Friday.
6. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property.
7. Siqnaqe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the standards
of Chapter 21.30 (Sign Ordinance) of the Campbell Municipal Code.
8. Trash Enclosure: The owner or applicant shall maintain a trash enclosure(s) to
accommodate all dumpsters and recycling bins on site per City standards.
Enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and
have self-closing doors of a size specified by the Fire Department. The Community
Planning Commission Resolution No. 3718
PLN2006-42 -- 1980 Hamilton Avenue -- Use Permit - Leadership Public School
Page 4
Development Director shall approve the location and design of any new trash
enclosure(s).
9. Parkinq and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards of Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
Building Division
10. Permits Required: A building permit application shall be required for the proposed
new education use in the (e) assembly structure. The building permit shall include
Electrical, Plumbing, or Mechanical fees when such work is part of the permit.
11. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
12. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
13. 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.
14. 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.
15. Title 24 Enerqy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
16. 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.
17. Non-point Source Pollution Control Proqram. 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.
Planning Commission Resolution No. 3718
PLN2006-42 -- 1980 Hamilton Avenue -- Use Permit - Leadership Public School
Page 5
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 sidewalks.
19. Title 24 Hardship-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.
20.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
b. Santa Clara County Department of Environmental Health
PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Francois, Rocha and Roseberry
None
Doorley and Gibbons
None
APPROVED: ~a k/"'-..~
Bob Alderete, Chair
ATTES~ 7~
haron Fierro, Secretary