PC Res 3839
RESOLUTION NO. 3839
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2007-128) FOR THE ESTABLISHMENT OF A PRIVATE SCHOOL
WITHIN AN EXISTING BUILDING ON PROPERTY OWNED BY FIRST
CONGREGATIONAL CHURCH OF SAN JOSE LOCATED AT 1980
HAMILTON AVENUE IN A P-F (PUBLIC FACILITIES) ZONING
DISTRICT. APPLICATION OF MS. ELIZABETH ASADI, ON BEHALF
OF CARDEN DAY SCHOOL. FILE NO: PLN2007-128.
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 PLN2007-128.
1. The General Plan land use designation for the project site is Institutional. The
establishment of a private school in an existing building is consistent with this General
Plan designation.
2. The zoning designation for the project site is P-F (Public Facilities). The establishment
of a private school in an existing building will be compatible with the P-F zoning
designation with approval of a Conditional Use Permit.
3. The establishment of a private school in an existing building is consistent with the
existing church uses on the property. The limitation of the proposed school use until
June 2012 is consistent with prior approvals by the Planning Commission.
4. The existing site provides 149 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 classroom use is not intensifying from the previous classroom use and no
additional square footage is being added.
6. 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.
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.
Planning Commission Resolution No. 3839
PLN2007-128 - 1980 Hamilton Avenue - Use Permit - Carden Day School
Page 2
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 (PLN2007-128) to allow the establishment of a private school within an existing
building on property owned by First Congregational Church of San Jose located at 1980
Hamilton Avenue in a P-F (Public Facilities) 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-128) for
the establishment of a private school (Carden Day School) within an existing building
on property owned by First Congregational Church of San Jose, located at 1980
Hamilton Avenue and subject to the following:
Planning Commission Resolution No. 3839
PLN2007-128 - 1980 Hamilton Avenue - Use Permit - Carden Day School
Page 3
a. Proposed school use shall be consistent with the applicant's description allowing a
maximum of 80 students for a Junior Kindergarten through Third Grade private
school to operate on the project site from September 2007 to June 2012.
b. The project shall substantially conform to the project plans and project description,
received by the Planning Division on August 20,2007, except as may be modified
by the conditions of approval contained herein.*
* Planning sign off is required to prior to Building Permit final. Construction not in
substantial compliance with the approved project plans shall not be approved without
prior authorization of the necessary approving body.
3. 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,
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.
4. 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.
5. Operational Hours: The hours of operation shall be restricted to 7:30 a.m. to 6:00 p.m.,
Monday through Friday from September through Mid-June. At no time shall business
related activity occur between the hours of 11 :00 p.m. and 6:00 a.m.
6. Number of Students and Staff: The maximum number of students shall not exceed 80
students at anyone time. The maximum number of full time staff shall not exceed 12
people and the number of part time staff shall not exceed 5 people. Any increase or
modification to the number of students shall require approval of a Modification to the
Conditional Use Permit by the Planning Commission.
7. Siqnaqe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
8. 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.
9. Loiterinq: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
10. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
Planning Commission Resolution No. 3839
PLN2007-128 - 1980 Hamilton Avenue - Use Permit - Carden Day School
Page 4
11. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards of Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. All access for the school should be from Hamilton Avenue and
Phantom Avenue. Access into the site from Leigh Avenue and out of the site onto
Leigh Avenue shall be constrained to right turns only.
Building Division
12. Permits Required: A building permit application shall be required for the proposed
change in use from A2.1 to E-1 in the existing structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
13. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
14. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
15. 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. All
requirements pertinent to E-1 occupancies shall be addressed.
16. 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.
17. 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.
18. 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.
19. 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.
Planning Commission Resolution No. 3839
PLN2007-128 - 1980 Hamilton Avenue - Use Permit - Carden Day School
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20. 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.
21. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
22. PG&E: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P. G. & E. concerning utility
easements, distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this 25th day of September, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Gibbons, Rocha and Roseberry
None
Ebner
None
APPROVED:~~ ~
Michael Rocha, Chair