PC Res 3218RESOLUTION NO. 3218
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
98-15) TO ALLOW THE ESTABLISHMENT OF A PRIVATE SCHOOL ON
PROPERTY LOCATED AT 90 E. LATIMER AVENUE IN A PF (PUBLIC
FACILITIES) ZONING DISTRICT. APPLICATION OF CASA DI MIR
MONTESSORI ELEMENTARY SCHOOL. FILE NO. UP 98-15.
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 UP 98-15:
The project site is located on property with a Public Facilities zoning designation and a
Public, Semi-Public General Plan designation.
The proposed private school for children in Pre-Kindergarten, Kindergarten, and Grades 1-6
is a semi-public use permitted in the P-F (Public Facilities) zoning district with approval of a
Use Permit.
o
During the first full school year of operation, the school is limited to a maximum enrollment
of 90 students; at the end of the first full school year of operation, the Planning Commission
may conduct a review of the Use Permit and increase the maximum enrollment up to a total
of 120 students.
The hours of operation for office use are limited to the hours of 6 a.m. to 10 p.m., Monday
through Friday; the hours of operation for maintenance activities are limited to 8 a.m. to 8
p.m., and the hours of operation for school instruction, including before and after school
care, are 7:00 a.m. to 7:00 p.m., Monday through Friday.
o
The school will occasionally occupy the site during evening and weekend daytime hours for
special events (i.e. school performances, Open House, science fair, clean up days, etc.) and
for parent/teacher and board meetings.
o
The proposed additional landscaping will provide additional screening and a buffer between
the areas of the parking lot to be used for playground uses and the adjacent residential
properties.
The proposed number of parking spaces will adequately serve the teachers and employees on
site during school instruction hours of operations; for occasional evening and weekend
events which require more parking than can be accommodated on site, the school will make
arrangements to provide additional off-site parking accommodations and will shall provide
shuttle service or other transportation to the facility.
Planning Commission Resolution No. 3218
UP 98-15 - 90 E. Latimer Avenue - Casa di Mir Montessori Elementary School
Page 2
o
The proposed school is anticipated to create some measure of noise audible from the
adjacent residential properties; however, the school will operate in a manner that will not
unreasonably disturb adjacent residents.
o
The proposed on-site circulation plan is adequate to ensure that a safe and efficient student
drop-off and pick-up system will be implemented with the presence of an adult on-site
parking monitor to guide parents where to park and to keep cars moving efficiently.
10.
The project, as conditioned, is compatible with the surrounding residential neighborhood
and uses.
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed use is consistent with the General Plan and Zoning Ordinance.
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 the proposed use, or be detrimental to property and improvements in the
neighborhood or to the general welfare of the City.
The proposed site is adequate in size and shape to accommodate the proposed private school
in order to integrate the use with uses in the surrounding neighborhood.
The site, as conditioned, is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such use would generate, with the adherence to the proposed on-site
circulation plan.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. 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
1. Approved Project: Approval is granted for a Use Permit (UP 98-15) to allow the
establishment of a private school for up to 120 children in Pre-Kindergarten, Kindergarten,
and Grades 1-6, within an existing building on property located at 90 East Latimer Avenue.
Initially, no more than 90 children are permitted to be enrolled at the school. At the
completion of one (1) full school year of operation, the applicant may request to increase the
number of students up to a total of 120 students, subject to review and approval by the
Planning Commission as described in Condition Number 2 below. The project shall comply
with the following submitted plans, except as modified herein in the Conditions of
Approval:
Planning Commission Resolution No. 3218
UP 98-15 - 90 E. Latimer Avenue - Casa di Mir Montessori Elementary School
Page 3
o
o
A. Revised Site Plan, stamp dated as received by the Planning Department on February 2,
1999, prepared by Russell Gamble, Architect.
B. Floor Plan, stamp dated as received by the Planning Department on February 2, 1999,
prepared by Russell Gamble, Architect.
C. On-site circulation Plan, stamp dated as received by the Planning Department on
February 2, 1999, prepared by Russell Gamble, Architect.
D. Directional map to the school site using arterial streets, stamp dated as received by the
Planning Department on February 2, 1999, prepared by Russell Gamble, Architect.
E. Perimeter landscaping elevations, stamp dated as received by the Planning Department
on February 2, 1999, prepared by Russell Gamble, Architect.
One-Year Review to Consider Increase in Student Enrollment: The applicant may request
that the Planning Commission conduct a review of the Use Permit, after completion of one
(1) full school year of operation, to allow an increase in student enrollment. The Planning
Commission may approve increasing enrollment from 90 students up to a maximum of 120
students, if the Planning Commission finds that the applicant has complied with the
conditions of approval. The Planning Commission, under the course of this review, may
modify and/or impose additional conditions of approval on the Use Permit to ensure that the
use does not unreasonably disturb the surrounding neighborhood.
USe Permit Expiration: The Use Permit (UP 98-15) for this project shall be activated within
one (1) year of the Planning Commission approval date. All conditions of approval
specified herein must be completed within one year from the date of approval or the Use
Permit shall be void.
Parking:
A. A minimum of 32 parking spaces shall be maintained on site as indicated on the
approved site plan for UP 98-15.
Bo
For any meetings and/or events which anticipate a number of vehicles that cannot be
fully accommodated on-site, the school shall provide alternative off-site locations for
parking and shall provide shuttle service or other transportation to the facility.
Hours of Operation:
A. Office Hours The hours of operation for office use of the facility is limited to the hours
of 6:00 a.m. to 10:00 p.m., Monday through Friday.
Bo
School Instruction Hours of operation for school instruction, including the regular
instruction hours, summer school programs, "before school care" program, and "after
school care" program, are limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
Planning Commission Resolution No. 3218
UP 98-15 - 90 E. Latimer Avenue - Casa di Mir Montessori Elementary School
Page 4
o
Co
Maintenance Operations With the exception of designated "School Clean Up Days" for
the school by staff, students and their families, the hours of operation for regular
maintenance activities shall be from the hours of 8:00 a.m. to 8:00 p.m., Monday
through Friday. Maintenance activities shall include, but not be limited to: landscape
maintenance, floor cleaning, janitorial services and parking lot sweeping. "School
Clean Up Days" shall be considered "Weekend Uses" and shall follow hours of
operation permitted for Weekend Use.
D. Weekend Use: Use of the facility on Saturdays and Sundays shall be limited to 9:00
a.m. to 6:00 p.m.
E. Weeknight Use Evening events and meetings shall not extend past 9:30 p.m. and the
facility shall be closed and all vehicles shall leave the premises by 10:00 p.m.
On-Site Circulation and Student Pick-up and Drop-off:
A. The applicant shall ensure that vehicles are not stopping and/or stacking in an unsafe
manner within the public right-of-way and/or are not impeding traffic within the public
right-of-way as a result of student drop-off.
The school shall assign an adult parking monitor during morning hours to direct parents
where to park and safely drop-off students and to direct traffic to avoid off-site queuing
of vehicles on the street. The parking monitor shall also ensure that the majority of
vehicles (75% of vehicles or more) accessing the school site during student drop-off in
the morning between 7:00 a.m. and 9:00 a.m. are accessing from Winchester Boulevard
to East Latimer Avenue.
C. The school shall also institute a staggered arrival and departure plan to avoid traffic
back-ups on East Latimer Avenue.
Do
In the event student drop-off of children causes unsafe queuing and stacking situations
in the public right-of-way, the applicant shall provide van and/or bus transportation to
reduce the number of vehicular trips to the site.
Playground Activity:
A. Outdoor playground use shall be limited to the hours between 10:00 a.m. and 5:00 p.m.
B. The driveway gate on the west side of the property shall be closed when the area is
being used as a playground.
C. No play equipment structures shall be located closer than lO-feet to any adjacent
residential property lines.
Planning Commission Resolution No. 3218
UP 98-15 - 90 E. Latimer Avenue - Casa di Mir Montessori Elementary School
Page 5
o
o
10.
11.
12.
Noise:
A. 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.
In the event the City receives verifiable and repeated number of complaints pertaining
to noise, the Planning Commission may review the 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 any one time, and/or requiring the installation of surface acoustical treatment on the
playground.
Landscaping:
A. Prior to the issuance of building permits, the applicant shall submit landscaping and
irrigation plans for review and approval by the Community Development Director.
Bo
Within the perimeter landscape planters surrounding the property, the applicant shall
install ground-cover, minimum 5-gallon shrubs and clinging vines, and minimum 24-
inch box evergreen trees with spacing as determined by the Community Development
Director. The number and type of evergreen tree to be planted shall require approval
by the Community Development Director prior to issuance of building permits.
C. The applicant shall install minimum 3-foot high wooden lattice extensions to the
existing block wall surrounding the subject property.
Property Maintenance: The property is to be maintained free of any combustible trash,
debris, litter and weeds.
Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit.
A Sign Permit may be granted upon complete submission of a Sign application and approval
by the Community Development Department in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit is issued.
Roof-mounted mechanical equipment: No new and/or replaced roof-mounted equipment
shall be located on the roof of the building without providing screening of the mechanical
equipment and obtaining approval of such screening methods by the Community
Development Director.
Planning Commission Resolution No. 3218
UP 98-15 - 90 E. Latimer Avenue - Casa di Mir Montessori Elementary School
Page 6
13.
14.
Building Division Requirements: The applicant shall comply with the following
A. The applicant shall comply with all Building Code requirements and obtain necessary
permits as determined by the City's Building Division, including disabled person access
and parking requirements of the State Building Code.
B. Provide a one (1) hour occupancy separation between the school (E) and the office (B)
occupancies per UBC T 3-B.
C. Provide a minimum of two (2) exits from each day care room with an occupant load
greater than seven (7), based upon an occupant load factor of 35 square feet per occupant
per UBC T 10~A.
Provide panic hardware from the Multipurpose Room to the loading dock. Additional
doors leading from the Multipurpose Room through the "3-6 Class" and the "9-12
Class" to the "Entry" doors shall have panic hardware per UBC 1017.11.
The railing at the Loading Dock shall be a minimum 42-inches in height and have no
openings greater than 4 inches per UBC 509. The Loading Dock stairs conform to UBC
1006 and CAC D 7.2 for design and construction.
F. Provide exit signage and illumination at all exterior doors per UBC 1012, 1013.
G. The entrances/exits off Latimer Avenue shall be disabled-accessible per UBC 1103.2.
H. All areas shall comply with light, ventilation and sanitation requirements per UBC
Chapter 12.
I. Final submitted plans to be designed, stamped and signed by a Licensed Architect or
Engineer per UBC 106.3.4.
Complaint Procedure:
A. In the event the residents wish to make complaints regarding possible violations of
conditions of approval, the residents shall first make reasonable efforts to contact the
school to resolve any disputes. Prior to occupancy of the school building, the school
shall be required to provide all residents within a 300 foot radius of the subject property
the names and phone numbers of persons to contact in the event residents wish to
contact the school. The school shall make a good faith effort to resolve the
neighborhood complaints. If the complaint is not resolved by the school, the residents
may bring the complaint to the attention of the City for verification of violation of a
condition of approval.
Bo
The school shall also maintain a list of all residential addresses within a 300 foot radius
of the subject property and notify residents residing at such addresses of each evening
and weekend event anticipated by the school. Such notification may be in the form of a
newsletter sent to all residents and shall include type of event, date and time.
Planning Commission Resolution No. 3218
UP 98-15 - 90 E. Latimer Avenue - Casa di Mir Montessori Elementary School
Page 7
15.
Review and/or Revocation of Permit:
A. The applicant, and any of its successors, shall operate and maintain this use in a manner
which is not objectionable, offensive and/or incompatible with surrounding uses.
Operation of this use in violation of the Use Permit or City of Campbell or State of
California standards, codes and ordinances shall be grounds for revocation of the Use
Permit.
Bo
Upon receiving notification of a violation of a condition of approval, the Community
Development Department will investigate the complaint. Upon verification of the
complaint, the department will notify the school in writing, giving a reasonable amount of
time to comply with the conditions of approval. Upon failure to satisfactorily comply
with the conditions of approval and/or the violation occurs repeatedly, the Community
Development Department shall refer the matter to the Planning Commission through the
Revocation procedure of the Campbell Municipal Code, at which time the Planning
Commission, after a public hearing, may revoke, suspend or modify the Use Permit.
FIRE DEPARTMENT
16. Review of this developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes. Prior
to performing any work, the applicant shall apply to the Building Department for applicable
construction permits.
17.
Comply with the 1994 California Building Code relative to area limitations and exiting
issues for this occupancy type. A time of building permit application, the applicant shall
show compliance if necessary.
PASSED AND ADOPTED this 9th day of February, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
ATTEST~
Francois, Hernandez, Lindstrom, Lowe
Gibbons, Jones, Keams
None
None
APPROVED:
Brad Jones, L:>h~ir