REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on a Use Permit at 2499 Homestead Road
Report
BACKGROUND
On April 12, 2017 the applicant, Salvatore Caruso Design Corporation, applied for a permanent Use Permit to allow a K-12 private school (Live Oak Academy) to continue operating indefinitely on the existing church site at 2499 Homestead Road (PLN2017-12593).
Project History
At its May 25, 2011 meeting, the Planning Commission approved a two-year temporary Use Permit (PLN2011-08551) and a Mitigated Negative Declaration for a private K-8 school (Carden Academy) to operate on the property. Since the project was proposed and approved as a temporary use, the Public Works Department and Silicon Valley Power chose to defer public improvements through two Covenants Running with the Land (attached). Public improvements, including ADA upgrades, electrical conduits, and driveways, were to be implemented should the use become permanent or until so required by the City. The Covenants were signed by the property owner and recorded in December 2011.
Subsequently, in 2013, the new occupant of the school, Live Oak Academy, filed for a permanent Use Permit (PLN2013-09654) to allow a private K-12 school to operate on the site. The Planning Commission approved the Use Permit, but it was appealed by a nearby resident to the City Council. The City Council subsequently upheld the approval with added conditions, including a four year time limitation at which time the applicant could apply for a permanent Use Permit.
In July 2017, the Planning Commission approved a one year time extension to the prior 2013 four year temporary approval to allow the school to operate during the review of the subject permanent Use Permit.
2499 Homestead Road is located on the northeast corner of Homestead Road and San Tomas Expressway and is surrounded by residential uses. The subject site is currently developed with a church and the independently operated school.
DISCUSSION
The proposed project maintains the previously approved 17 modular buildings for classrooms, office and restroom facilities, and masonry trash enclosure. An existing gate and bollards prohibit cut-through traffic to and from Karen Drive Monday through Friday. The school’s enrollment does not exceed 195 students on any day as all students are on a part-time basis and have either a Monday/Wednesday/Friday schedule or Tuesday/Thursday schedule. There are 55 faculty and staff members.
As the subject Use Permit would make the school use on site permanent, the Public Works Department and Silicon Valley Power public improvements that were previously deferred through Covenants Running with the Land are now required to be implemented.
General Plan Conformance:
The project site is designated Medium Density Residential. This classification is intended for residential development at densities ranging from 20 to 36 units per gross acre. Pursuant to General Land Use Policy 5.3.1-P21, public/quasi-public uses, including schools, are allowed in all General Plan designations, provided that access is from an arterial or larger roadway. In this case, the subject site is accessed from Homestead Road, which is a six lane arterial roadway.
The project is also consistent with the following General Plan policy:
• 5.9.2‐G1: Schools and community facilities that meet the needs of all segment of the population.
The school is a K-12 nonprofit that supplements homeschool education with students attending on campus classes two to three days per week. The school thereby supports a specific segment of the population.
Zoning Conformance:
The project site is zoned Public, Quasi-Public, and Public Park or Recreation (B), which is intended to provide for public, quasi-public and public park facilities as specific land use developments. Section 18.52.040(a) of the Santa Clara City Code allows private elementary schools and associated activities to operate with a use permit.
At the request of staff, the applicant proposes to widen and improve the existing legal nonconforming front landscape area to 10 feet. All other setbacks, parking, and structures would remain unchanged.
Conclusion:
Approval of the project would provide an opportunity for an existing school use to continue operation on an existing underutilized public/quasi-public site.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
ENVIRONMENTAL REVIEW
The potential environmental impacts of the project were addressed in a Mitigated Negative Declaration prepared for the original project and which was approved in 2011. As the applicant is not requesting any additional modular buildings, enrollment increases or staffing increases, and would otherwise maintain the property in its current state of use, staff determined that further environmental review of the project is not applicable. The previously prepared IS/MND studied a school capacity of 240 full-time students with 45 faculty members. As Live Oaks Academy has only 195 students on campus per day and 55 faculty and staff members, it is within the envelope of what was previously studied.
The MND identified mitigation measures for potential Hydrology and Water Quality and Transportation impacts. These measures were incorporated into the project and reduce all impacts to a less than significant level. No significant impacts occur as a result of the project, subject to the on-going implementation of the mitigation measures. The mitigation monitoring or program reporting document from the original use permit application in 2011 is attached for reference.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
A notice of public hearing of this item was posted in at least three conspicuous locations within 500 feet of the project site and mailed to property owners within 500 feet on June 1, 2018. Planning staff has not received written comments from members of the public during the preparation of this report. Comments received before June 8, 2018 will be provided at the Planning Commission meeting of June 13, 2018 for consideration.
ALTERNATIVES
1. Approve the Use Permit to allow a K-12 grade school (Live Oak Academy) to operate on the existing church site at 2499 Homestead Road.
2. Deny the Use Permit to allow a K-12 grade school (Live Oak Academy) to operate on the existing church site at 2499 Homestead Road.
RECOMMENDATION
Recommendation
1. Approve the Use Permit to allow a K-12 grade school (Live Oak Academy) to operate on the existing church site at 2499 Homestead Road.
Staff
Prepared by: Reena Brilliot, Planning Manager
Approved by: Andrew Crabtree, Director of Community Development
ATTACHMENTS
1. Project Data and Maps
2. Mitigation Monitoring or Reporting Program
3. Live Oak Weekly Operating School Schedule
4. Resolution to Approve the Use Permit
5. Conditions of Approval
6. Covenants Running with the Land
7. Development Plans