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.
DISCU...
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