PLANNED DEVELOPMENT PERMIT AMENDMENT FILE NO. PDA14-004-01 LOCATION OF PROPERTY 100 Skyway Drive ZONING DISTRICT A(PD) Planned Development GENERAL PLAN DESIGNATION Public/Quasi-Public PROPOSED USE Planned Development Permit Amendment to allow the construction of a one-story, 1,877- square foot classroom to an existing three- story gym on a 52.68 gross acre site ENVIRONMENTAL STATUS Determination of Consistency with the Valley Christian Schools EIR, Resolution No. 76915 OWNER/APPLICANT Valley Christian Schools 100 Skyway Drive San Jose, CA 95111 FACTS The Director of Planning, Building, and Code Enforcement finds that the following are the relevant facts regarding this proposed project: 1. Project Description. The subject permit will allow the construction of a single-story, 1,877- square foot classroom to an existing three-story gym on a 52.68 gross acre site. The existing gym was originally approved as part of the Valley Christian Schools Planned Development Permit (File No. PD98-016). 2. Background. On May 17, 1994, the City Council approved Planned Development Rezoning (File No. PDC 89-051) for the subject site. Subsequent approval of the Valley Christian Schools Planned Development Planned Development Permit (File No. PD98-016) on July 10, 1998, effectuated the rezoning and provided for development of a 1,200-seat church, school facilities for up to 900 middle and high school students, and associated site improvements. Additional Planned Development Permits and Permit Amendments were later approved to address changes in architectural details, site design, landscaping and other issues. This permit amends the most recently approved Planned Development Permit (File No. PD14-004). 3. Site Description and Surrounding Uses. The school, which has been in operation on the subject site since 2000, is located at the easterly terminus of Skyway Drive along a ridgeline between Monterey Road and Senter Road and west of Diamond Heights Drive. The site is currently developed with permanent classroom and administration buildings, sports and maintenance facilities, and surface parking. Mature landscaping is maintained around all buildings and parking areas. Designated protected areas of open grassland are located along the side slopes of the ridge. The site is primarily surrounded by residential neighborhoods with single-family detached residences to the north, south, east and west. A mobile home park, a City of San Jose fire station, corporation yard, and public park (Danna Rock) are also located to the south of the school. File No. PDA14-004-01 Page 2 of 11 4. General Plan. The subject site has an Envision San Jose 2040 General Plan Land Use/Transportation Diagram designation of Public/Quasi-Public. Private school uses are allowed in this designation. In addition, the proposed school is consistent with and facilitates implementation of the General Plan’s Education Goal (ES-1): “Promote the operation of high-quality educational facilities throughout San Jose as a vital element to advance the City’s Vision and goals for community building, economic development, social equity, and environmental leadership.” 5. Zoning Conformance. The proposed project conforms to the approved General Development Plan of the Planned Development Zoning. a. Setbacks. The approved PD Zoning requires that setbacks from private driveways to buildings and structures be a minimum of 10 feet. The subject buildings would be setback over 50 feet. b. Height. The maximum building height identified by the PD Zoning is 45 feet. The subject gym would be a maximum of 20 feet in height. c. Parking. The addition of the gym does not affect the student or faculty population. Therefore, parking is not affected by the subject permit. 6. Environmental Review. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, stormwater runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties. a. An Environmental Impact Report, “Valley Christian Schools”, was prepared for this project and certified on January 28, 2014, pursuant to the provisions of CEQA (Resolution No. 76915). FINDINGS The Director of Planning, Building, and Code Enforcement concludes and finds, based on the analysis of the above facts, with respect to the Planned Development Permit findings (Section 20.100.910), that: 1. The Planned Development Permit, as issued, furthers the policies of the General Plan in that the subject site has an Envision San Jose 2040 General Plan Land Use/Transportation Diagram designation of Public/Quasi-Public. Private school uses are allowed in this designation. In addition, the proposed school is consistent with and facilitates implementation of the General Plan’s Education Goal (ES-1): “Promote the operation of high-quality educational facilities throughout San Jose as a vital element to advance the City’s Vision and goals for community building, economic development, social equity, and environmental leadership.” 2. The Planned Development Permit, as issued, conforms in all respects to the Planned Development Zoning of the property in terms of use, height, and setbacks. 3. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious in that the scale of the proposed classroom building is compatible with the other structures on site. File No. PDA14-004-01 Page 3 of 11 4. The Planned Development Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency in that the permit is consistent with the City Council’s Post-Construction Urban Runoff Management Policy and complies with all relevant stormwater requirements. 5. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties in that an Environmental Impact Report, “Valley Christian Schools”, was prepared for this project and certified on January 28, 2014, pursuant to the provisions of CEQA (Resolution No. 76915). In accordance with the findings set forth above, a Planned Development Permit Amendment for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby approved. The Director of Planning, Building, and Code Enforcement expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby. APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Acceptance of Permit. Per Section 20.100.290(B), should the applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant: a. Acceptance of the Permit by the applicant; and b. Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 20 applicable to such Permit. 2. Permit Expiration. This Permit shall automatically expire four (4) years from and after the date of issuance hereof by said Director, if within such time period, a Building Permit has not been obtained or the use, if no Building Permit is required, has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the date this Permit is approved by the Director of Planning. However, the Director of Planning may approve a Permit Adjustment/Amendment to extend the validity of this Permit in accordance with Title 20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit. 3. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this permit shall be deemed acceptance of all conditions specified in this permit and the applicant's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described by the “Building Code” shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San Jose Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws. 4. Sewage Treatment Demand. Chapter 15.12 of Title 15 of the San José Municipal Code requires that all land development approvals and applications for such approvals in the City of San José shall provide notice to the applicant for, or recipient of, such approval that no vested right to a Building Permit shall accrue as the result of the granting of such approval when and if the City Manager makes a determination that the cumulative sewage treatment demand of the File No. PDA14-004-01 Page 4 of 11 San José-Santa Clara Water Pollution Control Plant represented by approved land uses in the area served by said Plant will cause the total sewage treatment demand to meet or exceed the capacity of San José-Santa Clara Water Pollution Control Plant to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region. Substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority.