COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

 
 

Date:

May 1, 2002

   

Set Time:

9:15 a.m.

   

Hearing Date:

May 14, 2002

 
 

To:

Honorable Board of Supervisors

 

From:

Marcia Raines, Director of Environmental Services

 

Subject:

Consideration of an appeal of the Planning Commission's decision to approve a Use Permit, pursuant to Section 6500 of the San Mateo County Zoning Regulations, to allow the operation of a private, non-profit preparatory school (grades 9-12) for approximately 60 to 70 students, located at 3540 Middlefield Road in the unincorporated Menlo Park area of San Mateo County.

 
 

County File Number:

PLN 2000-00877 (Palo Alto Preparatory School)

 

RECOMMENDATION

 

That the Board of Supervisors deny the appeal and uphold the decision of the Planning Commission and approve the Use Permit for the Palo Alto Preparatory School by making the required findings and adopting the recommended conditions of approval in Attachment A.

 

PROPOSAL

 

The applicant proposes to operate a private, non-profit preparatory school for approximately 60 students, maximum 70 students, in grades 9-12. The school operates with approximately 18 staff members inclusive of teachers and administrative staff. The school proposes to operate Monday through Thursday between 9:00 a.m. and 3:00 p.m. and on Fridays between 9:00 a.m. and 12:30 p.m. Some flexibility will be provided within those hours to allow students ample time to both arrive at school in the morning and depart school in the afternoon. In addition, there will be some flexibility in the hours for the faculty, as the teachers need time to work at the school, both before and after school operating hours.

 

The intention of the school is to limit the number of "events" which would take place on this site. The Planning Division defines an "event" as any gathering of 30 people or more after the normal operating hours listed above. For such an "event," the Planning Division has conditioned the project to notice the neighbors (see Attachment A).

 

No bells are used by the school; the students must rely on their watches for arriving at class on time. A small sign is proposed to be erected at the entrance to the site along Middlefield Road. However, the sign will not exceed 3 sq. ft. in size. Signage is generally not permitted on residentially zoned parcels except in the instance of a home occupation whereby signage is permitted, but not exceeding 2 sq. ft. Institutionally zoned parcels are permitted 0.75 sq. ft. for each foot of parcel street frontage. In this instance, the school would be permitted an 82 sq. ft. sign. The proposal is a 3 sq. ft. sign, which is more in accordance with what is permitted for home occupations, yet allowing a little more flexibility for the institutional use.

 

All access by students for both drop-off and pick-up will occur through the Saint Anthony's Church driveway. The students will use a small gate proposed at the rear of the site to access the project site. The existing access driveway on site will be used by faculty and visitors to the site only. All entrance gates to the site will be secured.

 

In order to alleviate the impact of noise generated by the students onto the east adjacent residents, the existing patio on the east side of the structure will be used by staff only. The applicant proposes to create a new patio for students on the west side. They also propose to create a new wall around the property, which will be erected to the satisfaction of the neighbors and help mitigate any noise impacts to residential neighbors. For additional details regarding the operation of the school, see Attachment H.

 

BACKGROUND

 

Report Prepared By: Sara Bortolussi, Project Planner, Telephone 650/363-1839

 

Appellants: Ray and Janice Schaaf

 

Applicant: Palo Alto Preparatory School

 

Owner: Dennis Hommel

 

Location: 3540 Middlefield Road, Menlo Park

 

APN: 060-100-040

 

Size: 20,000 sq. ft.

 

Existing Zoning: R-1/S-10 (Single-Family Residential/20,000 sq. ft. minimum parcel size)

 

General Plan Designation: Low Density Residential

 

Existing Land Use: Residential

Water Supply: Water is provided via an existing water connection with the California Water Service Company.

 

Sewage Disposal: Sewage disposal is provided via an existing sewage connection with the Fair Oaks Sewer Maintenance District administered by San Mateo County.

 

Flood Zone: Flood Zone C, Area of Minimal Flooding

 

Environmental Evaluation: An Initial Study and Negative Declaration were prepared for this project with a public review and comment period between June 12, 2001 and July 2, 2001. The Initial Study and Negative Declaration were sent to all interested parties and all property owners within 500 feet of the project site. No comments were received.

 

Setting: The project site is located on the border between unincorporated North Fair Oaks and Atherton along Middlefield Road. The parcel is located behind an existing 8-foot, vegetative covered wall surrounding the site. The existing site is already developed with a 5,500 sq. ft. single-story structure, which was originally constructed and occupied by the Red Cross. The area consists of a mix of residential, institutional and commercial land uses. Located both south and west of the project site is Saint Anthony's Catholic Church, which includes a Head Start Program and other community programs. Located just west of Saint Anthony's Church site is the Garfield Charter Elementary School. Located northwest of the project site, approximately 450 feet along the north side of Middlefield Road, are commercial uses. Located north of the site, across Middlefield Road, are residential uses, which are part of the Fair Oaks Acres Subdivision. Located east of the project site are also residential uses within the Town of Atherton.

 

Chronology:

 

Date

 

Action

     

December 13, 2000

-

Application submitted for a public workshop and use permit.

     

January 24, 2001

-

Public workshop held at the project site. Neighbors within 500 feet in addition to any interested parties invited to participate.

     

March 14, 2001

-

A summary of comments and responses to comments received at the public workshop sent to all interested parties.

     

June 12, 2001

-

The Initial Study and Negative Declaration posted for public review and comment. Copies sent to all interested parties.

     

July 2, 2001

-

Public comments due regarding the Initial Study and Negative Declaration. No comments received.

     

August 2, 2001

-

Zoning Hearing Officer approved the use permit with amended conditions of approval.

     

August 21, 2001

-

Appeal filed by Diane and Patrick Kelvie.

November 28, 2001

-

Planning Commission denied the appeal and approved the use permit subject to conditions of approval.

     

December 17, 2001

-

Appeal filed by Ray and Janice Schaaf.

     

May 14, 2002

-

Board of Supervisors public hearing.

     

DISCUSSION

 

A.

PREVIOUS ACTION

   
 

The Planning Commission voted 3-0 (Commissioners Goff and Silver were absent) to deny the appeal and uphold the decision of the Zoning Hearing Officer to approve this project. In doing so, the Commission upheld the revised conditions imposed by the Zoning Hearing Officer. Key factors in the Commission's decision were the concerns of the neighbors and the desires of the school.

   

B.

KEY ISSUES OF THE APPEAL

   
 

The key issues of the appeal of the Planning Commission's decision to approve the use permit for the Palo Alto Preparatory School are listed below in bold with staff's response following. A complete copy of the submitted appeal has been included as Attachment B.

   
 

1.

I do not believe that the applicant ever paid the fees associated for requesting the change in the use permit. Does this even make the process still valid?

     
   

At the time of the previous two hearings, there had been some outstanding fees associated with the circulation of the environmental document. The applicant was instructed to pay those outstanding fees as soon as possible following action by the Planning Commission. Those outstanding fees were paid by the applicant on December 24, 2001.

     
 

2.

I understand that the client does not even have the money to make any of the suggested improvements dated in the August 2nd letter. I further understand that he does not have the money to pay for the property.

     
   

The applicant's finances are not part of use permit review. The use permit grants conditional approval for the school. If the school cannot afford the property, then the school will not be able to operate at this location. If the school cannot make the improvements required by use permit conditions, then the school also will not be able to operate.

     
 

3.

I disagree on the land use area as this was NEVER intended to house students, classrooms, egress and ingress of cars, vans, school buses, group functions.

     
   

Schools are a conditionally permitted use in this zoning district with a use permit. The existing structure was originally constructed and operated by the Red Cross many years ago. At that time, the structure was an institutional use, permitted with a use permit granted by the County, which had employees and visitors frequent the site every day. Since the change in ownership to the current owner, Dennis Hommel, the structure was used both as his personal residence and as a graphic design business, which had employees and customers frequent the site. Whereas the previous owners may have had less intense uses of the site, the proposed private high school would be permitted for a maximum of 70 high school students. The students will not be living at the site, just attending classes Monday through Friday to earn an education. The ingress and egress of cars on the site will be strictly used by faculty, staff and visitors to the site. All students and parents are restricted to using the Saint Anthony's driveway for ingress and egress. Regarding group functions, it is staff's understanding that these will be few and far between with a requirement for neighbors to be notified in such an event. As a comparison, any residential use may have private parties, which in some cases may generate a large number of people.

     
 

4.

Huge increase in traffic. The site was never meant to handle 75 students, 20+ teachers, ?? parents, ?? buses for transportation.

     
   

The issue of traffic has been addressed, including review by the San Mateo County Public Work Department. The assessment regarding traffic is that there will not be a significant impact to the traffic in this area. In addition, the school has suggested and the Planning Division has conditioned: (1) the use of Saint Anthony's driveway, which is on the opposite side of the property from neighboring residential areas, for both ingress and egress, as well as for additional parking; and (2) the use of parking stickers to clearly identify cars associated with the school.

     
 

5.

Where do they park? Where do the teachers park? Where do the parents park? There are not enough spaces.

     
   

Those students who drive to the school will be required to park in one of the 26 designated parking spaces within the Saint Anthony's parking lot. The teachers will be permitted to park on the site in one of the designated 14 parking spaces. If those spaces become full, the teachers can park in the designated parking spaces at Saint Anthony's. If a parent is actually parking to stay and visit the school, the parent can also park in one of the designated parking spaces at Saint Anthony's. Most parents will merely drop their child off at school and continue with their day. The applicant is providing more spaces than the eight spaces required by the San Mateo County parking standards for a school of this size.

     
 

6.

Traffic again - Busing students to a remote area all day for P.E. This begs the question, why would a school even want this facility given there is NO place for anyone to play, hangout (except in the road, our back and side fences, on Jennings Lane, etc.).

     
   

It is staff's understanding that the busing of students will not be occurring all day, but there will be a time during each day when the students will be bused off site for physical education. The applicant has informed staff that they will be using the Rikis Center located on Edison, which is also located in the North Fair Oaks community. With respect to hanging out, the school will be providing the students an outside patio area for this purpose, which will be located on the west side of the structure, furthest away from the neighboring Atherton residences. The students are not permitted to loiter on the east side of the structure. The existing patio area, located on the east side of the structure, is for use by faculty and staff only.

     
 

7.

The busing of kids is never defined; where are they picked up/let off?

     
   

The students will be picked up at the Saint Anthony's parking lot and will also be dropped off there after Physical Education at the Rikis Center. This would be true of any other field trip the students take during the regular school day.

     
 

8.

Gathering of 90 people? Where are they going to be put/park? It does not even state that they cannot have more people, just that we have to be notified. I strongly want to argue this on the basis of size of building, no facilities, a parking nightmare, etc. . . . This facility is not made to support 90+ people. That would be way under the average for workspace (~5,000 sq. ft./90 = 5/per person.)

     
   

Any gathering after hours and/or a gathering of more than 90 people require notification of the neighborhood. Ninety people do not necessarily mean 90 cars as this combination could consist of students, parents and teachers. Forty spaces are available. Regarding the size of the facility and whether or not it could support 90+ people, the Uniform Building Code would allow approximately 140 people to occupy the structure at any one time. The proposed classrooms alone would permit approximately 74 people. This occupancy, however, does require modifications to the structure for ingress and egress, which will be required by the Building and Fire Departments prior to occupancy of the structure.

     
 

9.

NOISE. Enough said. 80 dBA is way too loud.

     
   

The condition regarding noise pertains to the construction phases of the project only and is permitted under the County Noise Ordinance as enforced by the Environmental Health Division.

     
 

10.

School's regulations with respect to footage and exterior acreage.

     
   

It is staff's understanding that the Palo Alto Preparatory School is a private school and has petitioned the State for a variance to these requirements. It is also staff's understanding that the school has been granted such variance.

     
 

11.

Driveway behind our fence needs to be closed off and not used except for emergencies.

     
   

The existing circulation plan shows staff vehicles only entering at the southern end of the property, closest to residences in Atherton and then exiting at the northern end of the property onto Middlefield Road. The appellants are requesting that the southern entrance be closed and used for emergency purposes only. While this would be a design change, it is possible. If the southern entrance is closed, and the northern entrance remains, the school could create an auto/pedestrian gate at the rear of the site as opposed to just a pedestrian gate. All vehicle traffic could enter onto Saint Anthony's property; those cars which are permitted to park on site could then enter through the auto gate and drive to the designated on site parking. Those cars could then exit through the existing exit onto Middlefield Road. This scenario, however, would eliminate 3 of the 14 parking spaces being provided on site.

     
 

12.

No sleeping in the building.

     
   

The use permit is for a school and, as such, the Planning Division has established hours of operation. There will be no sleeping permitted in the structure.

     
 

13.

No construction on the weekends.

     
   

Construction hours are regulated by the County Noise Ordinance, which does permit construction on Saturdays and Sundays, albeit at a reduced noise limit. If the Board wishes to alter those conditions to restrict construction hours to Monday through Friday, staff can make that adjustment to the conditions of approval.

     
 

14.

No external changes to the structure. Cannot build up or out.

     
   

The applicant does not propose any changes to the exterior of the structure.

     
 

15.

No parking on Middlefield Road.

     
   

The school should be providing sufficient parking for its day-to-day operations. While there should be no need for anyone to park on Middlefield Road, Middlefield Road is a public street and public parking there is legally acceptable.

     
 

16.

Sound wall has to be eight feet and on the correct line.

     
   

Condition of Approval No. 11 (Attachment A) requires the applicant to coordinate the type and height of the wall or fence with each respective property owner. If a fence over 6 feet high is desired, this will require a fence height exception and, if approved, the fence or wall may be erected to 8 feet high. A boundary survey will be used to properly locate the fence or wall on the property line.

     
 

17.

Never an increase in students.

     
   

Condition No. 4 indicates that the permit is valid for a maximum of 70 students and no more. Any change or modification of this use permit will require the applicant to apply for a use permit amendment, which will require a public hearing. As staff understands the proposed use, an increase in students also degrades the level of education the school can provide its students, and the school has no desire to increase enrollment levels.

 

18.

Any and all changes have to be submitted and reviewed by public hearing. No minor adjustments to be approved by the Planning Director.

     
   

Staff suggests that the condition (No. 4) regarding minor improvements be reworded to state: "Any change, minor or major, in the use permit will require the permit to be reviewed at a public hearing." This proposed modification has been included in Attachment A.

     
 

19.

Faculty and staff should be restricted in the weekend to hours of 9:00 a.m. to 6:00 p.m.

     
   

Condition No. 6 regarding hours for faculty and staff has been reworded to indicate that while their hours will not be restricted Monday through Friday, hours for faculty and staff will be limited on Saturday and Sunday from 9:00 a.m. to 6:00 p.m.

     
 

20.

No 3 sq. ft. sign. It can be smaller or it should be placed in the St. Anthony's parking area.

     
   

The sign is needed for identification and safety purposes only. Staff has reworded Condition No. 12 to allow no larger than a 2 sq. ft. sign.

     

C.

KEY ISSUES - CONFORMANCE WITH GENERAL PLAN AND ZONING REGULATIONS

       
 

1.

Conformance with the General Plan

       
   

Policy 4.35 (Urban Area Design Concept) discusses two aspects of development in urban areas including (1) maintain and, where possible, improve upon the appearance and visual character of development in urban areas; and (2) ensure that new development in urban areas is designed and constructed to contribute to the orderly and harmonious development of the locality. The proposed non-profit preparatory school will be located within an existing structure. There will be both improvements made to the exterior of the site as well as interior structural improvements. The circulation on the site will not change much as the existing driveway is a circular driveway, which wraps around the entire structure. However, there will be a new gated access from the rear of the parcel connecting the school with the leased parking spaces located at Saint Anthony's. There will also be new walls erected around the site including a new security gated entry with landscaping. The applicant intends to create a new patio area on the west side of the existing structure, the side shared with Saint Anthony's, which will be utilized by the students. Any noise generated from students using the patio area will be buffered by the existing structure before being carried to neighboring residences located on the east side of the building. The existing patio area located on the east side of the building will be utilized by faculty and staff only. The on-site parking lot will be re-striped which will provide for approximately 14 parking spaces, while an additional 26 parking spaces will be provided on the adjacent Saint Anthony's parking lot. There will be some changes to the interior of the structure as well. These changes include those items required to bring the structure up to current code for such a use, including but not limited to handicap access, bathroom upgrades, fire exiting and fire sprinklers. The appearance of the site and development on it will be improved through the permitting of this use and is thus consistent with this General Plan Policy.

     
   

Policy 7.16 (Land Use Objectives for Urban Areas) recommends to locate land use designations in urban areas in order to: (1) maximize the efficiency of public facilities, services, and utilities; (2) minimize energy consumption; (3) encourage the orderly formation and development of local government agencies; (4) protect and enhance the natural environment; (5) revitalize existing developed areas; and (6) discourage urban sprawl. The land use designation of this particular parcel is residential. The proposal is for a conditional use permit to allow a non-profit preparatory high school, Palo Alto Preparatory School, to locate its facilities within the existing structure. Located both south and west of the project site is Saint Anthony's Catholic Church, which also includes a Head Start Program. Located just west of Saint Anthony's Church site is the Garfield Charter School. Located northwest of the project site, approximately 450 feet along the north side of Middlefield Road, are commercial uses. Located north of the site, across Middlefield Road, are residential uses. Located east of the project site are also residential uses within the Town of Atherton. The use of an existing structure for the proposed preparatory school is consistent with the objectives of this policy because the use will help revitalize an existing area while at the same time will not be encouraging urban sprawl. In addition, the project site is just east of already existing institutional uses including Saint Anthony's Church, the Head Start Program and Garfield Charter School. With the proposed new walls surrounding the site providing some privacy as well as noise buffers, the use of this site for a private school is thus consistent with this General Plan policy.

     
   

General Plan Policy 8.2 (Land Use Objectives for Urban Communities) discusses the following requirements:

       
   

a.

Plan urban communities to be balanced, self-contained areas which have a sufficient mix of urban land uses to support the internal housing, employment, shopping, and recreational needs of the community.

       
     

The urban community known as North Fair Oaks, in which this particular parcel is situated, does have a balance of commercial, residential and institutional uses. The conditional use permit to allow the preparatory school adds to the diversity of land uses within this urban community. This also adds to the balance of different types of uses lending to a self-sufficient area.

       
   

b.

Provide a mix of residential, commercial and industrial land uses which will generate sufficient tax revenues to pay for the costs of providing desired levels of services and facilities.

       
     

The North Fair Oaks urban community does have a balanced mix of uses as discussed above. However, the non-profit school will not contribute any additional tax revenues in order to pay the costs of providing certain levels of service. The use, however, is in itself a public service, although it is a private school. The demand for public services should not increase significantly due to the conditional use of the project site as a private school.

   

c.

Provide a mix of commercial and industrial uses in order to maintain, support, and strengthen local economies.

       
     

This urban community already has a mix of commercial and industrial uses. The proposed school would be an institutional use located within an area zoned for residential. However, located just south and west of the project site is a large parcel designated for institutional uses and is used by Saint Anthony's Church, a Head Start Program and Garfield Charter School.

       
   

d.

Provide a mix and an amount of residential land uses which will provide a substantial amount of housing opportunities in unincorporated areas.

       
     

There is a mix of different types of residential uses within the North Fair Oaks urban community, including single-family residential and multi-family residential units. This proposal converts an existing residence to an institutional type use to allow a non-profit private high school to operate. While this will reduce the housing in the area by one unit, this parcel has been used for commercial type uses before when it was used by the Red Cross and the current owner had been operating a business within the residence. This proposal will not change other residential uses in the area.

       
   

e.

Establish land use patterns, which give urban communities strong, individual and identifiable characters.

       
     

The North Fair Oaks urban community is made up of a variety of land uses, including commercial, residential, industrial and institutional. The mix of uses is what defines the community. The proposal for the school helps to diversify the land uses within the community, while at the same time being a somewhat appropriate location due to its proximity to other institutional uses.

       
   

General Plan Policies 8.34 through 8.39 discuss the General Development Standards, in urban communities including: (1) Zoning Regulations; (2) Uses; (3) Density; (4) Parcel Sizes; (5) Height, Bulk, and Setbacks; and (6) Parking Requirements.

       
   

a.

Policy 8.34 (Zoning Regulations) requires that development be consistent with land use designations and the continued use of zoning districts to regulate development.

       
     

The land use designation for this parcel is residential and the existing use is residential and a home occupation. The parcels located just west are designated institutional and is the location of the Saint Anthony's Church, a Head Start Program and Garfield Charter School. Prior land uses on this parcel included the Red Cross, which was a non-profit commercial use. The use of a school on this site would be compatible and is a permitted use with the issuance of a conditional use permit.

       
   

b.

Policy 8.35 (Uses) discusses allowing uses in zoning districts that are consistent with the overall land use designation.

       
     

The overall land use designation for this parcel is low density residential. The use for a private non-profit school is not a residential use; however, the use will be located within an existing residential structure. The appearance of the structure will not change from that of a residence. However, a school does require a use permit to operate. See discussion regarding the use permit under Section 2, Conformance with the Zoning Regulations.

       
   

c.

Policy 8.36 (Density) discusses the regulation of maximum allowable densities in zoning districts in order to: (1) ensure a level of development that is consistent with land use designations; (2) plan for the efficient provision of public facilities, services and infrastructure; and (3) minimize exposure to natural and manmade hazards.

       
     

The density of development will not change from its current density. The site is already developed with a structure, which will be utilized to operate the school.

       
   

d.

Policy 8.37 (Parcel Sizes) discuses the regulation of minimum parcel sizes in an attempt to: (1) ensure that parcels are usable and developable; (2) establish orderly and compatible development patterns; (3) protect public health and safety; and (4) minimize significant losses of property values.

       
     

The parcel on which the existing structure is located meets the minimum parcel size requirement, which are 20,000 sq. ft. and setback requirements. The proposal does not involve any subdivision of the parcel to create a parcel less than the minimum nor does it involve an expansion of the existing structure. The proposal merely is a request for a conditional use permit to operate a private school within an existing structure on a conforming parcel. Thus, the proposal is consistent with this policy.

       
   

e.

Policy 8.38 (Height, Bulk, and Setbacks) discusses the regulation of height, bulk and setback requirements in order to: (1) ensure that size and scale of development is compatible with the parcel size; (2) provide sufficient light and air in and around structures; (3) ensure that development of permitted densities is feasible; and (4) ensure public health and safety.

       
     

The proposal does not involve any new construction, but merely some interior improvements to bring the structure up to code for the intended use. The size of the structure will not be enlarged.

       
   

f.

Policy 8.39 (Parking Requirements) discusses the regulation of minimum on-site parking requirements and parking development standards in order to: (1) accommodate the parking needs of the development; (2) provide convenient and safe access; (3) prevent congestion of public streets; and (4) establish orderly development patterns.

     

The required number of parking spaces for this type of use is one space for each classroom plus one space for each 100 sq. ft. of auditorium space or any space so used. The proposal would require eight parking spaces. For a use such as a school, with approximately 60 to 75 students plus 18 faculty and staff, eight parking spaces would meet the San Mateo County Parking Standards, however, would most likely not meet the needs of the use. The applicant is providing 14 parking spaces on site and will be leasing 26 parking spaces from Saint Anthony's. These 26 spaces at Saint Anthony's will be accessed via an existing driveway for Saint Anthony's as well as through a rear yard gate on the project site. The parent drop-off and pick-up will be at Saint Anthony's with the main access for students being located at the rear of the property. The existing ingress and egress at Saint Anthony's should be able to accommodate the additional traffic in the morning and afternoon. The faculty and staff will be using the existing access off Middlefield Road and parking their vehicles on site. The access should be sufficient for the small number of faculty and staff that will be using it. Staff is requiring that a copy of the lease agreement between Saint Anthony's and the preparatory school be submitted to the Planning Division for review and approval.

       
 

2.

Conformance with the Zoning Regulations

       
   

a.

Conformance with Regulations for R-1/S-10 Districts

       
     

Permitted uses in the R-1 zoning districts include single-family dwellings, public parks and public playgrounds, crop and tree farming, home occupations, accessory buildings, and keeping of pets in association with a single-family dwelling.

       
     

The following uses are permitted subject to securing a use permit: churches, schools, libraries, fire stations, golf courses, and non-commercial clubs. The proposed use of a private non-profit school qualifies as a permitted use subject to securing a use permit. See discussion below, Sections 3 and 4, regarding conformance with the use permit regulations and the required use permit finding.

       
 

3.

Conformance with the Use Permit Regulations

       
   

a.

One (1) publication in a newspaper of general circulation in the County, within ten (10) days next preceding the date of said hearing.

       
     

Notice was sent to the San Mateo County Times indicating the date, time and location of the Zoning Hearing Officer public hearing. Notice was sent to the Independent Newspaper Group indicating the date, time and location of the Planning Commission public hearing, as well as this public hearing before the Board of Supervisors.

       
   

b.

Posting notices in the same manner as set forth in Chapter 27 for a proposed amendment; or

       
   

c.

Mailing a postal card notice not less than ten (10) days prior to the date of the hearing to the owners of property, as shown on the last equalized assessment roll, within three hundred (300) feet of the exterior limits of the property or properties which is the subject of the application for the use permit.

       
     

The County sent a notice of the public hearing at least ten days prior to the public hearing to property owners within 500 feet since the same people had been notified for the required pre-application workshop.

       
 

4.

Conformance with the Use Permit Finding

       
   

In order to grant a use permit, the following finding must be made:

       
     

"That the establishment, maintenance, and/or conducting of the use will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in said neighborhood."

 
     
   

The Planning Commission believes this finding can be made. The operation of a school in this location is appropriate. Although the parcel is zoned for a single-family residential use, the parcel is bordered on two sides by institutional uses inclusive of Saint Anthony's Church, a Head Start Program and Garfield Charter School. On the other side, the parcel is bordered by a residential use. The school will be an institutional use operating within a single-family type of structure. It should serve as a transition between uses.

     
   

There are existing fences, approximately 8 feet high, which the school plans to replace to the satisfaction of the neighbors, and which will help to mitigate noise impacts to neighboring residential structures. It is staff's understanding that the school will consult with each individual adjacent property owner to determine what type of wall will be placed around the site along their adjoining property lines. The school will consult with those property owners to determine what material and color will be used for the new wall or fence. In addition, because of the existing and proposed high walls surrounding the parcel, it will be difficult to distinguish from other adjacent uses, which will help to integrate it into the area.

     
   

There was some concern regarding the traffic impacts along Middlefield Road. The school has obtained data from the County Department of Public Works and spoke to the County's transportation engineer. The school itself will add approximately 50 trips to the morning and 50 trips to the afternoon traffic counts. The current traffic counts have been steadily declining since 1997. It is the opinion of the County's Department of Public Works that this is a minor number of trips and that there are no traffic related issues for the school at this location. Although the Department of Public Works finds no traffic-related issues for the school, the school has proposed alternatives to help with any potential issues. The school has agreements with Saint Anthony's Church for use of their driveway for ingress and egress of student traffic and 26 parking spaces for use by students and parents as well. In addition, due to the standard operating procedures of the Palo Alto Preparatory School and the conditions imposed through this use permit, the Planning Commission believes the school will not be detrimental to public welfare, property or improvements in the said neighborhood.

     

E.

ALTERNATIVE

       
 

If the Board of Supervisors wishes to uphold the appeal and deny the use permit for the Palo Alto Preparatory School, staff requests a continuance to prepare findings for denial, and present them to the Board of Supervisors for consideration.

       

F.

ENVIRONMENTAL REVIEW

       
 

An Initial Study and Negative Declaration were prepared for this project. The public review and comment period was between June 12, 2001 and July 2, 2001. The Initial Study and Negative Declaration were mailed to all interested parties and property owners within 500 feet of the project site. No comments were received.

   

G.

REVIEWING AGENCIES

   
 

Reviewing Agency

Approve

Conditions

       
 

Building Inspection Section

Yes

Yes

 

Department of Public Works

Yes

No

 

Menlo Park Fire Protection District

Yes

Yes

 

North Fair Oaks Community Council

Yes

No

       

VISION ALIGNMENT

 

The use permit for the Palo Alto Preparatory School is in line with the commitment of "Prosperity" and goal number 19, which seeks that "The skill level of new workers rises with improved K-12 education and training options." The use permit for the Palo Alto Preparatory School contributes to this commitment and goal by providing an alternative education source for high school students.

 

ATTACHMENTS

       

A.

Recommended Findings and Conditions of Approval

B.

Submitted Appeal of Planning Commission's Decision

C.

Submitted Appeal of the Zoning Hearing Officer's Decision

D.

Location Map

E.

Site Plan

F.

Floor Plan

G.

Initial Study and Negative Declaration

H.

Summary of Workshop Comments

   
   

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Attachment A

 

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

 

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

 

Permit or Project File Number: PLN 2000-00877

Hearing Date: May 14, 2002

 

Prepared By: Sara Bortolussi

For Adoption By: Board of Supervisors

 
 

RECOMMENDED FINDINGS

 

Regarding the Environmental Review, Find:

 

1.

That the Negative Declaration is complete, correct, adequate, and prepared in accordance with the California Environmental Quality Act and applicable State and County guidelines.

   

2.

That, on the basis of the Initial Study, comments received hereto, and testimony presented and considered at the public hearing, there is no substantial evidence that the project, if subject to the mitigation measures contained in the Negative Declaration, will have a significant effect on the environment.

   

3.

That the Negative Declaration reflects the independent judgment of San Mateo County.

   

4.

That the mitigation measures identified in the Negative Declaration, agreed to by the applicant, placed as conditions on the project, and identified as part of this public hearing, have been incorporated into the Mitigation Monitoring and Reporting Plan in conformance with California Public Resources Code Section 21081.6.

   

Regarding the Use Permit, Find:

   

5.

That the establishment, maintenance and/or conducting of the use, as conditioned, will not under the circumstances of this particular case, be detrimental to the public welfare, or injurious to property or improvements in the said neighborhood.

 

RECOMMENDED CONDITIONS OF APPROVAL

 

Planning Division

 

1.

This use permit shall be valid for a period of five years, until May 16, 2007. The applicant shall apply for renewal of the use permit and pay applicable renewal fees six months prior to expiration, November 16, 2006.

   

2.

An administrative review for compliance with conditions shall be applied for yearly, by November 16. To facilitate this review, Planning staff will notify the applicant annually and the applicant shall annually submit documentation to the Planning Division verifying the use on the site. This will be followed by a site inspection by Planning staff to verify that all conditions of approval are being adhered to.

   

3.

Any change in use or intensification of use shall require an amendment to the use permit. Amendment to this use permit requires an application for amendment, payment of applicable fees and consideration at a public hearing.

   

4.

This use permit approval is for the project as described on the plans and documents received by the Planning Division on December 13, 2000, and as conditioned by the Zoning Hearing Officer and the Planning Commission on August 2, 2001 and November 28, 2001, respectively, including that the school not exceed 70 students. Any revisions to these plans must be submitted to the Planning Division for review and approval prior to implementation. Any change, minor or major, will be subject to a separate permitting process including but not limited to a use permit amendment and public hearing process.

   

5.

The applicant shall apply for a building permit within two months from the approval of this use permit.

   

6.

The operating hours for the Palo Alto Preparatory School will be from 9:00 a.m. to 3:00 p.m., Monday through Thursday, and 9:00 a.m. to 12:30 p.m. on Fridays. In order to provide time for students to arrive and depart school, the students will be restricted to the hours Monday through Thursday 8:30 a.m. to 3:30 p.m. and Fridays 8:30 a.m. to 1:00 p.m. There will be no restriction on the hours for faculty and staff Monday through Friday, as they will need to use campus for administrative tasks and lesson preparation. Hours for faculty and staff will be limited on Saturday and Sunday between 9:00 a.m. and 6:00 p.m. For any event in the evening, past the normal hours of operation, notice must be sent to owners within one hundred (100) feet at least ten (10) days prior to the event. For any event which would involve the gathering of more than ninety (90) people at any one time, notice shall be sent to owners within five hundred (500) feet at least ten (10) days prior to the event.

   

7.

The applicant shall prepare and administer a circulation plan for drop-offs and pick-ups of students on-site. The plan should include the use of Saint Anthony's driveway for both ingress and egress to the site. The plan shall be reviewed and approved by the Planning Division prior to the Building Inspection Section's final inspection of the building. The plan shall be distributed to all students, parents and faculty of the school.

   

8.

Prior to the final inspection of the building permit, the applicant shall re-stripe all new parking spaces and shall clearly demarcate the direction of traffic around the project. This may be achieved with the painting of an arrow or numerous arrows on the pavement around the site. Arrow painting shall be maintained and repainted on a regular basis or as directed by the Fire Department, Building Inspector or Planning Division.

   

9.

The applicant shall administer a parking sticker program for both students and personnel, and limit the parking to the 26 parking spaces at Saint Anthony's and the 14 spaces on site. The goal of the parking sticker program would be to provide all students and faculty with a parking sticker for their cars and limit that parking to the 14 on-site parking spaces and the 26 parking spaces leased at Saint Anthony's Church. Any car with a sticker found parked on the street or within any of the surrounding neighborhoods, can be readily identified by neighbors and appropriate action taken by the school administrators.

   

10.

The applicant shall submit a lease agreement to the Planning Division between the Palo Alto Preparatory School and Saint Anthony's Church that: (1) secures 26 additional parking spaces on the latter property owner's land; and (2) allows use of the latter property owner's driveway for ingress and egress. This agreement shall be reviewed by County Counsel and approved by the Planning Division prior to issuance of a building permit. If the lease is for less than a five-year period, compliance with this condition shall also be demonstrated at each permit review.

   

11.

A solid fence or wall that is designed to mitigate project noise shall be located at the perimeter of the project site. Individual fence or wall design and materials shall be determined through discussions between the applicant and each adjoining property owner. Fence or wall height shall be eight (8) feet, pending application for and approval of a fence height exception. Should the fence height exception not be approved, fence height shall be as allowed by the Zoning Regulations.

   

12.

The applicant shall submit a copy of the sign to be erected on site for review and approval by the Planning Division prior to installation on site. The sign shall not exceed 2 sq. ft. and is for identification and safety purposes only.

   

13.

The applicant is required to monitor the noise level at the site so that the proposed construction activity will not exceed 80 dBA level at any one moment. No construction noise shall exceed those limits set by the County's Noise regulations.

   

14.

The applicant shall prepare a trip reduction plan identifying the efforts that will be taken to reduce single student occupancy automobile trips to the school. Techniques to consider include carpooling, vanpooling, transit use, and bicycling. The plan shall include a description of the role the school will play in facilitating trip reduction. The plan shall be submitted prior to the Building Inspection Section's final inspection of the building.

   

15.

The school shall designate a community liaison to serve as a contact person for all public inquiries or complaints regarding traffic, parking, noise and other neighborhood compatibility issues.

   

16.

The applicant shall prepare an information packet that includes the circulation plan, trip reduction program, name of community liaison and dates of upcoming evening school events. The information packet shall be distributed to all property owners within 300 feet of the school and Planning staff, with the first packet distributed 90 days after this use permit approval by August 14, 2002, and annually thereafter.

17.

The applicant shall annually schedule an evening meeting with surrounding residents to discuss neighborhood compatibility issues. All property owners within 300 feet of the school shall be invited to the meeting.

   

18.

The Palo Alto Preparatory School is limited to a total number of 70 students. Any increase in the number of students beyond 70 will require a use permit amendment and public hearing.

   

Building Inspection Section

   

19.

At the time of application for a building permit, the applicant shall submit plans of the "existing" conditions as well as the proposed changes.

   

Menlo Park Fire Protection District

   

20.

A local fire alarm system will be required for E-1 occupancies.

   

21.

Existing exiting does not work for classrooms and will need to be addressed.

   

22.

Fire sprinklers may be required per Menlo Park Fire District Ordinance #12.

   

23.

Fire District access will be considered.

   
   

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