Loading...
Mod to Use Permit - PreSchool - 2012CITY of CAMPBELL Community Development Department April 26, 2012 John Miller, Architect 579 Clyde Avenue, #300 Mountain View, C;A 94043 Re: PLN2012-21 - 76 Kennedy Avenue -Modification of Use Permit St. Lucy's Preschool Dear Applicant: Please be advised that at its meeting of April 24, 2012, the Planning Commission adopted Resolution No. 4059 approving a Modification (PLN2012-21) to a previously approved Conditional Use Permit (UP 78-09) to establish a new pre-school program with a maximum enrollment of 20 children at St. Lucy's School on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, May 4, 2012. The time within which judicial review of this action must be .sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Steve Prosser Associate Planner Cc: Roman Catholic Bishop of San Jose (Property Owners) Attn: Ian Abell 1150 N. First Street, #100 San Jose, CA 95112 RESOLUTION N0.4059 BEING A RESOLUTION OF THE PLANNING COMMISSION OF' THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2012-21) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 78-09) TO ESTABLISH A NEW PRE-SCHOOL PROGRAM WITH A MAXIMUM ENROLLMENT OF 20 CHILDREN AT ST. LUCY'S SCHOOL ON PROPERTY LOCATED AT 76 KENNEDY AVENUE, IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. FILE NO.: PLN2012-21 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 PLN2012-21: Environmental Finding 1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings 1. The project site is located on the south side of Kennedy Avenue between Winchester Boulevard and Industrial Way. 2. The project site is zoned P-F (Public Facilities) as shown on the Campbell Zoning Map. 3. The project site is designated Institutional as shown on the Campbell General Plan Map. 4. Land uses surrounding the project site include commercial and residential uses to the north, commercial uses to the south and east and commercial and industrial uses to the west. 5. The proposed commercial daycare center would occupy a portion of a 7,028 square- foot building. 6. The hours of operation shall be restricted to 7:00 AM to 4:00 PM, Monday through Friday. 7. The proposed classrooms meet the unencumbered square footage requirements of 35 square feet per child of indoor area allowing for an enrollment of 20 children. Planning Commission Rc ,lution No. 4059 PLN2012-21 - 76 Kennedy Drive -Modification to Use Permit - St. Lucy's Pre-School Page 2 8. The proposed outdoor play area meets the unencumbered square footage requirements of 75 square feet per child to allow all 20 children to be out at play at one time. 9. The proposed project would provide a minimum of 15 parking spaces where eight spaces are required. Based upon the foregoing findings of fact, the Planning Cornrnission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable Zoning District with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The proposed use will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The proposed use will not significantly increase the demand on City services. 6. The site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 7. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. THEREFORE, IBE IT RESOLVED that the Planning Commission approves a Modification (PLN2012-21) to a previously approved Conditional Use Permit (UP 78-09) to establish a new pre-school program with a maximum enrollment of 20 children at St. Lucy's School on property located at 76 Kennedy Avenue. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. 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: Planning Commission RE ~ution No. 4059 PLN2012-21 - 76 Kennedy Drive -Modification to Use Permit - St. Lucy's Pre-School Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted fora Modification (PLN2012-21) of a previously approved Conditional Use Permit (UP78-09) to allow the establishment of a commercial daycare center with a maximum enrollment of 20 children located at 76 Kennedy Avenue. The project shall substantially conform to the revised project plans stamped as received on April 4, 2012, and the operational description and Finish Board stamped as received by the Community Development Department on January 27, 2012, except as may be modified by the Conditions of Approval contained herein. 2. Modification Approval Expiration: The Modification to the Previously-approved Conditional Use Permit approval (PLN2012-21) for this project is valid for a period of one (1) year from the Planning Commission approval. All Conditions of Approval specified herein must be completed within one year from the date of approval, or the permit shall be void. 3. Compliance with Previously Approved Conditional Use Permit: The applicant shall be required to comply with all conditions of approval of the previously approved Conditional Use Permit (UP78-9), Modification to the Conditional Use Permit (M98- 12), and Modification to the Conditional Use Permit (PLN2001-37). 4. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 5. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. 6. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds at all times. 7. Details and Colors: The applicant shall submit detailed exhibits of any future play structure equipment for review and approval by the Community Development Director, prior to ordering play structures. Final color approval shall be subject to field review and approval by the Community Development Director. 8. Lighting: Parking lot lighting standards shall be modified to include lamps with a lesser lighting intensity or be placed on an automatic timer system to reduce lighting levels and/or quantity of activated lights during the nighttime hours. 9. Landscaping: The applicant shall install decorative landscaping planters in areas formally improved as parking spaces. Planning Commission R~. ,lution No. 4059 PLN2012-21 - 76 Kennedy Drive -Modification to Use Permit - St. Lucy's Pre-School Paae 4 10.Operational Standards: The operation of the commercial daycare center shall be subject to the following operational standards. Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. a. Commercial Daycare Center: Operation of the commercial daycare center shall be in full compliance with Campbell Municipal Code Sec. 21.36.080 and the California Code of Regulations. The school shall maintain in good standing the appropriate license(s) from the California Department of Social Services. b. Number of Children: The maximum number of children allowed shall either be twenty (20) children or the limit set forth by California Department of Social Services Community Care Licensing, whichever is lower. c. Operational Hours: Hours of operation for the commercial daycare center shall be restricted to 7:00 AM to 4:00 PM, Monday through Friday, exclusive of the customary and reasonable use of the facility for administrative activity. d. Outdoor Activities: All outdoor activities shall be restricted to 8:00 AM to 4:00 PM. e. Indoor Play Areas: All indoor play areas shall be in compliance with the State requirement of at least 35 square feet of unencumbered indoor space per child. f. Outdoor Play Areas: The maximum number of children allowed in the outdoor play area at any one time is 20 children or the maximum set by Community Care licensing, whichever is lower. All outdoor play areas shall be in compliance with the State requirement of at least 75 square feet of unencumbered outdoor space per child on site and shall be enclosed by a six-foot high fence or wall. g. Playground Equipment Certification: Any playground equipment shall be assembled and installed incompliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment, or prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment is in compliance with the California Department of Health Services regulations regarding playground equipment. h. Noise: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the commercial daycare center use shall obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. As such, Planning Commission RE ,lution No. 4059 PLN2012-21 - 76 Kennedy Drive -Modification to Use Permit - St. Lucy's Pre-School Page 5 daycare staff shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise that may unreasonably disturb adjacent residents. Use of whistles or amplified devices (e.g., bull horns) is prohibited. 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. i. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with school drop-off and pick-up periods. Property Maintenance: The school shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. k. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. I. Trash & clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 7:00 AM and 4:00 PM Monday through Friday. m. Parking: The parking lot shall be maintained in compliance with the standards in Campbell Municipal Code. A total of 15 vehicle parking spaces shall be made available for the commercial daycare use during the approved hours of operation. The 15 vehicle parking spaces shall be dedicated for the sole use of daycare participants through regulatory signage and access barriers during normal business hours. All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. Parking shall be restricted for on-site uses only. Building Division: 11. Permits Required: A building permit application shall be required for the proposed remodeling of the existing structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Planning Commission Rt elution No. 4059 PLN2012-21 - 76 Kennedy Drive -Modification to Use Permit - St. Lucy's Pre-School Page 6 12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 15.Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 16. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-lined ors the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 17. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 19. Title 24 Accessibilitv -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 20. Title 24 Accessibilitv -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 21.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. West Valley Sanitation District (378-2407) Planning Commission R~. ,lution No. 4059 PLN2012-21 - 76 Kennedy Drive -Modification to Use Permit - St. Lucy's Pre-School Page 7 22. P.G.& E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. PASSED AND ADOPTED thi: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 24th day of April, 2012, by the following roll call vote: Alster, Brennan, Ebner, Resnikoff, Reynolds and Roseberry None Gibbons None APPROVED: ATTEST: Theresa Alster, Chair Kirk Heinrichs, Secretary