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Modification to Use Permit - 2011Community Development Department August 25, 2011 Centro Armonia Preschool 531 W. Rincon Avenue Campbell, CA 95008 Re: PLN2011-102- 531 W. Rincon Avenue -Modification of Use Permit Dear Applicant: Please be advised that at its meeting of August 23, 2011, the Planning Commission adopted Resolution No. 4031 approving a Modification to a previously approved Conditional Use Permit (PLN2011-102) to increase enrollment from 52 to 72 children associated with a commercial daycare on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Frida}~, September 2, 2011. 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, ~~nless 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 ~~uestions, do not hesitate to contact me at (408) 866-2140 Sincerely, Steve Presser Associate Planner cc Central California Conference of Seventh Day Adventists (Prop Owners) 2820 Willow Avenue Clovis, CA 93612 RESOLUTION NO. 4031 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED CONDITIONAL Use PERMIT (PLN2011- 102) TO INCREASE ENROLLMENT FROM 52 TO 72 CHILDREN ASSOCIATED WITH A COMMERCIAL DAYCARE ON PROPERTY LOCATED AT 531 W. RINCON AVENUE IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. FILE NO.: PLN2011-102. 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 PLN2011-102 Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15060(c)(2) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment. Evidentiary Findings 1. The subject property is located on the north side of West Rincon Avenue between San Tomas Expressway and Dot Avenue. 2. The project site is designated Institutional on the General Plan Land Use Element Map. 3. The project site is designated P-F (Public Facility) on the Zoning Map. 4. The proposed use is consistent with the Institutional General Plan land use designation of and the P-F Public Facility Zoning District for the site. 5. The proposed use will be compatible with the P-F (Public Facility) zoning designation with approval of a Conditional Use Permit. 6. The project site consists of two multiple classroom buildings totaling 4,218 sq ft. 7. The subject property is currently developed with a commercial daycare use with previously approved enrollment capacity of 52 children within the age range of two and one-half years to five years old. 8. The existing outdoor play area and the two classroom buildings meet the unencumbered square footage requirements for 75 square feet per child for the outdoor area and 35 square feet per child of indoor area to allow for an increase in enrollment capacity to a maximum of 72 children, with a maximum of 67 children utilizing the outdoor play area at any one time. Planning Commission Resolution No. 4031 PLN2011-102 - 531 W. Rincon Avenue -Use Permit -Centro Armonia Preschool Page 2 9. The existing site plan depicts that approximately 47 percent of the site is landscaped where a minimum 12 percent is required. 10. No exterior modifications to the building are proposed. 11. The hours of operation shall be restricted to: • Business Hours: 7:00 AM to 9:00 PM, Monday -Friday • Operational Hours: 6:30 AM to 9:30 PM, Monday -Friday Based upon the foregoing findings of fact, the Planning Commission 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 establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The establishment will not significantly increase the demand on City services. 6. The proposed 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 proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 9. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 10. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 4031 PLN2011-102 - 531 W. Rincon Avenue -Use Permit -Centro Armonia Preschool Page 3 11. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE. IT RESOLVED that the Planning Commission approves a modification to a previously approved Conditional Use Permit (PLN2011-102) to increase enrollment from 52 to 72 children associated with a commercial daycare on property located at 531 W. Rincon Avenue in a P-F (Public Facilities) Zoning District. 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: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Protect: Approval is granted for a Modification of a previously approved Conditional Use Permit (PLN2011-102) to increase the enrollment capacity of an existing commercial daycare use from 52 children to 72 children located at 531 W. Rincon Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on July 5, 2011 and April 13, 2011, respectively, except as may be modified by the Conditions of Approval contained herein. 2. Modification Approval Expiration: The Modification of a previously approved Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one year period the use must be established on the property and the Conditions of Approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Modification of a previously approved Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Previous Approval: The Conditions of Approval are in addition to, and do not supersede, the Conditions of Approval set forth in Planning Commission Resolution No. 1545, originally approving a commercial daycare use on the public assembly property. Planning Commission Resolution No. 4031 PLN2011-102 - 531 W. Rincon Avenue -Use Permit -Centro Armonia Preschool Page 4 5. Maximum Number of Children: The maximum number of children allowed shall either be 72 children or the limit set forth by California Department of Social Services, whichever is lower. 6. Parking Management: All parking associated with the approved use, including the temporary parking of vehicles for drop off/pick up of children, shall be restricted to the south parking area accessible from W. Rincon Avenue on the adjacent related parcel (600 W. Campbell Avenue). At no time shall the public street or right-of-way be used for parking or drop off/pick up by anyone associated with the approved use between the hours of 6:30 a.m. and 9:30 p.m. The applicant or their representative shall monitor compliance with this condition during peak arrival and departure hours. 7. Reciprocal Parking Agreement: Applicant shall provide documentation, acceptable to the City Attorney, and record said document to establish a permanent reciprocal parking agreement with the adjacent related parcel (600 W. Campbell Avenue) to serve the employees and parents of the preschool, including an area for drop off and pick up of children. 8. Operational Hours: Business Hours shall be restricted to 7:00 AM to 9:00 PM, Monday through Friday. By the end of Business Hours all participants, barring an emergency, shall have exited the premises. The Hours of Operation shall be restricted to 6:30 AM to 9:30 PM, Monday through Friday. By the end of the Hours of Operation all employees shall be off the premises. 9. Outdoor Activities: All outdoor activities shall be restricted to the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. 10. 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 shall be done between 6:30 a.m. to 9:30 p.m. 11. Fencing: All play areas shall be enclosed with a minimum six foot high fence that shall comply with all of the requirements set for in Section 21.18.060 of the City of Campbell Zoning Code. Note: No structures, including fences or walls, shall be located in the public right of way. 12. 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. 13. Outdoor Play Areas: The maximum number of children allowed in the outdoor play area at any one time is 67 children. 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. 14. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Planning Commission Resolution No. 4031 PLN2011-102 - 531 W. Rincon Avenue -Use Permit -Centro Armonia Preschool Page 5 15. Trash Enclosure: The applicant shall obtain a building permit and construct a trash enclosure for the storage of all refuse containers, if one is not already on site. The trash enclosure shall comply with the requirements set forth in Section 21.18.110 of the Campbell Zoning Code. 16. signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 17. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 18. Parking Area Access: The gated entry to the shared parking area off of W. Rincon Avenue shall remain open and unlocked during the hours of 6:30 AM and 9:30 PM Monday Through Friday, unless all owners, employees, caregivers, and participants associated with the commercial day care use are off site. The applicant shall provide a letter from the owner acknowledging their acceptance of the requirement to provide access to the shared parking area by unlocking the security gate during the above hours of operation prior to the City authorizing the increase in enrollment. Failure to provide access to the parking area during the hours required will be considered a violation of the Conditional Use Permit. 19. Parking, Driveways, and Maintenance: 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. The parking of commercial vehicles is strictly prohibited. 20. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the required and existing on-site landscaping. 21. Outdoor Storage: No outdoor storage or overnight parking is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. The applicant shall remove all inoperable vehicles, miscellaneous auto parts and debris from the property prior to the final inspection completed by the Planning Department. 22. Vinyl Patio Covers: The applicant shall remove or legalize the existing vinyl shade covers attached to the existing buildings. Planning Commission Resolution No. 4031 PLN2011-102 - 531 W. Rincon Avenue -Use Permit -Centro Armonia Preschool Page 6 23. Noise: a. Noise Level: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the commercial day care use shall unreasonably offend the senses or obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. b. Public Address System: An outdoor public address system is not permitted. c. Noise Management: In the event verified complaints are received by the City regarding excessive noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. 24. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name anti contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. SANTA CLARA COUNTY FIRE DEPARTMENT 25. Inspection: Compliance with conditions noted on the DSS 850 Form entered into the Fire District's records on March 15, 2011, by Deputy Fire Marshall Veargason must be met. Planning Commission Resolution No. 4031 PLN2011-102 - 531 W. Rincon Avenue -Use Permit -Centro Armonia Preschool Paae 7 PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 23rd day of August, 2011, by the following roll call vote: Alster, Brennan, Gibbons, Resnikoff, Reynolds and Roseberry None Ebner None APPROVED: Bob Roseberry, Chair ATTEST: Kirk Heinrichs, Secretary