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Approval & Resolution - Mod to Use Permit - Daycare - 2013CITY of CAMPBELL Community Development Department June 4, 2013 Starbright School, Inc. 1806 W. Campbell Avenue Campbell, CA 95008 Re: PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Dear Applicant: Please be advised that at its meeting of May 28, 2013, the Planning Commission adopted Resolution No. 4104 approving a Modification (PLN2013-41) to a previously approved Conditional Use Permit (UP 95-03A) to allow the expansion of an existing daycare 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, June 7, 2013. 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 Kirkorian Properties, LP (Property Owner) 1630 W. Campbell Avenue Campbell, CA 95008 70 North First Street Campbell, California 95008-1 4 36 • Tt1. 408.&65.2140 • rax 408.871 .5140 • TIED -~08.8ti6.'?'9Q LJ inou„ It f.C'1"('I l.ll I',~I'I~.I: RESOLUTION NO. 4104 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2013-41) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 95-03) TO ALLOW THE EXPANSION OF AN EXISTING DAYCARE ON PROPERTY LOCATED AT 1806 W. CAMPBELL AVENUE. 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 PLN2013-41: Environmental Finding 1. The project qualifies as a Categorically Exempt project under 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 W. Campbell Avenue, between Fulton Street and South San Tomas Aquino Road. 2. The subject parcel is surrounded by commercial land uses to the north, east and west, and residential uses to the south. The transition of this space into service use encroaches on a predominately retail center. 3. The proposed expansion of an existing daycare center is consistent with the Neighborhood Commercial General Plan land use designation for the project site. 4. The proposed project is consistent with the requirements of the C-1-S Neighborhood Commercial Zoning District and will be consistent with the Zoning Ordinance with approval of a Modification to a previous Conditional Use Permit. 5. A Conditional Use Permit allowing the establishment of a commercial daycare with a maximum of 144 children was approved by the Planning Commission on April 11, 2005 and modified on August 14, 2007. The currently proposed project would allow for a 7,230 square foot expansion to the existing 10,285 square foot facility with a maximum of 180 students allowed. 6. No exterior modifications to the building are proposed. 7. The hours of operation shall be restricted to 7:30 a.m. to 6:00 p.m., daily for indoor activity and 8:00 a.m. to 6:00 p.m. daily for the outdoor play area.