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Use Permit - Commercial Daycare - 2015Community ©evelopment Department August 3, 2015 Hong Yang , 5070. Sutter Creek Drive San Jose, CA 95136 Re: PLN2014-301-1625 W. Campbell Avenue-Use Permit=Commercial Daycare Center Dear Applicant: Please be advised that at its; meeting of July 28,.2015, the Planning ~Cornmission adopted Resolution No. 4224 approving a. Conditional Use Permit (PLN2014-301) to allow the establishment of a commercial daycare center (pre-school and after-school care) 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, August 7, 2015. 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 Daniel Fama Associate Planner cc: Paul Kermoyan, Community Development Director SSSD Campbell, LLC (Prop Owner) 48820 Kato Rd, #5006, Fremont, CA 94538 RESOLUTION NO. 4224 BEING A RESOLUTION OF THE PLAI`JNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A COMMERCIAL DAYCARE CENTER (PRE-SCHOOL AND AFTERSCHOOL CARE) ' WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 1625 W. CAMPBELL AVENUE. FILE NO: PLN2014-301 ' After notification and public hearing, as' specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2014-301: 1. The project site is located on West Campbell Avenue, west of San Tomas Aquino Road. 2. The project site is zoned C-1 (Neighborhood Commercial) as shown on the Campbell Zoning Map. 3. The project site is designated Neighborhood Commercial as shown on the Campbell General Plan Map. 4. Surrounding uses include a restaurant to the west, a retail center to the east, professional offices to the north, and Kirkwood Plaza to the south, across Campbell Avenue. _, 5. The proposed project is a commercial daycare center with daycare and afterschool programs. 6. The commercial daycare center would occupy an existing 9,735 square-foot office building. 7. The hours of operation shall be restricted to 7:30. AM to 6:00 PM, Monday through Friday and 8:00 AM to 6:00 PM, Saturday and Sunday. 8. The proposed project would include 29 parking spaces, where only 18 are required. 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 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. . T,Planning Commission Re~,~, ition No. 4224 , 1625 W. Campbell Ave. - Approving a Conditional Use Permit Pace 2 of 2 6. The site is adequate in terms of size and shape to accommodate the~fences and wails, 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. - 8. The project Categorically Exempt under Section 15303, Class 3(c) of the California Environmental Quality Act (CEQA), which exempts a change of use in a building of less than.10,000 square feet where only minor changes to the building are proposed. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2014-301) to allow the establishment of a commercial daycare center (pre-school and afterschool care) within an existing commercial building on property located at '1625 W. Campbell Avenue, subject to the attached .Conditions of Approval (attached Exhibit "A"). - PASSED AND ADOPTED tf AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 28th day of July, 2015, by the~following roll call vote: Finch, Reynolds, Dodd, Rich, Kendall, Bonhagen, and Young None None None - APPROVED: Pamela Finch, Chair ATTEST: Paul Kermoyan, Secretary