PC Res 4716RESOLUTION NO. 4716
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
CONDITIONAL USE PERMIT c ON PROPERTY LOCATED
AT 1940 HAMILTON AVENUE. THE APPLICATION(S)
UNDER CONSIDERATION INCLUDES A CONDITIONAL
USE PERMIT. FILE NO.: PLN-2024-55.
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 the approval of a Site and
Architectural Review Permit:
1. The Project Site is zoned P-O (Professional Office) on the City of Campbell
Zoning Map.
2. The Project Site is designated Professional Office on the City of Campbell
General Plan Land Use diagram.
3. The Project Site is an approximately 20,000 square-foot parcel located along
Hamilton Avenue, midblock between Leigh and Phantom Avenues and is
currently developed with a Folk Victorian-style building constructed circa 1890
that was converted to a professional office under a Conditional Use Permit
approved by the Planning Commission in 2013.
4. The Proposed Project is an application for a Conditional Use Permit that would
establish a daycare (“commercial child day care center”) within the existing
commercial building and allow the garage to be utilized as a trash enclosure.
5. Section 21.36.080 of the Municipal Code outlines the performance standards for
commercial child care centers, including requirements for parking, noise
suppression, and play area sizes. The proposed use of the property for a
daycare has been evaluated against the performance standards. The proposal
meets all the necessary criteria, including adequate parking provisions, effective
noise suppression measures, and appropriate play area sizes.
6. The designated land use for the area is classified as Professional Office, which
generally encompasses administrative, professional, and research office uses,
as well as instruction for personal and/or professional enrichment. Although a
daycare is not typically categorized under these uses, it shares many
operational characteristics with them, such as maintaining regular business
hours. The site is located within a corridor primarily designated for professional
office uses, and the proposed daycare intends to operate within similar hours,
ensuring consistency in activity levels and traffic patterns. This is consistent with
the following General Plan policies and actions:
Policy LU-1.1 Provide for a broad range of land uses within the city that are
conveniently located in proximity to transit opportunities, and provide
for commercial, public, and quasi-public uses that support and
enhance the livability of residential neighborhoods and districts.
Planning Commission Resolution No. 4716 Page 2 of 3
Approving a Conditional Use Permit
1940 Hamilton Avenue ~ Project File No.: PLN-2024-55
Policy LU-1.10 Maintain a variety of attractive and convenient commercial and office
uses that provide needed goods, services, and entertainment for
residents and visitors.
Policy LU-1.14 Encourage neighborhood services within walking distance of
residential uses.
Action LU-1.h Consider the development of general performance and locational
standards for conditional uses (i.e., drive-thru establishments).
Policy CD-1.1 Recognize that the city is composed of residential, industrial and
commercial neighborhoods, each with its own individual character;
and allow change consistent with reinforcing positive neighborhood
values, while protecting the integrity of the city’s neighborhoods.
7. The proposed parking supply is sufficient per Table 3-1 (Parking Requirements
by Land Use) within Section 21.28.040 (Number of parking spaces required).
8. The existing commercial building will remain unaltered, preserving its potential
for adaptive reuse and maintaining the architectural integrity and character of
the neighborhood. The proposed daycare will operate within the current building
footprint, avoiding any expansions or structural modifications that might disrupt
the neighborhood's visual or functional dynamics
9. The existing garage will be repurposed as a compliant trash enclosure per the
City's code, with the flexibility to be converted back to a garage or office if
needed in the future. This ensures the property's adaptability to future changes
without significant alterations.
10. Concerns about increased noise from the proposed commercial daycare will be
managed by prohibiting outdoor speakers, limiting outdoor activities to 10:00 AM
- 6:00 PM, and implementing secure fencing and controlled entry points. These
measures align with city regulations and minimize disturbances to the
neighborhood.
11. 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.
Based upon the foregoing findings of fact and pursuant to CMC Section 21.42.020
the Planning Commission further finds and concludes that:
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):
1. The project will be consistent with the General Plan;
2. The project conforms with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area;
4. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
and
Environmental Findings (CMC Sec. 21.38.050):
Planning Commission Resolution No. 4716 Page 3 of 3
Approving a Conditional Use Permit
1940 Hamilton Avenue ~ Project File No.: PLN-2024-55
5. This project is Categorically Exempt under Section 15301 of the California
Environmental Quality Act (CEQA) pertaining to existing facilities and Class 1
consisting of the minor alteration of an existing private structure;
6. There are no unusual circumstances that would prevent the project from
qualifying as Categorically Exempt per Section 15300.2c of the CEQA
Guidelines.
THEREFORE, BE IT RESOLVED that the Planning Commission adopts a
Resolution approving a Conditional Use Permit to establish a child daycare center,
(“commercial child day care center”) within an existing office building on property
located at 1940 Hamilton Avenue, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 23rd day of July, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Buchbinder, Krey, Ostrowski, Fields,
Majewski
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Sep 6, 2024 15:41 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit
Project File No.: PLN-2024-55
Where approval by the Director of Community Development, 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 Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review (PLN-2024-55) to allow a commercial child care center use within an
existing commercial building located at 1940 Hamilton Ave. The project shall substantially
conform to the Project Plans included as Attachment B in the July 23, 2024, Planning
Commission Staff Report, except as may be modified by the Conditions of Approval
contained herein.
2. Permit Approval Expiration: The Conditional Use Permit (PLN-2024-55) shall be valid for
one year from the date of final approval (expiring August 2, 2025). Within this one-year
period, an application for the Change of Occupancy Building Permit must be issued.
Failure to meet this deadline or expiration of the Building Permit plan check or issued
Building Permit will result in the Conditional Use Permit with Site and Architectural Review
being rendered void.
3. Operational Standards: Consistent with the submitted Written Descriptions and City
standards, a commercial day care use operating pursuant to the Conditional Use Permit
approved herein shall conform to the following operational standards. Significant
deviations from these standards (as determined by the Community Development Director)
shall require approval of a Modification to the Conditional Use Permit.
a. Commercial day care center: Operation of the commercial day care center shall be in
full compliance with Campbell Municipal Code Section 21.36.080 and the California
Code of Regulations. The commercial day care center 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 be twenty-six
(26) children.
c. Number of staff: The maximum number of staff allowed shall be five (5).
d. Vehicular Management: In the event that three verifiable complaints are received by
the City regarding parking, drop-off and pick-up operations, the Community
Development Director may require establishment of limited duration parking, reduce
the permitted occupancy, limit the hours of operation, require greater staggering of
drop-off and pick-ups, require additional parking management strategies and/or return
the project to the Planning Commission for review.
Conditions of Approval Page 2 of 7
Conditional Use Permit
1940 Hamiton ~ Project File No.: PLN-2024-55
e. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business
Hours', all customers shall have exited the premises. By the end of the 'Operational
Hours' all employees shall be off the premises.
Operational/Staff: 7:00 AM – 7:00 PM, Monday through Friday
Business/Public: 7:00 AM – 7:00 PM, Monday through Friday
f. Outdoor activities: All outdoor activities shall be restricted to 10:00 AM to 6:00 PM,
Monday through Friday.
g. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours."
h. Business License: The business shall be required to obtain and maintain a City
business license at all times.
i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
j. Noise: 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. Use of whistles, amplified devices and other sound generating devices is
prohibited.
k. Meeting with neighbors: As necessary, the operator shall conduct meetings with
surrounding neighbors should issues arise.
l. Staggered drop-off and pick-up times: The drop-off and pick-up times shall be
staggered into two groups to minimize the potential traffic impacts as escribed in the
project description provided by the applicant and listed below:
Staggered Drop-off Times:
- 7:00 AM - 8:00 AM: Early drop-off for 6 children.
- 8:00 AM - 9:00 AM: Main drop-off window for 20 children
Staggered Pickup Times:
- 3:00 PM - 4:00 PM: Early pickup for 6 children.
- 4:00 PM - 5:00 PM: Gradual pickup for 10 children.
- 5:00 PM - 7:00 PM: Late pickup for remaining 10 children.
4. 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. Exterior areas of the business shall include not only the parking lot and
private landscape areas, but also include the public right-of-way adjacent to the business.
Trash receptacles shall be maintained within their approved enclosures at all times.
5. Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall
be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be
kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with
healthy plants of the same or similar type.
Conditions of Approval Page 3 of 7
Conditional Use Permit
1940 Hamiton ~ Project File No.: PLN-2024-55
6. Signage: No signage is approved as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit.
7. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or commercial vehicles as defined by the Municipal Code shall be parked and/or
stored outside the building or within the parking lot.
8. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code.
Parking spaces shall be free of debris or other obstructions.
9. Replacement of Non-Protected Trees: The one non-protected trees proposed for removal
shall be replaced with one (1) tree of a similar species with the proposed location to the
satisfaction of the Community Development Director.
10. Playground Equipment: Any future playground equipment shall be assembled and
installed in compliance with the written instructions of the manufacturer and shall be
inspected by a Certified Playground Safety Inspector who shall certify in writing to the
Building Official that the equipment is in compliance with the California Department of
Health Services regulations regarding playground equipment.
11. Revocation of Permit: Operation of a commercial day care use pursuant to the Conditional
Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code
authorizing the appropriate decision making body to modify or revoke an Conditional Use
Permit if it is determined that its operation has become a nuisance to the City’s public
health, safety or welfare or for violation of the Conditional Use Permit or any standards,
codes, or ordinances of the City of Campbell. At the discretion of the Community
Development Director, if the establishment generates three (3) verifiable complaints
related to violations of conditions of approval and/or related to its operation within a six (6)
month period, a public hearing may be scheduled to consider modifying conditions of
approval or revoking the Conditional Use Permit. The Community Development Director
may commence proceedings for the revocation or modification of permits upon the
occurrence of less than three (3) complaints if the Community Development Director
determines that the alleged violation warrants such an action. In exercising this authority,
the decision-making body may consider the following factors, among others:
a. The number and types of noise complaints at or near the establishment that are
reasonably determined to be a direct result of patrons’ actions or facility
equipment;
b. The number of parking complaints received from residents, business owners
and other citizens concerning the operation of an establishment, including
objectionable or obnoxious odors; and
c. Violation of conditions of approval.
Building Division
12. Permit Required: A Change of Occupancy Building Permit application shall be required for
the proposed project. The Building Permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
13. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
Conditions of Approval Page 4 of 7
Conditional Use Permit
1940 Hamiton ~ Project File No.: PLN-2024-55
PUBLIC WORKS DEPARTMENT
Traffic Engineering Division
14. Parking Management Plan: Parking operations shall align with the Project Description and
adhere to the following guidelines:
a. Parking Allocation:
- Staff Parking: 4 spaces dedicated to staff, ensuring that one space is always
available for rotating use or emergencies.
- Parent Drop-off/Pickup: 7 spaces allocated for short-term use by parents.
b. Staggered Drop-off Times:
- 7:00 AM - 8:00 AM: Early drop-off for 6 children. Parents are encouraged to use
the space for not more than 15 minutes.
- 8:00 AM - 9:00 AM: Main drop-off window for 20 children, distributed over the
hour to minimize overlap and waiting times.
c. Staggered Pickup Times:
- 3:00 PM - 4:00 PM: Early pickup for 6 children. Similar short-term parking usage
as in the morning.
- 4:00 PM - 5:00 PM: Gradual pickup for 10 children, spread throughout the hour.
- 5:00 PM - 7:00 PM: Late pickup for remaining 10 children, distributed over two
hours.
d. Traffic Flow Management:
- Clear signage will be placed to guide parents to the designated drop-off and
pickup areas.
- A staff member will be assigned during peak times (8:00 AM - 9:00 AM and 5:00
PM - 6:00 PM) to manage the flow of cars and ensure timely usage of parking
spaces.
e. Monitoring and Adjustment:
- The parking plan will be monitored for the first month of implementation, with
adjustments made as needed based on observed traffic patterns and parent
feedback.
- Periodic reviews every 6 months to ensure the efficiency of the parking system
and make necessary changes.
15. Drop off: Parents and guardians shall be required to park their vehicles in the designated
parking area and walk their children to the building entrance. Appropriate signage shall be
installed and maintained to clearly indicate this requirement. The administration shall
ensure compliance with this condition through regular monitoring and enforcement.
Engineering Division
Conditions of Approval Page 5 of 7
Conditional Use Permit
1940 Hamiton ~ Project File No.: PLN-2024-55
16. Trash Enclosure Requirements: The following are standard trash enclosure requirements
pursuant to NPDES Permit No. CAS612008 (CRWQCB), C.3.a.i. (7). For all new
development and redevelopment projects that are subject to the Permittee’s planning,
building, development, or other comparable review, but not regulated by Provision C.3,
encourage the inclusion of adequate source control measures to limit pollutant generation,
discharge, and runoff. These source control measures should include:
a. Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control /
Requirements". The code states that no pollutants or water containing pollutants
can be discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over
and into roofless enclosures, collecting pollutants and discharging to the City's
storm drain system. Applicants are required to show how new trash enclosures
will not discharge pollutants into the storm drain system.
c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure and the trash enclosure drain connects to their
sanitary sewer system.
17. Stormwater Management Plan: Stormwater management strategies shall align with the
project description and adhere to the following guidelines:
a. Non-Stormwater Discharge Prevention
i) Discharge Prohibition Compliance: Implement measures to prevent any
discharge other than stormwater. This includes installing a roof over the
trash enclosure to minimize rainwater contamination.
ii) Practice good housekeeping: Conduct regular sweeping or
vacuuming of outdoor areas Keep outside areas free of trash & debris.
Do not hose out dumpsters or fill them with liquid waste. Regularly
inspect, repair, and/or replace dumpsters.
b. Protection Against Accidental Discharge
i) Spill Prevention: Develop procedures to prevent/mitigate spills to storm
drain systems. Standardize reporting procedures, containment, storage,
and disposal activities, documentation, and follow-up procedures. Post
“No Dumping” signs with a phone number for reporting illegal dumping
and disposal. Storm drain system signs act as highly visible source
controls that are typically stenciled directly adjacent to storm drain inlets.
Stencils should read “No Dumping Drains to Ocean”
ii) Emergency Response Plan: Develop and implement a plan for
immediate action in case of accidental discharge, including notification
procedures to the city or designated agent within 24 hours. Spill Control
and Cleanup Activities Identify key spill response personnel Clean up
leaks and spills immediately. Place a stockpile of spill cleanup materials
where they will be readily accessible (e.g. near storage and maintenance
areas). Utilize dry cleaning methods to clean up spills to minimize the use
of water. Use a rag for small spills, a damp mop for general cleanup, and
absorbent material for larger spills.
Conditions of Approval Page 6 of 7
Conditional Use Permit
1940 Hamiton ~ Project File No.: PLN-2024-55
c. Watercourse Protection
i) Site Maintenance: Regular maintenance of the area around the trash
enclosure to ensure no trash or debris enters the watercourse. Conduct
regular cleaning. Sweeping or vacuuming the parking facility is
encouraged over other methods. Sweep all parking lots at least once
before the onset of the wet season. Establish frequency of sweeping
based on usage and field observations of waste accumulation.
ii) Properly collect and dispose of wash water. Block the storm drain
or contain runoff. Wash water should be collected and pumped to the
sanitary sewer or discharged to a pervious surface, do not allow wash
water to enter storm drains. Refer to fact sheet IC24 Wastewater
Disposal for guidance on appropriate methods for disposal of wash water
to the sanitary sewer. Dispose of parking lot sweeping debris and dirt at a
landfill.
iii) Keep the parking and storage areas clean and orderly. Clean out
and cover litter receptacles frequently to prevent spillage. Remove debris
in a timely fashion. OPTIONAL: Post “No Littering” signs
d. Outdoor Storage of Materials
i) Material Storage Compliance: Store all materials in a manner that
minimizes discharge of pollutants. Utilize covered bins and ensure all
containers are sealed when not in use. Keep dumpsters inside the
enclosure at all times when not being serviced by the garbage company.
Replace leaking dumpsters. Dumpsters without tight lids or that leak must
be replaced or repaired. Some dumpsters have plugs that need to remain
in place. Contact your service provider for help. Pick up dropped wastes
and sweep the dumpster area. Inspect the garbage and recycling area
daily for dropped wastes, overfilled or leaking dumpsters and trash
compactors, and dumpsters with open lids.
e. Documentation and Record-Keeping
i) Record Maintenance: Keep records of all maintenance activities,
accidental discharges, and measures taken to prevent recurrence for a
minimum of three to five years. Where an accidental discharge of
prohibited materials or other wastes has entered the municipal storm
drain system or a watercourse, such incident shall be reported to city or
designated agent as soon as possible, but in no event later than twenty-
four hours after such a discharge. A notice shall be permanently posted
in a conspicuous place on the premises of each commercial or industrial
establishment advising employees of the department or agency to call in
case of such an accidental discharge.
ii) Employee Training and Awareness: Conduct regular training for
employees on stormwater management practices and emergency
response procedures. Train employees on these BMPs, storm water
discharge prohibitions, and wastewater discharge requirements. Train
employees on proper spill containment and cleanup. Establish training
that provides employees with the proper tools and knowledge to
Conditions of Approval Page 7 of 7
Conditional Use Permit
1940 Hamiton ~ Project File No.: PLN-2024-55
immediately begin cleaning up a spill. Ensure that employees are familiar
with the site’s spill control plan and/or proper spill cleanup procedures.
Establish a regular training schedule, train all new employees, and
conduct annual refresher training. Use a training log or similar method to
document training.
18. Implementation Costs: The applicant shall adhere to the conditions of approval pertaining
to the stormwater management plan provided in Condition of Approval No. 17. This initial
review as well as any subsequent reviews or modifications to the stormwater management
plan shall incur a Trash Enclosure Plan Check fee. Prior to the Building Permit Final, this
fee shall be billed at an hourly rate specified in the City’s fee schedule, with a maximum of
2 hours, and be paid prior to Building Permit Final.
FIRE DEPARTMENT
19. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall make application to, and
receive from, the Building Division all applicable construction permits.
Note: Change of occupancy will be reviewed at building permit.
20. No Violation: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the Fire Code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].
21. Fire Alarm System: A fire alarm system shall be required and submitted as a deferred
submittal.
Resolution 4716 ~ 1940 Hamilton Ave
Final Audit Report 2024-09-09
Created:2024-09-06
By:Nina Comcai (ninac@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA0u0S1QuDjv_Nkq75HpTo9GgT5PbBFgus
"Resolution 4716 ~ 1940 Hamilton Ave" History
Document created by Nina Comcai (ninac@campbellca.gov)
2024-09-06 - 6:02:39 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-09-06 - 6:02:44 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-09-06 - 6:02:44 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-09-06 - 10:40:50 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-09-06 - 10:41:27 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-09-09 - 6:46:17 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-09-09 - 6:46:24 PM GMT - Time Source: server
Agreement completed.
2024-09-09 - 6:46:24 PM GMT