Use Permit - 2000FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 · (408) 378-9342 (fax) · www.sccfd.org
13 September 2000
Christin Tran
Puka Beginnings Day Care
453 West Campbell Avenue
Campbell CA 95008
RE: Request for State Licensing Agency Fire Clearance - Puka Beginnings Day Care
Christin Tran:
We have a request from the Department of Social Services/Community Care Licensing
for a Fire Department Clearance for the above referenced facility. You request has been
~isapp~r the following reason:
.~~tal Capacity requested is not compatible with the facility/local regulations. [ ] The building is not incompliance with Fire Code regulations.
[ ] The facility is no longer in operation and is not receiving annual inspections as
required by state regulations.
[ ] The facility operator has failed to correct deficiencies noted in a recent Fire
Inspection Report after receiving three re-inspections of the facility.
Please resubmit your request to the Department of Social Services/Community Care
Licensing for a new Fire Inspection Request. All deficiencies must be corrected before
Fire Clearances may be granted.
Should you have any specific questions prior to meeting for the inspection you may
contact me at 408-378-4010x14.
Chris Veargason
Deputy Fire Marshal
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
STATE OF CAL,FORN,A
FIRE SAFETY INSPECTION nE-QUEST
STD. 850 (REV. 1(~94)
See instructions on reverse.
AGENCY CONTACT'S NAME
DSS COM CARE LICENSING
EVALUATOR'S NAME
DEE FARRELL/j j
TELEPHONE NUMBER ~ REQUEST DATE
(408) 277-1 286I 08-28-0C
REQUESTING AGENOYFAClUTY NUMBER
434404337 & 434404338
LICENSING
~ENCY
NAME AND
ADDRESS
DEPAI~I'MENT OF SOCIAl. SERVICES
COMMUNITY CARE LICENSING
JOSE DISTRICT OFFICE-CHILD CAR2
111 N. MARKET ST., SUITE 300
SAN JOSE, CA 95113
NONAMBULATOR¥
~ , BEDRIDDEN
CAPAC'I~ if' PREVlOU$o~;APAC~'Y
PROGRAM
CCF 109
REQUEST CO~)E
CODES
1. ORIGINAL k FIRE CLEARANCE
2. RENEWAL B. LIFE SAFETY
3. CAPACITY CHANGE
4. OWNERSHIP CHANGE
5. ADDRESS CHANGE
6. NAME CHANGE
7. OTHER
UCENSE CATEGORY ~, ,~,./ '
~/ ~: AMBUI~ATORY , .,
INF 10 0
FACILITY NAME
PUKKA BEGINNINGS:
CAPACI%
PREVIOUS CAPACIIY
0
A MONTESSORI COMMUNITY
- RESTRAINT
cn~AMPBELL, CA ' 95008 - : .....
FACI~'I~' CONTACT PERSON'S NAME ' HOURS
~CHRISTIN 'TRAN i::: 408-379-0469.. ' -
SPECIAL CONDITIONS
FIRE
AUTHORITY
-- NAM E AND
ADDRESS
~Typed o~ Printed~.p. ~ j ;) '
SANTA CLARA CO. FD
1 4700 WINCHESteR BLVD
LOS GATOS~ CA_=e~., -95032-1 818 ·
~E. N~BER
~CFIRS NUMBER :_< ~ I ,OCCUPANCY CLASS
I
..... ~-.:--I !':'- ' :'..
CLEARANCE/DENIAL COOE
CODES
1. FIRE CLEARANCE GRANTED
,~.FIRE CLEARANCE DENIED
B. CONSTRUCTION
C. FIRE ALARM
D. SPRINKLERS
E. HOUSEKEEPING
F. SPECIAL HAZARD
County of Santa clara
Office of tl~e County Clerk-Recorder
County Government Center, East wing
70 West He, riding Street
San Jos~. California 0.51 I0
(408) 29~-24.81
POS'I~D ON' , TFI~ f~'G~ ....
IN THE OFFICE OF THE C()UNTY CLERK_REcoRDER
BREN~ ~AVIS, COUNTY CiJ~RK
BY U. HORIUCH[ DEPUTY
*ENVIRONMENTAL DECLARATION
NAME OF LEAD AGENCY:
NAME OF APPLICANT:
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
S ,~ ' Clam Co.tv
FILING NO.
1. ( ) NOTICE OF PREPARATION
--NO FEE--
NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION --NO FEE--
3. NOTICE OF DETERMINATION
( )
A--NEGATIVE DECLARATION PURSUANT TO SECTION 21080(C) OF THE PUBLIC
RESOURCES CODE
$1,250.00 (Twelve Hundred Fifty Dollars)--STATE FILING FEE
$25.00 (Twenty-Five Dollars)--CLERK FEE
) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE--
4. NOTICE O¢ DETERMINATION
( )
A--ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21152 OF THE
PUBLIC RESOURCES CODE
$850.00 (Eight Hundred Fifty Dollars) --STATE FILING FEE
$25.00 (Twenty-Five DoIlars)--CLERK FEE
) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE--
*THIS FORM MUST BE COMPLETED AND FILED WITH ALL ENVIRONMENTAL DOCUMENTS FILED
WITH THE SANTA CLARA COUNTY CLERK-RECORDER'S OFFICE.
MAKE CHECKS PAYABLE TO: COUNTY CLERK-RECORDER
Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete MCHugh. James T. Be,3II Jr., S. Joseph Simitian ~}
CounB/Executive: Richard Wittenberg ~
~.0~ ' CA a~
CITY OF CAMPBELL
Community Development Department · Current Planning
September 13, 2000
Christin Tran
453 W. Campbell Avenue
Campbell, CA 95008
Re: PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Dear Applicant:
Please be advised that the Planning Commission, at its meeting of September 12, 2000,
adopted Resolution No. 3299 granting a Conditional Use Permit to allow the
establishment of a day care facility for 24 children on the above-referenced property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The
time within which judicial review of this decision must be sought is governed by
California Code of Civil Procedure, Section 1094.6.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
Sincerely, _
Tim J. Haley
Associate Planner
CC:
Harold Housley, Public Works
Frank Mills, Building Department
Chris Veargason, County Fire
70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2140 · FAX 408.866.8381 ' TDD 408.866.2790
RESOLUTION NO. 3299
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL
USE PERMIT TO ALLOW THE ESTABLISHMENT OF A DAY
CARE FACILITIY FOR 24 CHILDREN ON PROPERTY
LOCATED AT 453 W. CAMPBELL AVENUE IN AN R-l-6
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MS. CHRISTIN TRAN. FILE NO. PLN2000-
68 (UP):
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2000-68 (UP):
1. The project site is located on property zoned R-l-6 (Single Family Residential) is designated
as Low Density Residential Land Use on the General Plan.
2. The proposed day care facility is a use permitted in the R-l~6 (Single Family) Zoning
District, subject to a conditional use permit approval.
3. The site plan indicates the provision of 5 on-site parking spaces and the ability to provide 4
drop-off and pick-up parking spaces along the West Campbell Avenue frontage.
4. The proposed conversion of the existing residence into a day care use is permitted in the R-1
(Single Family Residential) Zoning District with approval of a Conditional Use Permit.
5. The hours of operation of the proposed use are Monday through Friday, 8 a.m. to 6 p.m.,
which is consistent with the proposed hours of operation for the day care facility.
The project plans illustrate that the existing residence and the yard areas surrounding the
residence provide adequate space to accommodate interior and exterior needs of the day care
use.
7. The proposed use subject to the conditions of approval is compatible and consistent with the
surrounding residential uses.
8. The conversion of the residential structure will be required to meet all City Building Code
requirements and Community Care Licensing Requirements of the State of California.
Planning Commission Resolution No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 2
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed use is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in the
neighborhood of the proposed use, or be detrimental to property and improvements in the
neighborhood or to the general welfare of the City.
3. The proposed site is adequate in size and shape to accommodate the proposed day care
facility.
4. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of
traffic such use would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Project: Approval is granted for a Use Permit (PLN2000-68) to allow the
conversion of a residence into a day care center serving 24 children on property located at
453 W. Campbell Avenue. Project shall substantially comply with the submitted plans:
A. Project plans prepared by Joe Hernandez, Architects, dated May 3, 2000 consisting of
three sheets.
B. Applicant's written statement dated May 5, 2000 providing an operational description,
except as modified herein in by the Conditions of Approval.
C. Care shall be limited to a maximum of 24 children.
D. Applicant shall obtain approval from the California State Department of Social Services,
Community Care Licensing.
Use Permit Expiration: The Use Permit approval (PLN2000-68) for this project is valid for a
period of one 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 Use
Permit shall be void.
3. Hours of Operation: The hours of operation for the day care facility use shall be 8 a.m. to 7
p.m., Monday through Friday as stated in the applicant's project summary description.
Planning Commission Resolution No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 3
Silage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit.
A Sign Permit may be granted upon complete submission of a Sign application and approval
by the Community Development Department in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved an a permit issued.
Noise: Outside play times shall be restricted to 11:00 a.m. to 4:30 p.m. In the event that
verified complaints are received by the Planning Department, the Community Development
Director may restrict or modify the permitted hours of the outside play area. Any decision of
the Community Development Director may be appealed to the Planning Commission.
Revocation of Use Permit: The Planning Commission may consider revocation of this use
permit at a scheduled heating, if the project violations the conditions of approval specified by
the Planning Commission. The operation of the day care use shall not unreasonably interfere
with the use and enjoyment of adjacent property owners rights of their residential properties.
PUBLIC WORKS DEPARTMENT
Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the
site, the applicant shall provide a current preliminary title report, grant deed or other
satisfactory proof of ownership.
o
Right-of-Way for Public Street Purposes: Prior to issuance of any permits for the site, the
applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along
the Campbell Avenue frontage to accommodate 10 feet from face of curb. The applicant
shall cause all documents to be prepared by a registered civil engineer/land surveyor, as
necessary, for the City's review and recordation.
Street Improvements: Prior to issuance of any permits for the site, the applicant shall
execute a street improvement agreement and shall cause plans for public Street
Improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an encroachment permit for construction of the
standard public street improvements, as required by the City Engineer. The fee for a non-
utility encroachment permit is $245.00. The fee for a minor non-utility encroachment permit
is $50.00. The plans shall include the following:
· Remove existing driveway approach on Campbell Avenue.
· Construct new curb, gutter and sidewalk on Campbell Avenue where the approach is
removed.
· Construct ADA compliant pedestrian ramp at the intersection.
· Removing existing non-ADA compliant driveway on Hardy Avenue.
· Construct new ADA compliant driveway approach on Hardy Avenue.
· Construction of conforms to existing public and private improvements as necessary.
· Installation of traffic control signs and stripes, as necessary
Planning Commission Resolution No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 4
10. Conforms: Construction of conforms to existing public and private improvements as
necessary.
11. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
12. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
13. Storm Drain Area Fee: Prior to issuance of any permits for the site, the applicant shall pay
the required Storm Drain Area fee. The current fee is $2,000 per acre.
14. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
BUILDING DEPARTMENT
15. Permits Required: A building permit application shall be required for the proposed
conversion of the structure from residential use to commercial use. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
16. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permits. Plans shall be prepared and stamped by a
California licensed engineer or architect.
17. Size of Plans: The maximum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
18. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
19. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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
Planning Commission Resolution No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 5
with U.B.C. Section 106.3.05. Please obtain City of Campbell, Special Inspection forms
from the Building Department.
20. Non-Point Source Pollution Control Program: 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 inches by 36 inches) is available at the Building
Department.
21. Title 24 Accessibility - 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.
22. Title 24 Accessibility - 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 the Building Department.
23. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
A. West Valley Sanitation District
B. Santa Clara County Fire Department
FIRE DEPARTMENT
24. State Licensing and Fire Inspection: The applicant shall comply with the State of California
Department of Social Services licensing requirements prior to advertising or opening for
business. The Fire Department shall be contacted in that process to perform a site inspection
for compliance with the appropriate fire and life safety provisions of the fire code and State
health and safety codes prior to an annual day care permit being issued by this department.
PASSED AND ADOPTED this 12~ day of September, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Gibbons, Hemandez, Jones, Lindstrom,
None
Francois, Lowe
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
Planning Commission Minutes of September 12, 2000
Page 16
6. PLN2000-68 Public Heating to consider the application of Ms. Christin Tran for
Tran, C. approval of a Conditional Use Permit (PLN2000-68) to allow the
establishment of a day care facility for 24 children on property
located at 453 W. Campbell Avenue in an R-l-6 (Single Family
Residential) Zoning District. This project is Categorically Exempt.
Planning Commission decision final, unless appealed in writing to
the City Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking a Conditional Use Permit to allow the conversion of a
duplex into a day care facility serving 24 children.
· The project site is located on the comer of W. Campbell and Hardy Avenues.
· The property is zoned R-l-6 (Single Family Residential).
· Proposed hours of operation are from 8 a.m. to 6 p.m.
· The lot size is 11,000 square feet. The building consists of 2,700 square feet with a two-car
garage that will be retained for parking vehicles.
· A pick up and drop off zone will be established on Campbell Avenue.
· Five parking spaces will be provided on site.
· Staff recommends approval of this application.
Commissioner Hemandez expressed concern with the number of children on a site this size.
Mr. Tim J. Haley:
· Advised that the proposed use is compatible with the surrounding area.
· Stated that the site includes a safe drop off and play areas.
· Added that the size of the property is within reason for the proposed use.
Commissioner Lindstrom presented the Site and Architectural Review Committee report as
follows:
· Stated that SARC supports the proposal, adding that the applicant must obtain a State of
California Permit.
· Added that this proposal is workable.
Commissioner Doorley sought clarification that no one would live at this property.
Mr. Tim J. Haley advised that there would be no living area remaining with this structure's use
as a day care facility.
Commissioner Doorley asked if this use will restrict uses of the property in the future.
Planning Commission Minutes of September 12, 2000 Page 17
Mr. Tim J. Haley advised that the applicant loses the right to use the property as a duplex after
one year. If they convert back to residential uses, it would be solely as a single-family residence.
Added that converting the property back to single family from a day care use is not difficult.
Chairperson Gibbons asked how long this approval is in effect.
Mr. Tim J. Haley advised that the approval runs with the land. If violations to the Conditions of
Approval occur, revocation of the approval would be possible.
Chairperson Gibbons asked if vans would be used to reduce traffic as has been required with
some other day care use. Asked if there is any issue regarding the potential number of cars
accessing this site.
Mr. Tim J. Haley advised that discussions have occurred regarding the potential for staggering
arrival times. However, there are several sibling groups being served which reduces the number
of trips to the site.
Chairperson Gibbons asked if traffic concerns could be a basis for revocation.
Mr. Tim J. Haley replied yes.
Chairperson Gibbons opened the Public Hearing for Agenda Item No. 6.
Chairperson Gibbons closed the Public Hearing for Agenda Item No. 6.
Commissioner Doorley:
· Stated that he is conflicted, finding the traffic plan to be unrealistic.
· Advised that he would prefer to drop onto Hardy to drop children off at this site as he would
find that street safer than stopping on the busy Campbell Avenue.
· Said that despite the letter from the provider to parents to u-turn at Winchester, he finds that
is also an unrealistic expectation and one that he would not personally comply with to reach
this site.
Chairperson Gibbons:
· Stated that it was important for the applicant to realize that violations to the Conditions of
Approval could result in the revocation of the Use Permit. These Conditions are real and will
be evaluated over time.
· Said that no more than 24 children can be enrolled.
· Said that she would support approval.
Motion:
Upon motion of Commissioner Hernandez, seconded by Commissioner
Jones, the Planning Commission adopted Resolution No. 3299 approving a
Conditional Use Permit to allow the establishment of a day care facility for
Planning Commission Minutes of September 12, 2000
Page 18
24 children on property located at 453 W. Campbell Avenue, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Doorley, Gibbons, Hernandez, Jones, Lindstrom
None
Francois, Lowe
None
Chairperson Gibbons advised that decision is final in 10 days, unless appealed in writing to the
City Clerk.
Chairperson Gibbons read Agenda Item No. 7 into the record.
PLN2000-101
Brown, P.
Public Hearing to consider the applications of Mr. Padraig Brown for
approval of a Conditional Use Permit (PLN2000-101) to allow an on-
sale beer/wine license in conjunction with an existing restaurant
(Pizza Pad) on property located at 2099 S. Bascom Avenue in the C-
2-S (General Commercial) Zoning District. This project is
Categorically Exempt. Planning Commission decision final, unless
appealed in writing to the City Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking an on-sale beer and wine license in conjunction with an
existing restaurant.
· The project site is on Bascom Avenue, south of Campbell Avenue, within a mixed retail
building.
· The business occupies 1,200 square feet of retail space or 11% of the building area.
· Zoning is C-2-S (General Commercial), which allows restaurant use with beer and wine sales
with the issuance of a Conditional Use Permit.
· The Police Department reviewed this request and had no objections or conditions.
· Staff recommends that the Commission adopt a Resolution approving this application.
Commissioner Doorley asked if the applicant is present.
Chairperson Gibbons opened the Public Hearing for Agenda Item No. 7.
Commissioner Doorley asked the applicant, Mr. Padraig Brown, about the large beer banner
signs already on site.
Mr. Padriag Brown advised that the signs also depict the Sharks which is why he posted them
and assured the Commission that no beer has been sold at his restaurant prior to his Use Permit.
CITY oF CAMPBELL
Public ~'orks Department
September 22, 2000
Christin Tran
453 W. Campbell Avenue
Campbell, CA 95008
Re: Application PLN 2000-68 - 453 W. Campbell Avenue
Dear Ms. Tran:
The Planning Commission, at its meeting of September 12, 2000, adopted Resolution 3299
granting a Conditional Use Permit to allow the establishment of a day care facility for 24
children on the above-referenced property.
At your earliest convenience, I would like to arrange a meeting with you, your consultants,
and the City's Public Works land development representative(s). The purpose of the meeting
would be to review the conditions of approval imposed by the Public Works Department and
the Department's procedures and requirements for satisfaction of those conditions. The land
development representative(s) may also include staff members from the Planning and Building
Divisions, if necessary. We hope this meeting will facilitate your project and assist in making
your project a success.
Please contact me at (408)866-2158 to arrange a meeting time and to answer any questions.
.SinceretyL~/ ~
Land DeVelopment Engineer
CC:
Bill Helms, Land Development Manager
Bill Bruckart, Building Official
Tim Haley, Associate Planner
h:\landdev/453wcampbellstdltr(mp)
70 North First Street - Campbell, California 95008-1423 - TEL 408.866.2 150 . F.~X 408.376.0958 · TOD 408.866.2790
ITEM NO. 6
STAFF REPORT--PLANNING COMMISSION MEETING
OF SEPTEMBER 12, 2000
PLN2000-68
Tran, C.
Public Hearing to consider the application of Ms. Christin Tran for
approval of a Conditional Use Permit (PLN2000-68) to allow the
establishment of a day care facility for 24 children on property located
at 453 W. Campbell Avenue in an R-1-6 (Single Family Residential)
Zoning District. This project is Categorically Exempt. Planning
Commission decision final, unless appealed in writing to the City
Clerk within 10 days.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution approving a Conditional Use Permit to allow the conversion of a
residential structure into a day care center for 24 children, subject to the attached Conditions of
Approval.
ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt in accordance with Section 15301 (Existing Facilities) of
the California Environmental Quality Act. No further environmental action is required.
PROJECT DATA
Gross Lot Area:
Net Lot Area:
.40 acres 17,275 square feet
.25 acres 11,164 square feet
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
27.5% (3,074 square feet)
59 % (6,590 square feet)
13.5% (1,500 square feet)
Parking
Provided:
Required:
5 parking spaces (2 garage and 3 driveway)
2 parking spaces for minimum staffing and pick-up and drop-off
Planning Commission Staff ,~eport
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 2
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit
(PLN2000-68) to allow the establishment of a day care facility serving 24 children within an
existing duplex. The applicant is currently operating a small family day care use of up to 8
children at one time in a portion of the duplex and has retained a residence in the remaining
portion of the duplex. The proposed project would allow the conversion of the complete duplex
into a day care center. The project site is located on the northwest comer of West Campbell and
Hardy Avenues. A day care center is permitted within any zoning district, subject to approval of
a Conditional Use Permit.
ANALYSIS
General Plan Designation: The General Plan land use designation for the site is Low Density
Residential. The proposed day care use is consistent with the General Plan, subject to approval
of a Conditional Use Permit.
Zoning Designation: The zoning designation for the project site is R-l-6 (Single Family
Residential). The existing duplex use is a legal non-conforming use of the property. The existing
small family day care use is a permitted use within the R-l-6 Zoning District and a day center is
permitted subject to approval of a Conditional Use Permit.
Use: The applicant has submitted a project description that seeks the conversion of the existing
duplex into a day care facility serving 24 children. The hours of operation for the day care
facility are Monday through Friday, 8 a.m. to 6 p.m. Outside play times have been indicated as
between the hours of 12:30 - 1:00 p.m. and 3:30 - 4:30 p.m. The applicant has indicated that a
significant portion of her students participate in a half day morning program.
Staff levels required by the state are at a ratio of 1 staff member for each twelve children. The
applicant has indicated a staffing level of 3 to 4 staff for the requested day care use of 24
children.
Floor Plan: The existing building is 2710 square feet with an attached two car garage of 364
square feet. The plans show that the existing duplex units will be eliminated and converted into
one building used for the day care. The existing two car garage along Hardy Avenue will be
retained and used for staff parking.
Site Plan and Exterior Modifications: The site plan indicates the installation of a decorative 3'6"
fence along street yard areas and a fenced play area along west and north sides of the existing
residence. A rear play area of 3285 square feet is shown on the site plan.
Planning Commission Staff .,eport
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 3
Noise: Staff is recommending a condition of approval that allows the Community Development
Director to limit the outdoor play area times and the Planning Commission to review the use
permit if it adversely impacts adjacent residential uses.
Landscaping and Trees: No specific landscaping improvements are proposed. The existing yard
spaces have established tree coverage and are improved with turf areas.
Parking and Circulation: The site plan indicates the provision of a two car garage and three
driveway spaces for the day care use. The applicant is proposing the establishment of a drop off
and pick-up zone on West Campbell Avenue on the street. This parking lane area accommodates
approximately 4 to 5 cars and measures 104 feet in length.
The proposed day care is located along a portion of West Campbell Avenue that experiences
significant traffic during the morning and evening commute hours. Left turn movements both to
and from the site may be delayed due to this traffic pattern. The applicant requires that clients
access the day care center from east bound Campbell Avenue use the u-turn movement at
Winchester Boulevard. A condition of approval is recommended that requires that clients not
create traffic impacts on Hardy Avenue and follow the u-turn policy described above.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed the application at its meeting of August 22, 2000, and was supportive of the proposed
use based upon the applicant's commitment to stagger the arrival times of her students.
2.
3.
4.
5.
Prepared by: ~l!~ate
Attachments
Findings for Approval
Conditions of Approval
Operational description dated May 5, 2000
Exhibits
Location Map
Planner
Approved by:
Sharon Fierro, Community Development Director
Attachment 1
FINDINGS OF APPROVAL FOR FILE NO. PLN2000-68
SITE ADDRESS: 453 W. Campbell Avenue
APPLICANT: Christin Tran
P.C. MEETING: September 12, 2000
The Planning Commission finds with regards to file no. PLN2000-68:
1. The project site is located on property zoned R-l-6 (Single Family Residential) is designated as
Low Density Residential Land Use on the General Plan.
2. The proposed day care facility is a use permitted in the R-l-6 (Single Family) Zoning District,
subject to a conditional use permit approval.
3. The site plan indicates the provision of 5 on-site parking spaces and the ability to provide 4 drop-
off and pick-up parking spaces along the West Campbell Avenue frontage.
4. The proposed conversion of the existing residence into a day care use is permitted in the R-1
(Single Family Residential) Zoning District with approval of a Conditional Use Permit.
5. The hours of operation of the proposed use are Monday through Friday, 8 a.m. to 6 p.m., which is
consistent with the proposed hours of operation for the day care facility.
6. The project plans illustrate that the existing residence and the yard areas surrounding the residence
provide adequate space to accommodate interior and exterior needs of the day care use.
7. The proposed use subject to the conditions of approval is compatible and consistent with the
surrounding residential uses.
8. The conversion of the residential structure will be required to meet all City Building Code
requirements and Community Care Licensing Requirements of the State of California.
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed use is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public health,
safety, peace, morals, comfort or general welfare of persons residing or working in the
neighborhood of the proposed use, or be detrimental to property and improvements in the
neighborhood or to the general welfare of the City.
3. The proposed site is adequate in size and shape to accommodate the proposed day care facility.
4. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of
traffic such use would generate.
Attachment 2
CONDITIONS OF APPROVAL FOR FILE NO. UP 98-10
SITE ADDRESS: 453 W. Campbell Avenue
APPLICANT: Christin Tran
P.C. MEETING: September 12, 2000
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. 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
1. Approved Proiect: Approval is granted for a Use Permit (PLN2000-68) to allow the conversion of
a residence into a day care center serving 24 children on property located at 453 W. Campbell
Avenue. Project shall substantially comply with the submitted plans:
A. Project plans prepared by Joe Hernandez, Architects, dated May 3, 2000 consisting of
three sheets.
B. Applicant's written statement dated May 5, 2000 providing an operational description,
except as modified herein in by the Conditions of Approval.
C. Care shall be limited to a maximum of 24 children.
D. Applicant shall obtain approval from the Califomia State Department of Social Services,
Community Care Licensing.
Use Permit Expiration: The Use Permit approval (PLN2000-68) for this project is valid for a period
of one 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 Use Permit shall be void.
3. Hours of Operation: The hours of operation for the day care facility use shall be 8 a.m. to 7 p.m.,
Monday through Friday as stated in the applicant's project summary description.
Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit. A Sign
Permit may be granted upon complete submission of a Sign application and approval by the
Community Development Department in accordance with the City's Sign Ordinance. No sign shall
be permitted until the application is approved an a permit issued.
o
Noise: Outside play times shall be restricted to 11:00 a.m. to 4:30 p.m. In the event that verified
complaints are received by the Planning Department, the Community Development Director may
restrict or modify the permitted hours of the outside play area. Any decision of the Community
Development Director may be appealed to the Planning Commission.
Revocation of Use Permit: The Planning Commission may consider revocation of this use permit
at a scheduled hearing, if the project violations the conditions of approval specified by the Planning
Commission. The operation of the day care use shall not unreasonably interfere with the use and
enjoyment of adjacent property owners rights of their residential properties.
Conditions of Approval
PLN2000-68 - 453 W. Campbell Avenue - Day Care (24 Children)
Page 2
PUBLIC WORKS DEPARTMENT
Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the site, the
applicant shall provide a current preliminary title report, grant deed or other satisfactory proof of
ownership.
o
Right-of-Way for Public Street Purposes: Prior to issuance of any permits for the site, the
applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the
Campbell Avenue frontage to accommodate 10 feet from face of curb. The applicant shall cause
all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
Street Improvements: Prior to issuance of any permits for the site, the applicant shall execute a
street improvement agreement and shall cause plans for public Street Improvements to be prepared
by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an
encroachment permit for construction of the standard public street improvements, as required by
the City Engineer. The fee for a non-utility encroachment permit is $245.00. The fee for a minor
non-utility encroachment permit is $50.00. The plans shall include the following:
· Remove existing driveway approach on Campbell Avenue.
· Construct new curb, gutter and sidewalk on Campbell Avenue where the approach is removed.
· Construct ADA compliant pedestrian ramp at the intersection.
· Removing existing non-ADA compliant driveway on Hardy Avenue.
· Construct new ADA compliant driveway approach on Hardy Avenue.
· Construction of conforms to existing public and private improvements as necessary.
· Installation of traffic control signs and stripes, as necessary
10. Conforms: Construction of conforms to existing public and private improvements as necessary.
11. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
12. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for
installation of street improvements and/or abandonment of all utilities. Streets, which have been
resurfaced within the previous 5 years, will require boring and jacking for all new utility
installations. Applicant shall also prepare pavement restoration plans for approval by the City
Engineer prior to any utility installation or abandonment.
13. Storm Drain Area Fee: Prior to issuance of any permits for the site, the applicant shall pay the
required Storm Drain Area fee. The current fee is $2,000 per acre.
Conditions of Approval
PLN2000-68 - 453 W. Campbell Avenue - Day Care (24 Children)
Page 3
13. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
BUILDING DEPARTMENT
14. Permits Required: A building permit application shall be required for the proposed
conversion of the structure from residential use to commercial use. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permits. Plans shall be prepared and stamped by a
California licensed engineer or architect.
16. Size of Plans: The maximum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
17. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
18.Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.05. Please obtain City of Campbell, Special Inspection forms
from the Building Department.
19. Non-Point Source Pollution Control Program: 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 inches by 36 inches) is available at the Building
Department.
20. Title 24 Accessibility - 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.
21. Title 24 Accessibility - 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 the Building Department.
Conditions of Approval
PLN2000-68 - 453 W. Campbell Avenue - Day Care (24 Children)
Page 4
22. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
A. West Valley Sanitation District
B. Santa Clara County Fire Department
FIRE DEPARTMENT
23. State Licensing and Fire Inspection: The applicant shall comply with the State of California
Department of Social Services licensing requirements prior to advertising or opening for
business. The Fire Department shall be contacted in that process to perform a site inspection
for compliance with the appropriate fire and life safety provisions of the fire code and State
health and safety codes prior to an annual day care permit being issued by this department.
Pukka Beginings a Montessori Community
453 W. Campbell Avenue, Campbell CA 95008
408-379-0469
May5,2000
City of Campbell
Planning Department
70 North First Street
Campbell, CA 95008
Re: Written Statement in Support of Use Permit Application for Child Care Residence
Dear Planning Director:
This is a written statement in support of the Use Permit Application submitted herewith. This
application is to request a Use Permit for a 24 children Child Care residence and an off-site drop-
off zone in accordance with the attached plans. The Owner, Christin Tran is presently operating as
a Family Care residence with less than 16 occupants at the project address. She currently cares for 8
children in the morning and 6 in the afternoon. Her current hours of operation are between 8:00
am through 6:00 pm.
There is a demand for the quality of child care services being provided by Pukka Beginnings to the
residents of the City of Campbell. This is evidenced by the fact that State Licensing has granted her
facility permission to increase its capacity pursuant to the City of Campbell granting Pukka
Beginings a Use Permit for the increased capacity and the proposed drop-off zone.
The nature of the use is to provide child care services to local residents for their preschool children,
no infants. The children are conducted to learn, play, sing, dance, etc. the Montessori way while
taking care of their physical needs. There is outside play time between 12:30-1:00 p.m. and 3:30-
4:30 p.m.
Time of operation are between the hours of 8:00 a.m. an 6:00 p.m.
Staff is mandated by state law. 1 staff member for each of 12 children. Normally, with the capacity
of 24 children the number of staff will be 3-4 at any one time.
Parking: There are 5 parking spaces on-site with 2 covered.
Traffic: The majority of children are dropped off in the morning between 8:00-9:00 a.m. and they
are picked up twice a-day: morning program between 12:00-1:00 p.m.; afternoon program between
5:00-6:00 p.m. Most clients living in the area of the center normally use Campbell to go to and
from work in the first place. There is no significant impact on the traffic patterns of Campbell
Avenue. The center director requests its clients to make a U-Turn at Winchester for those coming
from the West on Campbell Avenue rather than to left-mm onto Hardy. This helps in alleviating
the potential conflict of cars left turning onto Hardy Avenue during the busy hours of to- and
from-work for local residents using Hardy.
I cordially request your support.
Ms. Christin Tran
.000
DailySchedule CiTY OF CAMPBELL
PLANNING DEPT,
* Pukka Beginnings open five days a week. Monday - Friday, 8 a.m. to 6 p.m.
8:00 - 8:30
8:30 - 9:00
9:00 - ll:O0
!l:O0- 11:30
ti:30- 11:45
i1'45- 12:15
12:15 -12:30
12:30 - 1:00
1:00 - 2:45
2:45 - 3:00
3 O0 - 3:30
3:30 - 4:30
4:30 - 5:45
5 45 - 6:00
Breakfast for the early bird.
Half day and School day children arrive (get ready for work period)
Work period. Free choice (in or outside environment) small group
lesson, and individual lesson is given when needed.
Circle time for singing, finger play, dancing, sharing, calendar, etc.
Get ready for lunch, wash hands, set table.
Community lunch.
Clean up, get ready to go outside.
Outside time / half day student get ready to go home.
Nap time or a~ernoon work period, free choice.
Clean up. School day student go home Napper wake up
Circle time. Snack, clean up and get readv to go outside.
Outside time.
Work period. Free choice.
Clean up, short story and get readv to go home.
May 25, 20(}0
Thank you lbr your cooperation and understanding while we were under construction. I
he,pc it didn't cause any inconvenience.
We all know that change takes time to adjust to. especially tbr children. But with the
cc)hereto object of the t~2nce being there, it gives the children a reason to better understand whx
there is a need Ibr the change. Therefore, I have decided to start the loading/unloading procedure
~-ight axxa,v, t.lvery day between 8:30 - 9:30 and 12:30 - 12:45 one adult will be standing outside
to receive and return vour child from and to you.
We have talked about the change in circle time and will be continuing to discuss the topic
until all thc children arc comlbrtable with it. We are also asking you to help make this transition
~;mooth wheia dropping off'your child. Remind your child in the morning when he/she gets out of
thc car about the new drop offprocedurc. If you wish, we can even open the car door and help
your' child get out of the car. You don't even have to get out. }:or days that your child needs you
io walk him/her to class, please park on Hardy St. Also, please don't make a U-turn at the
comer of t tardy due to thc heavy traffic on Campbell Ave. You may get a ticket fi.om the
t'ampbcll Police Department ifthev see you.
Thanks again-- With all your help and understanding I'm sure we will make the transition
School will bo closed on Monday, May 29. l lave a relaxing three day weekend. See vc)u
ANNING O£PT!/.-