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Use Permit - Day Care - 2008July 15, 2008 AB's Day Care 250 Virginia Ave Campbell CA 95008 Traffic Management Plan Our objective is to maintain a safe and smooth traffic flow during the hours of daily daycare operation. Below are a few helpful tips and easy routes, to which all drivers coming onto our daycare are encouraged to follow in order to insure and maintain a safe environment for everyone All drop-offs and pick-ups take place at the designated daycare use parking space. During pick traffic hours from 7:30AM - 8:30AM and from 4:30PM - 5:30PM there will be an attendant present out side at the parking lot to monitor traffic conditions, manage smooth traffic flow and monitor parents from double parking or blocking the drive way. We will also monitor parents from parking around neighbors drive ways or property areas. • We believe everyone benefits by educating and encouraging parents and staff to be part of the traffic management team. • Before entering or exiting 250 Virginia parking lot, parent and staff must yield and respect the right-of--way to pedestrian, bicyclist and any one that may be crossing the side walk. • Parents and staff will be encouraged to follow all traffic rules and maintain street speed limits at all times. • We encourage everyone to enter the parking lot by making right turn only and leaving the day care parking lot by making right turn only to avoid stopping traffic on Virginia Ave. In order to achieve positive result on this useful method we encourage every one to follow the following street access and directions. Coming from North bound to 250 Virginia Ave. • Take San Thomas Express Way (South) • Exit Right on Budd Ave • Right on Virginia • Right in to the parking lot of 250 Virginia Ave. Coming from East bound to 250 Virginia Ave. • Take Budd Ave. (West) • Right on Virginia • Right in to the parking lot of 250 Virginia Ave. Coming from South bound to 250 Virginia Ave. • Take San Thomas Express Way (North) • Exit Left on Budd Ave • Right on Virginia • Right in to the parking lot of 250 Virginia Ave. AB's Day Care center 250 Virginia Ave Campbell CA 95008 Traffic Policies Agreement Form As a condition of enrollment of your child, your family must agree to the following terms and policies. We urge you to respect the neighborhood at all times. Follow street speed limits, make full stops at all stop signs, and pedestrians have the right-of--way. All drop-offs and pick-ups take place at the designated parking lot at the back of the church. There are plenty of parking spaces at the back of the church, there fore, no tolerance for double parking or blocking the drive way at all times. Zero tolerance for parking around neighbors drive ways or property areas. Surrounding Streets Speed Limit (Miles per hour Virginia Ave. 25 Budd Ave 25 Rincon Ave. 25 Campbell Blvd. 30 San Thomas Express Way 45 Bucknall Rd. 25 250 Virginia Ave. Inside 5 m/hr or less Churches parking lot Speed A safe driving habit must be maintained to ensure the safety of parents and children who will be walking to and from the day care. Parents and staff must maintain a speed of 5 MPH or less, and be alert at all time. The effectiveness of these plans will be monitored, evaluated, and updated regularly to improve safe traffic flow. Failure to abide by these rules may result in dismissal from our day care program. I agree to all these terms and conditions. Name: Signature_ Date: Childs Name MEMORANDUM To: Steve Prosser Assistant Planner, Comm Development Department From: Jan Hemsley, Deputy City Clerk Date: July 3, 2008 Subject: Appeal of PC decision to deny Conditional Use Permit - (PLN 2008- 17) - 250 Virginia Avenue -Ayalew At the regular meeting of July 1, 2008, the City Council held a public hearing to consider an appeal by Mr. Merat Ayalew of a Planning Commission decision to deny a Conditional Use Permit (PLN 2008-17) to establish a professional day care center at property located at 250 Virginia Avenue, owned by Campbell Community Church of God of Prophecy. After hearing public testimony, and following extensive City Council discussion and deliberation, the City Council adopted Resolution No. 10934 granting the appeal and overturning the Planning Commission action to deny a Conditional Use Permit (PLN 2008-17) to establish a new day care facility serving up to 30 children on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Avenue in a P-F (Public Facilities) Zoning District, incorporating findings, and subject to the attached Conditions of Approval. This Resolution was adopted by a 4-1-0 vote, with Councilmember Low voting no. A certified copy of this Resolution, together with a copy of the letter to the appellant in follow up to the City Council's action, is attached for your own records. Attachment: July 3, 2008 Mr. Merat Ayalew 229 Budd Avenue Campbell, CA 95008 Dear Mr. Ayalew: At the regular meeting of July 1, 2008, the City Council held a public hearing to consider your appeal of a Planning Commission decision to deny a Conditional Use Permit (PLN 2008-17) to establish a commercial day care center/preschool use serving up to 30 children, occupying 1,542 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy, located at 250 Virginia Avenue in a P-F (Public Facility) Zoning District. After hearing extensive public testimony and following City Council discussion and deliberation, the City Council took the following action: Adopted Resolution No. 10934 granting your appeal and overturning the Planning Commission's action to deny a Conditional Use Permit (PLN 2008-17) to establish a new day care facility serving up to 30 children on property owned by Campbell Community Church of God of Prophecy, located at 250 Virginia Avenue, in a P-F (Public Facilities) Zoning District, incorporating findings and subject to the attached Conditions of Approval. Please note that this Resolution was adopted by a 4-1-0 vote, with Councilmember Low voting no. A certified copy of this Resolution is enclosed for your records. Continued ... Page 2 -Appeal 250 Virginia Avenue - Ayalew Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Steve Prosser, Assistant Planner, Community Development Department. Sincerely, Janette Hemsley Deputy City Clerk Enc . cc. Steve Prosser, Asst. Planner RESOLUTION N0. 10934 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S ACTION TO DENY A CONDITIONAL USE PERMIT (PLN2008-17) TO ESTABLISH A NEW DAY CARE FACILITY SERVING UP TO 30 CHILDREN ON PROPERTY OWNED BY CAMPBELL COMMUNITY CHURCH OF GOD OF PROPHECY LOCATED AT 250 VIRGINIA AVENUE IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MS. MERAT AYALEW. FILE NO.: PLN2008-17. 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 City Council did find as follows with respect to application PLN2008-17. 1. 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. 2. The proposed use will be compatible with the P-F (Public Facility) zoning designation with approval of a Conditional Use Permit. 3. The project site includes a 6,286 sq ft. building consisting of the church sanctuary and 1,542 square feet of space for the proposed use. 4. The subject property is currently developed with a public assembly use (Campbell Community Church of God of Prophecy), including a residential structure (parsonage). 5. The proposed site plan depicts that approximately 32 percent of the site will be landscaped where a minimum 12 percent is required. 6. The subject property is located on the east side of Virginia Avenue between Bucknall Road and Rincon Avenue. 7. Nc exterior modifications to the building are proposed. 8. The hours of operation of the proposed use shall be 6:00 a.m. to 7:00 p.m. Monday through Friday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae 2 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. 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 City Council grants an appeal and overturns the Planning Commission's action to deny a Conditional Use Permit (PLN2008-17) to establish a new day care facility serving up to 30 children on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia 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 City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae 3 _ 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Conditiona! Use Permit shall no~e valid for any permits sought from the City. ~ ~ pA ~-~ ~y ~~-c~ -? ~ 3 o f o ~ 2. App oven Proiecfi Approval is granted for a Conditional Use Permit (PLN2008-17) to establish a commercial day care center/preschool/after school care use in conjunction with a public assembly use (Campbell Community Church of God of Prophecy) located at 250 Virginia Avenue. The project shall substantially conform to the revised project plans received on June 17, 2008, and the project description received by the Planning Division on May 15, 2008, and all of the operational description and statements received by the City during the application process, except as may be modified by the Conditions of Approval contained herein. Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. State Licensing; The approval of this Use Permit is contingent upon any operator obtaining and maintain legal licensing through the California Department of Social Services. The operation of this facility without a State license shall be prohibited and will void the approval of the Conditional Use Permit herein. 4. Conditional Use Permit Approval Expiration: The 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. S. Revocation of Permit: Operation of the use in violation of the 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. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae 4 6. Six-Month Review of Use: The City Council shall conduct a review of the Conditional Use Permit upon the completion of six months of operation to verify compliance with the conditions of approval and all applicable licensing regulations. Operation of the use in violation of the 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. 7. Traffic Management Plan: The applicant shall prepare a comprehensive traffic management plan that includes alternate traffic routes for drop off and pick up of children from the facility. Said plan shall be reviewed and approved by the Community Development Director prior to the establishment of the use. 8. Maximum Number of Children: The maximum number of children allowed shall either be 30 children or the limit set forth by California Department of Social Services, whichever is lower. 9. Business Operational Hours: The hours of operation shall be restricted to Monday through Friday from 6:00 a.m. to 7:00 p.m. 10. Outdoor Activities: All outdoor activities shall be restricted to the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. 11. Business Related Activities: Business related activity shall be restricted to 6:00 a.m. to 10:00 p.m., Monday through Friday. Business related activity includes set-up and clean-up activities. No employees shall be allowed on site prior to 6:00 a. m. and after 10:00 p.m., except for emergencies. 12. 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 6:00 a.m. and 10:00 p.m. 13. Fencin :All play areas shall be enclosed with a minimum six foot high fence that shall comply with ail of the requirements set for in Section 21.18.060 of the City of Campbell Zoning Code and be to the review and approval of the Community Development Director. Note: No structures, including fences or walls, shall be located in the public right of way. 14. 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. 15. Outdoor Play Areas: All outdoor play areas shall be in compliance with the State requirement of at least 75 square feet of unencumbered outdoor space per child and shall be enclosed by a six-foot high fence or wall. City Council Resolution Granting an Appeal and Gverturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae 5 16. 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. 17. Trash Enclosure: The applicant shall obtain a building permit and construct a trash enclosure for the storage of all refuse containers. The trash enclosure shall comply with the requirements set forth in Section 21.18.110 of the Campbell Zoning Code. 18. Si na e: 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. 19. 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. 2U. 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, including re-striping the parking lot to match the approved plans. The project site shall maintain 28 parking spaces at all times. 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. 21. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's ~ti'ater Efficient Landscaping Standards iJVELS) and shah include the installation of at least three new trees (species to be determined) and at feast three new bushes along the east property fine and install new ground cover (fawn) in the unpaved children's play areas. The new required trees shall be installed prior to the final inspection completed by the Planning Department 22. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the required and existing on-site landscaping. ?3. Outdoor Storage: No outdoor storage or overnight parking associated with the childcare use 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 City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae E parts and debris from the property prior to the final inspection completed by the Planning Department. 24. Accessory Structures: All accessory structures (sheds) that are not in compliance with the Zoning Code shall be brought into compliance or lawfully removed from the project site prior to the issuance of a Building Permit. 25. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from mechanical equipment generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Public Address System: An outdoor public address system is not permitted. c. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 26. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the fighting for compliance with al! applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 27. 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 Saturda}~s between 9:00 a.m. and 4:00 p.m. No construction sha!! 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. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae 7 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 and 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. Building Division: 28. Permits Required: A building permit application shall be required for the proposed new child care use in the existing assembly use structure. The building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 29. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 3U. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 31. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 32. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. "'~ Tine 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. 34. 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 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building inspection Division Counter. 35. Non-Point Source: 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" X 36") is available at the Building Division service counter. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue -Use Permit -Day Care Facility Paae 8 36. 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. 37. 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 Building Division service counter. 3i;. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department 39. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. SANTA CLARA COUNTY FIRE DEPARTMENT 40. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. PASSED AND ADOPTED this ist roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: day of July 2008, by the following Furtado, Kennedy, Hernandez, Burr Low None None APPRO~ Donald R. Burr, Mayor ATTESTr- ~~° -,~~,;u,•~------,..~~- ----~_.,~ s ., - , r,~..- ~ ~. , ~~ .rr~ Anne Bybee, City Clerk ~ - ~~ a~ --_~--' a~?rFSr: arm . ~xt" cam. Following the Announcements, City Manager Rich stated that the announced time for the public forum on July 9 was incorrect. The correct time was 6:00 p.m. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 13. Appeal of Merat Ayalew of Planning Commisson decision Denying Application fora Conditional Use Permit (PLN2008-17) to establish a commercial day care centerlpreschool use serving up to 30 children occupying 1,542 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Avenue in a P-F (Public Facility) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of Merat Ayalew of Planning Commission decision Denying Application for a Conditional Use Permit (PLN2008-17) to establish a commercial day care center/preschool use serving up to 30 children occupying 1,542 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Avenue in a P-F (Public Facility) Zoning District. Assistant Planner Prosser -Staff Report dated July 1, 2008 Mayor Burr declared the public hearing open and asked if anyone in the audience wished to be heard. David Meyer, Campbell resident, appeared before the City Council and expressed his opposition to the project, citing traffic concerns, inadequate ingress and egress, and land use issue. Eric Kossob, Campbell resident, appeared before the City Council and expressed his opposition to the project, citing traffic concerns and the scope of the project. Donald Petersen, Campbell resident, appeared before the City Council and expressed his opposition to the project, citing the impact that the extra noise would have on the area; lack of emergency vehicle access; and traffic issues. Diane Rock, Campbell resident, child care expert, appeared before Council and urged Council to oppose the project as, in her opinion, the application was incomplete and the applicants were too vague with their answers regarding the proposed day care center. Jean Polo, Campbell resident, appeared before Council and expressed her opposition to the project, citing size of the project, traffic issues, and incomplete information provided by the appellant. Minutes of 71112008 City Council Meeting 4 There being no one else wishing to speak, Mayor Burr closed the public hearing. City Council discussion followed during which additional Conditions of Approval were discussed regarding the Traffic Management Plan and implementation of a review of the project after six months. MIS: Hernandez/Kennedy -that the City Council adopt Resolution 10934 granting an Appeal and approving a Conditional Use Permit to establish a commercial day care center/preschool use serving up to 30 children and occupying 1,542 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy, incorporating Findings, and subject to Conditions of Approval, including additional Conditions as follows: a) The applicant shall prepare a comprehensive traffic management plan that includes alternate traffic routes for drop off and pick up from the facility. Said plan shall be reviewed and approved by the Community Development Director prior to the establishment of the use; b) The City Council shall conduct a review of the Conditional Use Permit upon the completion of six months of operation to verify compliance with the conditions of approval and all applicable licensing regulations. Operation of the use in violation of the 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; and c) The approval of this Use Permit is contingent upon any operator obtaining and maintaining legal licensing through the California Department of Social Services. The operation of this facility without a State license shall be prohibited and will void the approval of the Conditional Use Permit. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Kennedy, Hernandez, Burr NOES: Councilmembers: Low ABSENT: Councilmembers: None 14. Lighting and Landscaping District FY 2008-09 - Public Meeting This is the time and place for a public hearing on the Lighting and Landscaping District for FY 2008-09. Mayor Burr opened the public meeting and read the following statement: This is the annual public meeting regarding the Engineer's Report for the levy and collection of the proposed assessments for the City of Campbell Landscape and Lighting Assessment District. The purpose of tonight's meeting is to allow public testimony regarding the proposed assessments. No other official action will take place at this meeting .Minutes of 71112008 City Council Meeting 6 Yage 1 of 1 C~ .~~nJ nn.~ ~CvxxO p,~.c.~~ john polo From: "john polo" <jpolo11@ix.netcom.com> To: <donb@cityofcampbell.com>; <joeh@cityofcampbell.com>; <danf@cityofcampbell.com>; <janek@cityofcampbelt.com>; <evanl@cityofcampbell.com>; <planning@cityofcampbell.com> Cc: <stevep@cityofcampbell.com> Sent: Sunday, June 29, 2008 9:36 PM Subject: Appeal of Merat Ayalew, Day Care PLN2008-17 City Council: I called San Jose Regional Office @ 408-324-2148 (Community Care Licensing Division Child Care) to find out if the applicant Mrs. Merat Ayalew's existing child care facility located on 229 Budd Ave meets the licensing requirements and to review the facility file which contained information related to evaluation visits conducted by the licensing agency(Department of Social Services). Finding's were as follows: 1) September 2006 -Visit resulted in removing a toy "bouncer" that was not applicable for the day care. 2) September 2006 -Complaint filed by a parent stating that her child had bites & bruises. Agency found the complaint inconclusive. 3) November 2006 -Substantial find, a visit by the agency that resulted in finding more children over the capacity limit of 14. 4) June 05 -Licensed at 229 Budd Ave, Campbell residence. 5) January 03 -Licensed at Sunnyside Ave, Campbell residence. I'm still a very concerned resident at 293 Virginia Ave and still object to application for a Conditional Use Permit (PLN2008-17) to establish a commercial day care center/preschool use serving up to 30 children occupying 1542 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Ave in a Public Facility zoning district across a residential zone. The plan is vague, incomplete and it is not a well thought plan for the neighborhood community. I find it strange that it took two public hearings(4/22/08 & 5/27/08) and one neighborhood meeting(5/22/08) for Mr. Yousuf Hamid to clarify that his wife, Merat Ayalew, is the applicant and he is the spokesperson on her behalf. As for the pastor of Church of God of Prophecy, Tommy Stroup he does not reside in the Campbell community, Pastor states "he has been sensitive to the neighbors" and still fails to communicate and inform the neighboring community about a Church garage sale that was held on Saturday June 28 from 7 AM to 5 PM, another extraneous event that church site had. The character of the neighborhood is strong and 90% of the residents oppose the day care. At what point does the character of the neighborhood become compromised? When does the church cross the threshold an become a nuisance to the residents increasing traffic, noise, lack of privacy and allowing a inadequate and unacceptable day care in our community. ~~~~~~~ Sincerely, ~U~ ~ ~ ~00~ John & Jean Polo ~I~; ~I.~RI~-'S~ OFFICE 6/30/2008 MEMORANDUM To: Mayor and Members of the City Council Date: July 1, 2008 From: Steve Prosser, Assistant Planner Via: Dan Rich, City Manager Subject: Item 13 - 250 Virginia Avenue -Appeal of Planning Commission Decision On July 1, 2008, staff received a neighborhood petition with approximately 68 signatures in support of the proposed preschool/day care use. Staff also received revised Project Plan Sheets 2 and 3. The revised sheets provide additional interior room dimensions for each of the three proposed classrooms. This information was originally requested by the Planning Commission to verify compliance with the unencumbered indoor play area requirement of 35 square feet per student/child. The petition and reduced copies of the revised project plans are attached.