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PC Res 4049RESOLUTION NO. 4049 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2011-316) TO ALLOW A COMMERCIAL DAYCARE CENTER WITH 31 CHILDREN WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 70 S. SAN TOMAS AQUINO ROAD IN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. FILE NO.: PLN2011-316 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2011-316: 1. The project site is located on S. San Tomas Aquino Road, south of Campbell Avenue. 2. The project site is zoned C-1 (Neighborhood Commercial) as shown on the Campbell Zoning Map. 3. The project site is designated Neighborhood Commercial as shown on the Campbell General Plan Map. 4. Land uses surrounding the project site include a public assembly use to the north and east, residential uses to the south, and commercial to the west. 5. The proposed commercial daycare center would occupy a 1,562 square-foot building. 6. The hours of operation shall be restricted to 7:30 AM to 6:00 PM, Monday through Friday. 7. The proposed classrooms meet the unencumbered square footage requirements of 35 square feet per child of indoor area allowing for a maximum enrollment of 31 children. 8. The proposed outdoor play area meets the unencumbered square footage requirements of 75 square feet per child to allow all 31 children to be out at play at one time. 9. The proposed project would include 15 parking spaces, where only 11 are required. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable Zoning District with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Planning Commission Resolution No. 4049 PLN2011-316 - 70 S. San Tomas Aquino Road -Use Permit - Alka Montessori, Nnc. Paae 2 3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The proposed use will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The proposed use will not significantly increase the demand on City services. 6. The 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 site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The project Categorically Exempt under Section 15303, Class 3(c) of the California Environmental Quality Act (CEQA), which exempts a change of use in a building of less than 10,000 square feet where only minor changes to the building are proposed. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2011-316) to allow a commercial daycare center with 31 children within an existing commercial building on property located at 70 S. San Tomas Aquino Road. 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. 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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-316) to allow the establishment of a commercial daycare center with a maximum enrollment of 31 children located at 70 S. San Tomas Aquino Road. The project shall substantially conform to the revised project plans and the operational description stamped as received by the Community Development Department on January 23, 2012 and December 16, 2011, respectively, except as may be modified by the Conditions of Approval contained herein. Planning Commission Resolution No. 4049 PLN2011-316 - 70 S. San Tomas Aquino Road -Use Permit - Alka Montessori, Inc. Page 3 2. Permit Expiration: The Conditional Use Permit (PLN2011-316) approval shalN be valid for one (1) year from the date of final approvals. Within this one-year period a building permit must be obtained. Failure to meet this deadline will result in the approval being rendered void. 3. Planning Final Required: Planning Division clearance is required 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. 4. Details and Colors: The applicant shall submit detailed exhibits of the play structure equipment for review and approval by the Community Development Director, prior to ordering play structures. Final color approval shall be subject to field review and approval by the Community Development Director. 5. Building Colors: The applicant shall submit a proposed color pallet for the building including new wall, trim, and accent colors, for review and approval by the Community Development Director. 6. Li htin :Parking lot lighting standards shall be modified to include lamps with a lesser lighting intensity or be placed on an automatic timer system to reduce lighting levels and/or quantity of activated lights during the nighttime hours. 7. Landscaping: The applicant shall install decorative landscaping planters in areas formally improved as parking spaces. 8. Employee Parkins: Provide restrictive signage and pavement markings showing "employee only" parking within the front parking lot. 9. Operational Standards: The operation of the commercial daycare center shall be subject to the following operational standards. Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. a. Commercial Daycare Center: Operation of the commercial daycare center shall be in full compliance with Campbell Municipal Code Sec. 21.36.080 and the California Code of Regulations. The school 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 either be thirty- one (31) children or the limit set forth by California Department of Social Services Community Care Licensing, whichever is lower. c. Operational Hours: Hours of operation for the commercial daycare center shall be restricted to 7:30 AM to 6:00 PM, Monday through Friday, exclusive of the customary and reasonable use of the facility for administrative activity. Planning Commission Resolution No. 4049 PLN2011-316 - 70 S. San Tomas Aquino Road -Use Permit - Alka Montessori, Nnc. Paae 4 d. Outdoor Activities: All outdoor activities shall be restricted to 8:00 AM to 6:00 PM. e. 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. Outdoor Play Areas: The maximum number of children allowed in the outdoor play area at any one time is 31 children or the maximum set by Community Care licensing, whichever is lower. All outdoor play areas shall be in compliance with the State requirement of at least 75 square feet of unencumbered outdoor space per child on site and shall be enclosed by a six-foot high fence or wall. g. Playground Equipment Certification: The playground equipment shall be assembled and installed incompliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment, or prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment is in compliance with the California Department of Health Services regulations regarding playground equipment. h. Noise: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the commercial daycare center use shall obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. As such, daycare staff shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise that may unreasonably disturb adjacent residents. Use of whistles or amplified devices (e.g., bull horns) is prohibited. In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise which may include limiting of hours of playground use, limiting the maximum number of students permitted in the playground at any one time, and/or requiring the installation of surface acoustical treatment on the playground. i. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with school drop-off and pick-up periods. Property Maintenance: The school shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. k. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. Planning Commission Resolution No. 4049 PLN2011-316 - 70 S. San Tomas Aquino Road -Use Permit - Alka Montessori, Inc. Paae 5 I. 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 and trash collection shall be done between 7:00 AM and 7:00 PM Monday through Friday and 8:00 AM to 5:00 PM Saturday and Sunday. m. Parking: The parking lot shall be maintained in compliance with the standards in Campbell Municipal Code. A total of 15 vehicle parking spaces shall be maintained. 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. 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. Building Division: 10. Permits Required: A building permit application shall be required for the proposed change in use and tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. 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. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 15. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 16.Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. Planning Commission Resolution No. 4049 PLN2011-316 - 70 S. San Tomas Aquino Road -Use Permit - Alka Montessori, Inc. Paae 6 17. 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. 18. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. West Valley Sanitation District (378-2407) c. San Jose Water Company (408) 279-7900 (Customer Service) 19. 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. 20. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. COUNTY FIRE DEPARTMENT 21. Development Review: Review of this development proposal is limited to acceptability 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 Department all applicable construction permits. 22.Inspection Required: An inspection by this Office may be required by the licensing agency. PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 13th day of March, 2012, by the following roll call vote: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and Roseberry None None None APPROVED: ~ ~~ "~ Theresa Alster, Chair ATTEST: Kirk Heinri hs, Secretary