PC Res 4050RESOLUTION NO. 4050
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-163) AND A PARKING MODIFICATION PERMIT
(PLN2011-220) TO ALLOW A COMMERCIAL DAYCARE CENTER
WITH 68 CHILDREN IN AN EXISTING CHURCH BUILDING (FIRST
BAPTIST CHURCH OF CAMPBELL) ON PROPERTY LOCATED AT
400 LLEWELLYN AVENUE IN A P-F (PUBLIC FACILITIES) ZONING
DISTRICT. FILE NOS.: PLN2011-163/220
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 PLN2011-163/220:
1. The project site is located on Llewellyn Avenue, south of Hamilton Avenue.
2. The project site is zoned P-F (Public Facilities) as shown on the Campbell Zoning Map.
3. The project site is designated Institutional as shown on the Campbell General Plan Map.
4. Pursuant to Campbell Municipal Code Sec. 21.020.20, the Community Development
Director has determined that a commercial daycare center may be allowed as a
conditional use in the P-F (Public Facilities) Zoning District, based on the land use
definition that reads in part, "[a commercial daycare center] may be operated in
conjunction with a business, school, or religious facility, or as an independent land use",
finding (1) the characteristics of, and activities associated with the proposed use are
equivalent to those of one or more of the uses listed in the zoning district as allowable,
and will not involve a greater level of activity, dust, intensity, noise, parking, population
density, or traffic generation than the uses listed in the zoning district; (2) the proposed
use will meet the purpose/intent of the zoning district that is applied to the site; and (3)
the proposed use will be consistent with the goals, objectives, and policies of the
General Plan and any applicable specific plan.
5. Land uses surrounding the project site include residential uses to the east and south, the
United States Post Office to the north, and residential and commercial uses to the west.
6. The proposed commercial daycare center would occupy a 3,201 square-foot building.
7. The hours of operation shall be restricted to 6:30 AM to 6:30 PM, Monday through
Friday.
8. The proposed classrooms meet the unencumbered square footage requirements of 35
square feet per child of indoor area allowing for a maximum enrollment of 68 children.
9. The proposed outdoor play area meets the unencumbered square footage requirements
of 75 square feet per child to allow all 68 children to be out at play at one time.
Planning Commission Resolution No. 4050
PLN2011-163/220 - 400 Llewellyn Avenue
Conditional Use Permit & Parking Modification Permit (CCBA Hearts and Hands Preschool)
Page 2
10. The proposed project would include 90 parking spaces, where a minimum of 150
parking spaces are required pursuant to CMC Sec. 21.28.040.C, necessitating the
approval of a Parking Modification Permit in compliance with CMC Sec. 21.28.050.
11. The Planning Commission may allow a reduction in required parking through approval of
a Parking Modification Permit if it finds that the anticipated number of parking spaces
necessary to serve the use or structure is less than that required by the applicable off-
street parking standard, and would be satisfied by the existing or proposed number of
parking spaces.
12. Based a Traffic Impact Analysis prepared for the project, the project will not exceed,
either individually or cumulatively, a LOS standard established by the Congestion
Management Program for designated roads or highways.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan.
2. The proposed use is allowed within the applicable Zoning District with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Municipal Code.
3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
4. The proposed use will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood.
5. The proposed use will not significantly increase the demand on City services.
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. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as supported
by review of the applicant's documentation and/or a parking demand study prepared by
a qualified transportation engineer accepted by the decision-making body.
Planning Commission Resolution No. 4050
PLN2011-163/220 - 400 Llewellyn Avenue
Conditional Use Permit & Parking Modification Permit (CCBA Hearts and Hands Preschool)
Page 3
9. Conditions of approval have been incorporated into the project to ensure the long-term
adequacy of the provided off-street parking.
10. Approval of the parking modification permit will further the purpose of the Zoning Code.
11. 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 (PLN2011-163) and a Parking Modification Permit (PLN2011-220) to allow a
commercial daycare center with 68 children in an existing church building (First Baptist
Church of Campbell) on property located at 400 Llewellyn Avenue.
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 (PLN2011-163) and
a Parking Modification Permit (PLN2011-220) to allow the establishment of a commercial
daycare center with a maximum enrollment of 68 children located at 400 Llewellyn
Avenue. The project shall substantially conform to the revised project plans and the
operational description stamped as received by the Community Development
Department on August 19, 2011 and June 22, 2011, respectively, except as may be
modified by the Conditions of Approval contained herein.
2. Permit Expiration: The Conditional Use Permit (PLN2011-163) and Parking Modification
Permit (PLN2011-220) approval shall 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.
Planning Commission Resolution No. 4050
PLN2011-163/220 - 400 Llewellyn Avenue
Conditional Use Permit & Parking Modification Permit (CCBA Hearts and Hands Preschool)
Paae 4
4. Church Activities: Church assemblages shall be scheduled as to not interfere with the
operation of the approved commercial daycare center or the existing private school. This
shall require that large assemblages be held after the close of the daycare center. If
overlapping activities result in complaints to the City, the Community Development
Director shall review the schedule of on-site activities and impose restrictions as
appropriate.
5. 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.
6. 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 sixty-
eight (68) 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 6:30 AM to 6:30 PM, Monday through Friday, exclusive of the customary
and reasonable use of the facility for administrative activity.
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.
f. Outdoor Play Areas: The maximum number of children allowed in the outdoor play
area at any one time is 68 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
Planning Commission Resolution No. 4050
PLN2011-163/220 - 400 Llewellyn Avenue
Conditional Use Permit & Parking Modification Permit (CCBA Hearts and Hands Preschool)
Page 5
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. Parking and Circulation Management Plan: Applicant shall prepare a Parking
Management and Circulation Plan for site circulation and parking control. The Plan
shall include a parking notification form to be signed by the parents of all participating
students outlining the areas where parking may occur; an assigned drop-off/pick-up
scheduling; designation of employee parking areas; short term (15 minutes or less)
parking spaces; and, the minimum required long-term parking to accommodate
parent participation. Part of the Plan will include parent/employee monitoring of the
parking area during drop off and pick periods to ensure compliance.
j. Parking Lot Gates: In verified complaints are received about late night activities in
the parking lot, the Director shall require the installation of gates to close off the
parking lot at both the north and south driveways.
k. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with
school drop-off and pick-up periods.
I. Property Maintenance: The school shall maintain all exterior areas of the business
free from graffiti, trash, rubbish, posters and stickers placed on the property.
m. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
Planning Commission Resolution No. 4050
PLN2011-163/220 - 400 Llewellyn Avenue
Conditional Use Permit & Parking Modification Permit (CCBA Hearts and Hands Preschool)
Paae 6
n. Trash 8~ 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.
o. Parking: The parking lot shall be maintained in compliance with the standards in
Campbell Municipal Code. A total of 90 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:
7. Permits Required: A building permit application shall be required for the proposed "Day
Care" use in the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
9. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
10. 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.
11.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.
12. Title 24 Energy Compliance: California Title 24 Energy 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.
13. 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.
14. 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.
Planning Commission Resolution No. 4050
PLN2011-163/220 - 400 Llewellyn Avenue
Conditional Use Permit & Parking Modification Permit (CCBA Hearts and Hands Preschool)
Page 7
15. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department (378-4010)
COUNTY FIRE DEPARTMENT
16. 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.
17.Occupancy Classification: Based on the descriptions of the intended use of each room,
as noted on Sheet A202, the proposed facility may have some areas classified as Group
I occupancies. This would require a fire sprinkler system installed in the existing
buildings. With building permit submittal, it will be necessary to clarify the age group(s)
proposed for the facility.
18. Separations: With building permit submittal, it will be necessary to verify that existing
separations between existing and proposed use is in compliance with current codes.
PASSED AND ADOPTED this 13th day of March, 2012, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds
and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
~
~~~~
~
• ~~'~~~
PROVED:
~
AP
.
;; Theresa Alster, Chair
ATTEST:
Kirk e.inric s, Secretary