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PC Res 4104RESOLUTION NO. 4104 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2013-41) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 95-03) TO ALLOW THE EXPANSION OF AN EXISTING DAYCARE ON PROPERTY LOCATED AT 1806 W. CAMPBELL AVENUE. 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 PLN2013-41: Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings 1. The project site is located on the south side of W. Campbell Avenue, between Fulton Street and South San Tomas Aquino Road. 2. The subject parcel is surrounded by commercial land uses to the north, east and west, and residential uses to the south. The transition of this space into service use encroaches on a predominately retail center. 3. The proposed expansion of an existing daycare center is consistent with the Neighborhood Commercial General Plan land use designation for the project site. 4. The proposed project is consistent with the requirements of the C-1-S Neighborhood Commercial Zoning District and will be consistent with the Zoning Ordinance with approval of a Modification to a previous Conditional Use Permit. 5. A Conditional Use Permit allowing the establishment of a commercial daycare with a maximum of 144 children was approved by the Planning Commission on April 11, 2005 and modified on August 14, 2007. The currently proposed project would allow for a 7,230 square foot expansion to the existing 10,285 square foot facility with a maximum of 180 students allowed. 6. No exterior modifications to the building are proposed. 7. The hours of operation shall be restricted to 7:30 a.m. to 6:00 p.m., daily for indoor activity and 8:00 a.m. to 6:00 p.m. daily for the outdoor play area. Planning Commission Resolution No.4104 PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 2 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2013-41) to a previously approved Conditional Use Permit (UP 95-03) to expand an existing daycare (Starlight School) into an adjacent tenant space on property located at 1806 W. Campbell Avenue. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Modification (PLN2013-41) to previously approved Conditional Use Permits (PLN2007-98/UP95-03) to allow the expansion of expansion of an existing commercial daycare facility located at 1806 W. Campbell Avenue to include an adjacent tenant space located at 1770 W. Campbell Avenue Planning Commission Resolution No.4104 PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 3 located at the Kirkwood Shopping Center. The project shall substantially conform to the project plans and project description received by the Planning Division on April 15, 2013; except as may be modified by the conditions of approval contained herein. 2. Previous Approvals: All conditions of approval of the previously approved Conditional Use Permit (UP95-03A) as approved by Planning Commission Resolution No. 2966 and Modification (PLN2007-98) as approved by Planning Commission Resolution No. 3826 are hereby superseded. Permit Expiration: The Conditional Use Permit (PLN2013-41) approval shall be valid for one (1) year from the date of final approval. Within this one-year period a building permit must be obtained. Failure to meet this deadline will result in the approval being rendered void. 4. 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. 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. 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 180 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. d. Outdoor Activities: All outdoor activities shall be restricted to 8:00 AM to 6:00 PM., Monday through Friday. 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. Planning Commission Resolution No.4104 PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 4 f. Outdoor Play Areas: The maximum number of children allowed in the outdoor play area at any one time is 70 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 complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the outdoor play area hours, subject to the project being brought back to the Planning Commission for review. 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. j. 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.4104 PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 5 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. Traffic Management Plan/Additional Drop-off Parking Spaces: A Traffic Management Plan may be required by the Community Development Director if problems arise. Additionally, the applicant is to provide additional five-minute parking spaces adjacent to those existing for the drop off and pick up of children during the hours of operation of the daycare. 7. signage: 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 and the approved Master Sign Program. 8. 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. 9. Outdoor Storage: No outdoor storage or overnight parking 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. 10. 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 lighting for compliance with all 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. 11. 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 Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall 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 Planning Commission Resolution No.4104 PLN2013-41 -1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 6 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. 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. 12. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Division: 13. Permits Reauired: A building permit application shall be required for the proposed tenant improvements to expand the existing commercial use into adjacent space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 16. 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. 17. 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. Planning Commission Resolution No.4104 PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 7 18. Title 24 Energy Compliance: California Title 24 Energy Standard 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 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 Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 20. 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. 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 Building Division service counter. 23. Approvals Reauired: 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 c. Santa Clara Department of Environmental Health 24. 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. 25. Storm Water Reauirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. COUNTY FIRE DEPARTMENT 26. 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 Planning Commission Resolution No.4104 PLN2013-41 - 1806 W. Campbell Avenue -Modification to Conditional Use Permit Page 8 permits. To avoid plan review and inspection delays, the following Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto future plan submittal. 27. Fire Sprinklers: The existing facility is equipped with a fire sprinkler system. Any interior modifications may affect the operation of this system, and plans must be reviewed and approved by this office prior to commencing any work performed on the system. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Section CFC 903 is adopted and amended by CBLMC. 28. Community Care Licensing: Any modification to this facility may require approval of the State of California Community Care Licensing Division. Documentation that this expansion is approved by the aforementioned office must be made available to this office prior to any inspection being scheduled. PASSED AND ADOPTED this 28th day of May, 2013, by the following roll call vote: AYES: Commissioners: Finch, Gibbons, Resnikoff, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners Brennan and Razumich ABSTAIN: Commissioners: None ., ~ APPROVED: ~~~~"~ ~` /--~ ~ Philip C. Reynolds, Chair ~~ ATTEST: i Paul er yan, Secretary