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.
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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
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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.
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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.
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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
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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.
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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
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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