PC Res 3568
RESOLUTION NO. 3568
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-32)
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP
98-15) TO ALLOW A MINOR ADDITION TO AN EXISTING SCHOOL
FACILITY ON PROPERTY OWNED BY MS. ANGELA ZAMBETTI
LOCATED 90 E. LATIMER AVENUE IN A P-F (PUBLIC
FACILITIES) ZONING DISTRICT. APPLICATION OF MR. RUSS
GAMBLE, ON BEHALF OF CASA DI MIR MONTESSORI
ELEMENTARY SCHOOL. FILE NO. PLN2004-32.
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 PLN2004-32:
1. The proposed proj ect consists of a 1,104 square foot addition to an existing school building.
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of Medium Density Residential for this area.
3. The proposed school addition is consistent with the R-2-S (Multiple-family Residential)
zoning designation for the site with approval of a Modification to a prior Use Permit.
4. The proposed use is compatible with the surrounding development and uses.
5. The existing parking will adequately meet the demands generated by the proposed use, and
will not be detrimental to the overall parking and circulation in the area.
6. The proposed instructional hours are limited to 7:00 a.m. to 7:00 p.m.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) ofthe California Environmental Quality Act (CEQA).
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 and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
Planning Commission Resolution No. 3568
PLN2004-32 - 90 E. Latimer Avenue - Modification to Conditional Use Permit
Page 2
5. The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
6. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2004-32) to a previously approved Conditional Use Permit (UP 98-15) to
allow a minor addition to an existing school facility on property owned by Ms. Angela Zambetti
located at 90 E. Latimer Avenue in a P-F (Public Facilities) Zoning District, subject to the
following conditions:
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
Plannin2: Division:
1. Approved Project: Approval is granted for a Modification (PLN 2004-32) to a previously
approved Conditional Use Permit (UP 98-15) to allow a 1,104 square foot addition as
indicated on plans prepared by Mr. Russell Gamble, dated March 12, 2004. All previous
conditions of approval of City Council Resolution No. 9510 shall apply, except as may be
modified by the Conditions of Approval herein.
2. Conditional Use Permit Approval Expiration: The Modification to the Conditional Use
Permit approval shall be valid for one year from the date of final approval. Within this one-
year period a building permit must be obtained and construction completed one year
thereafter or the use must be established on the property (if no building permit is required).
Failure to meet these deadlines will result in the Conditional Use Permit being void.
3. Operational Hours: The operational and instructional hours shall the same as previously
approved and shall be limited to those hours approved per Condition No.4 of City Council
Resolution No. 9510 approved on March 16, 1999.
Planning Commission Resolution No. 3568
PLN2004-32 - 90 E. Latimer Avenue - Modification to Conditional Use Permit
Page 3
4. 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 ofthe Conditional Use Permit by the Planning Commission.
Buildin2: Division
5. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the existing commercial structure. The building permit shall include
ElectricallPlumbinglMechanical fees when such work is part of the permit.
6. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
7. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
8. 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.
9. 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-parking details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
10. Title 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.
11. 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.
12. Water Pollution: 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.
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.
Planning Commission Resolution No. 3568
PLN2004-32 - 90 E. Latimer Avenue - Modification to Conditional Use Permit
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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.
15. 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.
16. 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. Santa Clara County Department of Environmental Health
c. West Valley Sanitation District
17. Construction Tax: Proposed addition is subject to City of Campbell 'Construction License
Tax' (CMC 3.40)
Public Works Department
18. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
19. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and deposits,
post security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The plans shall include the following:
a. Removal and disposal of existing substandard streetlight.
b. Installation of a new streetlight, conduits, conductors and related facilities in accordance
with the City of Campbell's Street Lighting Policies.
c. Construction of conforms to existing public and private improvements, as necessary.
20. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required street improvements installed and accepted by the City.
21. Utilities: All on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companIes.
Planning Commission Resolution No. 3568
PLN2004-32 - 90 E. Latimer Avenue - Modification to Conditional Use Permit
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22. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
23. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee of $2,500.00 per net acre, which is
$2,000.00.
24. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Storm water Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Storm water Quality: A Companion
Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
Fire Department
25. Review: Review of this Developmental 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.
26. Required Fire Flow: The fire flow for the project is 2,500 gpm at 20 psi residual pressure.
The required fire flow is available from area water mains and fire hydrants(s), which are
spaced at the required spacing.
27. Fire Alarm System: The existing fire alarm system shall be modified to accommodate the
new building design. A State of California licensed alarms electrician shall submit plans to
this department for review and approval prior to commencing their work.
28. Code Compliance: Prior to building permit application, the Architect shall reflect compliance
with 2002 California Building and Fire Codes relative to area and occupancy separation, fire
alarms and existing provisions based on this occupancy group.
Planning Commission Resolution No. 3568
PLN2004-32 - 90 E. Latimer Avenue - Modification to Conditional Use Permit
Page 6
PASSED AND ADOPTED this 11th day of May, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners: