PC Res 4116RESOLUTION NO. 4116
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT WITH SITE AND ARCHITECTURAL REVIEW
(PLN2013-205) AND A PARKING MODIFICATION PERMIT
(PLN2013-266) TO ALLOW THE CONSTRUCTION OF A 2,633
SQUARE FOOT BUILDING TO EXPAND AN EXISTING
COMMERCIAL DAYCARE CENTER ON PROPERTY LOCATED
AT 70 S. SAN TOMAS AQUINO ROAD.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file numbers PLN2013-205 and
PLN2013-266:
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. The project site is bordered by a public assembly use to the north and east,
residential uses to the south, and a pending residential development across the street
to the west.
5. The project site is developed with a commercial daycare center within a 1,562
square-foot building, approved by Planning Commission Resolution No. 4049
(PLN2011-316) on March 13, 2012.
6. The proposed project is a Modification to a Conditional Use Permit with Site and
Architectural Review, a Parking Modification Permit, and an associated Tree Removal
Permit.
7. The proposed project would allow expansion of the commercial daycare center
through construction of a 2,633 square-foot daycare building, allowing an increase in
capacity from 31 children to 88 children.
8. The proposed project generates a parking demand of 29 parking spaces which the
applicant is proposing to satisfy through a reciprocal parking arrangement with the
adjoining property.
9. The hours of operation shall be restricted to 7:30 AM to 6:00 PM, Monday through
Friday.
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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.
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.
9. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
10. The project will aid in the harmonious development of the immediate area.
11. Approval of the parking modification permit will further the purpose of the Zoning
Code.
12. The project will aid in the harmonious development of the immediate area.
13. The project is consistent with applicable adopted design guidelines.
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14. The project is Categorically Exempt under Section 15303, Class 3(c) of the California
Environmental Quality Act (CEQA), which exempts from environmental review the
construction of buildings less than 10,000 square-feet located within an urbanized
area, on properties that are zoned for the proposed use and where all necessary
public services and facilities are available and the surrounding area is not
environmentally sensitive
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification
permit (PLN2013-266) to allow the construction of a 2,633 square foot building to expand
an existing commercial daycare center on property located at 70 S. San Tomas Aquino
Road.
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
Approved Project: Approval is granted for a Modification to a Conditional Use Permit
with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit
(PLN2013-266) to allow the construction of a 2,633 square-foot building to expand an
existing commercial daycare center on property located at 70 S. San Tomas Aquino
Road. The project shall substantially conform to the revised project plans and revised
color/material sheet, stamped as received by the Community Development Department
on August 12, 2013, and the written description, stamped as received by the
Community Development Department on July 16, 2013, except as may be modified by
the Conditions of Approval contained herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2013-205), the previously approved conditions of approval
(PLN2011-316) shall be void and shall permanently be superseded in their entirety by
the conditions of approval specified herein.
3. Permit Expiration: The Modified Conditional Use Permit 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.
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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.
Shared Parking Agreement: To provide the twenty-nine (29) parking spaces required
by the Campbell Municipal Code, a minimum of ten (10) parking spaces shall be
maintained on site and an additional nineteen (19) parking spaces shall be secured on
the adjoining commercial property by a shared parking agreement. The shared parking
agreement shall provide exclusive use of nineteen (19) parking spaces on the adjoining
commercial property during the commercial daycare's hours of operation. The shared
parking agreement shall be considered binding in perpetuity on the owners of both
properties and their successors. The shared parking agreement shall be prepared to
satisfaction of the Community Development Director and be recorded on the titles of
both properties prior to issuance of a building permit.
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 Modified 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
eighty-eight (88) children or the limit set forth by California Department of Social
Services Community Care Licensing, whichever is lower.
c. Number of Employees: The total number of employees permitted on-site at any
one time shall be limited to eleven (11).
d. Operational Hours: Normal 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
care of children whose parents are late and the reasonable use of the facility for
administrative activity.
e. Outdoor Activities: All outdoor activities shall be restricted to 8:00 AM to 6:00 PM.
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.
g. Outdoor Play Areas: The maximum number of children allowed in the outdoor play
area at any one time is forty-five (45) children or the maximum set by Community
Care licensing, whichever is lower. All outdoor play areas shall be in compliance
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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.
h. Playground Equipment: 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.
New shade structures within the playground shall be reviewed and approved by the
Community Development Director prior to installation.
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 unreasonably 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.
j. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with
school drop-off and pick-up periods.
k. Property Maintenance: The school shall maintain all exterior areas of the
business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
I. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
m. 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.
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n. 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 consent form to be signed by the parents of all enrolled
children outlining the areas where parking may occur; an assigned drop-off/pick-up
scheduling; and designation of employee parking areas.
Building Division:
7. Permits Required: A building permit application shall be required for the proposed new
daycare building. The building permit shall include Electrical/Plumbing/Mechanical fees
when such work is part of the permit. The building shall be made to comply with all the
requirements necessary to a E Occupancy.
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 CF-1 R and
MF-1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be
submitted as well.
13. 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.
14. 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.
15. 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 accessibirity to building entrances from parking facilities and sidewalks.
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16. 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.
17. 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)
18. 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.
19. LEED for New Construction: Applicant shall complete and return LEED Project
checklist prior to issuance of permit.
20. Stormwater Requirements: Storm water run-off from impervious surface created by this
permitted project shall be directed to vegetated areas on the project parcel. Stormwater
water shall not drain onto neighboring parcels.
21. California Green Building Code: This project shall comply with the California Green
Building Code, Chapter 5.
PUBLIC WORKS DEPARTMENT COMMENTS
22. Preliminary Title Report: Prior to issuance of a grading or building permits for the site,
the applicant shall provide a current (within past 6 months) Preliminary Title Report.
23. Soils Report: Prior to issuance of a grading or building permits for the site applicant
shall provide a soils report prepared by a registered geotechnical or civil engineer.
24. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
25. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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.
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26. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
27. 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. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
28. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Campbell Avenue has not been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the
project.
29. 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, unless otherwise approved by the
City Engineer:
a. Show location of all existing utilities within the new and existing public right of way,
sewer clean out, water meter etc.
b. Removal of two existing driveway approaches at 70 S. San Tomas Aquino Road
and 62 S. San Tomas Aquino Road and necessary sidewalk, curb and gutter.
c. Installation of City standard curb, gutter, and sidewalk (Detail 1 -Commercial Walk)
and ADA compliant driveway approaches per Detail D-18 (and using Detail A-3) at
70 S. San Tomas Aquino Road and 62 S. San Tomas Aquino Road. See attached
details.
d. Installation of City approved street trees, 4'x4' tree wells and irrigation where
necessary. Existing tree well is only 3' by 3' modify accordingly.
e. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
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g. Construction of conforms to existing public and private improvements, as
necessary.
h. Submit final plans in a digital format acceptable to the City
30. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaping and trees in the public right of way. This includes, but is not limited to:
trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would
not allow the tree to grow to a mature height.
31. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the
development will be required (including water, sewer, gas, electric, etc.). Applicant
shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas,
water, electric and all other utility work.
32. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
33. 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 Stormwater 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 Stormwater 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 Stormwater Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
34. Private Improvements Agreement: Prior to issuance of any grading or building permits
for the site, the owner shall execute an "Agreement for Private Improvements in the
Public Right of Way". This agreement would be required to allow the existing utility
facilities located in the public right of way along the frontage of this property, and any
other non-City standard improvements, to remain.
35. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
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improvements installed and accepted by the City, and the design engineer shall submit
as-built drawings to the City.
COUNTY FIRE DEPARTMENT
36. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or
in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the
purposes of this section, firewalls used to separate building areas shall be constructed
in accordance with the California Building Code and shall be without openings or
penetrations. An automatic sprinkler system shall be provided throughout all new
buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy
buildings and structures that do not exceed 1,000 square feet of building area and that
are not located in the Wildland-Urban Interface Fire Area. NOTE: The owner(s),
occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting
with the water purveyor of record in order to determine if any modification or upgrade of
the existing water service is required. 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 R313.2 as adopted and amended by CUPMC
37. Potable Water Supplies: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such
project, and to comply with the requirements of that purveyor. Such requirements shall
be incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by
the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
38. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background. CFC
Sec. 505
39. Construction Fire Safety: All construction sites must comply with applicable provisions
of the CFC Chapter 14 and our Standard Detail and Specification SI-7.
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PASSED AND ADOPTED this 8th day of October, 2013, by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, Resnikoff, Reynolds, Rich and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Finch
ABSTAIN: Commissioners: None
APPROVED:
Philip C. Reynolds, Jr., C air
ATTEST:
Aki Honda Snelling, Acting Secretary