Loading...
PC Res 4123RESOLUTION NO. 4123 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2013-179) TO APREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 80-9) TO ALLOW THE ESTABLISHMENT OF A YOUTH CRISIS STABILIZATION UNIT ON PROPERTY LOCATED AT 251 LLEWELLYN 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. The Planning Commission finds as follows with regard to file numbers PLN2013-179: 1. The project site is located at the northwest corner of Llewellyn and Latimer Avenues. 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. The project site is bordered by asingle-family residential planned development to the north and a townhome community to the southwest. Across Latimer and Llewellyn Avenues the property is surrounded by traditional single-family residences. 5. The project site was originally developed as a "children's center" in 1958, two years prior to annexation into the City of Campbell in 1960. 6. The EMQ campus includes administrative offices, educational space, foster care services, out-patience therapy, a 24-hour "mobile crisis center," and formally a long- term residential care program now relocated to EMQ's Los Gatos location. 7. On April 15, 1980, the Planning Commission adopted Resolution No. 1892 approving a Conditional Use Permit (UP 80-9) allowing construction of a classroom building and expansion of an existing administrative building. 8. The proposed project is a Modification to the previously approved Conditional Use Permit (UP 80-9) to allow conversion of the existing 5,264 square-foot classroom building into a youth "crisis stabilization unit" (CSU). 9. Section 1810.210 of the California Code of Regulations defines Crisis Stabilization as: "Crisis Stabilization" means a service lasting less than 24 hours, to or on behalf of a beneficiary for a condition that requires more timely response than a regularly scheduled visit. Service activities include but are not limited to one or more of the following: assessment, collateral and therapy. Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Page 2 10. The proposed youth crisis stabilization unit would serve a maximum of seven children at any one time and operate 24-hours a day. 11. Pursuant to Campbell Municipal Code Sec. 21.020.20, the Community Development Director has determined that the proposed use may be allowed as a conditional use in the P-F (Public Facilities) Zoning District, 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, (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. 12. Pursuant to Campbell Municipal Code Sec. 21.28.040.E, the Community Development Director has determined that the proposed use generates a parking demand less than the historic administrative and educational use of the existing classroom building. 13. A security plan, which describes the operational and physical (e.g., locks, cameras, signs, etc.) measures that will be taken to ensure the security of EMQ staff, children in EMQ's care, and neighboring residents, has been prepared to the satisfaction of the Campbell Police Department. 14. Exterior improvements to the existing building will be limited to replacement of existing aluminum siding with stucco, installation of new windows and doors, and construction of a 10-foot wall to create an enclosed courtyard. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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 Campbell Municipal Code. 2. The proposed use is consistent with the General Plan. 3. The proposed 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. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Page 3 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 7. The project is Categorically Exempt per 15303, Class 3, of the California Environment Quality Act (CEQA), pertaining to conversion of an existing building of less than 10,000 square-feet from one use to another where only minor modifications are made in the exterior of the structure. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2013-179) to apreviously-approved Conditional Use Permit (UP 80-9) to allow the establishment of a youth crisis stabilization unit on property located at 251 Llewellyn 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 (PLN2013-179) to a previously approved Conditional Use Permit (UP 80-9) to allow establishment of a youth crisis stabilization unit within an existing educational/administrative building. The project shall substantially conform to the Project Description and Revised Project Plans stamped as received by the Community Development Department on June 24, 2013, and September 12, 2013, respectively, except as may be modified by the Conditions of Approval specified herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2013-179), the previously approved Conditions of Approval (UP 80-9) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 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. 4. Revocation of Permit: Operation of the use in violation of the Modified 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 in compliance with CMC Ch. 21.28. Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Paae 4 5. Operational Parameters: Consistent with the submitted Project Description, the youth crisis stabilization unit operating pursuant to this Modified Conditional Use Permit shall be required to conform to the following operational parameters. Significant deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Modified Conditional Use Permit approved herein. a. Approved Use: The approved use is a crisis stabilization unit providing crisis stabilization, as defined by the California Code of Regulations, to children (persons under the age of eighteen) residing in Santa Clara County. b. Capacity: The maximum number of children allowed to be admitted within the crisis stabilization unit shall be limited to no more than seven (7) at one time. c. Hours of Operation: The crisis stabilization unit may operate 24 hours a day, seven days a week. d. Licensing: The operator of the crisis stabilization unit shall obtain and maintain in good standing the appropriate State license(s). e. Security Plan: Operation of the crisis stabilization unit shall be subject to the operational and physical measures provided for in the 'EMQ FamiliesFirst Security Plan', dated as received by the Community Development Director on September 5, 2013, and with the following additional requirements: Security guards shall obtain certification in crisis intervention training (CIT) if available, or comparable training. Monitoring by the security guards shall include direction to any visitors (including parents, guardians and/or family members) in the parking lot to be guided into the facility's waiting room. All subsequent revisions to the security plan shall be subject to review and approval by the Community Development Director and Police Chief. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to yelling, shouting, amplified sounds, loud speakers, sounds from audio sound systems, and/or public address system, generated on the property shall not be audible to a person of normal hearing capacity from any residential property. Official vehicles bringing children to the crisis stabilization unit shall not utilize sirens or lights. g. Site Access: Access to and from the project site by official vehicles (e.g. police cars and ambulances) shall be restricted to the Latimer Avenue driveway. h. Community Meetings: For a period of two years, the applicant shall host a community meeting every six months to provide neighbors an opportunity to meet with facility staff. Notification of the community meetings shall be provided 10 days Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Paae 5 prior to the meeting by mail to all interested persons requesting notification and residents within 500 feet of the project site. Notification shall also be provided to the Community Development Department. Contact Person: The applicant shall designate a single point of contact for members of the community to contact regarding questions or issues. A notice, providing this contact information, shall be provided by mail to all interested persons requesting the information and residents within 500 feet of the project site Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers. 6. Waiting Room: The floor plan shall be modified to create an adequately-sized separate waiting room for visitors, as determined by the Community Development Director. 7. Courtyard Wall: The 10-foot wall enclosing the courtyard shall be painted in an artistic manner complementary to the EMQ campus. 8. Landscaping Plan: The construction plans submitted for a building permit shall include a landscaping plan depicting the new landscaping to be installed in association with the project. The landscape plan shall substantially conform to the approved project plans and the City's Water Efficient Landscaping Standards (WELS). 9. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site consistent with the City's Lighting Design Standards (CMC 21.18.090). The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. 10. Parking: The parking lot shall be maintained in compliance with the Campbell Municipal Code. A total of 153 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. 11. Location of Mechanical Equipment: All roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall fully screened. 12. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of any PG&E transformers and San Jose Water Company back-flow preventers, if required, indicating the location of the facilities and screening (if the facilities are above ground) for review and approval by the Community Development Director. Building Division: Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Paae 6 13. Permits Required: A building permit application shall be required for the proposed conversion of an existing building to I-3 Occupancy. 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 I-3 Occupancy. 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. 18. 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. 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 Pollution Control Program: 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 Accessibilitv -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 Accessibilitv -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 Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Paae 7 b. Santa Clara County Fire Department c. Santa Clara County 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. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 25. LEED for new Construction: Applicant shall complete and return Leed Project Checklist prior to issuance of permit. 26. Stormwater Requirements: Storm water run-off from impervious surface created by the permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. PUBLIC WORKS 27. Preliminary Title Report: Prior to issuance of any building permits for the site the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 28. 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. 29. Utility Coordination Plan: Should new utilities be required to the site, 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 such 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. 30. 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. 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. 31. Street Improvements: Prior to issuance of any 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: Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Page 8 a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches and necessary curb and gutter. d. Installation of City ADA compliant driveway approaches. 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 ADA compliant curb ramp at the northwest corner of Latimer and Llewellyn. g. Submit final plans in a digital format acceptable to the City h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. 32. 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. 33. 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. 34. 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. Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Page 9 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 improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 36. Plan Lines: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan layout showing the correct distance from the street centerline to the property line, dimensions of sidewalk and other relevant information in the public right of way. FIRE DEPARTMENT 37. Fire Sprinklers Required: Every building, or portion thereof, where inmates are restrained shall be protected by an automatic sprinkler system conforming to NFPA 13. Restraint shall not be permitted in any building except in Group I-3 occupancies constructed for such use. See California Building Code Section 408.1.1. Where occupancies house both ambulatory and non ambulatory persons, the more restrictive requirements shall apply. The main sprinkler control valve or valves and all other control valves in the system shall be locked in the open position and electrically supervised so that at least an audible and visual alarm will sound at a constantly attended location when valves are closed. The sprinkler branch piping serving cells may be embedded in the concrete construction. Exception: Sprinklers are not required in cells housing two or fewer inmates and the building shall be considered sprinklered throughout when all the following criteria are met: 1. Automatic fire sprinklers shall be mounted outside the cell a minimum of 6 feet (1829 mm) on center and 12 inches (305 mm) from the wall with quick response sprinkler heads. Where spacing permits, the head shall be centered over the cell door opening. 2. The maximum amount of combustibles, excluding linen and clothing, shall be maintained at three pounds per inmate. 3. For local detention facilities, each individual housing cell shall be provided with atwo-way inmate or sound-actuated audio monitoring system for communication directly to the control station serving the cell(s). 4. The provisions of the exception in Section 804.4.2 shall not apply. CFC Sec. 903.2.6.2 Group I-3. 38. Water Supply Requirements: 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 39. Sprinkler Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.7. 903.3.1 Standards. Planning Commission Resolution No. 4123 PLN2013-179- 251 Llewellyn Avenue -Modification to Conditional Use Permit (EMQ) Page 10 Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1, unless otherwise permitted by Sections 903.3.1.2 and 903.3.1.3. 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA13 as amended in Chapter 47 except as provided in CFC Section 903.3.1.1.1. 40.Other Compliance: Compliance as applicable with CFC Sec. 903.3.6 through 903.6 is required. 41. Fire Alarm: Compliance with CFC Sec. 907 for alarm requirements. PASSED AND ADOPTED this 12th day of November, 2013, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Dodd, Finch, Resnikoff, Reynolds, and Roseberry Rich Kendall None APPROVED: ~, ~ , ~ ,, ATTEST: Paul Ker oyan, Secretary ~• Philip C. Reyno d r., hair