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.
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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.
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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.
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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
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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:
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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
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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:
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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.
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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.
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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:
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ATTEST:
Paul Ker oyan, Secretary
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Philip C. Reyno d r., hair