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PC Res 4224RESOLUTION NO. 4224 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A COMMERCIAL DAYCARE CENTER (PRE-SCHOOL AND AFTERSCHOOL CARE) WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 1625 W. CAMPBELL AVENUE. FILE NO: PLN2014-301 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 number PLN2014-301: 1. The project site is located on West Campbell Avenue, west of San Tomas Aquino Road. 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. Surrounding uses include a restaurant to the west, a retail center to the east, professional offices to the north, and Kirkwood Plaza to the south, across Campbell Avenue. 5. The proposed project is a commercial daycare center with daycare and afterschool programs. 6. The commercial daycare center would occupy an existing 9,735 square-foot office building. 7. The hours of operation shall be restricted to 7:30 AM to 6:00 PM, Monday through Friday and 8:00 AM to 6:00 PM, Saturday and Sunday. 8. The proposed project would include 29 parking spaces, where only 18 are required. 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. Planning Commission Resolution No. 4224 1625 W. Campbell Ave. - Approving a Conditional Use Permit Paae 2 of 2 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. The project Categorically Exempt under Section 15303, Class 3(c) of the California Environmental Quality Act (CEQA), which exempts a change of use in a building of less than 10,000 square feet where only minor changes to the building are proposed. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2014-301) to allow the establishment of a commercial daycare center (pre-school and afterschool care) within an existing commercial building on property located at 1625 W. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 28th day of July, 2015, by the following roll call vote: AYES: Commissioners: Finch, Reynolds, Dodd, Rich, Kendall, Bonhagen, and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None ): Pamela Finch, Chair ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2014-301) 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 Conditional Use Permit (PLN2014-301) to allow the establishment of a commercial daycare center within an existing commercial building located at 1625 W. Campbell Avenue. The project shall substantially conform to the Revised Project Plans and the Project Description stamped as received by the Community Development Department on July 13, 2015 and October 30, 2014, respectively, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Conditional Use Permit (PLN2014-301) approval shall be valid for one (1) year from the date of final approval. Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Conditional Use Permit approval being rendered void. 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. Play Structure Details: The applicant shall submit detailed exhibits of play structure equipment for review and approval by the Community Development Director, prior to ordering play structures. 5. Revocation of Permit: Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 6. Expansion of Use: Any proposed increase to the approved daycare capacity shall require preparation of a traffic impact analysis (TIA). 7. Operational Standards: Consistent with the submitted Project Description, operation of the commercial daycare center pursuant to this 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 Conditional Use Permit approved herein. Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Page 2 a. Approved Use: The approved use is a commercial daycare center as defined by the Campbell Municipal Code, providing daycare and after-school care programs, in compliance with Campbell Municipal Code Sec. 21.36.080 and the California Code of Regulations. No other uses on the property are permitted. b. CDSS License: The operator of the commercial daycare center shall maintain in good standing the appropriate license(s) from the California Department of Social Services. c. Number of Children: The maximum number of children allowed shall be sixty (60) children (including 48 daycare children and 12 afterschool care children) or the limit set forth by California Department of Social Services Community Care Licensing, whichever is lower. d. Number of Employees: The total number of employees permitted on-site at any one time shall be limited to six (6). e. Operational Hours: Hours of operation for the commercial daycare center, shall be restricted to 7:30 AM to 7:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM Saturday and Sunday, exclusive of the customary and reasonable use of the facility for administrative activity. f. 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 45 children or the maximum set by Community Care licensing, whichever is lower. All outdoor play areas shall be in compliance with the State requirement of at least 75 square feet of unencumbered outdoor space per child on site and shall be enclosed by a six-foot high fence or wall. h. Playground Equipment Certification: Future 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. Noise: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the commercial daycare center use shall obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. As such, daycare staff shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise that may unreasonably disturb adjacent residents. Use of whistles or amplified devices (e.g., bull horns) is prohibited. Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Paae 3 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, require construction of a sound wall around the rear and side property lines, 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. n. Parking: The parking lot shall be maintained in compliance with the standards in Campbell Municipal Code. 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. Parking shall be restricted for on-site uses only. 8. Refuse Enclosure: New and/or modified refuse enclosures shall comply with all applicable standards of Section 21.18.110 of the Campbell Municipal Code, and shall include a roof covering, sanitary drain connection, and fire sprinkler protection. Refuse receptacles shall be kept within the enclosures except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. 9. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. Building Division: 10. Permits Required: A building permit application shall be required for the proposed "Pre- school" Tenant Improvements to the (e) commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Page 4 11. Building Code Design: Architect shall designate Building Code Use for this application. For purposes of this review, Staff assumes `E' Day Care Use. Project architect shall demonstrate how building is compliant or to be made compliant with CBC Code requirements for `E' Occupancy. 12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. 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. 15. Compliance with Code: This application shall be prepared in compliance with Section 442 of the California Building Code 2013 ed. 16. 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. 17. 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'/z X 11 calculations shall be submitted as well. 18.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. 19. 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. 20.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) 21. 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 Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Page 5 process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 22. Stormwater Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. PUBLIC WORKS DEPARTMENT The City of Campbell's adopted Streetscape Standards identify this portion of West Campbell Avenue as an Image Street with very specific frontage improvement requirements as shown on page 9 of the document. It appears that the scope of this project will not trigger the requirement for the installation of the streetscape improvements (see page 14 of the document), however if the project requires structural changes during the Building permit stage that trigger the requirement for frontage improvements then the applicant will be required to construct these improvements and have them completed prior to occupying the building. The Streetscape Standards can be viewed here: (http://www.cityofcampbell.com/DocumentCenter/Viewl168). However, the two existing driveways need to be reconstructed to meet current accessibility (ADA) requirements. Visit the City's website and follow the submittal requirements for Public Works once this application has received entitlement. The checklist for the various plans required for submittal can be found on the City's Website at City Services- Public Works-Engineering-Land Development-Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: 1. Checklist for Street Improvement Plans. The building permit and grading permit will not be issued until all Public Works Conditions of Approval have been satisfied. These Conditions of Approval are a supplement to the plans prepared by LRS Associates. The plans are not approved for construction. Further plan checking by Public Works will be required post entitlement. 23. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 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 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 Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Page 6 Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Qualify: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 25. 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. 26. 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. 27. 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. West Campbell Avenue was overlaid in 2011. 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. 28. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: Prior to issuance of 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. 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 sidewalk, curb and gutter. d. Installation of City standard 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. Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Page 7 f. Construction of conforms to existing public and private improvements, as necessary. g. Submit final plans in a digital format acceptable to the City. 29. Street Improvements Completed for 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 and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 30. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells 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 Encroachment 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. COUNTY FIRE DEPARTMENT 33. Development Review: Review of this development proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 34. Fire Sprinklers: The applicants have noted that any modifications will be subject to approval by this office and it now appears that an entirely new fire sprinkler system will need to be installed, including a separate fire service connection to the San Jose Water Company supply. 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. CFC Sec. 903.2 as adopted and amended by CBLMC. 35. 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 Conditions of Approval ~ 1625 W. Campbell Ave. Conditional Use Permit - PLN2014-301 Paae 8 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. 36. Day care means of egress: Day care facilities, rooms or spaces where care is provided for more than 10 children that are 2 and '/2 years of age or less, shall have access to not less than two exits or exit access doorways. CFC Sec. [B] 1015.6 37. Day care means of egress: Rooms used for day care purposes shall not be located above the first story. Exception: Buildings equipped with an automatic sprinkler system throughout and which have at least one of the required exits providing access directly to the exterior. NFPA 13R may be used in large family day-care homes (not applicable to this structure). The sprinkler omissions of NFPA 13R shall not apply unless approved by the enforcing agency. Exit doors, including manually operated horizontal sliding doors, shall be openable from the inside without use of a key or any special knowledge or effort. Tables 1021.1 and 1021.2 are not applicable to this occupancy classification. See CFC Sec. 1016 for required travel distances. CFC Sec. 1015 38. Fire Alarm: Pease refer to this code section for complete exceptions and conditions A manual and automatic fire alarm system that initiates the occupant notification signal utilizing an emergency voice/ alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in GroupE occupancies with an occupant load of 50 or more persons or containing more than one classroom or one or more rooms used for Group E or I-4 day care purposes in accordance with this section. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. CFC Sec. 907.2.3 Group E.