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
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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.
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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.
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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.
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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
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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
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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.
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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
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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.