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PC Res 4257RESOLUTION NO. 4257 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2015-243) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2011-316) WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW THE CONSTRUCTION OF AN 1,740 SQUARE-FOOT BUILDING TO EXPAND AN EXISTING COMMERCIAL DAYCARE CENTER ON PROPERTY LOCATED AT 70 S. SAN TOMAS AQUINO ROAD. FILE NO.: PLN2015-243 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 PLN2015-243: 1. The project site is located on S. San Tomas Aquino Road, south of Campbell Avenue. 2. The project site is zoned C-1 (Neighborhood Commercial) as shown on the Campbell Zoning Map. 3. The project site is designated Neighborhood Commercial as shown on the Campbell General Plan Map. 4. The project site is bordered by a public assembly use to the north and east, residential uses to the sauth, and a pending residential development across the street to the west. 5. The project site is developed with a commercial daycare center within a 1,562 square- foot building, approved by Planning Commission Resolution No. 4049 (PLN2011-316) on March 13, 2012. 6. The proposed project is a Modification to a Conditional Use Permit with Site and Architectural Review. 7. The proposed project would allow expansion of the commercial daycare center through construction of a 1,740 square-foot daycare building, allowing an increase in capacity from 31 children to 60 children. 8. The proposed project generates a parking demand of 18 parking spaces, which will be provided on-site. 9. The hours of operation shall be restricted to 7:00 AM to 6:00 PM, Monday through Friday. 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. Planning Commission Resolution No. 4257 PLN2015-243 - 70 S. San Tomas Aquino Rd. -Modification to Conditional Use Permit Page 2 of 2 3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The proposed use will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The proposed use will not significantly increase the demand on City services. 6. The site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 7. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The project will aid in the harmonious development of the immediate area 9. The project is consistent with applicable adopted design guidelines. 10. 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 Modification (PLN2015-243) to apreviously-approved Conditional Use Permit (PLN2011-316) with Site and Architectural Review to allow the construction of an 1,740 square-foot building to expand an existing commercial daycare center, located at 70 S. San Tomas Aquino Road, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 27th day of October, 2015, by the following roll call vote: AYES: Commissioners: Finch, Bonhagen, Dodd, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED ATTEST: -~ Paul Kerm yan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification to a Conditional Use Permit (PLN2015-243) 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 Planning Division Approved Project: Approval is granted for a Modification (PLN2015-243) to a previously approved Conditional Use Permit (PLN2011-316) with Site and Architectural Review to allow the construction of a 1,740 square-foot building to expand an existing commercial daycare center on property located at 70 S. San Tomas Aquino Road. The project shall substantially conform to the revised project plans and written description, stamped as received by the Community Development Department on October 26, 2015 and August 11, 2015, respectively, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Modified Conditional Use Permit approval shall be valid for one (1) year from the date of final approval. Within this one-year period 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 approval being rendered void. If this approval expires, operation of the daycare center shall revert back to the original Conditional Use Permit (PLN2011-316) as approved by Planning Commission Resolution No. 4049. Once established, approval for an expanded daycare center shall be valid in perpetuity on the property in subject to continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit approved herein. 3. Previous Conditions of Approval: Upon the effective date of the Modified Conditional Use Permit, the previously approved Conditions of Approval provided in Planning Commission Resolution No. 4049 (PLN2011-316) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein, except as noted by Condition No. 2. 4. Building Paint Colors: Construction drawings for a building permit shall note the building colors of the new building to match the color scheme of the existing building, unless otherwise approved by the Community Development Director. 5. 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. Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Paae 2 6. Operational Standards: The operation of the commercial daycare center shall be subject to the following operational standards. Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Modified Conditional Use Permit by the Planning Commission. a. Commercial Daycare Center: Operation of the commercial daycare center shall be in full compliance with Campbell Municipal Code Sec. 21.36.080 and the California Code of Regulations. The school shall maintain in good standing the appropriate license(s) from the California Department of Social Services. b. Number of Children: The maximum number of children allowed shall either be sixty (60) children or the limit set forth by California Department of Social Services Community Care Licensing, whichever is lower. c. Number of Employees: The total number of employees permitted on-site at any one time shall be limited to six (6). d. Operational Hours: Normal hours of operation for the commercial daycare center, shall be restricted to 7:00 AM to 6:00 PM, Monday through Friday, exclusive of the care of children whose parents are late and the reasonable use of the facility for administrative activity. e. Outdoor Activities: All outdoor activities shall be restricted to 8:00 AM to 6:00 PM. 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 thirty-eight (38) 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. h. Playground Equipment: The playground equipment shall be assembled and installed incompliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment, or prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment is in compliance with the California Department of Health Services regulations regarding playground equipment. Noise: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the commercial daycare center use shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the adjoining properties. As such, daycare staff shall reasonably monitor children playing in the playground to ensure that there are Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Page 3 no extensive periods of play and/or extreme occurrences of noise that may unreasonably disturb adjacent residents. Use of whistles or amplified devices (e.g., bull horns) is prohibited. In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise which may include limiting of hours of playground use, limiting the maximum number of students permitted in the playground at any one time, and/or requiring the installation of surface acoustical treatment on the playground. j. Delivery Trucks: All truck deliveries shalt 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. Building Division 7. Permits Required: A building permit application shall be required for the proposed new daycare building. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. The building shall be made to comply with all the requirements necessary to a E Occupancy. 8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 9. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 10. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 11. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Page 4 numbers shalN also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 12. Title 24 Eneray 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. 13. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 14. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 15. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 16. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 17. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) b. West Valley Sanitation District (378-2407) c. San Jose Water Company (408) 279-7900 (Customer Service) 18. P.G.& E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 19. LEED for New Construction: Applicant shall complete and return LEED Project checklist prior to issuance of permit. 20. Stormwater Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Stormwater water shall not drain onto neighboring parcels. 21. California Green Building Code: This project shall comply with the California Green Building Code, Chapter 5. Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Page 5 PUBLIC WORKS DEPARTMENT COMMENTS 22. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 23. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 24. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 25. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 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. S. San Tomas Aquino Road has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 28. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way, sewer clean out, water meter etc. Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Page 6 b. Removal of two existing driveway approaches at 70 S. San Tomas Aquino Road and 62 S. San Tomas Aquino Road and necessary sidewalk, curb and gutter. c. Installation of City standard curb, gutter, and sidewalk (Detail 1 -Commercial Walk) and ADA compliant driveway approaches per Detail D-18 (and using Detail A-3) at 70 S. San Tomas Aquino Road and 62 S. San Tomas Aquino Road. d. Installation of City approved street trees, 4'x4' tree wells and irrigation where necessary. Existing tree well is only 3' by 3' modify accordingly. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Construction of conforms to existing public and private improvements, as necessary. h. Submit final plans in a digital format acceptable to the City. 29. 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. 30. 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. 31.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. 32. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 33. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Paae 7 34. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 35. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 36. 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. 37. 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. S. San Tomas Aquino Road has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 38. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way, sewer clean out, water meter etc. b. Removal of two existing driveway approaches at 70 S. San Tomas Aquino Road and 62 S. San Tomas Aquino Road and necessary sidewalk, curb and gutter. c. Installation of City standard curb, gutter, and sidewalk (Detail 1 -Commercial Walk) and ADA compliant driveway approaches per Detail D-18 (and using Detail A-3) at 70 S. San Tomas Aquino Road and 62 S. San Tomas Aquino Road. d. Installation of City approved street trees, 4'x4' tree wells and irrigation where necessary. Existing tree well is only 3' by 3' modify accordingly. e. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Paae 8 f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Construction of conforms to existing public and private improvements, as necessary. h. Submit final plans in a digital format acceptable to the City. 39. 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. 40. 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. 41.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 42. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland- Urban Interface Fire Area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Section R313.2 as adopted and amended by CUPMC 43. Potable Water Supplies: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically Exhibit A -Conditions of Approval ~ 70 S. San Tomas Aquino Rd. PLN2015-243 -Modification to Previous Conditional Use Permit (PLN2011-316) Page 9 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. 44. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 45. Construction Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7.