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PC Res 4447RESOLUTION NO. 4447 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2018-118) TO ALLOW A COMMERCIAL SCHOOL AND COMMERCIAL CHILD DAY CARE CENTER (D.B.A. ROSSINCA- CARDEN) ON PROPERTY LOCATED AT 1980 HAMILTON AVENUE. FILE NO: PLN2018-118 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 No. PLN2018-118: 1. The project site is located along Hamilton Avenue, between Leigh and Phantom 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 surrounded bysingle-family residential and office uses. 5. The project site owned and improved by the First Congregational Church of San Jose, including the Church's sanctuary, assembly hall, administrative offices, and school rooms. 6. Carden Day School, a private pre-school through 8th grade, operated on the Church's property from 2007 until 2018 under various Conditional Use Permits which have been summarized as follows: a. On September 27, 2007, the Planning Commission adopted Resolution No. 3829 approving a Conditional Use Permit (PLN2007-128) for private school, known as Carden Day School which allowed establishment of a Jr. K-3~d grade private school, with a capacity of 80 children, for a period of five years, expiring June 2012. b. On September 10, 2013, the Planning Commission adopted Resolution No. 4113 approving a Modification (PLN2013-197) request to reinstate the Conditional Use Permit approval for the school for a period of four years, increase the school's capacity to a maximum of 120 children in grades Jr. K through fifth grade, and allow the placement of modular buildings. c. On September 8, 2015, the Planning Commission adopted Resolution No. 4239 approving ,a City-initiated Modification to the aforementioned Conditional Use Permit that allowed alimited-term extension of approval Planning Commission Resolution No. 4447 PLN2018-118 -Rossinca-Carden Day School Conditional Use Permit Page 2 of 4 subject to the School pursuing construction of permanent classroom facilities. d. On January 26th, 2016 the Planning Commission adopted Resolution No. 4272 approving a Conditional Use Permit with Site and Architectural Review (PLN2015-248) and a Parking Modification Permit (PLN2015-361) and increased the school's capacity to a maximum of 150 students and analyzed the traffic and circulation impacts of the use through a traffic impact analysis. 7. Due to the repeated failure to satisfy conditions of approval (e.g. remove portable classrooms and begin the construction process for permanent facilities) the Planning Commission decided to revoke the school's Conditional Use Permits (PLN2015-196 &.PLN2015-248). Although Carden Day School appealed the Planning Commission's decision to the City Council, the operators withdrew their appeal the night of the Council Meeting, on June 5, 2018, allowing the Planning Commission decision to stand. 8. To minimize disruption to students, the Planning Commission's decision deferred the effective date to close the school and remove the portables until June 30, 2018. 9. At this time the school is closed and the portables have been removed. 10. The proposed project is to allow a commercial school and commercial day care facility (d.b.a. Rossinca-Carden International STEAM Academy) to make use of existing church classrooms and facilities. The business plans to use 9 classrooms (7 dedicated, 2 shared), the Church's fellowship hall, choir room, and kitchen facilities. 11. At peak operations, the facility would have a total of 124 students with ages ranging from preschool through 5th Grade and 27 staff onsite. 12. The business intends to operate between 7:00 a.m. until 8:00 p.m. Monday through Friday, with business (public) hours occurring between 7:30 p.m. and 7:45 p.m. Monday through Friday. On occasion, the school will host special events (e.g. Open Houses, Concerts, Fundraiser) which are anticipated to draw larger crowds than typical day-to-day school operations and run as late as 10:00 p.m. in the evening operational hours. 13. While only eight events are proposed per year, a condition of approval would allow up to ten events to provide some additional flexibility. To ensure events remain ancillary to the primary .land use activity, and do not adversely disrupt the surrounding residential community, any additional events would require prior written authorization by the Community Development Director. 14. The Planning Commission's review of the proposed project encompassed zoning and General Plan land use conformance, noise, circulation, traffic, and parking. Planning Commission Resolution No. 4447 PLN2018-118 - Rossinca-Carden Day School Conditional Use Permit Page 3 of 4 15. Applicable General Plan and Downtown Development Plan Policies and Strategies considered by the Planning Commission include: Policy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. Policy LUT-11.2a: Services Within Walking Distance: Encourage neighborhood serving commercial and quasi-public uses, such as churches, schools, and meeting halls to locate within walking distance of residential uses. Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. 16. Based on a Traffic Impact Analysis prepared for a previous project, the project, which would have fewer students than what was studied, will not exceed, either individually or cumulatively, a LOS standard established by the Congestion Management Program for designated roads or highways. 17. The project may be found Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the operation and leasing, permitting, and minor alterations of an existing private structure involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 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; and 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 iri the neighborhood of the proposed Planning Commission Resolution No. 4447 PLN2018-118 -Rossinca-Carden Day School Conditional Use Permit Page 4 of 4 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 7. The project will aid in the harmonious development of the immediate area; and 8. The project is consistent with applicable adopted design guidelines. 9. The project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the operation and leasing, permitting, and minor alterations of an existing private structure involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2018-118) to allow a commercial school and commercial child day care center (d.b.a. Rossinca-Carden) on property located at 1980 Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 10th day of July, 2018, by the following roll call vote: AYES: Commissioners: Ching, Krey, Rivlin, Hernandez NOES: Commissioners: ABSENT: Commissioners: Rich, Ostrowski, Dodd ABSTAIN: Commissioners: APPROVED: . J Ile Hernandez, Actin C air ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2018-118) 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 (PLN2018-118) to allow a commercial school and commercial child day care center located at 1980 Hamilton Avenue. The project shall substantially conform to the Project Plans stamped as received by the Community Development Department on June 25, 2018 and Project Description stamped as received by the Community Development Department on June 8, 2018, except as may be modified by the Conditions of Approval contained herein. 2. Removal & Restoration of Landscaping: The pavement and grounds surrounding and previously under the removed portables, partially completed trash enclosure and partially completed entry canopy shall be removed and re-landscaped prior to the start of the 2018 Fall School Year (current year) or the applicant shall provide a $10,000 cash deposit prior to the start of the 2018 Fall School Year to ensure their removal and/or completion prior to registering students for the Fall semester in 2019 (next year; after summer recess). Staff may charge against this deposit to cover the time/cost for preparation of a cash deposit agreement (generally an hour of staff time). Further, all unpermitted structures shall be removed prior to the start of the 2018 Fall School Year (current year), including the covered canopy structures and onsite cargo containers. 3. Traffic and Safety Improvements: The applicant shall coordinate with the Public Works Department to review potential off-site improvements, including, but not limited to red-curbing, lane markings (e.g., "keep clear") and flashing speed signs, that may be necessary to minimize traffic impacts related to the School, as determined by the Public Works Director. The Director shall determine what improvements, if any, and estimated deposit to cover their installation will be required within 30-days of the date of final approval. The School will be responsible to provide a deposit to cover the estimated costs of such improvements within 30-days of the Public Works Director's determination. The timing of the installation of the improvements shall be to the satisfaction of the City's Traffic Engineer and Public Works Director. Further, in the event a traffic concern is identified the applicant shall be required to hire a traffic consultant to prepare a striping and signage plan to minimize impacts. Conditions of Approval Conditional Use Permit - PLN2018~118 Paae 2 of 7 4. School Activities: School activities shall be scheduled so as to not interfere with the operation of the Church. If overlapping activities result in complaints to the City, the Community Development Director shall review the schedule of on-site activities and impose restrictions as appropriate. 5. Operational Standards: The operation of the private school and related commercial daycare center shall be subject to the following operational standards: a. Number of Children: The maximum number of children on site shall not exceed one hundred and twenty-six (126). b. Number of Teachers: The maximum number of faculty onsite shall be twenty- seven (27). c. Age of Children: All children shall be of pre-school, elementary, or intermediate school age (up to fifth grade). d. Extended Care: Extended care (daycare) provided before- and after-school shall only be provided to the School's enrolled students. e., Operational Hours: Hours of operation for the commercial school and commercial day care center shall be restricted to 7:00 AM to 8:00 PM, Monday through Friday. Business Hours (when students /public are present) shall be restricted to 7:30 AM to 7:45 PM, Monday through Friday. Outdoor facilities shall be restricted to 8:00 AM to 6:30 PM, Monday through Friday. f. Trash 8~ Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done between 7:00 AM and 7:00 PM Monday through Friday. Trash bins shall be stored inside designated enclosures. In the event existing trash enclosures are not large enough to store all trash bins, a new trash enclosure shall be required. g. Special Events: Special events (e.g. open houses, concerts, fundraisers) shall be scheduled as not to interfere with the operation of the Church. To ensure special events remain ancillary to the primary land use activity, and do not adversely disrupt the surrounding residential community, no more than 10 events per calendar year shall be allowed unless prior written authorization by the Community Development Director is granted. h. Concerts: Concerts shall be conducted exclusively indoors and end by 9:00 p.m. at night. Unauthorized Use Prohibited: Facilities shall not be leased by private third-party organizations (e.g. corporate events, weddings, theaters, concerts). Further, no tickets shall be sold to any special event without prior written authorization by the Community Development Director. Conditions of Approval Conditional Use Permit - PLN2018-118 Page 3 of 7 j. Property Maintenance: The school shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. k. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. Commercial Daycare Center: Operation of commercial child daycare shall be in full compliancerwith Campbell Municipal Code Sec. 21.36.080 and the California Code of Regulations. The business shall maintain in good standing the appropriate license(s) from the California Department of Social Services. m. Parental Notices: Bi-annual written notices ,shall be provided to parents, instructing them of the arrival and departure procedures, specifically indicating that left turns from and onto Leigh Avenue are prohibited. n. Parking: The parking lot shall be maintained in compliance with the standards in the 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 and shall not be designated to any one user (no assigned parking). Parking lots and drive aisles shall not be used for outdoor play 6. Lighting Details: Lighting fixtures shall comply with the Campbell Lighting Design Standards. 7. Perimeter Fencing: Fencing surrounding the perimeter of the site shall be maintained in good condition. 8. 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. 9. 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. 10.One-Year Review: The Planning Commission shall hold a public hearing on or about June 11, 2019 to evaluate the operation of the private school and related commercial daycare center prior to fall registration in 2019. The Community Development Conditions of Approval Conditional Use Permit - PLN2018-118 Paae4of7 Director shall report on the operator's compliance with the conditions of approval contained herein, any known violations of local ordinances or State laws. At such time, as based on the Community Development Director's report, public testimony, and any additional evidence presented, the Planning Commission determines that conditions of approval have been violated the Planning Commission may revoke or modify the Modified Conditional Use Permit pursuant to CMC Chapter 21.28 (Revocations and Modifications). Notwithstanding the above, any violation of the conditions of approval may result in returning to the Planning Commission prior to June 11, 2019 pursuant to Condition of Approval No. 9 (Revocation of Permit). In order to cover the staff costs, the applicant shall be required to pay 50% of the cost of a Conditional Use Permit (the fee typically charged to modify an existing permit). This fee shall be due prior to the start of the 2018 school year (i.e. fall semester). Building Division: 11. Permits Required: A building permit application shall be required for any proposed Improvements to the (e) vacant classroom spaces. The building permit shall include- Electrical/Plumbing/Mechanical fees when such work is part of the permit. 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. 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. 16. 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. 17. 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. Conditions of Approval Conditional Use Permit - PLN2018-118 Paae 5 of 7 The specification sheet (size 24" X 36") is available at the Building Division service counter. 18. 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 public sidewalks. 19.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Health Dept. (Kitchen) c. Santa Clara County Fire Department 20. 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. 21. 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. 22.Americaris with Disabilities Act: Applicant is advised that this business is now subject to the Americans with Disabilities Act (ADA) and places the property owner's in a position of liability for all portions of the facility that are not accessible. PUBLIC WORKS DEPARTMENT The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. This scope of work does not trigger the Image Street improvements along the Hamilton Avenue frontage, but it does trigger ADA and sidewalk upgrade improvements along the Leigh Avenue frontage as detailed below. The completion' of the street improvements previously initiated under Encroachment Permit No. ENC2016-00038 will satisfy the requirements detailed below. 23. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: 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 improvements to Leigh Avenue, unless otherwise approved by the City Engineer: Conditions of Approval Conditional Use Permit - PLN2018-118 Paae 6 of 7 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. Removal of the existing curb ramp at the southeast corner of Leigh Avenue and Hamilton Avenue. e.' Installation of City standard curb, gutter, detached sidewalk and ADA compliant driveway approaches. 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 an ADA compliant curb ramp at the southeast corner of Leigh Avenue and Hamilton Avenue. g. Installation of City approved street trees and irrigation at 30 feet on center. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City. 24. 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. 25. 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. 26. 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. 27.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. Conditions of Approval Conditional Use Permit - PLN2018-118 Page 7 of 7 28. Improvement Completion: Offsite improvements shall be completed prior to the start of registration of the Fall 2019 school year. SANTA CLARA COUNTY FIRE 29. 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. 30. Paths of Travel: Areas indicated for fire department access shall be maintained for the life of the activity served.