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PC Res 4473RESOLUTION NO.4473 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2018-262) OF A PREVIOUSLY MODIFIED CONDITIONAL USE PERMIT FOR A COMMERCIAL CHILD DAY CARE CENTER TO ALSO ALLOW USE OF THE FACILITY AS A COMMUNITY / CULTURAL / RECREATION CENTER, PUBLIC ASSEMBLY USE, LARGE TUTORING CENTER, AND LARGE STUDIO AND PERMIT LATE NIGHT ACTIVITIES FOR INDOOR JANITORIAL SERVICES AT 1806 W. CAMPBELL AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2018-262: The project site is located south of W. Campbell Avenue, north of Whitwood Lane, and east of Fulton Street. 2. The subject permit would allow use of a 17,515 square -foot tenant space and 6,294 square -foot playground. 3. The Kirkwood Plaza Shopping Center is comprised of eight buildings and is anchored by Nob Hill Foods. 4. The Kirkwood Plaza Shopping Center has a total of 620 parking spaces based on a site survey prepared for the property. 5. The project site is zoned C-1 (Neighborhood Commercial). 6. The General Plan land use designation for the property is Neighborhood Commercial. 7. The project site is surrounded by commercial land uses to the north, east and west, and residential uses to the south. 8. The Planning Commission's review of the proposed project encompassed zoning and General Plan land use conformance, noise, circulation, traffic, and parking. 9. The prior retail use of the space results in a 'credit' of 88 parking spaces based on a retail parking requirement of 1 space per 200 sq. ft. of gross floor area. 10. The peak parking demand of all uses of 88 parking spaces is based on the gross floor area of the tenant space, which requires 1 space per 200 sq. ft. of gross floor area for a daycare/studio/tutoring activity. 11. The peak parking demand per code for the proposed community/cultural/recreation center and/or public assembly use is less than the peak parking demand per code of the proposed daycare/studio/tutoring activity. Planning Commission Resolution No. 4473 Page 2 of 4 PLN2018-262 — 1806 W. Campbell Avenue Modification of a previously Modified Conditional Use Permit 12. The proposed uses would not result in an increased parking demand per code. 13. The subject request is for a modification of a previously Modified Conditional Use Permit for a commercial child day care center to also allow use of the facility as a community/cultural/recreation center, public assembly use, large tutoring center, and large studio and also permit late night activities for indoor janitorial services. 14. Applicable General Plan Policies considered by the Planning Commission include: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-9.3o: Single -Purpose Buildings: Discourage the development of single -purpose buildings (i.e. self -storage facilities. 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. 15. Chapter 21.72 (Definitions) of the Campbell Municipal Code. (CMC) defines "Commercial child day care centers" as follows: "Commercial child day care centers" means a commercial or non-profit child day care facility not operated as a small or large child day care home. Includes infant centers, preschools, sick child centers, and school -age day care facilities. These may be operated in conjunction with a business, school, or religious facility, or as an independent land use. Commercial child day care centers shall comply with the provisions of Section 21.36.080. 16. Chapter 21.72 (Definitions) of the Campbell Municipal Code (CMC) defines "Community/cultural/recreational centers" as follows: "Community/cultural/recreational centers" means multi -purpose meeting and recreational facilities typically consisting of one or more meeting or multi -purpose rooms, kitchen, and/or outdoor barbecue facilities, that are available for use by various groups for activities including dances, meetings, parties, receptions, exhibits, etc. 17. Chapter 21.72 (Definitions) of the Campbell Municipal Code (CMC) defines "public assembly uses" as follows: "Public assembly uses" means a facility or place where groups of people gather for civic, educational, political, religious, or social purposes. "Public assembly uses" include the following: 1. Auditoriums; 2. Conference centers; 3. Convention and exhibition halls; Planning Commission Resolution No. 4473 Page 3 of 4 PLN2018-262 — 1806 W. Campbell Avenue Modification of a previously Modified Conditional Use Permit 4. Lecture halls; 5. Meeting halls; 6. Religious institutions. Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include "Adult Oriented Businesses." Public assembly uses shall comply with the provisions of Section 21.36.170. 18. Chapter 21.72 (Definitions) of the Campbell Municipal Code (CIVIC) defines "late night activities" as follows: "Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m., including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other properties. 19. The requested late night activities would be limited to indoor janitorial service. 20. The proposed project is consistent with the requirements of the C-1 (Neighborhood Commercial) Zoning District and will be consistent with the Zoning Ordinance with approval of a Modification (PLN2018-262) of the previously approved Conditional Use Permit (UP95-03A) passed and adopted by Planning Commission Resolution No. 2966 on April 11, 1995 as previously modified by Modification (PLN2007-98) by Planning Commission Resolution No. 3826 on August 14, 2007 and Modification (PLN2013-41) by Planning Commission Resolution No. 4104 on May 28, 2013. 21. The proposed project would supersede conditions of approval established by prior entitlements. 22. 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: Conditional Use Permit Findings: 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; Planning Commission Resolution No. 4473 Page 4 of 4 PLN2018-262 — 1806 W. Campbell Avenue Modification of a previously Modified Conditional Use Permit 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 in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. Environmental Finding(s): 7. 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 Modification (PLN2018-262) of a previously Modified Conditional Use Permit for a commercial child day care center to also allow use of the facility as a community / cultural / recreation center, public assembly use, large tutoring center, and large studio and permit late night activities for indoor janitorial services at 1806 W. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 27th day of November, 2018, by the following roll call vote: AYES: Commissioners: Ching, Hernandez, Ostrowski and Rich NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Krey and Rivlin APPROVED ATTEST: Paul kermoyan, Secretary Michael Rich, Chair EXHIBIT A CONDITIONS OF APPROVAL Modification (PLN2018-262) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Modification (PLN2018-262) of a previously Modified Conditional Use Permit for a commercial child day care center to also allow use of the facility as a community / cultural / recreation center, public assembly use, large tutoring center, and large studio and permit late night activities for indoor janitorial services located at 1806 W. Campbell Avenue. The project shall substantially conform to the Project Plans and Project Description stamped as received by the Community Development Department on September 13, 2018, except as may be modified by the Conditions of Approval contained herein. 2. Previous Approvals: All conditions of approval and land use authorization granted by of the previously approved Conditional Use Permit (UP95-03A) as approved by Planning Commission Resolution No. 2966 and Modification (PLN2007-98) as approved by Planning Commission Resolution No. 3826, and Modification (PLN2013- 41) as approved by Planning Commission Resolution No. 4104 are hereby superseded. 3. Plan Revisions: Prior to issuance of a building permit, the following revisions to the project plans shall be made: a. Loading/Unloading Areas: The plans submitted for building permit shall include two options: i. One option noting the removal of the yellow cross hatch. ii. One option noting the inclusion of the yellow cross hatch which would require written approval by the Community Development Director prior to installation. Both options shall provide new signs restricting the use of the same ten (10) parking spaces for loading/unloading use for 2 hours in the morning and two hours in the evening, Monday through Friday. During these times, the signs shall clearly indicate that use of the parking spaces is limited to five -minutes to facilitate loading/unloading activities. The signs shall further indicate that the parking spaces are not time limited, and open to all other users outside of the specified Conditions of Approval Modification — PLN2018-262 Paae 2 of 8 hours/days. The exact wording and placement of the signs shall be to the satisfaction of the Community Development Director. b. Staff Only Parking: The plans shall clearly indicate the removal of the staff only parking signs. 4. Revocation of Permit: Operation of the use in violation of the conditions of approval or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the permit by the Planning Commission. 5. Operational Standards: The operation of the commercial child day care center, community / cultural / recreation center, public assembly use, large tutoring center, and large studio use shall be subject to the following operational standards. Non- compliance with any of these standards, any other conditions of approval, or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the permit by the Planning Commission. a. All Uses: The following standards shall apply to all uses subject to this permit at all times: iii. Maximum Staff: A maximum of 24 staff shall be allowed at any one time, including, but not limited to, of all faculty/teachers, janitorial staff, caterers, and stage setup/dismantling crews. iv. Maximum Children: The maximum number of children and/or school -age students allowed shall either be one -hundred and eighty (180) or the limit set forth by California Department of Social Services Community Care Licensing, whichever is less. V. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with day-care drop-off and pick-up periods specified on the ten (10) loading/unloading signs in front of the tenant space. vi. Administrative Activity: Hours of operation for administrative use of the facility (office staff only) shall be restricted to 6:00 AM to 11:00 PM, Daily. vii. Janitorial Service: Janitorial service shall be permitted 24-hours/daily inside the building. viii. Playground: The outdoor playground may only be used by the Commercial Child Daycare Center. ix. Alcohol: No alcohol shall be permitted. x. Security Procedures: Consistent with the Project Description (see Condition of Approval #1), the business shall be required to maintain a `multi -level' security system which includes alarms, interior/exterior security cameras, motion sensors, and an access control system on both main Conditions of Approval Modification — PLN2018-262 Page 3 of 8 entrances into the building. Further, Starbright staff shall be required to directly supervise children at all times as well as any third -party using the property, and isolate the areas of the facility available to cast (for setup) and the general public from the rest of the facility. A. Adult and/or Sexually -oriented Business Activity Prohibited: Use of the space constituting an adult and/or sexually -oriented business by the City of Campbell Municipal Code, including but not limited to, use of the facility constituting an adult theater or adult cabaret, or sexually oriented motion picture theater, or modeling studio shall be strictly prohibited. xii. Live Entertainment Prohibited: Except as allowed by this Section 5, no use constituting live entertainment subject to Chapter 5.24 (Live entertainment) shall be permitted. b. Commercial Child Daycare Center: Operation of the commercial child daycare center shall be in compliance with Campbell Municipal Code Sec. 21.36.080 (Commercial child care centers), the California Code of Regulations, and the Conditions of Approval established herein: Public Hours: The commercial child daycare center shall be restricted to 7:30 AM to 6:00 PM, Monday through Friday. ii. Outdoor Hours: All outdoor activities (i.e. use of the playground) shall be restricted to 8:00 AM to 6:00 PM, Monday through Friday. iii. Licenses: The commercial child daycare center shall maintain in good standing all appropriate license(s) from the California Department of Social Services. iv. 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. V. Outdoor Play Areas: The maximum number of children allowed in the outdoor play area at any one time is 70 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. vi. Playground Equipment Certification: 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 Conditions of Approval Modification — PLN2018-262 Paae 4 of 8 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. c. Large Tutoring Center/Studio: Maximum Students: The maximum number maximum number of school - age students allowed shall either be thirty (30) or the limit set forth by California Department of Social Services, whichever is lower. During the operational hours of the commercial day child day care, the maximum number of school -age students (18 and under) shall be 12 (twelve) or the limit set forth by the California Department of Social Services. ii. Location: Tutoring center/studio classes shall be restricted to the multi- purpose room and not overlap with use of the room by the commercial child -day care use. iii. Instruction Hours: Instruction shall be limited between the hours of 7:30 AM and 9:00 PM, Monday through Friday, and between the hours of 8:00 AM and 9:00 PM, Saturday and Sunday. iv. Performance Hours: Performances for school -age students shall be limited to the hours of 7:30 AM and 10:00 PM, Monday through Friday, and between the hours of 7:30 AM and 10:00 PM, Saturday and Sunday. d. Community/Cultural/Recreation Center & Public Assembly Use: Operational Hours: The operational (non-public) hours for use of the facility for community/cultural/recreation and/or public assembly activity shall be between the hours of 7:30 AM and 11:00 PM, Daily. Public Hours: The public hours for use of the facility as a community/cultural/recreation and/or public assembly activity shall be between the hours of 6:30 PM and 11:00 PM, Monday through Friday and 7:30 AM and 11:00 PM, Saturday through Sunday. The public hours of the facility shall not overlap with the hours of the commercial child day care center. iii. Capacity: The maximum occupancy for the facility, while used as a community/cultural/recreation and/or public assembly use, shall be limited to the maximum occupancy of the rooms in use, or 180 (including staff), whichever is less. iv. Maximum Number of Seats: No more than 142 seats shall be permitted in the multi -purpose room at any one time. Conditions of Approval Modification — PLN2018-262 Paae 5 of 8 V. No Outdoor Queuing: No nor shall any stanchions facilitate an event. lines shall que outside the building for ticketing; or booths be setup outdoors to promote or vi. Multi -purpose room: Use of the multi -purpose room in a stadium/auditorium seating arrangement shall be limited to the following .activities to prevent misuse of the space by an activity constituting 'Theaters, movie or performing arts, and concert halls', as defined by Chapter 21.72 (Definitions) of the Campbell Municipal Code: 1. Student Performances & Plays; and a. Participants of Starbright programs (i.e. commercial child day care, large studio, and/or large tutoring activities) or comparable educational/commercial organizations (e.g. school and/or student productions); 2. Cultural, Civic, Educational, Political, Religious or Social Activities. a. Allowed uses shall be local community gatherings such as political rallies, home owner association, hobby club and other civic meetings, as well as art exhibitions, educational and cultural performances (but excluding performances by commercial resident theater companies and commercial touring theater productions), and film festivals (but otherwise no screening of commercial films that were released at any time in a commercial movie theater and carry a Motion Picture Association of America rating). Notwithstanding the proceeding limitations, the Community Development Director may provide written authorization for activities, on a case -by -case basis, upon finding that the activity is consistent with one of the permitted activities listed above and/or the definition of a `community/cultural/recreation center' or 'public assembly' use. In the event the Community Development Director denies a requested activity, the operator may appeal that determination to the Planning Commission for consideration. 6. Si na e: No signage is approved as part of the development application approved herein: All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code and the approved Master Sign Program. 7. 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. Conditions of Approval Modification — PLN2018-262 Paae 6 of 8 8. Outdoor Storage: No outdoor storage or overnight parking is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 9. Business License: A valid City of Campbell business license shall be maintained at all times. 10. Property Maintenance: All exterior areas shall be maintained free from graffiti, trash, rubbish, posters and stickers placed on the property. 11. Parking & Driveway Areas: All parking and driveway areas shall be striped and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking and driveway areas shall be regularly swept and cleaned to remove litter and debris. 12. Noise: Doors shall remain closed at all times the facility is in use. Regardless of decibel level, noise shall not obstruct the free use of neighboring uses so as to unreasonably interfere with the comfortable enjoyment of adjoining properties or tenant spaces. 13. Landscaping: All exterior landscaping, including trees, shall be maintained in good condition. 14.0n-Site Lighting: On -site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 15. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. No assigned parking shall be permitted. 16. Perimeter Fencing: Fencing surrounding the perimeter of the site shall be maintained in good condition. 17. 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. Conditions of Approval Modification — PLN2018-262 Page7of8 18. 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 by the Planning Commission. In order to cover staff costs for a revocation hearing, the applicant shall be required to cover the time and materials for such action, not to exceed the cost of a Conditional Use Permit based on the fee schedule in effect at the time of the public hearing. In the event the Planning Commission finds that no wrong -doing has occurred, no payment shall be required. BUILDING DIVISION 19. Permits Required: A building permit application shall be required for the proposed changes in use to allow use of the facility as a "community/cultural/recreation center" and "public assembly" use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. 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. 21. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 22. Size Of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 23. 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. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 24. 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.0 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 25. Non -point Source Pollution: 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. 26.Approvals Required: The project requires the following agency approval or consultation prior to issuance of the building permit: • West Valley Sanitation District (378-2407) Conditions of Approval Modification — PLN2018-262 Paae 8 of 8 • Santa Clara County Fire Department (378-4010) 27. 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. 28. Title 24 Accessibility — Commercial: This change in use shall require the space to comply fully with California Access requirements Chapt. 11 B 2016 CBC. PUBLIC WORKS DEPARTMENT The scope of this project trinaers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The applicant shall upgrade the existing curb ramp (wheelchair ramp) at the northeast corner of the intersection of Fulton Street and Whitwood Lane to be Accessible (ADA) compliant. 29. Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits, the applicant shall 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. Upgrade the existing curb ramp at the northeast corner of the intersection of Fulton Street and Whitwood Lane to be Accessible (ADA) compliant. 30. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff, the applicant shall have the required street improvements installed and accepted by the City.