Loading...
PC Res 4541RESOLUTION NO. 4541 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2019-50) OF A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2014-301) TO INCREASE THE CAPACITY OF AN APPROVED COMMERCIAL DAYCARE CENTER FROM 60 TO 100 CHILDREN ON. PROPERTY LOCATED AT 1625 W. CAMPBELL AVENUE. FILE NO: PLN2019-50 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 PLN2019-50: 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. At its meeting of July 28, 2015, the Planning Commission adopted Resolution No. 4224 approving a Conditional Use Permit to allow commercial daycare center within an existing 9,735 square -foot office building located on the project site. 6. A commercial daycare center is identified as a conditionally permitted use in the C-1 (Neighborhood Commercial) Zoning District. 7. The proposed project is application to the previously approved Conditional Use Permit to increase the capacity of the daycare center from 60 to 100 children. No change to the property's site configuration is proposed. 8. A Traffic Impact Analysis commissioned by the City determined that a daycare facility of up to 140 children would not result in studied in the intersections operating at a less than acceptable level of service (LOS). 9. The proposed project would include 29 parking spaces, where 29 are required. 10. Campbell Municipal Code (CMC) Section 21.36.070.D specifies that "regardless of decibel level, and taking into consideration thenoise levels generated by children, no noise generated from the day care use shall unreasonably offend the senses or obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the adjoining properties." Since the existing play area would not be expanded (play time would be staggered), the proposed project would not result in an increase .in noise levels. Although the project would result in an increase in the Planning Commission Resolution No. 4541 Page 2 of 3 1625 W. Campbell Ave. — Approving a Conditional Use Permit Modification duration of play noise, this does conflict with the plain application of the aforementioned Municipal code section. 11. The proposed project would be consistent with the following General Plan policies: Strategy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. 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. 12. In review of the proposed project, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 13. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 14. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 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. 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. Planning Commission Resolution No. 4541 Page 3 of 3 1625 W. Campbell Ave. — Approving a Conditional Use Permit Modification 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 Modification (PLN2019-50) of a previously approved Conditional Use Permit (PLN2014-301) to increase the capacity of an approved commercial daycare center from 60 to 100 children on property located at 1625 W. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Buchbinder, Ching, Krey, Ostrowski, and Rivlin Commissioners: Hines Commissioners: Commissioners: APPROVES Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit Modification (PLN2019-50) 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 (PLN2019-50) of a previously approved Conditional Use Permit (PLN2014-301) to increase the capacity of an approved commercial daycare center from 60 to 100 children on property located at 1625 W. Campbell Avenue. The project shall substantially conform to the Project Plans and the Written Description/Operational Statement stamped as received by the Community Development Department on March 12, 2019 and September 13, 2019, respectively, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Modified Conditional Use Permit approved herein (hereon "Approval") shall be valid in perpetuity on the property subject to continued operation of the commercial daycare center, except upon revocation pursuant to Condition of Approval No. 7 (Revocation of Permit). 3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in Planning Commission Resolution No. 4244 (PLN2014-301) are hereby void and permanently superseded in their entirety by the Conditions of Approval specified herein. 4. 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. 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 one hundred (100) or the limit set forth by California Department of Social Services Community Care Licensing, whichever is lower. Conditions of Approval — 1625 W. Campbell Ave. Conditional Use Permit Modification — PLN2019-50 Page 2 d. Number of Employees: The total number of employees permitted on -site at any one time shall be limited to nine (9). 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, exclusive of the customary and reasonable use of the facility for administrative activity. 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 anyone 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. In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Community Development Director shall convene a public hearing with the Planning Commission pursuant to Condition of Approval No. 7 (Revocation of 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. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with school drop-off and pick-up periods. Conditions of Approval — 1625 W. Campbell Ave. Conditional Use Permit Modification — PLN2019-50 Page 3 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. 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 9:00 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. 5. Refuse Enclosure: The existing trash enclosure shall, be modified for compliance with applicable State and local standards if any of the conditions specified by the Community Development Director's Interpretation No. 6 occur. Refuse receptacles shall be kept within the enclosures except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. 6. 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. 7. Revocation of Permit: Operation commercial daycare center pursuant to this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a land use permit if it is determined that the -use has become a nuisance to the City's public health, safety or welfare or for violations of the land use permit or any standards, codes, or ordinances of the City of Campbell. The business owner shall be obligated to cover the actual cost of all staff time associated with revocation proceedings. This obligation may be enforced by the City as permitted by law. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable' complaints related to violations of conditions of approval, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. The Community Development Director may commence proceedings for the revocation of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time, restrict the establishment's hours of operation. In exercising this authority, the decision making body may consider the following factors, among others: Conditions of Approval — 1625 W. Campbell Ave. Page 4 Conditional Use Permit Modification — PLN2019-50 a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct of the operator's actions. b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment. c. Violation of conditions of approval. Building Division: 8. Accessibility Compliance: The project shall comply with the OCC CASp Opinion dated September 23, 2019, prepared by Susan O'Brien. COUNTY FIRE DEPARTMENT 9. 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. 10. Fire Sprinklers: Plans indicate a fully sprinkled E occupancy with an approved fire alarm system throughout. Verify annual -maintenance. 11.Age Group: Children ages 2 through and including second -grade pupils shall not be located above or below the first story. [CFC, ChA, 452.1.4J Revised plans show the site qualifies for exception 2 of this requirement . Plans identify age groups compliant age groups . 12. Fire Extinquishers: Provide portable fire extinguishers (minimum type of 2A-10BC) for every 75 ft. of travel distance or 3000 sq. ft. (per unit of A) CFC 906.3. Verify annual maintenance.