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.