Loading...
PC Res 4644RESOLUTION NO. 4644 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2021-157) TO ALLOW A COMMERCIAL DAY CARE USE WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 65 WEST HAMILTON AVENUE IN THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. 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 did find as follows with regard to application PLN-2021-157: 1. The project site is zoned C-2 (General Commercial) and designated General Commercial by the General Plan. 2. The project site is the approximately 15,022 square foot lot containing one commercial building located at 65 West Hamilton Avenue. 3. The subject use, Christian Righteousness Education Center, occupies an approximately 2,268 square-foot commercial building. 4. The proposed project is an application for a Conditional Use Permit to allow a commercial day care use (d.b.a. Christian Righteousness Education Center) with associated site improvements to allow for an outdoor play area, the reconfiguration of an existing parking lot and a new trash enclosure. 5. As described by the applicant's Written Description, the commercial day care use will have a maximum of 24 children. To alleviate traffic concerns, the two drop-off and pick-up will be staggered to ensure minimal traffic impacts. 6. In the C-2 (General Commercial) zoning districts, ‘commercial day care’ is identified as a Conditional Use. 7. A ‘commercial day care use’ is defined by CMC 21.72 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. 8. The proposal does not result in any additional floor area. Exterior building alterations are only proposed for the demolition of an existing shed. Planning Commission Resolution No. 4644 Page 2 of 4 65 West Hamilton Avenue Conditional Use Permit (PLN-2021-157) – Commercial Day Care 9. The business would operate between 8:30 A.M. and 6:00 P.M. Monday through Friday for customer serving hours and operate between 7:00 A.M. to 7:00 P.M. Monday through Friday for staff operation hours, and accordingly, would not constitute a late-night use. 10. The site provides approximately 10 parking spaces. A commercial day care center requires one parking space for each employee plus one parking space for each five children. Based on a maximum of five employees, and 24 children, the parking requirement is ten parking spaces. The commercial day care center satisfies the parking requirement. 11. The proposed commercial day care center use complies with the regulations contained in Section 21.36.080 of the CMC. The proposed commercial day care center is located on a site of approximately 15,238 square feet, exceeding the minimum required 10,000 square foot lot requirement by 5,238 square feet. The indoor play area is approximately 460 square feet and with a requirement of 35 square feet of unencumbered play area per child, a maximum of 13 children can occupy the indoor play area at the same time. To satisfy this requirement, the children will need to be placed into groups to ensure indoor play time is staggered. The outdoor play area is approximately 1,000 square feet and based on the requirement of 75 square feet of unencumbered play area, 13 children can occupy the outdoor play area at the same time. Therefore, the outdoor play times will need to be staggered into two groups to ensure this requirement is satisfied. The outdoor play area will be enclosed by a 6-foot tall wrought iron fence as required by the CMC. The commercial day care center is proposing business hours of operation from 8:30 AM to 6:00 PM and operational/staff hours of operation from 7:00 AM to 7:00 PM, and therefore, complies with the hours of operation of the municipal code. Signage is not part of the Conditional Use Permit and a separate application must be made to the Building Division, in which will be required to comply with the Sign Ordinance of the CMC. The proposed commercial day care center complies with the parking requirement, as discussed in the previous section. Furthermore, the parking area will not be used as a play area as the play area is a separate, enclosed space. Lastly, the commercial day care center will be required to submit for subsequent building permits and child care licensing from the California Department of Social Services. 12. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following: Policy 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-11.2: Services within walking distance: Encourage neighborhood services 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 between 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. Planning Commission Resolution No. 4644 Page 3 of 4 65 West Hamilton Avenue Conditional Use Permit (PLN-2021-157) – Commercial Day Care 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: Conditional Use Permit Findings (CMC Sec. 21.46.040): 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; 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) (CMC Sec. 21.38.050): 7. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure. 8. 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2021-157) to allow a commercial day care use within an Planning Commission Resolution No. 4644 Page 4 of 4 65 West Hamilton Avenue Conditional Use Permit (PLN-2021-157) – Commercial Day Care existing building located at 65 West Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 24th day of May, 2022, by the following roll call vote: AYES: Commissioners: Rivlin, Ching, Zisser, Buchbinder, Kamkar, Krey, Ostrowski NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 19:30 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2021-157) 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 Conditional Use Permit (PLN-2021-157) to allow a commercial day care use (d.b.a. Christian Righteousness Education Center) within an existing commercial building located at 65 West Hamilton Avenue. The project shall substantially conform to the Project Plans and Written Description included as Attachments 2 and 3 in the May 24, 2022 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the approval (expiring June 3, 2023). 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. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body. 3. Operational Standards: Consistent with the submitted Written Descriptions and City standards, a commercial day care use operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Commercial day care center: Operation of the commercial day care center shall be in full compliance with Campbell Municipal Code Section 21.36.080 and the California Code of Regulations. The commercial day care center 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 be twenty-four (24) children. c. Vehicular Management: In the event that three verifiable complaints are received by the City regarding parking, drop-off and pick-up operations, the Community Development Director may require establishment of limited duration parking, reduce the permitted occupancy, limit the hours of operation, require greater staggering of Planning Commission Resolution No. 4644 Page 2 of 4 65 W. Hamilton Ave Conditional Use Permit (PLN-2021-157) – Commercial Day Care drop-off and pick-ups, require additional parking management strategies and/or return the project to the Planning Commission for review. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all customers shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 7:00 AM – 7:00 PM, Monday through Friday Business/Public: 8:30 AM – 6:00 PM, Monday through Friday e. Outdoor activities: All outdoor activities shall be restricted to 10:00 AM to 6:00 PM, Monday through Friday. f. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." g. Business License: The business shall be required to obtain and maintain a City business license at all times. h. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. i. Noise: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the commercial day care use shall unreasonably offend the senses or obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. Use of whistles, amplified devices and other sound generating devices is prohibited. j. Meeting with neighbors: As necessary, the operator shall conduct meetings with surrounding neighbors should issues arise. k. Staggered drop-off and pick-up times: The drop-off and pick-up times shall be staggered into two groups to minimize the potential traffic impacts. The first group shall be dropped off at 8:30 AM to 9:15 AM and picked up at 4:45 PM to 5:30 PM. The second group shall be dropped off at 9:15 AM to 10:00 AM and the picked up at 5:30 PM to 6:00 PM. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times. 5. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. Planning Commission Resolution No. 4644 Page 3 of 4 65 W. Hamilton Ave Conditional Use Permit (PLN-2021-157) – Commercial Day Care 6. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 7. Outdoor Storage: No outdoor storage 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. 8. 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. Parking spaces shall be free of debris or other obstructions. 9. Replacement of Non-Protected Trees: The two non-protected trees proposed for removal shall be replaced with two (2) trees of a species and location to the satisfaction of the Community Development Director. 10. Traffic Calming: Speed bumps or humps shall be installed on the property for the purpose of reducing vehicle speed. 11. Revocation of Permit: Operation of a commercial day care use pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons’ actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment, including objectionable or obnoxious odors; and c. Violation of conditions of approval. FIRE DEPARTMENT 12. It appears the existing building is a B occupancy and will require an occupancy change before use. Building permit application for change of occupancy shall be subject to fire department plan review. Planning Commission Resolution No. 4644 Page 4 of 4 65 W. Hamilton Ave Conditional Use Permit (PLN-2021-157) – Commercial Day Care 13. California Fire Code requirements such as required fire protection systems, fire access, fire flow requirements will be evaluated at the time of building permit review. 14. Prior to final occupancy, property shall be subject to a fire and life safety inspection in coordination with the CDSS Community Care Licensing process. Resol 4644 ~ 65 W Hamilton Ave (Day care) Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAALl7wDE5wInZqhYwWqJFwbhUSCbQzWGNY "Resol 4644 ~ 65 W Hamilton Ave (Day care)" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:33:12 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:33:39 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:31:53 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:31:55 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 2:29:48 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 2:30:22 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 2:30:24 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 2:30:24 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.