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PC Res 3691 RESOLUTION NO. 3691 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2005-137) TO ALLOW THE EXPANSION OF AN EXISTING PRIVATE SCHOOL FOR A NEW PLAYGROUND ON THE ADJACENT UNDEVELOPED LOT ON PROPERTY OWNED BY CAMPBELL CHURCH OF CHRIST LOCATED AT 1075 W. CAMPBELL AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. APPLICATION OF MR. JIM MORELAN, ON BEHALF OF CAMPBELL CHRISTIAN SCHOOL. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-137: 1. The proposed project consists of the expansion of an existing private school for a new playground on the adjacent undeveloped lot. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of Low Density Residential. 3. The proposed private school expansion is consistent with the R-1-6 (Single-Family Residential) zoning designation for the site with approval of a Use Permit. 4. The proposed operational hours are typical of educational uses. 5. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (Existing Facilities) of the California Environmental Quality Act (CEQA). 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 and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3691 PLN2005-137 - 1075 W. Campbell Avenue -- Use Permit -- Playground Page 2 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2005-137) to allow the expansion of an existing private school for a new playground on the adjacent undeveloped lot on property owned by the Campbell Church of Christ located at 1075 W. Campbell Avenue in a R-1-6 (Single- Family Residential) Zoning District, subject to the following conditions: 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 Plannina Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2005- 00137) allowing the expansion of an existing private school for a new playground on the adjacent undeveloped lot located at 1075 W. Campbell Avenue. The site design shall substantially comply with project description and revised plans received by the Community Development Department dated October 28, 2005, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is Planning Commission Resolution No. 3691 PLN2005-137 - 1075 W. Campbell Avenue -- Use Permit -- Playground Page 3 required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 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. 5. Details and Colors: The applicant shall submit detailed exhibits of the play structure equipment for review and approval by the Community Development Director, prior to ordering play structures. Final color approval shall be subject to field review and approval by the Community Development Director. 6. Playqround 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 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. 7. Outdoor Storaqe: No outdoor storage is permitted on the subject property. 8. Siqns: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 of the Campbell Municipal Code. 9. Operational Hours: The hours of operation for the playground shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Sundays. 10. Noise: a. Noise Standards: The use of the facility shall not unreasonably disturb adjacent residential uses; however, it should be understood that the school will create some measure of noise audible from the adjacent residential uses. In an effort to ensure that no noise unreasonably disturbs adjacent residents, the school shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of play and/or extreme occurrences of noise in the playground that may unreasonably disturb adjacent residents. Planning Commission Resolution No. 3691 PLN2005-137 - 1075 W. Campbell Avenue -- Use Permit -- Playground Page 4 b. Noise Manaaement: In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Use 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 anyone time, and/or requiring the installation of surface acoustical treatment on the playground. PUBLIC WORKS 11. Street Improvements: Prior to issuance of any grading or building permits for the site, 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 improvements shall include the installation of City approved street trees at 30 feet on center. 12. Occupancv: Prior to allowing occupancy for any and/or all buildings/structures, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 13. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaping and trees 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. 14. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre, which is $575.00. 15. Easements: There is an existing 10' wide public utility easement along the western boundary of the property. Prior to issuance of any grading or building permits for the site, the applicant shall clearly show existing easements on the site plan and shall demonstrate approval from the utility companies allowing structures to be built within this easement. Planning Commission Resolution No. 3691 PLN2005-137 - 1075 W. Campbell Avenue -- Use Permit -- Playground Page 5 PASSED AND ADOPTED this 22nd day of November, 2005, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Eliz ATTEST: ~MAn1 Y ~ Sharon Fierro, Secretary , .9;: !~~