PC Res 3299RESOLUTION NO. 3299
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL
USE PERMIT TO ALLOW THE ESTABLISHMENT OF A DAY
CARE FACILITIY FOR 24 CHILDREN ON PROPERTY
LOCATED AT 453 W. CAMPBELL AVENUE IN AN R-l-6
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MS. CHRISTIN TRAN. FILE NO. PLN2000-
68 (UP):
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2000-68 (UP):
1. The project site is located on property zoned R-l-6 (Single Family Residential) is designated
as Low Density Residential Land Use on the General Plan.
2. The proposed day care facility is a use permitted in the R-l-6 (Single Family) Zoning
District, subject to a conditional use permit approval.
3. The site plan indicates the provision of 5 on-site parking spaces and the ability to provide 4
drop-off and pick-up parking spaces along the West Campbell Avenue frontage.
4. The proposed conversion of the existing residence into a day care use is permitted in the R-1
(Single Family Residential) Zoning District with approval of a Conditional Use Permit.
5. The hours of operation of the proposed use are Monday through Friday, 8 a.m. to 6 p.m.,
which is consistent with the proposed hours of operation for the day care facility.
o
The project plans illustrate that the existing residence and the yard areas surrounding the
residence provide adequate space to accommodate interior and exterior needs of the day care
use.
o
The proposed use subject to the conditions of approval is compatible and consistent with the
surrounding residential uses.
The conversion of the residential structure will be required to meet all City Building Code
requirements and Community Care Licensing Requirements of the State of California.
Planning Commission Resomtion No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 2
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed use is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in the
neighborhood of the proposed use, or be detrimental to property and improvements in the
neighborhood or to the general welfare of the City.
3. The proposed site is adequate in size and shape to accommodate the proposed day care
facility.
4. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of
traffic such use would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Project: Approval is granted for a Use Permit (PLN2000-68) to allow the
conversion of a residence into a day care center serving 24 children on property located at
453 W. Campbell Avenue. Project shall substantially comply with the submitted plans:
A. Project plans prepared by Joe Hernandez, Architects, dated May 3, 2000 consisting of
three sheets.
B. Applicant's written statement dated May 5, 2000 providing an operational description,
except as modified herein in by the Conditions of Approval.
C. Care shall be limited to a maximum of 24 children.
D. Applicant shall obtain approval from the California State Department of Social Services,
Community Care Licensing.
Use Permit Expiration: The Use Permit approval (PLN2000-68) for this project is valid for a
period of one year from the Planning Commission approval. All conditions of approval
specified herein must be completed within one year from the date of approval or the Use
Permit shall be void.
3. Hours of Operation: The hours of operation for the day care facility use shall be 8 a.m. to 7
p.m., Monday through Friday as stated in the applicant's project summary description.
Planning Commission Resomtion No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 3
Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit.
A Sign Permit may be granted upon complete submission of a Sign application and approval
by the Community Development Department in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved an a permit issued.
o
Noise: Outside play times shall be restricted to 11:00 a.m. to 4:30 p.m. In the event that
verified complaints are received by the Planning Department, the Community Development
Director may restrict or modify the permitted hours of the outside play area. Any decision of
the Community Development Director may be appealed to the Planning Commission.
o
Revocation of Use Permit: The Planning Commission may consider revocation of this use
permit at a scheduled hearing, if the project violations the conditions of approval specified by
the Planning Commission. The operation of the day care use shall not unreasonably interfere
with the use and enjoyment of adjacent property owners rights of their residential properties.
PUBLIC WORKS DEPARTMENT
o
o
Proof of Ownership: Prior to issuance of any grading, drainage or building permits for the
site, the applicant shall provide a current preliminary title report, grant deed or other
satisfactory proof of ownership.
Right-of-Way for Public Street Purposes: Prior to issuance of any permits for the site, the
applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along
the Campbell Avenue frontage to accommodate 10 feet from face of curb. The applicant
shall cause all documents to be prepared by a registered civil engineer/land surveyor, as
necessary, for the City's review and recordation.
Street Improvements: Prior to issuance of any permits for the site, the applicant shall
execute a street improvement agreement and shall cause plans for public Street
Improvements to be prepared by a registered civil engineer, pay fees, 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 fee for a non-
utility encroachment permit is $245.00. The fee for a minor non-utility encroachment permit
is $50.00. The plans shall include the following:
· Remove existing driveway approach on Campbell Avenue.
· Construct new curb, gutter and sidewalk on Campbell Avenue where the approach is
removed.
· Construct ADA compliant pedestrian ramp at the intersection.
· Removing existing non-ADA compliant driveway on Hardy Avenue.
· Construct new ADA compliant driveway approach on Hardy Avenue.
· Construction of conforms to existing public and private improvements as necessary.
· Installation of traffic control signs and stripes, as necessary
Planning Commission Resomtion No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 4
10. Conforms: Construction of conforms to existing public and private improvements as
necessary.
11. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
12. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
13. Storm Drain Area Fee: Prior to issuance of any permits for the site, the applicant shall pay
the required Storm Drain Area fee. The current fee is $2,000 per acre.
14. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
BUILDING DEPARTMENT
15. Permits Required: A building permit application shall be required for the proposed
conversion of the structure from residential use to commercial use. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
16. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permits. Plans shall be prepared and stamped by a
California licensed engineer or architect.
17. Size of Plans: The maximum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
18. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
19. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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
Planning Commission Resomtion No. 3299
PLN2000-68 - 453 W. Campbell Avenue - Day Care for 24 Children
Page 5
with U.B.C. Section 106.3.05. Please obtain City of Campbell, Special Inspection forms
from the Building Department.
20. Non-Point Source Pollution Control Program: 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 inches by 36 inches) is available at the Building
Department.
21. 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 sidewalks.
22. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed City of Campbell "20%" exemption form on
submitted construction plans. Form is available at the Building Department.
23. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
A. West Valley Sanitation District
B. Santa Clara County Fire Department
FIRE DEPARTMENT
24. State Licensing and Fire Inspection: The applicant shall comply with the State of California
Department of Social Services licensing requirements prior to advertising or opening for
business. The Fire Department shall be contacted in that process to perform a site inspection
for compliance with the appropriate fire and life safety provisions of the fire code and State
health and safety codes prior to an annual day care permit being issued by this department.
PASSED AND ADOPTED this 12~ day of September, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Gibbons, Hernandez, Jones, Lindstrom,
None
Francois, Lowe
None
/.~*t~za~ GibbS)ns, Chair
ATTEST:
Sharon Fierro, Secretary