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PC Res 3826 RESOLUTION NO. 3826 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2007-98) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP95- 03A) TO ALLOW THE EXPANSION OF AN EXISTING COMMERCIAL DA YCARE FACILITY ON PROPERTY OWNED KIRKORIAN PROPERTIES, LP, LOCATED AT 1806 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. IGOR USHOMIRSKY, ON BEHALF OF STARBRIGHT SCHOOL. FILE NO.: PLN2007-98. 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 tb application PLN2007 -98. 1. The proposed expansion of an existing daycare center is consistent with the Neighborhood Commercial General Plan land use designation for the project site. 2. The proposed project is consistent with the requirements of the C-1-S Neighborhood Commercial Zoning District and will be consistent with the Zoning Ordinance with approval of a Modification to a previous Conditional Use Permit. 3. A Conditional Use Permit allowing the establishment of a commercial daycare with a maximum of 144 children was approved by the Planning Commission on April 11, 2005. The proposed project would allow for a 2,526 square foot expansion to the existing 7,759 square foot facility without exceeding the maximum number of students allowed. 4. The project site consists of a 1.02 acre lot, developed with 19,680 square feet of building area coverage, 2,800 square feet of landscaping, and 21,900 square feet of paving. 5. No exterior modifications to the building are proposed. 6. The hours of operation shall be restricted to 6:00 a.m. to 9:00 p.m., daily for indoor activity and 7:30 a.m. to 6:30 p.m. daily for the outdoor play area. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3826 PLN2007-98 - 1806 W. Campbell Avenue Modification to Use Permit - Expansion of Starbright School Page 2 1. The proposed use 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 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. 7. 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. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2007 -98) to a previously approved Conditional Use Permit to allow the expansion of an existing commercial daycare facility on property owned by Kirkorian Properties, LP, located at 1806 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. 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. Planning Commission Resolution No. 3826 PLN2007 -98 - 1806 W. Campbell Avenue Modification to Use Permit - Expansion of Starbright School Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Aooroved Proiect: Approval is granted for a Modification (PLN2005-68) to a previously approved Conditional Use Permit (PLN2007 -98) to allow the expansion of expansion of an existing commercial daycare facility located at 1806 W. Campbell Avenue to include an adjacent tenant space located at 1800 W. Campbell Avenue located at the Kirkwood Shopping Center. The project shall substantially conform to the project plans and project description received by the Planning Division on June 25,2007; except as may be modified by the conditions of approval contained herein: * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. Previous Conditions: All conditions of approval of the previously approved Conditional Use Permit (UP95-03A) as approved by Planning Commission Resolution No. 2966 shall remain in effect except as follows: a. Operational hours: Operational hours of the commercial daycare shall be limited to 6:00 a.m. to 9:00 p.m. daily for indoor activities and 7:30 a.m. to 6:30 p.m. daily for the outdoor play area. 4. 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, the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 5. 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. 6. 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. Planning Commission Resolution No. 3826 PLN2007-98 -1806 W. Campbell Avenue Modification to Use Permit - Expansion of Starbright School Page 4 7. Sionaoe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code and the approved Master Sign Program. 8. Location of Mechanical Eauipment: No roof-mounted mechanical equipment (Le. 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. 9. Outdoor Storaoe: No outdoor storage or overnight parking 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. 10. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Manaoement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 11. 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 shall be done between 6:00 a.m. to 11 :00 p.m. including any site maintenance. 12. On-Site Liohtino: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 13. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take Planning Commission Resolution No. 3826 PLN2007-98 - 1806 W. Campbell Avenue Modification to Use Permit - Expansion of Starbright School Page 5 place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. 14. Parkino and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Division: 15. Permits Reauired: A building permit application shall be required for the proposed new single family dwelling. 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 permit. 17. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 18. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 19. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. Planning Commission Resolution No. 3826 PLN2007 -98 - 1806 W. Campbell Avenue Modification to Use Permit - Expansion of Starbright School Page 6 20. Title 24 Enerov 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. 21. 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 with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 22. Non-Point Source: 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" X 36") is available at the Building Division service counter. 23. Title 24 Accessibilitv - 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. 24. Title 24 Accessibilitv - 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 Building Division service counter. 25. 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 c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) 26. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Planning Commission Resolution No. 3826 PLN2007-98 - 1806 W. Campbell Avenue Modification to Use Permit - Expansion of Starbright School Page 7 PASSED AND ADOPTED this 14th day of August, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None ~~~:ey d j/} ~ APPROVED: ~ fI. ~ Michael Rocha, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: J