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