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PC Res 3313RESOLUTION NO. 3313 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2000-134) TO ALLOW THE ESTABLISHMENT OF A DAY CARE FACILITY FOR UP TO 60 CHILDREN IN AN EXISTING CHURCH ON PROPERTY LOCATED AT 62 S. SAN TOMAS AQUINO ROAD IN A C-PD (CONDOMINIUM/PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. LAVINIA BAHNG. FILE NO. PLN2000-134: 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 PLN2000-134: The Planning Commission finds as follows with regard to File No. PLN 2000-134: 1. There is adequate parking on-site to accommodate the proposed use based upon the staggered use of the site by the church and childcare center. 2. The proposed use of a childcare center is consistent with the existing uses on the property. 3. Adequate circulation has been provided on-site and the dropping-off and picking-up of children will be managed in such a way as to prevent the overflow of cars onto San Tomas Aquino Road. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The establishment of a child care center at this site will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 2. The proposed site is adequate in size and shape to accommodate the yards, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 3. The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed use is compatible with the uses in the area. Planning Commission Resolution No. 3313 PLN2000-134 - 62 S. San Tomas Aquino Road- Day Care for 60 Children Page 2 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 REQUIREMENTS 1. Capacity: The number of children attending the facility shall be limited to 60. 2. Circulation: The applicant shall establish procedures for the drop-off and pick-up of the students that would require the responsible adult to park the car in a designated parking space in order to sign the child into the center. Drive-by drop-offs are not allowed. 3. Noise Management: The hours of operation of the outdoor play area shall be limited to between 10 a.m. and 4 p.m. In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by uses from the outdoor play area, may limit the operational hours of the child care facility and/or may require a Noise Management Plan to be submitted by the applicant consisting of an acoustical study by a qualified acoustical engineer for recommendations to attenuate the noise. The Noise Management Plan shall require implementation of the mitigation measures as determined in the acoustical study. Actions by the Community Development Director may be appealed to the Planning Commission but the reduced hours for the outdoor play area shall be effective immediately upon notification by the Community Development Director. FIRE DEPARTMENT REQUIREMENTS 4. Site Inspection by Fire Department: Prior to operation, the applicant shall apply to the State of California Department of Social Services (DSS) for appropriate licensing. A Request to Inspect form shall be generated by DSS to the Santa Clara County Fire Department to facilitate a site inspection. Successful clearance must be obtained by the Santa Clara County Fire Department prior to the issuance of occupancy by the State. 5. Review of Detailed Floor Plan: Prior to occupancy as a pre-school, the applicant shall provide to the Community Development Department and to the Santa Clara County Fire Department a detailed floor plan for review and approval. Compliance with California Code of Regulations, Title 24, Part II shall be enforced. PUBLIC WORKS DEPARTMENT REQUIREMENTS 6. 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 street improvements as required by the City Engineer. The plans shall include the following: Planning Commission Resolution No. 3313 PLN2000-134 - 62 S. San Tomas Aquino Road- Day Care for 60 Children Page 3 a. Removal of existing driveway approaches which are not compliant with the Americans with Disabilities Act (ADA) requirements. b. Construction of new ADA compliant driveway approaches. c. Construction of conforms to existing public and private improvements as necessary. ~qtc~rmwater Pc~llnti~n Pro. v~ntirm 1M~am~r~$: 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. PASSED AND ADOPTED this 14~ day of November, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Doorley, Gibbons, Hemandez, Jones, Lindstrom, Lowe Commissioners: None Commissioners: Francois Commissioners: None APPROVE~ h~Gi bb~on s,~C~r~/~ Sharon Fierro, Secretary