Loading...
CC Resolution 10934 RESOLUTION NO. 10934 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S ACTION TO DENY A CONDITIONAL USE PERMIT (PLN2008-17) TO ESTABLISH A NEW DAY CARE FACILITY SERVING UP TO 30 CHILDREN ON PROPERTY OWNED BY CAMPBELL COMMUNITY CHURCH OF GOD OF PROPHECY LOCATED AT 250 VIRGINIA AVENUE IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MS. MERAT AYALEW. FILE NO.: PLN2008-17. 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 City Council did find as follows with respect to application PLN2008-17. 1. The proposed use is consistent with the Institutional General Plan land use designation of and the P-F Public Facility Zoning District for the site. 2. The proposed use will be compatible with the P-F (Public Facility) zoning designation with approval of a Conditional Use Permit. 3. The project site includes a 6,286 sq ft. building consisting of the church sanctuary and 1,542 square feet of space for the proposed use. 4. The subject property is currently developed with a public assembly use (Campbell Community Church of God of Prophecy), including a residential structure (parsonage). 5. The proposed site plan depicts that approximately 32 percent of the site will be landscaped where a minimum 12 percent is required. 6. The subject property is located on the east side of Virginia Avenue between Bucknall Road and Rincon Avenue. 7. No exterior modifications to the building are proposed. 8. The hours of operation of the proposed use shall be 6:00 a.m. to 7:00 p.m. Monday through Friday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 2 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 establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The establishment will not significantly increase the demand on City services. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 City Council grants an appeal and overturns the Planning Commission's action to deny a Conditional Use Permit (PLN2008-17) to establish a new day care facility serving up to 30 children on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Avenue in a P-F (Public Facilities) Zoning District. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 3 State of California. Where approval by the Community Development Director, 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 Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Conditional Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2008-17) to establish a commercial day care center/preschool/after school care use in conjunction with a public assembly use (Campbell Community Church of God of Prophecy) located at 250 Virginia Avenue. The project shall substantially conform to the revised project plans received on June 17, 2008, and the project description received by the Planning Division on May 15, 2008, and all of the operational description and statements received by the City during the application process, 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. State Licensinq; The approval of this Use Permit is contingent upon any operator obtaining and maintain legal licensing through the California Department of Social Services. The operation of this facility without a State license shall be prohibited and will void the approval of the Conditional Use Permit herein. 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. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 4 6. Six-Month Review of Use: The City Council shall conduct a review of the Conditional Use Permit upon the completion of six months of operation to verify compliance with the conditions of approval and all applicable licensing regulations. 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. 7. Traffic Manaqement Plan: The applicant shall prepare a comprehensive traffic management plan that includes alternate traffic routes for drop off and pick up of children from the facility. Said plan shall be reviewed and approved by the Community Development Director prior to the establishment of the use. 8. Maximum Number of Children: The maximum number of children allowed shall either be 30 children or the limit set forth by California Department of Social Services, whichever is lower. 9. Business Operational Hours: The hours of operation shall be restricted to Monday through Friday from 6:00 a.m. to 7:00 p.m. 10. Outdoor Activities: All outdoor activities shall be restricted to the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. 11. Business Related Activities: Business related activity shall be restricted to 6:00 a.m. to 10:00 p.m., Monday through Friday. Business related activity includes set-up and clean-up activities. No employees shall be allowed on site prior to 6:00 a.m. and after 10:00 p.m., except for emergencies. 12. 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. and 10:00 p.m. 13. Fencinq: All play areas shall be enclosed with a minimum six foot high fence that shall comply with all of the requirements set for in Section 21.18.060 of the City of Campbell Zoning Code and be to the review and approval of the Community Development Director. Note: No structures, including fences or walls, shall be located in the public right of way. 14. Indoor Plav Areas: All indoor play areas shall be in compliance with the State requirement of at least 35 square feet of unencumbered indoor space per child. 15. Outdoor Plav Areas: All outdoor play areas shall be in compliance with the State requirement of at least 75 square feet of unencumbered outdoor space per child and shall be enclosed by a six-foot high fence or wall. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 5 16. 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. 17. Trash Enclosure: The applicant shall obtain a building permit and construct a trash enclosure for the storage of all refuse containers. The trash enclosure shall comply with the requirements set forth in Section 21.18.110 of the Campbell Zoning Code. 18. Siqnaqe: 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. 19. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. 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. 20. Parkinq, Driveways, and Maintenance: All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code, including re-striping the parking lot to match the approved plans. The project site shall maintain 28 parking spaces at all times. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. Parking shall be restricted for on-site uses only. The parking of commercial vehicles is strictly prohibited. 21. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the installation of at least three new trees (species to be determined) and at least three new bushes along the east property line and install new ground cover (lawn) in the unpaved children's play areas. The new required trees shall be installed prior to the final inspection completed by the Planning Department 22. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the required and existing on-site landscaping. 23. Outdoor Storaqe: No outdoor storage or overnight parking associated with the childcare use 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. The applicant shall remove all inoperable vehicles, miscellaneous auto City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 6 parts and debris from the property prior to the final inspection completed by the Planning Department. 24. Accessory Structures: All accessory structures (sheds) that are not in compliance with the Zoning Code shall be brought into compliance or lawfully removed from the project site prior to the issuance of a Building Permit. 25. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from mechanical equipment generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Public Address Svstem: An outdoor public address system is not permitted. c. Noise Manaqement: 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. 26. On-Site Liqhtinq: 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. 27. 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 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. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 7 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. Building Division: 28. Permits Required: A building permit application shall be required for the proposed new child care use in the existing assembly use structure. The building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 29. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 30. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 31. 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. 32. 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. 33. Title 24 Enerqy 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. 34. 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. 35. 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. City Council Resolution Granting an Appeal and Overturning Planning Commission's Action PLN2008-17 - 250 Virginia Avenue - Use Permit - Day Care Facility Page 8 36. 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. 37. 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. 38. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department 39. 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. SANTA CLARA COUNTY FIRE DEPARTMENT 40. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. PASSED AND ADOPTED this roll call vote: 1st day of July , 2008, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Kennedy, Hernandez, Burr Low None None APPRO~" ~ ~,~ Donald R. Burr, Mayor \\ \ \ , ATTEST .~ r An~e V ~ (jr lA_~ ') -----