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_~
')
-----