PC Res 4048RESOLUTION N0.4048
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-253) AND A PARKING MODIFICATION PERMIT
(PLN2012-44) TO ALLOW THE ESTABLISHMENT OF A
COMMERCIAL CHILD CARE CENTER WITH A MAXIMUM
ENROLLMENT OF 192 CHILDREN ON PROPERTY LOCATED AT
430 DARRYL DRIVE. FILE NOS.: PLN2011-253/PLN2012-44
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 PLN2011-253/PLN2012-44:
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15060(c)(2) of
the California Environment Quality Act (CEQA), pertaining to activities that will not
result in a direct or reasonably foreseeable indirect physical change to the
environment.
Evidentiary Findings
1. The project site is located east side of Darryl Drive between W. Hamilton Avenue and
Gale Drive.
2. The project site is zoned C-2 (General Commercial) as shown on the Campbell Zoning
Map.
3. The project site is designated General Commercial as shown on the Campbell General
Plan Map.
4. The project site is bordered by commercial uses to the north, west, and east, and
residential uses to the south.
5. The project site was originally developed as a professional office circa 1977.
6. The project site is currently developed with one 15,251 square foot commercial
building.
7. The existing Floor Area Ratio (FAR) for the project site is .30 where the maximum
allowable is .40.
8. The project currently provides setbacks that exceed the minimum required by the
zoning district.
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9. The hours of operation shall be restricted to:
• Business Hours: 7:30 AM to 8:00 PM, Monday -Friday
8:00 AM to 5:00 PM, Saturday and Sunday
• Operational Hours: 6:30 AM to 9:00 PM, Monday -Friday
7:30 AM to 5:30 PM, Saturday and Sunday
10. The existing site plan depicts that approximately 10 percent of the site is landscaped
where a minimum 10 percent is required.
11. No exterior modifications to the building are proposed.
12. The proposed classrooms meet the unencumbered square footage requirements of 35
square feet per child of indoor area allowing for a maximum enrollment of 192 children.
13. The proposed outdoor play area does not meet the unencumbered square footage
requirements of 75 square feet per child to allow all 192 children to be out at play at
one time. Community Care licensing does allow for a smaller play area as long as the
number of children present does not exceed the maximum allowed based on the ratio
of one child for every 75 square feet of unencumbered play area. As the proposed
outdoor play area consists of 9,738 square feet, at no time shall more than 72 children
or the maximum allowed by Community Care Licensing, whichever is less, utilize the
play areas at any one time.
14. The proposed project would include 52 parking spaces, where a minimum of 55
parking spaces are required by the Parking and Loading Ordinance, necessitating the
approval of a Parking Modification.
15. The Planning Commission may allow a reduction in required parking through approval
of a Parking Modification Permit if it finds that the anticipated number of parking
spaces necessary to serve the use or structure is less than that required by the
applicable off-street parking standard, and would be satisfied by the existing or
proposed number of parking spaces.
16. A Traffic Impact Analysis (TIA) was prepared to evaluate the adequacy of parking, on-
site circulation and the impact of the proposed use on the adjacent transit corridors.
17. Based on the operational characteristics of the use and the staggered start times for
each of the classrooms, the traffic consultant concluded that 52 parking spaces would
adequately serve the use and a Parking Modification could be supported.
18. Due to the increase in PM trips generated by the proposed project traveling to the site,
a condition of approval is required to lengthen the left turn lane westbound on Hamilton
Avenue at Darryl Drive to accommodate the additional vehicles.
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Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project 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 use will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
4. The proposed use will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood.
5. The proposed use will not significantly increase the demand on City services.
6. The 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 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. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as supported
by review of the applicant's documentation and/or a parking demand study prepared
by a qualified transportation engineer accepted by the decision-making body.
9. Conditions of approval have been incorporated into the project to ensure the long-term
adequacy of the provided off-street parking.
10. Approval of the parking modification permit will further the purpose of the Zoning Code.
11. 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.
12. 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.
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13. 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.
14. 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 Conditional
Use Permit (PLN2011-253) and a Parking Modification Permit (PLN2012-44) to allow the
establishment of a commercial child care center with a maximum enrollment of 192 children
on property located at 430 Darryl Drive.
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
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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-253)
and a Parking Modification Permit (PLN2012-44) to allow the establishment of a
Commercial Child Care Center with a maximum enrollment of 192 children located at
430 Darryl Drive. The project shall substantially conform to the project plans, two
written business descriptions, and class schedules received by the Planning Division
on February 22, 2012, October 3, 2011, November 17, 2011, and February 22, 2012,
respectively, except as may be modified by the Conditions of Approval contained
herein.
2. Permit Expiration: The Conditional Use Permit (PLN2011-253) and Parking
Modification Permit (PLN2012-44) approval shall be valid for one (1) year from the
date of final approval. Within this one-year period a building permit must be obtained.
Failure to meet this deadline will result in the approval being rendered void.
3. Planning Final Required: Planning Division clearance is required 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.
4. Operational Standards: The operation of the commercial day care center shall be
subject to the following operational standards. Non-compliance with these standards,
or any other conditions of approval specified herein or any standards, codes, or
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ordinances of the City of Campbell or State of California shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
a. Commercial Daycare Center; Operation of the commercial daycare center shall
be in full compliance with Campbell Municipal Code Sec. 21.36.080 and the
California Code of Regulations. The school shall maintain in good standing the
appropriate license(s) from the California Department of Social Services.
b. Number of Children: The maximum number of children allowed shall either be
192 children or the limit set forth by California Department of Social Services
Community Care Licensing, whichever is lower.
c. Operational Hours: Business Hours shall be restricted to 7:30 AM to 8:00 PM,
Monday through Friday and 8:00 AM to 5:00 PM on Saturday and Sunday. By the
end of Business Hours all participants, barring an emergency, shall have exited
the premises. The Hours of Operation shall be restricted to 6:30 AM to 9:00 PM,
Monday through Friday and 7:30 AM to 5:30 PM Saturday and Sunday. By the
end of the Hours of Operation all employees shall be off the premises.
d. Indoor Play 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.
e. Outdoor Play Areas: The maximum number of children allowed in the outdoor
play area at any one time is 72 children or the maximum set by Community Care
licensing, whichever is lower. All outdoor play areas shall be in compliance with
the State requirement of at least 75 square feet of unencumbered outdoor space
per child on site and shall be enclosed by a six-foot high fence or wall.
f. Outdoor Activities: All outdoor activities shall be restricted to the hours of 8:00
a.m. and 6:00 p.m. Monday through Friday, and between 9:00 AM and 5:00 PM
on Saturday and Sunday.
g. Playground Equipment Certification: All playground equipment shall be
maintained in compliance with California Department of Health Services
regulations regarding playground equipment.
h. Meetings with neighbors: As necessary, the operator shall conduct meetings
with surrounding neighbors should issues arise. Meetings should take place
within 14 days of request. Additionally, at the end of the first six months'
operation, the operator shall contact the surrounding neighbors to ensure that any
issues have been addressed.
i. Parking Management Plan: Applicant shall prepare a Parking Management
Plan for site circulation and parking control. The Plan shall include a parking
notification form to be signed by the parents of all participating students outlining
the areas where parking may occur; an assigned 15-minute window for the drop
off and pick up of their student(s); designation of employee parking areas; short
term (15 minutes or less) parking spaces; and, the minimum required long-term
parking to accommodate parent participation. Part of the Plan will include
parent/employee monitoring of the parking area during drop off and pick periods
to ensure compliance.
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j. Staggered Starting/Ending Times: The starting and ending times for the day
care classrooms shall be consistent with the provided class schedule and at 15
minute intervals, except that up to two class may start and end at the same
interval. In the event that verified complaints are received by the City regarding
overflow queuing onto Darryl Drive impeding traffic flow, the Community
Development Director may immediately increase the staggered class start and
end times by a minimum of five minutes to eliminate queuing onto the public
street.
k. Parking: The parking lot shall be maintained in compliance with the standards in
Campbell Municipal Code. A total of 52 vehicle parking spaces shall be
maintained. 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. 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.
I. Employee Parking: Provide restrictive signage and pavement markings showing
employee parking only within the parking area south of the proposed play area
and in front of the main entrance to minimize vehicle conflicts at the driveway
approach.
m. Noise:
1. Noise Level: Regardless of decibel level, and taking into consideration the
noise levels generated by children, no noise generated from the commercial
day care use shall unreasonably offend the senses or obstruct the free use of
neighboring properties so as to unreasonable interfere with the comfortable
enjoyment of the adjoining properties.
2. Public Address Svstem: An outdoor public address system is not permitted.
3. Noise Management: In the event verified complaints are received by the City
regarding excessive noise, the Community Development Director may
immediately modify the hours of operation, subject to the project being brought
back to the Planning Commission for review.
n. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with
school drop-off and pick-up periods.
o. Property Maintenance: The school shall maintain all exterior areas of the
business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
p. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
q. 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 and trash collection
shall be done between 7:00 AM and 7:00 PM Monday through Friday and 8:00
AM to 5:00 PM Saturday and Sunday.
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r. Fencing: 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. Note: No structures, including fences or walls, shall be
located in the public right of way.
s. Trash Enclosure: The applicant maintain the existing trash enclosure on site.
t. Landscape Maintenance: The owner/operator of the property shall provide on-
going maintenance of the existing and proposed on-site landscaping. In
accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted
pursuant to this approval shall be considered "protected" and subject to the
established removal requirements and restrictions.
5. Signage: 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.
6. Location of Mechanical Eguipment: 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.
7. 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.
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.
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Building Division:
8. Permits Required: A building permit application shall be required for the proposed new
tenant use of the existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
9. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in. Applicant shall also submit (1) reduced size 11"x 17" copy
of plans and submit any necessary revision sheets for this copy as required.
11. 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.
12. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
13. Title 24 Energy Compliance: California Title 24 Energy 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.
14. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
15. Non.-point Pollution Control Program: 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.
16. Title 24 Accessibility -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.
17. Title 24 Accessibility -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.
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18. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
19. 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.
PUBLIC WORKS DEPARTMENT
20. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
21. Utilities: Any new utilities brought to the site shall be installed underground per Section
21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall comply with all plan submittals, permitting, and fee
requirements of the serving utility companies.
22. Water Meter(s~ and Sewer CleanoutL): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
23. Utility Coordination Plan: Should new utilities be required to the site, prior to issuance
of building permits for the site, the applicant shall submit a utility coordination plan and
schedule for approval by the City Engineer for installation and/or abandonment of such
utilities. The plan shall clearly show the location and size of all existing utilities and the
associated main lines; indicate which utilities and services are to remain; which utilities
and services are to be abandoned, and where new utilities and services will be
installed. Joint trenches for new utilities shall be used whenever possible.
24. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Darryl Drive has not been reconstructed or overlaid in the last 5 years.
The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the
project.
25. Street Improvements: Prior to issuance of any grading or building permits for the site,
the applicant shall execute a street improvement agreement, cause plans for public
street improvements to be prepared by a registered civil engineer, pay various fees
and deposits, post security and provide insurance necessary to obtain an
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encroachment permit for construction of the standard public street improvements, as
required by the City Engineer. The plans shall include the following, unless otherwise
approved by the City Engineer:
Darryl Drive:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. Removal of two existing driveway approaches and necessary sidewalk, curb and
gutter.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Construction of conforms to existing public and private improvements, as
necessary.
W. Hamilton Avenue:
a. The westbound W. Hamilton Avenue to southbound Darryl Drive left turn lane is
required to be extended to accommodate the additional trips generated from this
use permit. Remove all existing median landscaping including approximately 12
median island trees and north median curb and replace with new median curb
and extended left turn lane.
b. Installation of new engineered structural pavement section for extended left turn
lane.
c. Relocation of existing utility and irrigation boxes/facilities located within the
median as necessary.
d. Installation of traffic control, stripes and signs.
e. Construction of conforms to existing public and private improvements, as
necessary.
26. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaping and trees in the public right of way. This includes, but is not limited to:
trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would
not allow the tree to grow to a mature height.
27. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.). Applicant
shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas,
water, electric and all other utility work.
28. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
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City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
29. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES Permit.
Measures may include, but are not limited to, minimization of impervious surface area,
vegetated swales, infiltration areas, and treatment devices. The primary objectives are
to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP Handbook")
by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:
A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Stormwater
Quality: A Companion Document to Start at the Source ("Using Site Design
Techniques") by BASMAA, 2003.
30. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the design engineer shall submit
as-built drawings to the City.
COUNTY FIRE DEPARTMENT
31. Development Review: Review of this development proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall
not be construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work, the applicant shall make
application to, and receive from, the Building Department all applicable construction
permits.
32. Interior Remodel: Any interior remodel may require modification of the existing fire
sprinkler system. Also, the existing trash enclosure may require fire sprinklers, if
modified. A State of California licensed (C-16) Fire Protection Contractor shall submit
plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. The system must
meet the minimum requirements as noted in the 2010 Cal. Fire Code, as adopted and
amended by the Campbell Municipal Code.
33. Inspection: An inspection will be conducted by the Fire District, upon written request
from the licensing authority for such facilities, prior to occupancy by the applicant.
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34. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
CFC Sec. 505.
PASSED AND ADOPTED this 28th day of February, 2012, by the following roll call vote:
AYES: Commissioners: Ebner, Gibbons, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alster and Brennan
ABSTAIN: Commissioners: None
APPROVED: Philip C. Reynolds, Jr., Acting Chair
ATTEST: Kirk Heinrichs, Secretary