PC Res 2936RESOLUTION NO. 2936
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE ESTABLISHME. NT OF A LARGE FAMILY
DAY CARE AT AN EXISTING RESIDENCE LOCATED AT 282
SUPERIOR DRIVE IN A R-D (RESIDENTIAL/DUPLEX) ZONING
DISTRICT. APPLICATION OF MS. FATIMEH HAJI ALI AKBARI.
FILE NO. UP 94-16.
After notification and Public Hearing as specified by law on the application of
the Ms. Fatimeh Haji Ali Akbarai, to approve a Conditional Use Permit
allowing the establishment of a large family day care at an existing residence
located at 282 Superior Drive, and after presentation by the Planning 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 File No. UP 94-16:
A safe and acceptable means of drop-off and pick-up has been provided.
The location of the home and the on-site improvements shall provide
reasonable vehicular and pedestrian circulation.
The home provides at least three parking spaces in addition to those
required for a residential use, including two spaces for
loading/unloading of children and one space for each employee, parking
as set forth in Section 21.50.050 of this ritle. These three spaces are safely
accessible to the entrance of the facility so they are not required to be on-
site.
Regardless of decibel level, and taking into consideration the noise levels
generated by children, no noise generated from the day care use should
unreasonably offend the senses or obstruct the free use of neighboring
properties so as to unreasonably interfere with the comfortable
enjoyment of such adjoining properties.
The proposed day care home complies with all applicable regulation
adopted by the State Fire Marshall.
The home is not located within three hundred feet of another existing
day care center or large family day care home.
The development is designed so that normal residential surroundings
and the integrity of the residential neighborhood is preserved.
Resolution No. 2936
UP 94-16 -282 Superior Drive (Large Family Day Care)
Adopted on September 13, 1994
Page 2
The facility is the principle residence of the provider and the use is
dearly incidental and secondary to the use of the property for residential
purposes.
No structural changes are proposed which will alter the character of the
existing residence.
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The home provides adequate indoor living space and outdoor open
space to meet the needs of the children.
Therefore, the Planning Commission, hereby, also finds in conclusion that:
The establishment, maintenance, or operation of the use applied for will
not be detrimental to the 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.
The proposed site is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping and other
development features required in order to integrate said use with uses in
the surrounding area.
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The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate;
4. The proposed use is compatible with the uses in the area.
Further, the applicant is 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. The lead department with
which the applicant will work is identified on each condition. 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.
Resolution No. 2936
UP 94-16 -282 Superior Drive (Large Family Day Care)
Adopted on September 13, 1994
Page 3
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Approved Project
This approval is for a use permit to allow a large family day care facility
for up to 12 children at an existing residence located at 282 Superior
Drive. Development shall be substantially as shown on the materials
listed below, except as may be modified by conditions contained herein.
· Site plan submitted for 282 Superior Drive, dated August 4, 1994.
If at any time the use is not in compliance with conditions herein, or
State, County, or local requirements, the use permit may be revoked
pursuant to Section 21.72. 110 of the Campbell Municipal Code.
Hours of Operation
Hours of operation shall be limited from 6:00 a.m. to 7:00 p.m.
Parking
A minimum of three parking spaces shall be designated at the curb
adjacent to the proposed use. Two of the required spaces shall be
reserved at all times on Superior Drive for the loading and unloading of
children. The driveway of the residence at 282 Superior Drive must be
left vacant during business hours for use by parents dropping off or
picking up their children from the day care facility.
Fencing
Adequate fencing that is compatible with the residential use shall be
maintained on the site in conformance with Section 21.59.90 of the
Campbell Munidpal Code. A fence not to exceed three and one-half feet
in height shall be built along the front property line for play area. A
fencing plan indicating the size, height, and materials of all proposed
fencing shall submitted to the Planning Division and approved by the
Community Development Director.
Fire Codes
The day care facility must comply with all applicable regulations adopted
by the State, and the Central Fire District.
Other Permits
The applicant must obtain all necessary permits from the County of
Santa Clara and the State of California.
Resolution No. 2936
UP 94-16 -282 Superior Drive (Large Family Day Care)
Adopted on September 13, 1994
Page 4
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Loading Zone/Painted Curb
Applicant must apply for (and receive approval from the City's Public
Works Department) a painted curb in front of the residence at 282
Superior Drive to allow for the safe drop off and pick up of children in
front of the residence.
PASSED AND ADOPTED this 13th day of September, 1994, by the following
roll call vote:
AYES: Commissioners: Alne, Higgins, Lowe, Meyer-Kennedy,
Perrine
NOES: Commissioners: Lindstrom, Kearns
ABSENT: Commissioners: None
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