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PC Res 2940RESOLUTION NO. 2940 BEING. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE (7-12 CHILDREN) AT A RESIDENCE LOCATED AT 935 STEINWAY AVENUE IN AN R-1 (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS. LORI LEAKE AND MR. ROBERT HOFFOWER. FILE NO. UP 94-17. After notification and Public Hearing as specified by law on the application of the Ms. Lori Leake and Mr. Robert Hoffower to approve a Conditional Use Permit allowing the establishment of a large family day care (7-12 children), 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 94-17: A safe and acceptable means of drop-off and pick-up has been provided. The location of the home and the on-site improvements will provide reasonable vehicular and pedestrian circulation. o 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 title. These three spaces are so situated that they have access to a public right-of-way without passing over another parking space. 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 because staff has determined that the operational characteristics of the proposed use have been modified and conditioned in such a manner that noise will be minimized. 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. Resolution No. 2940 UP 94-17 -935 Steinway Avenue (Large Family Day Care) Adopted on November 8, 1994 Page2 e The development is designed so that normal residential surroundings are preserved and the integrity of the residential neighborhood is preserved. e The facility is the principle residence of the provider and the use is dearly incidental and secondary to the primary use of the property for residential purposes. ge No structural changes are proposed which will alter the character of the existing residence. e The home provides adequate indoor living space and outdoor open space to meet the needs of the children. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes 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. o 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. 2940 UP 94-17 -935 Steinway Avenue (Large Family Day Care) Adopted on November 8, 1994 Page3 Approved Pro!ect 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 935 Steinway Avenue. Development shall be substantially as shown on the materials listed below, except as may be modified by conditions contained herein. Site plan submitted for 935 Steinway Avenue, dated September 7, 1994. The play area will be located in the rear yard, and children will not be allowed outside until after 9:00 a.m.; · Children must be supervised at all tim'es when outside; A maximum of 12 children will be allowed by the use. All of the children will be under the age of six years old; Children between the ages of two and six will only be outside for one hour in the morning (after 9:00 a.m.), and one hour in the afternoon; and, Only six children will be allowed to play outside in the rear yard at a given time. 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 Munidpal Code. Hours of Operation Hours of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. Parking A minimum of three parking spaces shall be maintained for the day care, for drop-off and pick-up of children, and for one employee. Parking must be provided prior to any use allowed by this permit. Other than the paving that will be required to provide one additional parking space, all front yard landscaping shall be maintained so as not to alter the residential character of the dwelling. Resolution No. 2940 UP 94-17 --935 Steinway Avenue (Large Family Day Care) Adopted on November 8, 1994 Page 4 Fencing Adequate fencing that is compatible with the residential use shall be installed and maintained on the site in conformance with Section 21.59.90 of the Campbell Municipal Code. Fire Codes The day care fadlity 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. PASSED AND ADOPTED this llth day of November 8, 1994, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine NOES: Commissioners: None ABSENT: Commissioners: None APPROVED: Steve Piasecki, Secretary