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