PC Res 2774RESOLUTION NO. 2774
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
CONDITIONAL USE PERMIT ALLOWING A LARGE DAY
CARE FACILITY FOR 12 CHILDREN, ON PROPERTY
LOCATED AT 650 ARAM AVENUE, IN AN R-1-6 (SINGLE-
FAMILY RESIDENTIAL) ZONING DISTRICT;
APPLICATION OF MRS. MARY GOMEZ AVALOS, FILE NO.
UP 91-20.
After notification and Public Hearing as specified by law on the application of
Mrs. Mary Gomez Avalos, allowing large day care facility for 12 children, in
an R-1-6 (Single-Family Residential) Zoning District, as per the application
filed in the Planning Department on September 10, 19911 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. 91-20:
The proposed facility is not located within 300 feet of another large day
care operation.
The proposed use provides a traditional family environment that will
safeguard normal residential uses.
The proposed day care operation shall be a secondary to the main
residential use of the property.
While evidence of the noise from the current small day care home was
present, the evidence does not substantiate that the noise would
unreasonably offend the senses or obstruct the free use of neighboring
properties, so as to unreasonably interfere with the comfortable
enjoyment of adjoining properties, taking into consideration the noise
normally created by children in that:
a)
The conditions limit the number of children that may play
outdoors to 6; and
That the home has substantial indoor and outdoor space to help
buffer the noise from the neighboring properties.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
Resolution No. 2774
Adopted October 22, 1991
by the Planning Commission
page 2
The establishment, maintenance, or operation of the use applied for
will not be detrimental to the public 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.
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.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinance of the City of Campbell
and the State of California which pertain to this development and are not
herein specified. And, that this approval is granted subject to the following
conditions of approval:
USE PERMIT
Permitted Use: The approved use consists of a Use Permit to operate a
large day care facility located at 650 Aram Avenue.
Number of children o n the premises: 7-12
Hours of operation: 6 a.m. to 6 p.m., Monday through Friday
Number of employees: 2- residents to property
Number of parking spaces: 5 (2 covered, 3 uncovered)
Location of yard areas: Outdoor play area shall be limited to the rear
yard area. Activity shall be prohibited in the front yard area.
Resolution No. 2774
Adopted October 22, 1991
by the Planning Commission
page 3
Number of Children in Outdoor area: No more than six (6) children
shall be allowed in the rear yard at one time during regular business
hours.
Six month review: A review of the use shall be conducted by the
Planning Commission six (6) months from the date of approval.
Review of the use shall also include determination of whether the
noise and associated activity constitutes a nuisance and/or requires
modification to the fence element for sound attenuation purposes.
PASSED AND ADOPTED this 22nd day of October 1991, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Perrine, Dougherty, Meyer-Kennedy
Wilkinson
Higgins, Fox,
APPROVED:
lane Meyer-Kennedy
Chairperson
ATTEST:
Steve Piasecki
Secretary