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PC Res 2547RESOLUTION NO. 2547 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE HOME (7-12 CHILDREN) ON PROPERTY KNOWN AS 256 CALADO AVE. IN AN R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. (APPLICATION OF MRS. LILLIAN JOHANSEN, UP 88-06). After notification and public hearing as specified by law on the application of Mrs. Lillian Johansen for a Use Permit to allow the establishment of a Large Family Day Care Home (7-12 children) on property known as 256 Calado Ave. in an R-1 (Single Family Residential) Zoning District, as per the application filed in the Planning Department on April 20, 1988; 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 indicated in the attached Exhibit. Based on the findings, the Planning Commission does hereby grant the requested Use Permit, subject to the following conditions. That the applicant convert the garage back to a garage use; and, that plans be submitted to the Planning Department within 20 days, reflecting this change and this area should be available for parking within 45 days (or by November 7, 1988). 2. Use Permit does not become effective until September 23, 1988. The applicant is notified as part of this application that he/she is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 13th day of September 1988 by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Olszewski, Walker, Christ Dickson Stanton, Perrine ATTEST: Arthur A. Kee Secretary APPROVED: Ronald W. Christ Chairman EXHIBIT - UP 88-06 Proposed Findincs For Approval of UP ~8-06 The Planning Commission finds as follows: 1. The property at 256 Calado Avenue has operating as a Large Family Day Care Home; been 2. Conditional upon making the existing garage available for parking, the property provides two (2) covered parking spaces and three (3) additional parking spaces are available on the adjoining street. Given the relatively low traffic on the street, the available parking provides a safe and acceptable means of drop-off and pickup, and reasonable vehicular and pedestrian circulation. The parking provides for more than three (3) available parking spaces in addition to those required for residential use, including one (1) for each employee and two (2 for loading and unloading of children; 3. There is no evidence that would indicate that the no se generated by the Day Care operation in unreasonably offensive to the senses or obstructs the free use of neighboring properties so as to interfere with the comfortable enjoyment of such adjoining properties; 4. The Day Care Home complies with the regulations of the State Fire Marshall; 5. No known day care center or other large family day care home is located within three hundred (390) feet of the applicants home; 6. The day care home is designed so that the normal residential surroundings are preserved and the integrity of the residential neighborhood is preserved; and the home is the principal residence of the applicant; 7. The home consists of 1,740 square feet, located on a 6,450 square foot lot, which provides adequate indoor living space and outdoor open space to meet the needs of the children. Based on the foregoing findings, the Commission further finds and concludes: a. 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. b. The propose~ 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. c. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. area. d. The proposed use is compatible with the uses in the