PC Res 2525RESOLUTION NO. 2525
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL
CODE, ADDING CHAPTER 21.61.070 (LARGE FAMILY
DAY CARE HOMES) AND AMENDING SECTION 21.50.050
(PARKING AND LOADING) OF THE CAMPBELL MUNICIPAL
CODE. TA 87-04
After notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after
presentation by the Planning Director, proponents and opponents, the
hearing was closed.
After due consideration of all evidence presented, and based upon the
following findings, the Commission did determine that there was a
significant need to add Section 21.61.070 (Large Family Day Care Homes) to
the Campbell Municipal Code to establish standards and procedures for
review of Large Family Day Care Homes which provide family day care
facilities for 7-12 children, including children who reside in the home,
in residential zoning districts; and, to amend Section 21.50.050 (Parking
and Loading) of the Campbell Municipal Code to address this day care home
use.
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The proposed text amendment provides development standards and a
review procedure for large family day care homes consistent with
Article 2 of the Health and Safety Code of the State of California.
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The recommended procedure provides notification to surrounding
property owners within 300 feet and addresses issues of on-site
parking and loading, noise, and over-concentration.
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This amendment provdes an administrative procedure whereby a day care
provider may be granted a permit if development standards are
satisfied and no request for a public hearing is received.
The Planning Commission does hereby recommend that the City Council adopt
the attached Ordinance enacting the necessary legislation to make the
proposed text amendment effective.
PASSED AND ADOPTED this 12th day of April 1988 by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Kasolas, Stanton, Dickson, Christ
Perrine, Olszewski, Walker
None
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING THE CAMPBELL MUNICIPAL
CODE, ADDING CHAPTER 21.61.070 (LARGE FAMILY
DAY CARE HOMES) AND AMENDING SECTION 21.50.050
(PARKING AND LOADING) OF THE CAMPBELL MUNICIPAL
CODE. TA 87-04
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter 21.61.070 (Large Family Day Care Homes (7-12)
children) establishing standards and procedures for review of Large Family
Day Care Homes which provide family day care facilities for 7-12 children,
including children who reside at the home, in residential zoning districts
is hereby added to the Campbell Municipal Code; and, amending Chapter
21.50.050 (Parking & Loading) to address on-site parking, as set forth in
the attached Exhibit.
SECTION TWO: This Ordinance shall become effective thirty days following
its passage and adoption and shall be published once within fifteen days
upon passage and adoption in the San Jose Mercury News, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this day of , 19 , by the
following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmambers:
APPROVED:
William R. Podgorsek, Mayor
ATTEST:
Barbara Olsasky, City Clerk
EXh~SIT E
CHAPTER 21.61 OF THE CAMPBELL MUNICIPAL CODE IS HEREBY AMENDED BY ADDING
SECTION 21.61.070 - LARGE FAMILY DAY CARE HOMES.
Section 21.61.070 - Large Family Day Care Homes.
Purpose. This section is designed to provide for, and to
regulate the establishment of Large Family Day Care homes in
residential zoning districts. The purpose of permitting large
family day care homes is to allow the establishment of child care
facilities in normal residential surroundings to meet the child
care needs of individuals and families, while preserving the
integrity of the residential neighborhood.
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Definition. "Large Family Day Care Home" means a home which
provides family day care for 7 to 12 children, inclusive,
including children who reside at the home, as defined by State
regulation.
Location. A Large Family Day Care home shall be allowed in any
residential zoning district, subject to the provision of this
section.
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Development Standards. Except as specifically permitted in this
Section, the premise on which the Large Family Day Care Home is
located shall comply with all regulations and restrictions
applicable to the zoning district in which it is located.
ParkinK and LoadinK.
a. A safe and acceptable means of drop-off and pick-up
must be provided. The location of the home and the
on-site improvement shall provide reasonable vehicular
and pedestrian circulation.
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A Large Family Day Care home shall require a minimum
provision of three (3) parking spaces in addition to
those required for a residential use, including two (2)
spaces for loading/unloading of children and one (1)
space for each employee, parking as set forth in
Section 21.50.050 of this Title. These 3 spaces shall
be so situated that they have access to a public
right-of-way without passing over another parking
space.
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Noise.
a. No noise generated from the day care use shall exceed
55 decibel at the property line pursuant to the noise
standards setforth in the Noise Element of the General
Plan.
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Regardless of decibel level, and taking into
consideration the noise levels generated by children,
no noise generated from the day care use shall
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.
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Mitigation measures may be required to minimize noise
impacts. These measures may include, but are not
limited to, approved location of outside play areas,
limiting the hours of operation, and the provision of
sound attenuation barriers.
State Fire Marshall. The proposed day care home must comply
with all applicable regulations adopted by the State Fire
Marshall.
Overconcentration. No Large Family Day Care home shall be
located within 300 feet of another existing day care center
(12 or more children) or large family day care home (7-12
children) unless an exception is granted by the Planning
Commission. The Planning Commission, in granting such an
exception, must find that the proposed concentration 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.
Traditional Family Environment. The development shall be
designed so that normal residential surroundings are
preserved and the integrity of the residential neighborhood
is preserved.
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The facility is the principle residence of the provider
and the use is clearly incidental and secondary to the
use of the property for residential purposes.
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No structural changes are proposed which will alter the
character of the single-family residence.
Square Footage.
The Planning Commission may consider the availability of
recreation/open space and indoor/outdoor living space.
Permit Process. All persons seeking to operate a Large Family
Day Care home shall apply for a use permit in accordance with
Chapter 21.72 of this code, except as otherwise provided in this
section.
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Based upon the standards set forth in Paragraph (D) of this
Section, the Planning Commission shall review and decide the
application. If the proposed day care home fails to comply
with the criteria set forth in Paragraph (D) of this
Section, then the Planning Co~mission shall find that the
proposed day care home does not satisfy the factors set
forth in Section 21.72.050 and deny the application.
Appeals. Notwithstanding any provisions to the contrary, the
decision of the Planning Director or Planning Commission may be
appealed pursuant to Chapter 21.80 of this code. In all such
appeals, the standards set forth in subsection D shall govern.
Severability. If, for any reason, any provision of this Section
is found to be unconstitutional or otherwise unenforceable, the
remaining provisions shall remain in full force and effect.
Mandatory Requirements. It shall be a mandatory requirement for
owner and/or operator of a Large Family Day Care home to full
comply with the requirements of this Section, and to maintain the
home in conformance with the standards set forth in Subsection
D. Failure to comply with this Section shall be punishable in
accordance with Section 21.88.040.
SECTION 21.50.050 IS AMENDED BY ADDING THE FOLLOWING USE aND PARKING
REQUIREMENT.
Use
Large Family Day Care Home
ParkinK Spaces
In addition to the spaces required for
the residential use, a minimum of 3
additional spaces shall be required,
including 2 loading parking spaces and
1 space/employee.