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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. me 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. me 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. Be 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. Be 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. De 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. be 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. Me 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. -2- be 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. Ce 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. me 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. be 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. -3- He 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.