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PC Res 3173RESOLUTION NO. 3173 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A REINSTATEMENT (R 98-01) FOR A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 97-08) TO ALLOW A LARGE FAMILY DAY CARE FACILITY (6-12 CHILDREN) ON PROPERTY LOCATED AT 570 CORLISS WAY IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS. PATRICIA KAREN MAC MARTIN. FILE NO. R 98-03 (UP 97-08). After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application R 98-03 (UP 97-08): Standards: The proposed design of the facility, as conditioned, meets the requirements of the Zoning Ordinance regarding parking, drop-off areas, noise, interior and exterior space, traffic and traffic safety. 2. Conditions: The project has been conditioned to meet Sate and County Day Care and State Fire Marshall requirements. 3. Compatibility: The location and design are compatible with the surrounding uses. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental to property and improvements in the neighborhood or to the general welfare of the City. 2. The proposed site is adequate in size and shape to accommodate the proposed 7-12 children in a day care setting 3. The proposed use of the residential site is compatible with the Low Density Residential Zoning and character of the site. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance of the City of Campbell and the State of Califomia. 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: The Planning Commission Resolution No. 3173 R 98-03 (UP 97-08) - 570 Corliss Way - Large Family Day Care Page 2 Approved Project: Approval is granted for a Use Permit allowing a large family day care operation at 570 Corliss Way for up to 12 children. Said approval is subject to the description of the use as indicated on the site plans and application for the Use Permit, except as modified herein in the Conditions of Approval. 2. Compliance with Zoning Ordinance Performance Standards. The applicant shall comply with the provisions of Section 21.61.070. 3. Hours of Operation: The hours of operation shall be 7 a.m. - 6 p.m., Monday through Friday. 4. Permits: The applicant shall obtain any State and County permits require for such use by the Community Care Licensing Division of the State of California and the State Fire Marshall. Parking: A minimum of three on-site parking spaces shall be maintained in addition to the two required for the residential use. One of these will be used by the one employee, and the other two, in front of the garage, will be maintained for drop-off and pick-up of the children. Traffic Safety: The applicant shall advise day care facility patrons of the Conditions of Approval and shall encourage patrons to drive safely and park in the driveway apron when dropping-off or picking-up a child. Failure of clients to observe safe driving practices in the neighborhood could result in the permit being referred back to the Planning Commission for possible revocation of the permit. Traffic Mitigation: The applicant shall minimize the number of vehicular trips to the day care facility by continued use a van for carpooling any students in excess of the six that constitute a permitted use. If carpooling by van becomes impractical, the applicant shall notify the Community Development Department and provide other traffic reducing techniques acceptable to the Community Development Director to achieve the same reduced level of traffic to the site. PASSED AND ADOPTED this 25th day of August, 1998, by the following roll call vote: AYES: Commissioners: Francois, Kennedy NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer- ~~ , D__e, lm~Lox~, Chair