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PC Res 2408RESOLUTION N0. 2408 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL. APPROVING A USE PERMIT ALLOWING THE ESTABLISHMENT OF A DAYCARE. CENTER ON PROPERTY KNOWN AS 1291 ELAM AVE. IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. (APPLICATION OF MRS. JOAN LOHER, UP 86-09.) After notification and public hearing by law on the application of Mrs. Joan Loher for a Use Permit to allow the establishment of a daycare center on property known as 1291 Elam Ave. in a C-1-S (Neighborhood Commercial) Zoning District, as per the application filed in the Planning Department on June 4, 1986; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Commission did find as follows: 1. The proposed use will provide day care and/or pre-school facilities for the community. 2. The proposed use will not be harmful or detrimental to the surrounding properties or to the neighborhood. 3. The presented site plan indicates a sufficient number of on-site parking spaces for the intended number of employees. 4. The project design has been considered acceptable by theCity's --- Architectural Advisor and will be an improvement to this neighborhood. 5. That the establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such use, or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Based on the above findings, the Planning. Commission does hereby grant the requested Use Permit, subject to the following conditions: 1. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. RESOLUTION NO. 2408 UP 86-09 - 1291 ELAM AVE. PAGE 2. 2. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 3. Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 4. Applicant to either (1) post a faithful performance bond in the amount of $3000 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 5. Building occupancy will not be allowed until public improvements are installed. 6. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 7. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. -- 8. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. 9. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.68.030 of the Campbell Municipal Code). 10. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. _ 11. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 12. Applicant shall comply with all appropriate State and City requirements for the handicapped. RESOLUTION NO. 2408 UP 86-09 - 1291 ELAM AVE. PAGE 3. BUILDING DEPARTMENT 13. An on-site inspection will be required before Building Permit will be issued. 14. Applicant to satisfy all requirements of the Building Department. ~ PUBLIC WORKS DEPARTMENT 15. Obtain an excavation permit, pay fees and post surety to install sidewalk and driveway approach. 16. Pay storm drain area fee. 17. Dedicate additional right-of-way to widen Elam Avenue to 30 feet from centerline. 18. Planning Commission to review traffic impact of development after 12 months of operation to determine maximum number of acceptable enrollment. FIRE DEPARTMENT 19. .Provide fire alarm system for the day care center. 20. Provide additional exit from the toddler area to the exterior of the building. 21. Provide 2A:lOBC fire extinguisher in the facility; provide 40 BC extinguisher in the kitchen. 22. Obtain Fire Department permit for day care occupancy. 23. Obtain Fire Department cleanrance through State licensing process. The applicant is notified as part of this application that 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 9th day of September 1986 by the following roll call vote: AYES: Commissioners: Olszewski, Christ, Perrine, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Stanton. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary