PC Res 2966RESOLUTION NO. 2966
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A DAY CARE FACILITY ON PROPERTY
LOCATED AT 1806-1808 W. CAMPBELL AVENUE IN
A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF KIDS CHOICE. FILE
NO. UP 95-03A.
After notification and Public Hearing as specified by law on the
application Kids Choice to approve a Conditional Use Permit allowing
day care facility on property located at 1806-1808 W. Campbell Avenue,
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 follows with respect to File No. UP 95-03A:
A safe and acceptable means of drop-off and pick-up has been
provided for the proposed day care use. The location of the building
and the on-site improvements will provide reasonable vehicular
and pedestrian circulation because the use is located within an
existing shopping center and utilizes the concept of shared parking.
e
The proposed day care facility has similar parking demands of the
retail and service users located within the existing shopping center.
o
Regardless of decibel level, and taking into consideration the noise
levels generated by children, noise generated form the day care use
will not unreasonable offend the senses or obstruct the free use of
neighboring properties.
The use will not unreasonably interfere with the comfortable
enjoyment of the uses in the shopping center because staff has
determined that the operational characteristics of the proposed use
have been modified and conditioned in such a manner that noise
will be minimized.
The proposed day care facility will provide a needed service to the
community by providing child care.
Planning Commission Resolution No. 2966
1806-1808 W. Campbell Avenue - Kids ChoiCe
Adopted on April 11, 1995
Page 2
The addition of a new day care facility in the City of Campbell will
provide a benefit to the community.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
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.
e
The proposed 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.
o
The proposed site is adequately served by streets of sufficient capacity
(W. Campbell Avenue and Fulton Avenue) to carry the kind and
quantity of traffic such use would generate;
The proposed use is compatible with the uses in the area because the
use will be located within an existing shopping center that provides
on-site parking.
Further, the applicant is notified as part of this application that he/she is
required to meet the following conditions in accordance with the
Ordinances of the City of Campbell and the State of California. The lead
department with which the applicant will work is identified on each
condition. 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 spedfied.
Planning Commission Resolution No. 2966
1806-1808 W. Campbell Avenue - Kids ChoiCe
Adopted on April 11, 1995
Page 3
o
e
e
Approved Project
This approval is for a use permit to allow a day care facility for up to
144 children in an existing shopping center located at 1806-1808 W.
Campbell Avenue. Development shall be substantially as shown on
the materials listed below, except as may be modified by conditions
contained herein.
Site plan submitted for 1806-1808 W. Campbell Avenue, dated
March 14, 1995.
· Children must be supervised at all times when outside;
If at any time the use is not in compliance with conditions herein, or
State, County or local requirements, the Use Permit may be revoked
pursuant to Section 21.72.110 of the Campbell Municipal Code.
Hours of Operation
Hours of operation shall be limited to the hours between 6 a.m. and
9 p.m. daily
Restricted Outdoor Play Area
The use of the outdoor play area shall be limited to the hours of 6:30
a.m. to 6:30 p.m.
Fencing
Proposed fencing and exterior lighting shall be approved by the
Community Development Director prior to installation. Fencing
shall be installed and maintained on the site in conformance with
Section 21.59.90 of the Campbell Municipal Code.
Fire Codes
The day care facility must comply with all applicable regulations
adopted by the State, and the Central Fire District.
Other Permits
The applicant must obtain all necessary permits from the County of
Santa Clara and the State of California.
Planning Commission Resolution No. 2966
1806-1808 W. Campbell Avenue - Kids ChoiCe
Adopted on April 11, 1995
Page 4
PASSED AND ADOPTED this llth day of April, 1995, by the following
roll call vote:
AYES: Commissioners: Alne, Higgins, Kearns,
Lowe, Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Perrine
Lindstrom,
~e Mey~r-ke~edy, ~hair ~'y
Steve P(Ias~ck~, Secretary