CC Resolution 8765
RESOLUTION NO. 8765
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL UPHOLDING THE PLANNING COMMISSION
DECISION TO APPROVE A CONDITIONAL USE PERMIT
ALLOWING A LARGE FAMILY DAY CARE FACILITY FOR 7
TO 12 CHILDREN, ON PROPERTY LOCATED AT 935
STEINWAY AVENUE, IN AN R-1-10 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT; APPLICA nON OF LORI
LEAKE AND ROBERT HOFFOWER, FILE NO. UP 94-17.
After notification and public hearing as specified by law on the application of
Lori Leake and Robert Hoffower, allowing large family day care for 7 to 12
children in an R-1-10 (single family residential) Zoning District, as per the
application filed in the Planning Division on September 8, 1994; and, after
presentation by the Community Development Director, proponents, and
opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as
follows with respect to File No. UP 94-17:
1. A safe and acceptable means of drop-off and pick-up has been provided
for this use. The location of the home and the on-site improvements
will provide reasonable vehicular and pedestrian circulation because the
facilities for parking and circulation are located on the project site so that
no individuals will be required to utilize the public right-of-way to access
the use.
2. The home provides at least three parking spaces in addition to those
required for the residential use, including two spaces for the loading and
unloading of children and one space for each employee, as set forth in
Section 21.50.050 of this title. These three spaces are so situated that they
have access to a public right-of-way without passing over another
parking space.
3. Regardless of decibel level, and taking into consideration the noise levels
generated by children, noise generated from the day care use will not
unreasonably offend the senses or obstruct the free use of neighboring
properties. The use will not unreasonably interfere with the comfortable
enjoyment of such adjoining properties 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.
4. The proposed day care home complies with all applicable regulation
adopted by the State Fire Marshall.
City Council Resolution No.
Re: 935 Steinway Avenue -- UP 94-17
Page 2
5. The home is not located within 300 feet of another existing day care
center or large family day care home.
6. The development is designed so that normal residential surroundings
are preserved and the integrity of the residential neighborhood is
preserved.
7. The facility is the principle residence of the day care provider and the use
is clearly incidental and secondary to the primary use of the property for
residential purposes.
8. No structural changes are proposed which will alter the character of the
existing residence.
9. The home provides adequate indoor living space and outdoor open
space to meet the needs of the children as determined by the State
Department of Social Services.
Therefore, the CITY COUNCIL, hereby, also finds in conclusion that:
1. 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.
2. 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.
3. The proposed site is adequately served by streets of sufficient capacity
(Steinway A venue) to carry the kind and quantity of traffic the day care
use would generate;
4. The proposed use is compatible with the uses in the area because the
home will not be altered nor will the use alter the residential character of
Stein way A venue.
Further, the applicants are notified as part of this application that they are
required to comply with all applicable Codes and Ordinances of the City of
Campbell and the State of California which pertain to this application and are
City Council Resolution No.
Re: 935 Steinway Avenue -- UP 94-17
Page 3
not herein specified. And, that this approval is granted subject to the
following Conditions of Approval:
1. Approved Project
This approval is for a use permit to allow a large family day care facility
for up to 12 children at an existing residence located at 935 Steinway
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 935 Steinway A venue, dated September 7,
1994.
· The play area will be located in the rear yard, and children will not
be allowed outside until after 9:00 a.m.;
· Children must be supervised at all times when outside;
· A maximum of 12 children will be allowed by the use. All of the
children will be under the age of seven years old;
· Children between the ages of two and seven will only be outside for
one hour in the morning (after 9:00 a.m.), and one hour in the
afternoon; and,
· Only six children will be allowed to play outside in the rear yard at a
given time.
H 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.
2. Hours of Operation
Hours of operation shall be limited to the hours between 7:00 a.m. and
6:00 p.m., Monday through Friday.
3. Parking
A minimum of three parking spaces shall be maintained for the day care,
for drop-off and pick-up of children, and for one employee. Parking
must be provided prior to any use allowed by this permit. Other than
the paving that will be required to provide one additional parking space,
all front yard landscaping shall be maintained so as not to alter the
residential character of the dwelling.
. .
City Council Resolution No.
Re: 935 Steinway Avenue -- UP 94-17
Page 4
4. Fencing
Adequate fencing that is compatible with the residential use shall be
installed and maintained on the site in conformance with Section
21.59.90 of the Campbell Municipal Code.
5. Fire Codes
The day care facility must comply with all applicable regulations adopted
by the State, and the Central Fire District.
6. Other Permits
The applicant must obtain all necessary permits from the County of
Santa Clara and the State of California.
PASSED AND ADOPTED this 3rd day of January 1995, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Watson, Dougherty, Conant, Wilkinson, Burr
Councilmembers: None
Councilmembers: None
Councilmembers: None
.~' '7
ATTEST: (/;:~?(L';)-J,cC-/
Anne Bybee, city Clerk
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APPROV~al~~~~'M:;or