Loading...
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 .---- ~ .~~=-~ APPROV~al~~~~'M:;or