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CC Resoluiton 8215 .\ RESOLUTION NO. 8215 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE A CONDmONAL USE PERMIT ALLOWING A LARGE DAY CARE FACIUTY FOR 12 CHILDREN, ON PROPERTY LOCATED AT 650 ARAM AVENUE, IN AN R-l-6 (SINGLE-FAMILY RESIDENTIAL) WNING DISTRICT; APPUCATION OF MRS. MARY GOMEZ AVALOS, FILE NO. UP 91-20. After notification and Public Hearing as specified by law on the application of Mrs. Mary Gomez Avalos, allowing large day care facility for 12 children, in an R-l-6 (Single-Family Residential) Zoning District, as per the application filed in the Planning Department on September 10, 1991L and, after presentation by the Planning 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. 91-20: 1. The proposed facility is not located within 300 feet of another large day care operation. 2. The proposed use provides a traditional family environment that will safeguard normal residential uses. 3. The proposed day care operation shall be a secondary to the main residential use of the property. 4. While evidence of the noise from the current small day care home was present, the evidence does not substantiate that the noise would unreasonably offend the senses or obstruct the free use of neighboring properties, so as to unreasonably interfere with the comfortable enjoyment of adjoining properties, taking into consideration the noise normally created by children in that: a) The conditions limit the number of children that may play outdoors to 6; and b) That the home has substantial indoor and outdoor space to help buffer the noise from the neighboring properties. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The establishment, maintenance, or operation of the use applied for will not be detrimental to the public 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 to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinance of the City of Campbell and the State of California which pertain to this development and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval: USE PERMIT 1. Permitted Use: The approved use consists of a Use Permit to operate a large day care facility located at 650 Aram Avenue. a. Number of children 0 n the premises: 7-12 b. Hours of operation: 6 a.m. to 6 p.m., Monday through Friday c. Number of employees: 2- residents to property d. Number of parking spaces: 5 (2 covered, 3 uncovered) 2. Location of yard areas: Outdoor play area shall be limited to the rear yard area. Activity shall be prohibited in the front yard area. 4. Number of Children in Outdoor area: No more than six (6) children shall be allowed in the rear yard at one time during regular business hours. 5. Six month review: A review of the use shall be conducted by the Planning Commission six (6) months from the date of approval. Review of the use shall also include determination of whether the noise and associated activity constitutes a nuisance and/or requires modification to the fence element for sound attenuation purposes. PASSED AND ADOPTED this 7th day of January 1992, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Kotowski, Conant, Ashworth, Watson, Burr None None None JJz~. a;:;;;!;~:,;~~~~S ATTEST: Ij/( _/~W- .. ~ Barbara Olsasky, City Clerk V . CONDmONS OF APPROVAL FOR FILE NO. UP 91-20 APPLICATION OF MARY AVALOS ADDRESS: 650 ARAM AVENUE Approved by the Planning Commission on October 22, 1992 PAGEl The applicant is hereby notified, as part of this application, that 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 at 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 specified. USE PERMIT 1. Permitted Use: The approved use consists of a Use Permit to operate a large day care facility located at 650 Aram Avenue. a. Number of children 0 n the premises: 7-12 b. Hours of operation: 6 a.m. to 6 p.m., Monday through Friday c. Number of employees: 2- residents to property d. Number of parking spaces: 5 (2 covered, 3 uncovered) 2. Location of yard areas: Outdoor play area shall be limited to the rear yard area. Activity shall be prohibited in the front yard area. 4. Number of Children in Outdoor area: No more than six (6) children shall be allowed in the rear yard at one time during regular business hours. 5. Six month review: A review of the use shall be conducted by the Planning Commission six (6) months from the date of approval. Review of the use shall also include determination of whether the noise and associated activity constitutes a nuisance and/or requires modification to the fence element for sound attenuation purposes.