HomeMy WebLinkAbout06-029 Miss Dina's Daycare CUP
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: August 8, 2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
WfiJ
PUBLIC HEARING: PA 06-029 Miss Dina's Daycare Conditional Use
Permit - Request to allow a Large Family Day Care (up to 14 children) at
7956 Crossridge Road.
Report Prepared by Bryan A. Moore, Assistant Planner
1) Resolution approving a Conditional Use Permit for a Large Family
Day Care (up to 14 children) at 7956 Crossridge Road.
2) Location Map.
3) Project Plans.
4) Applicant's Letter.
5) Site Pictures.
1) Receive Staff presentation;
2) Open the public hearing;
3) Take testimony from the Applicant and the public;
4) Close the public hearing and deliberate; and
5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit
to allow a Large Family Day Care (up to 14 children) at 7956
Crossridge Road.
BACKGROUND:
The Applicant is currently operating a Small Family Day Care on their property located at 7956
Crossridge Road. The Applicant has operated a Small Family Day Care in this location since 2005. Per
the Dublin Zoning Ordinance, Small Family Day Cares, which provide care for up to eight (8) children,
are permitted by-right in all residential zoning districts; Large Family Day Cares, which provide care for
nine (9) to fourteen (14) children, are permitted in a residential district pursuant to the approval of a
Conditional Use Permit.
The Applicant is requesting approval of a Conditional Use Permit for a Large Family Day Care (up to 14
children) to operate in a single-family home located at 7956 Crossridge Road. The proposed operating
hours for the Daycare will be Monday thru Friday from 7:00 a.m. to 6:30 p.m. The Daycare will be
closed on the weekends. The Large Family Daycare will have two full-time employees consisting of the
Applicant and her husband.
ANALYSIS:
The project site is an interior lot surrounded by single-family homes to the north and south, and by a City
Landscape Maintenance Easement (Open Space) to the west or rear ofthe property. The site currently has
COPIES TO: Applicant
Property Owner
File
ITEM NO.: 8. I
G:IP A#12006\06-029 Lg Family Dayeare CUPIPC Staff Report.doe
Page 1 of 4
a Small Family Day Care with a play area in the backyard for the daycare children. The property is zoned
PD (Planned Development), and the said zoning allows a Large Family Day Care with authorization of a
Conditional Use Permit.
Noise Impacts
Staff has reviewed the application and has included a Condition of Approval (Condition 3) that limits the
hours of operation from 7:00 a.m. to 6:30 p.m. Monday through Friday, to ensure that the daycare use is
compatible with the neighborhood. The Conditions further require that noise generated at the site be
controlled so as not to create a nuisance to the adjoining residential neighborhood. Outside activities are
restricted from taking place before 9:00 a.m. or after 5:00 p.m. (Condition 4).
Traffic Impacts
The application has been reviewed by the City's Traffic Engineer and it has been determined that minimal
traffic would be generated by a Large Family Day Care with a maximum offourteen (14) children. Drop-
off and pick-up times will be primarily in the morning and evening hours and the maximum number of
children being served should not create an unreasonable concentration of vehicles to and from the house
at any particular time. Additionally, parents typically drop-off and pick-up their children at staggered
times, which will further limit the number of cars at anyone time within the neighborhood.
Parking
Section 8.76.080 B of the Zoning Ordinance defines the required parking for a Large Family Day Care
facility. The code section is included below:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Large Family Day Care Home (9-14 Children) 2 per dwelling, plus 1 space for every employee not
residing in the home, plus one loading space for
every 4 children in the facility
Figure 1: Zoning Ordinance Section 8.67.080.B
Per the Dublin Zoning Ordinance requirement, the Applicant would be required to provide two (2)
parking spaces and four (4) loading spaces. There are two (2) garage parking spaces reserved for the
home. As a part of the application, the Applicant has indicated that the two (2) employees for the day
care reside at the home, therefore the two (2) garage parking spaces are adequate. Four (4) loading spaces
are required based on the number of children the day care will serve. The project site has an area for two
(2) loading spaces in the driveway. Based on the size and location of the driveway loading area, it
appears that the spaces are satisfactory for the purpose of drop-off and pickup of children. On-site there is
sufficient area for two (2) of the four (4) required loading spaces. The additional two (2) loading spaces
can be provided adjacent to the property along the street. Section 8.76.050.E of the Dublin Zoning
Ordinance allows for a parking reduction if it can be shown that:
1. The Conditional Use Permit findings can be made;
2. It can be demonstrated that the required parking standards are excessive for this situation; and
3. Overflow parking will not impact any adjacent use.
While the two (2) additional loading spaces can not be provided on-site, there is adequate space to provide
for the additional two (2) loading spaces adjacent to the residence. Due to staggered drop-off and pick-up
times, the combination of available on-street and off-street parking should be sufficient to serve the
proposed day care use.
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Licensing
Staff has included two Conditions of Approval (Conditions No. 24 and 25) that require the operator to
submit a copy of the State of California Community Care Licensing Permit for the operation of a Large
Family Day Care Home for verification purposes, prior to establishment of the use. The Conditions of
Approval further require the Applicant, on a continuing basis, to provide the Community Development
Department with current and updated day care operating licenses issued by the State of California
Department of Social Services.
Accessory Structures
The Applicant currently has an accessory structure located on the slope to the West of their property on a
City Landscape Maintenance Easement. According to the provisions ofthe City Landscape Maintenance
Easement (PD - 1486 ZU), the homeowner shall not install any structure on the slope other than a fence.
A Condition of Approval (Condition 14) has been included requiring that the accessory structure is
removed within sixty (60) days of approval.
Public Notice
A public notice was sent to property owners within a 300- foot radius of the project to advise them of the
request for a Conditional Use Permit to operate a Large Family Day Care and the date of this meeting.
Correspondence
Staff has received one letter from a concerned neighbor. In their letter, Francisco and Emma Abad of
7992 Crossridge Road, cite concerns of possible traffic increase in the neighborhood. The City's Traffic
Engineer has reviewed the application. A Large Family Day Care with a maximum of fourteen (14)
children will have minimal impact to the traffic of the existing residential street.
Conformance with Zoning Ordinance and General Plan
The subject property is zoned PD (planned Development, PA 85-041), with a General Plan Land Use of
Medium-Density Residential. Section 8.12.050 of the Dublin Zoning Ordinance states that a Large Family
Day Care use is permitted with the approval of a Conditional Use Permit by the Planning Commission. The
proposed Miss Dina's Daycare is consistent with the Dublin General Plan and the Municipal Code
because the project is compatible with the existing zoning and General Plan Land Use designation.
Therefore, the application for a Large Family Day Care is an appropriate use within a Single Family
Residential area.
The application has been reviewed by relevant City Departments. Staff believes that the proposed Large
Family Day Care Home would have limited impacts to the surrounding neighborhood regarding noise,
traffic, and parking, with the inclusion ofthe suggested Conditions of Approval as included in Attachment
1. The Applicant has reviewed and agreed to the proposed Conditions of Approval.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State guidelines and City
environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared. The project has been found to be a Statutorily Exempt from the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15274.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and
5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit to allow a Large Family Day
Care (up to 14 children) at 7956 Crossridge Road.
30f4
GENERAL INFORMATION:
APPLICANT:
Dina Yaroshevskaya
Miss Dina's Daycare
7956 Crossridge Road
Dublin, CA 94568
PROPERTY OWNER:
Dina & Yakov Yaroshevskaya
7956 Crossridge Road
Dublin, CA 94568
LOCATION:
7956 Crossridge Road
ASSESSORS PARCEL NUMBER:
941-2784-034
GENERAL PLAN DESIGNATION:
Medium Density Residential
SPECIFIC PLAN AREA:
None
ZONING:
Planned Development (PD) District
SURROUNDING USES:
Location Zoning General Plan Land Use Current Use of Property
Site PD - Planned Medium Density Single family home
Development Residential
North PD - Planned Medium Density Single family home
Development Residential
South PD - Planned Medium Density Single family home
Development Residential
East PD - Planned Medium Density Single family home
Development Residential
West PD - Planned Open Space Vacant
Development
40f4
RESOLUTION NO. 06-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW MISS DINA'S
DAYCARE TO OPERATE A LARGE FAMILY DAYCARE HOME
AT 7956 CROSSRIDGE ROAD. (APN 941-2784-034)
P A 06-029
WHEREAS, the Applicant, Dina Yaroshevskaya, has requested approval of a Conditional Use
Permit for the operation of a Large Family Daycare Home, known as Miss Dina's Daycare, located at
7956 Crossridge Road; and
WHEREAS, a Large Family Day Care Home, which serves between nine (9) and fourteen (14)
children, is permitted in a residential zoning district with approval of a Conditional Use Permit by the
Planning Commission; and
WHEREAS, the Planned Development (PA 85-041) states that except as specifically modified by
the design criteria or Conditionals of Approval of said PD, the property will be subject to the guidelines of
the R-l Single Family Residential District; and
WHEREAS, the application has been reviewed in accordance with the prOVISIOns of the
California Environmental Quality Act (CEQA) and the project is Statutorily Exempt per Section 15274;
and
WHEREAS, the Planning Commission held a public hearing on said application on August 8,
2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby
find that:
A. The proposed operation of the Large Family Daycare Home is compatible with other land
uses, transportation and service facilities in the vicinity because: 1) the Daycare complies with
State laws that require the primary use of the site to be a single family residential use with the
Daycare as an accessory use; and 2) as conditioned, the noise and traffic impacts will be
minimized by restrictions on the hours of operation and the low number of vehicle trips that may
be generated by the project.
Attachment 1
B. The use will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare because: 1) the proposed Large
Family Daycare will comply with all City of Dublin and State regulations; 2) the Large Family
Daycare will be located in an existing site; and 3) the use is compatible with the neighborhood; 4)
as conditioned, the Daycare will be a licensed daycare facility; and 5) as conditioned, the children
shall remain either inside the home or in the backyard for pickup by their parent or guardian.
C. The use will not be injurious to property or improvements in the neighborhood because: 1)
as conditioned, noise and traffic impacts will be minimized by the Conditions of Approval which
establish limits on the number of children enrolled and the hours of operation; 2) signage which
advertises the Daycare is prohibited by Section 8.64.030.Q of the Dublin Zoning Ordinance; and
3) parking and traffic will not be impeded in the vicinity as a result of the use, due to the drop-off
and pick-up times of the children being staggered throughout the morning and evening.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare because the proposed Large Family Daycare is located in an
existing residential dwelling.
E. The subject site is physically suitable for the type, density and intensity of the use being
proposed because: 1) the Large Family Daycare will be located on an existing site; 2) the site is
bordered by Single Family Residential homes on two sides and Open Space to the rear of the
property; and 3) the Daycare complies with State laws that require the primary use of the site to be
a single family residential use with the daycare as an accessory use.
F. The Large Family Daycare Home is not contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is located
because: 1) Section 8.12.050 of the Dublin Zoning Ordinance permits a Large Family Daycare in
all residential zoning districts with a Conditional Use Permit approved by the Planning
Commission; 2) the Planned Development Zoning District (PA 85-041) in which the subject
property is located states that the property is subject to the requirements ofthe R-l Single Family
Residential Zoning District; 3) Section 8.76.080.B of the Dublin Zoning Ordinance requires a total
of two (2) parking spaces and four (4) loading spaces for the subject property to support the
dwelling unit and the Large Family Daycare, based on the requirement that the dwelling unit have
two (2) parking spaces plus one loading stall per every four children served by the facility; 4) as
conditioned, the Applicant will be required to keep the garage clear and to park two vehicles inside
of the garage during the Daycare hours of operation; 5) as conditioned, the driveway will be
required to be kept clean and free of the property owners cars in order to provide two loading
spaces for parents and guardians of the children in the Daycare; 6) as conditioned, a total of two
parking spaces and two loading spaces will be provided which results in a deficit of two loading
spaces; 7) Section 8.76.050.E of the Dublin Zoning Ordinance permits a reduction in the required
number of parking spaces when the required finding can be met; 8) the requested parking
reduction has been determined to be warranted based on the available parking and loading spaces
on Crossridge Road; 9) the parking reduction is also further warranted because the spaces will only
be required during pick-up and drop-off times which are staggered throughout the day; 10) as
conditioned, impacts are further reduced by the limited hours of operation; and 11) the use of child
daycare equipment in the backyard does not require a permit and is consistent with other daycares
in the City of Dublin.
2
G. The Large Family Daycare is consistent with the Dublin General Plan because: 1) the
proposed use is permitted with a Conditional Use Permit and meets the intentions of the zoning
district in which it is located; and 2) as conditioned, the Large Family Daycare will operate in such
a manner as to limit impacts on the surrounding properties.
BE IT ALSO RESOLVED that the Dublin Planning Commission does hereby conditionally
approve a parking and loading reduction of two (2) off-street loading spaces because: 1) the staggered
drop-off and pick-up times typical of a Family Day Care Home will reduce parking and loading demand;
and 2) the number of on-street parking spaces available in front of the property will be able to compensate
for the space. The Zoning Ordinance parking requirements are, therefore, excessive in this case, and
overflow parking will not adversely impact adjacent uses.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby conditionally
approve PA 06-029, a Conditional Use Permit application to operate a Large Family Daycare Home, as
generally depicted by the Site Plan and Floor Plan received by the Planning Department on June 16,2006,
and a Written Statement received by the Planning Department on August 3, 2006, stamped approved and
on file with the Dublin Planning Division, subject to the conditions below.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use (having more than 8 children in the Daycare Home), and shall be
subject to review and approval by the City of Dublin. The following codes represent those
departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.]
Planning, rB] Building, rpO] Police, and rF] Alameda County Fire Deoartment.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
PLANNING CONDITIONS
1. This Conditional Use Permit approval for PL Ongoing Standard
P A 06-029 is to allow the operation of a
Large Family Day Care Home at 7956
Crossridge Road in a PD (Planned
Development P A 85-041) Zoning District.
This approval shall generally conform to
the project plans and statements stamped
approved, consisting of a Site Plan and
Floor Plan (received by the Planning
Department on June 16,2006), and a
Written Statement (received by the
Planning Department on August 3, 2006).
2. The maximum number of children present PL Ongoing Standard
at the Daycare facility at anyone time shall
not exceed 14.
3. The large family Daycare Home shall PL Ongoing Standard
operate Monday through Friday between
the hours of7:00 a.m. and 6:30 p.m., and
shall be closed on weekends.
4. Children sounds shall be controlled so as PL Ongoing Standard
not to create a nuisance to the adjoining
residential neig:hborhood. No outside
3
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
activities may take place before 9:00 a.m.
and after 5:00 p.m.
5. The operator of the Center shall require PL Ongoing Standard
that children remain either inside the
Center or in the backyard for pickup by
their parent or guardian.
6. This use shall comply with all applicable PL Ongoing Standard
Planning, Building, Alameda County Fire
Department, Police Department, Dublin
San Ramon Services District and State of
California Department of Social Services
regulations and ordinances.
7. This approval shall be null and void in the PL Ongoing Standard
event the approved use fails to be
established within one year, or ceases to
operate for a continuous one-year period.
8. The occupants of the home shall have no PL Ongoing Standard
more than two vehicles parked at the
project site as long as a daycare home is
being operated at this address. The garage
at the subject site shall be kept free and
clear for parking the two vehicles during
the Daycare hours of operation so that
parking spaces in the driveway and on-
street in front ofthe home are available for
I pick-up and drop-off.
9. The Applicant shall be responsible for PL Ongoing Standard
cleanup and disposal of project related
trash in order to maintain a clean and litter
free site.
10. Signage advertising the daycare home is PL Ongoing Standard
prohibited.
11. No future modifications to the site or PL Ongoing Standard
exterior portion of the residence shall be
made without prior review by the Director
of Community Development, and must
comply with all applicable zoning,
building code and engineering regulations
including issuance of building permits.
12. At any time during the effectiveness of this PL Ongoing Standard
approval, the approval shall be revocable
for cause in accordance with Section
8.96.020.1 of the Dublin Zoning
Ordinance. Any violation of the terms or
conditions of this permit shall be subject to
citation.
13. If the Day Care employees additional PL Ongoing Section
employees not residing in the home, then 8.76.080.B
additional parking will be required.
14. No structure is allowed in the City . PL 60 Days from City
Landscaoe Easement to the rear of the date of Approval Landscape
4
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
property. The existing structure shall be Easement
removed.
FIRE CONDITIONS
15. The sleeping/napping area shall have an F Ongoing Standard
access and means of egress window or
door as reauired by CBC 310.4.
16. The sliding doors shall have landings that F Ongoing Standard
are the width of the door opening. CBC
1003.3.3.1.7.
17. Provide residential smoke detectors in all F 30 days from date Standard
sleeping rooms and in the day care areas. of Approval
18. Provide a 2AI0BC fire extinguisher in the F 30 days from date Standard
dav care area. of Approval
19. Provide a manual pull station in an F 30 days from date Standard
approved location tied to a fire alarm of Approval
signal that is 15 db above ambient noise
levels. (This is not a fire alarm "svstem.")
20. Exits shall be openable from the inside F Ongoing Standard
without any special knowledge or effort.
This means that any deadbolts shall open
when the lever hardware is used and no
additional chains or latches are allowed.
The exits must continue all the way to a
public way, so if a gate is in the exit path,
it must be openable from the inside
without snecial knowledge or effort.
21. An address shall be provided on the house F 30 days from date Standard
that is clearlv visible from the street. of Aooroval
22. An on site inspection is required prior to F 30 days from date Standard
Fire Department approval (after of Approval
submission of an 850 form).
23. The gate on the rear fence ofthe site shall F Ongoing Standard
be kept locked from the outside during the
Davcare Center's hours of operation.
POLICE CONDITIONS
24. The Applicant must be licensed and comply PO Ongoing Standard
with all State of California Community
Care Licensing (CCL) requirements.
25. The Applicant must apply for a City of PO Ongoing Standard
Dublin Business License. A copy ofthe
approved State of California Community
Care license must be submitted. All
employees, both paid and volunteer, shall
complete a Mandated Reporter class and
orovide verification of such.
26. Police Services will periodically make PO Ongoing Standard
unannounced inspections of the facility and
may require verification of fingerprint
clearance for staff members as reported
back on the State of California CCL
"Personnel Reoort".
5
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
27. The applicant is to follow the California PO Ongoing Standard
Community Care Licensing guidelines
regarding the ratio of staff on duty to the
number of children oresent in the business.
28. Staff members are to receive Personal PO Ongoing Standard
Safety training that is provided by the
Dublin Police Crime Prevention unit.
29. The gate on the rear fence of the site shall PO Ongoing Standard
be kept locked during the Daycare Center's
hours of operation.
PASSED, APPROVED AND ADOPTED this 8th day of August 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\P A#\2006\06-029 Lg Family Day Care CUPIPC Reso.doc
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Page 1 of 1
Bryan Moore
From: Yakov Yaroshevskiy [yakovy@sbcglobal.net]
Sent: Thursday, August 03, 2006 1 :41 PM
To: Bryan Moore
Subject: Business Description
Business Description
(Written Statement)
Service proposing is full time and part time childcare for children from 6 month old to 12 years old.
The proposed hours and days of operation are 7:00 AM - 6:30 PM Monday through Friday. We allow
individual schedules for each child, so drop off and pick up times differ and it helps to prevent traffic
and parking problems (attached is proposed Traffic Policy).
Following is our day schedule:
7:00 - 9:00 Arrival table activities
9:00 - 9:20 Circle time
9:20 - 9:45 Snack time
9:45 - 10:40 Group activities
10:40 - 11 :40 Free play inside and outside (depends on the weather)
11 :40 - 12:00 Story time
12:00 - 12:30 Lunch time
12:30 - 3:00 Nap time
3:00 - 3:20 Afternoon snack
3:30 - 5:00 Free play outside (depends on the weather)
5:30 - 6:30 PM activities
Outside times are limited to 2.5 hours per day as to not disturb the neighbors.
Our Child Care will serve families with children, so parents can work and don't be worry about their
children. It is going to be a valuable and safe service to the families.
Our business will not disrupt the place in surrounding residents and will not have any negative effects on
the health and safety of people residing in the vicinity. '
On daily basis will be present 2 staff members. In the home will be residing 2 staff members.
Due to location ofthe property, floor plan of the house and of the backyard this property is very suitable
for Large Family Daycare.
RECEIVED
AUG 0 3 2006
DUBLIN PLANNING
8/3/2006
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