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HomeMy WebLinkAboutReso 182-06 Miss Dina's Day Care Grant Appeal RESOLUTION NO. 182 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * A RESOLUTION GRANTING THE APPEAL, THEREBY REVERSING THE PLANNING COMMISSION'S DECISION, AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT WITH A PARKING REDUCTION TO ALLOW MISS DINA'S DAYCARE (UP TO A MAXIMUM OF 12 CHILDREN) TO OPERATE A LARGE FAMILY DAYCARE HOME AT 7956 CROSSRIDGE ROAD. (APN 941-2784-034) PA 06-029 WHEREAS, the Applicant, Dina Yaroshevskaya, has requested approval of a Conditional Use Permit for the operation of a Large Family Daycare Home (up to 14 children), known as Miss Dina's Daycare, located at 7956 Crossridge Road, and a parking reduction to reduce the number of required off- site loading spaces from 4 spaces to 2 spaces; and WHEREAS, Large Family Day Care Homes, which serves between nine (9) and fourteen (14) children, are permitted in residential zoning districts with the approval of a Conditional Use Permit; and WHEREAS, the applicable Planned Development (P A 85-041) states that except as specifically modified by the design criteria or Conditions of Approval of said PD, the property covered by the PD will be subject to the guidelines of the R-1 Single Family Residential District; and WHEREAS, the Planning Commission by Resolution 06-26 on August 8, 2006, denied the request for an approval of a Conditional Use Permit to allow a Large Family Day Care Home to be located at 7956 Crossridge Road; and WHEREAS, an appeal of the Planning Commission decision was filed by Mayor Lockhart; and WHEREAS, the City Council held a public hearing on appeal for the said application on September 5, 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 one of three actions be adopted by the City Council; and WHEREAS, at the public hearing, the City Council heard testimony from the public and the Applicant; and WHEREAS, during the public hearing, the Applicant indicated a willingness to have the Conditional Use Permit granted with the following additional conditions: a. Restricting the number of children served to 12; b. Increasing the size ofthe home's driveway to provide 3 loading spaces instead of2; c. Requiring clients to receive a letter regarding the home's traffic policy; Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 1 of7 d. Restricting the hours that children may play outside to between 10:40 a.m. and 11:40 a.m. and 1.5 hours in the afternoon; and e. Restricting the number of children outside at anyone time to 6; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; 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, at the conclusion of the public hearing, the City Council by a "straw vote" indicated its intention to grant the appeal and approve the application, subject to certain additional conditions suggested by the applicant, including a reduction in the number of children served by the facility from 14 to 12, and additionally to grant a parking reduction of one off-site loading space pursuant to Dublin Municipal Code Section 8.76.050 E; and WHEREAS, the "record herein" consists of the testimony at and the minutes of the public hearing on September 5, 2006, all documentary evidence submitted to the City Council at the public hearing, including the agenda statement dated September 5,2005. NOW, THEREFORE, BE IT RESOLVED, after considering the provIsIons of the Dublin Municipal Code and the record herein, the City Council finds as follows: A. The proposed operation of the Large Family Day Care Home including a parking reduction for one loading space, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Daycare Home 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; 2) 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; and 3) the City Traffic Engineer's review revealed that the residential street, including street width and street capacity are adequate to handle the necessary parking and circulation if the additional loading space on-site is not practically feasible and therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 12-child Large Family Day Care Home from 2 spaces to 1 space is appropriate and will not result in a parking deficiency. B. The Large Family Day Care Home use including a parking reduction for one loading space, as conditioned, 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 Home will comply with all City of Dublin and State regulations; 2) the Large Family Daycare Home will be located at an existing facility that serves as a Small Family Daycare Home; and 3) the use is compatible with the neighborhood; 4) the Daycare will be a licensed daycare facility; and 5) the City Traffic Engineer's review revealed that the residential street, including street width and street capacity are adequate to handle the necessary parking and circulation if the additional loading space on-site is not practically feasible and therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 12-child Large Family Day Care Home from 2 spaces to 1 space is appropriate and will not result in a parking deficiency. C. The Large Family Day Care Home use including a parking reduction for one loading space, as conditioned, 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 and further limits the Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 2 of7 number of children outside at anyone time; 2) the additional vehicle trips are considered insignificant to the existing residential street, which has a 1,500 ADT (Average Daily Trip) capacity and is currently reaching approximately 36% of that capacity; 3) the 2 required parking spaces and 2 of the 3 loading spaces will be provided on site; and 4) the parking reduction for 1 loading space is warranted based on the availability of loading spaces on Crossridge Road if the additional loading space on-site is not practically feasible and therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 12-child Large Family Day Care Home from 2 spaces to 1 space is appropriate and will not result in a parking deficiency. 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 Day Care Home including a parking reduction for one loading space is located at an existing residential dwelling within a single- family residential neighborhood where such services are already provided and with adequate street access and parking if the additional loading space on-site is not practically feasible and therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 12-child Large Family Day Care Home from 2 spaces to 1 space is appropriate and will not result in a parking deficiency. E. The subject site is physically suitable for the type, density and intensity of the use being proposed because: 1) the Large Family Day Care Home will be located on an existing site; 2) the 2 parking spaces and 2 of the 3 loading spaces will be provided on-site; 3) the reduction for 1 loading space is appropriate based on the existing street width and capacity and the provision of parking spaces along Crossridge Road if the additional loading space on-site is not practically feasible; 4) the site is bordered by single-family residential homes on two sides and Open Space to the rear of the property; and 5) 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 Day Care Home and parking reduction 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 or City Council, on appeal; 2) the Planned Development Zoning District (P A 85-041) in which the subject property is located states that the property is subject to the requirements of the R-l Single Family Residential Zoning District; 3) Section 8.76.080.B of the Dublin Zoning Ordinance requires a total oftwo (2) parking spaces and three (3) loading spaces for the subject property to support 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 (3 loading spaces); Dublin Zoning Ordinance permits a reduction in the required number of parking spaces when the required finding can be met; 4) the requested parking reduction for one loading space, has been determined to be warranted based on the capacity and width of Crossridge Road and the availability of loading spaces on Crossridge Road if the additional loading space on- site is not practically feasible; and 5) as conditioned, the driveway will be required to be kept clean and free of the property owners cars in order to provide adequate loading spaces for parents and guardians of the children in the Daycare; 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 FURTHER RESOLVED that the Dublin City Council does hereby reverse the Planning Commission denial and 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 Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 3 of7 Planning Department on June 16, 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, [B] Building, [PO] P r d [F] AI d C t F D o Ice, an ame a ounty Ire eoartment. 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 City Council on September 5,2006). 2. The maximum number of daycare children PL Ongoing Standard present at the Daycare facility at anyone time shall not exceed 12. 3. The applicant shall provide three loading PL Within 60 days Project spaces on-site prior to the operation of the of approval Specific Large Family Day Care Home unless it is determined practically infeasible. If it is determined that it is practically infeasible, two loading spaces shall be required to be provided on-site. 4. The occupants of the home shall have no PL Ongoing Project more than two vehicles parked at the Specific project site during the daycare hours of operation, 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 of the home are available for pick-up and drop-off 5. AIl parents/guardians of the Large Family PL Ongoing Project Day Care Home shall be provided a copy Specific of the Traffic Policy for Miss Dina's Daycare, submitted to the City Council on September 5,2006. Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 4 of7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. 6. The Large Family Day Care 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. 7. Children sounds shall be controlled so as PL Ongoing Standard not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 9:00 a.m. and after 5:00 p.m. 8. The children will be permitted to play PL Ongoing Project outside between 10: 40 and 11: 40 and for Specific an additional 1.5 hours in the afternoon. 9. No more than 6 daycare children shall be PL Ongoing Project outside at any given time during the Specific operation hours of the daycare. 10. The operator of the Center shall require PL Ongoing Standard that daycare children remain either inside the Center or in the backyard for pickup by their parent or guardian. 11. This use shall comply with all applicable PL Ongoing Standard Planning, Building, AIameda County Fire Department, Police Department, Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. 12. 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. 13. 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. 14. Signage advertising the daycare home is PL Ongoing Standard prohibited. 15. 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. 16. If the Day Care employees additional PL Ongoing Section employees not residing in the home; 8.76.080.B additional parking will be required pursuant to the Dublin Municipal Code. 17. No structure is allowed in the City PL 60 Days from City Landscape Easement to the rear of the date of Approval Landscape property. The existing structure shall be Easement removed. Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 5 of7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. FIRE CONDITIONS 18. The sleeping/napping area shall have an F Ongoing Standard access and means of egress window or door as required by CBC 310.4. 19. The sliding doors shall have landings that F Ongoing Standard are the width of the door opening. CBC 1003.3.3.1. 7. 20. Provide residential smoke detectors in all F 30 days from date Standard sleeping rooms and in the day care areas. of Approval 21. Provide a 2AI0BC fire extinguisher in the F 30 days from date Standard day care area. of Approval 22. Provide a manual pull station in an F 30 days from date Standard approved location tied to a fire alarm signal of Approval that is 15 db above ambient noise levels. (This is not a fire alarm "svstem.") 23. 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 special knowledge or effort. 24. An address shall be provided on the house F 30 days from date Standard that is clearly visible from the street. of Approval 25. An on site inspection is required prior to F 30 days from date Standard Fire Department approval (after submission of Approval of an 850 form). 26. The gate on the rear fence of the site shall F Ongoing Standard be kept locked from the outside during the Daycare Center's hours of operation. POLICE CONDITIONS 27. The Applicant must be licensed and comply PO Ongoing Standard with all State of California Community Care Licensing (CCL) requirements. 28. The Applicant must apply for a City of PO Ongoing Standard Dublin Business License. A copy of the approved State of California Community Care license must be submitted. AIl employees, both paid and volunteer, shall complete a Mandated Reporter class and provide verification of such. 29. 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 bad on the State of California CCL "Personnel Report" . Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 6 of7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY I REQUIRED DEPART. 30. 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 present in the business. 31. Staff members are to receive Personal Safety PO Ongoing Standard training that is provided by the Dublin Police Crime Prevention unit. 32. The gate on the rear fence of the site shall b( PO Ongoing Standard kept locked during the Daycare Center's hours of operation. PASSED, APPROVED AND ADOPTED this 19th day of September 2006 by the following vote: AYES: Councilmembers Hildenbrand and Zika, and Mayor Lockhart NOES: Councilmember Oravetz ABSENT: Councilmember McCormick ABSTAIN: None A TTES1f: /' ; '~-n\ ~ :\,,_h'\-1?-1./ {Y42vl_.' - City Clerk \ ~~~ / I Mayor V Reso No. 182-06, Adopted 9/19/06, Item 4.17 Page 7 of7