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Home My WebLink About05-16-1983 83-012 Karns Day Care-Pre Hearing Stf Analysis I ( MEMO PRE-HEARING STAFF ANALYSIS Meeting Date: May 16, 1983 TO: Planning Commission ~EC.r FROM: Planning Department SUBJECT: Request for a Conditional Use Permit to allow a day care center in a Single Family zone PA 83-012, Karns GENERAL INFORMATION PROJECT: This is a request for a Conditional Use Permit to allow a day care center for 12 children per session, to operate out of a single family home in a single family residential neighborhood. APPLICANT: Robert & Margaret Karns 6851 Langmuir Lane Dublin CA 94568 ASSESSOR PARCEL NUMBER: 941-191-14 LOCATION OF PARCEL: 6851 Langmuir Lane, Dublin PROPERTY OWNER: Robert & Margaret Karns EXISTING ZONING: R-I-B-E (Single Family Residential) 6500 sq.ft. minimum lot size 6 ft. min. side yards 20 ft. min. front and rear yards EXISTING LAND USE: Single family home SURROUNDING ZONING AND LAND USE: North - R-I-B-E (Single family homes) East - Flood Control Channel South - R-I-B-E (Single family homes) West - R-I-B-E (Single family homes) SITE/ZONING HISTORY: No former zoning request or action has taken place regarding the property on which the day care center is proposed. APPLICABLE REGULATIONS: Section 8-26.3 of the Zoning Ordinance requires that a Conditional Use Permit be obtained from the Planning Commission for the establishment of a Community Facility, which includes day care centers, when it is proposed within a single family zone. Sections 8-63.0, 8-63.4, 8-63.17 require that a single family home have two parking spaces; that these spaces can not occupy a front yard; and that the required parking shall be provided and maintained when a use is established and/or a building is structurally altered. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons -1- ( residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public published in the property owners, Notice of the May 16, 1983, hearing was Tri-Valley Herald, mailed to adjacent and posted in public buildings ANALYSIS: FINDINGS: This is an application to establish a day care center within an existing single family home. Two 3-hour sessions will be held each weekday (Monday through Friday) during normal public school periods. Twelve children will attend each session. The applicant proposes to convert the existing garage into a classroom for the day care center. There are several items which should be considered in deciding if the proposed use is acceptable at the proposed location. They include: a) Appropriateness of the use; b) Elimination of required parking and conversion of garage; c) Design, regarding remodeling and yards/play area; d) Traffic and parking; e) Noise; f) Signs; g) Days/hours of operation; h) Compliance with Building Department and Fire Department requirements. As the applicants have indicated, there is a definite and growing need for day care facilities. Such facilities need to provide safe environments for the children and should not create negative impacts for adjacent property. In this case, several neighbors have signed a petition (attached) indicating that they do not object to the proposed use. The subject property is proposed to be remodeled to enable the day care center to have a large classroom. This remodeling involves converting the existing garage to a classroom. A bathroom will be built into the classroom. -2- ( ( The parking that is required for the home will be eliminated by this remodel. The exterior of the house will remain 4, pretty must as is, except for the addition of a new door, skylights, and a proposed shed enclosure for a water heater, dryer, washer, and freezer. DISCUSSION: a) Traffic - The day care center will generate traffic three times each day: early mornings (8:00 a.m.), 11:30-12:30 p.m., and afternoons (4:30 p.m.). There is adequate on-street parking so that the traffic and short-term parking should not present a problem. b) Appropriateness of the Use - The subject property backs to the Flood Control Channel. Children's play/noise will, therefore, only affect two adjacent neighbors, both of whom have indicated that they have no objection to the proposed use. This use will generate traffic, but not of enough volumn to create any local problems. The most significant change is that garage parking will no longer be available, and therefore, the Karns' vehicles will have to be parked in their driveway, or on the street. Garage conversion policy has historically been stringent, and not allowed for the elimination of parking without an unusual condition existing, or a legal alternate parking site being provided on-site. This application, however, can be conditioned to assure the City that future parking will still be available. Therefore, the use should not present a problem and will be compatible to existing uses. c) Design - The remodelled garage w~ll have to have a bathroom built within it that is large enough for handicapped (wheelchairs). Also, the applicant is proposing to build a storage shed onto the garage to contain a washer, dryer, freezer, and water heater. A 6-foot side yard is required, and the storage shed would project 2+ feet into this required yard. This is prohibited by the Zoning Ordinance, and therefore, the appliances and water heater will have to be installed elsewhere. An existing roof cover in the side yard will also need to be removed. The proposed changes to the exterior of the garage are consistent with the house's present design. It is important that the garage door remain, and that new doors and windows match those of the existing house in-. order to retain the residential appearance of the house. d) Other considerations - 1) Fire and Building: As a commercial business, and because of the remodeling, the Building Department and Fire Department have made some requirements to assure that the proposed use/remodel will comply with Building Codes and be safe (see attached letters). Further work by the applicant will be necessary to assure compliance with these conditions, however, it is expected that compliance can be achieved. 2. Signing: No signs are proposed by the applicant. Because the neighborhood is residential, no signs should be installed. 3. Hours of operation: The applicant proposes to have the center open between 8:30 a.m. and 4:30 p.m., Monday through Friday, for normal school times. The center will be closed during the summer months. These times should not prove adverse to the neighborhood. -3- (" ( SUMMARY - The proposed daycare center is an acceptable use in its proposed location. There are some zoning requirements, including the elimination of required parking and encroachment into a required side yard, which require some changes to the proposal and/or conditions of approval, in order to assure that this use and remodeling will remain consistent with the residential neighborhood in which it is proposed. PLANNING COMMISSION ACTION REQUIRED - The Planning Commission should hold the public hearing on this request, make a decision on the application, and then make findings to support the Commission's action. If the Commission approves the Conditional Use Permit, a resolution should be passed to support that decision (see attached draft resolution which includes the required findings for approval). PRE-HEARING RECOMMENDATION It is recommended that the Karns' day care center Conditional Use Permit application be approved, subject to the Conditions of Approval as contained in the attached draft resolution. Attachments: Draft Resolution Proposal plans Location map Letter from Building Inspection Letter from Fire Department ~ .;. -4-