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HomeMy WebLinkAbout85-104 Kaleidoscope Day Care & Activity Ctr CUP CITY OF DUBLJ.. PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: January 6, 1986 SUBJECT: Planning Commission Planning Staff MrJ{- ~ .;' PA 85-104 Kaleidoscope Day Care and Activity Center Conditional Use Permit. TO: FROM: GENERAL INFORMATION PROJECT: A Conditional Use Permit to continue operation-of a day-care and activity center for a ~ax~mum of 44 youths, ages 3 to 21 years and older at Fallon Elementary School, 7425 Larkdale Ave. APPLICANT AND REPRESENTATIVE: Evelyn" King 7416 Brighton Drive Dublin CA 94568 PROPERTY OWNER: Murray School District 7416 Brighton Drive Dublin CA 94568 LOCATION: 7425 Larkdale Ave. ASSESSOR PARCEL NUMBER: 941-181-27-1 PARCEL SIZE: 1.11 acres GENERAL J;'LAN DESIGNATION: EXISTING ZONING AND LAND USE: Single Family Residential R-1-B-E (Single-family residential combining districtl/School SURROUNDING LAND USE AND ZONING: The site is surrounded by existing single-family residential uses. ZONING HISTORY: -August 15, 1983: Approved Conditional Use Permit for Tri- Valley Church of God School, grades K-9; maximum number of children allowed, 120. Permit expired 8/15/85. -August 15, 1983: Approved Conditional Use Permit for Kaleidoscope Center Educational Program for maximum of 50 students. Permit expired 8/15/85. -April 16, 1984: Approved Conditional Use Permit for Fountainhead Montessori to operate pre-school, daycare, and elementary classes for maximum of 80 children. Permit expires 4/16/86. -November 19, 1984: Growing Tree daycare for 11/19/87. Approved Conditional Use Permit for maximum of 120 children. Permit expires APPLICABLE REGULATIONS: Section 8-26.3 of the City's Zoning Ordinance allows daycare centers as a community facility in the R-1 District, subject to approval of a Conditional Use Permit. ----------------------------------------------------------------- ITEM NO. '7.1 Section 8-63.0 requires every building and use to provide and maintain off-street parking in accordance with the city's regulations. Section 8-63.15 indicates if a use is not specifically mentioned in the regulations, the number of parking spaces shall be the same as a use with similar characteristics. The Ordinance does not provide specific parking requirements for a day-care use. Section 8-94.0 states that conditional uses must be analyzed to determine: I} 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 residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance 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 .s.pecified 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: A Negative Declaration has been prepared for this project pursuant to the provisions of CEQA. The project will not have a significant effect on the environment. NOTIFICATION: Public Notice of the January 6, 1986, hearing was published in the Tri-valley Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS: The applicant is requesting approval of a Conditional Use Permit to continue operation of a day-care and activity center for a maximum of 44 developmentally disabled youth, ages 3 and older. The Center is located at Fallon Elementary School, 7425 Larkdale Ave., occupying the former kindergarten classrooms and play area. The existing day-care/activity center operates between the hours of 1:30 p.m. and 6:00 p.m. Monday through Friday during the school year and between 7:00 a.m. and 6:00 p.m. during the summer and on school holidays. The applicant has indicated that between six and eight van buses deliver the students to the center mid- day. Parents pick up the students from the school between 4:30 p.m. and 6:00 p.m. parking and student pick-up/drop-off will take place on site. The center provides approximately 15 off-street parking spaces and 10 leading spaces. ~jt Kaleidoscope Center, in operation since 1983, (Conditional Use Permit approved maximum of 50 children) and Fountainhead Montessori School, in operati0n since 1984 -2- (Conditional Use Permit approved maximu~ of 80 children) are the only two schools currently operating out of the Fallon School site. In 1983 when the Fallon School closed, there were a total of 379 children. The City has not received any complaints regarding parking, traffic, or noise resulting from these two uses. The Murray School District has indicated they are responsible for the structural and grounds maintenanc~at the Fallon School site. RECOMMENDATION FORMAT: 1 } Open public hearing and hear staff presentation 2} Take testimony from applicant and the public 3) Question staff, applicant ~nd the public 4) Close public hearing and deliberate 5} Adopt Resolution' regarding the Conditional Use Permit ACTION: Staff recommends the Planning Commission adopt the attached Exhibit B, a Resolution approving a Negative Declaration for PA 85-104 Kaleidoscope Center Conditional Use Permit and adopt Exhibit C, a Resolution approving the Conditional Use Permit for PA 85-104. ATTACHMENTS Exhibit A - Site and Floor Plan Exhibit B - Resolution Adopting Negative Declaration PA 85-104 Exhibit C _ Resolution Approving PA 85-104 Conditional Use Permit Backqround Attachments: 1} Location Map 2} Applicant's Statement 3} Negative Declaration COPIES TO Applicant Murray School District -3- \ \If\: J ~ ! ci C:! :, .J '. 0 In l- \{' cD i e:! r ~ ... 1/011.'- . II""VHH"'!\- ~'1 ?'9'~ FJ. ~ ~ . '.' ..,:l "';l ~ ,,--,,:jU; '" cd,} ~ ;;! A ~ ,- ~"f ~ .l-., ' 1'~ v'~ . -\ ',:.'~~ ,~ i "':: 1.1 ~_' -.:; ~':..~.; jJ A 11 r- o o .,.. ~ (>, I~ &' c ..., , [1; ;J~'?:? ~ ... IB r~~ A____ I!"':"-..",~_., . );:. co RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ ADOPTING A NEGATIVE DECLARATION FOR PA 85-104 KALEIDOS~OPE CENTER CONDITIONAL USE PERMIT APPLICATION TO CONTINUE OPERATION OF A DAY CARE AND ACTIVITY CENTER AT FALLON SCHOOL. WHEREAS, Kaleidoscope Center filed an application for a conditional Use Permit to allow the continued operation of a day- care and activity center for a maximum of 44 developmentally disabled youths ages 3 and over; and WHEREAS, the California Environ~ental Quality Act (CEQA), together with the State Guidelines and City environmental regulations, require that certain projects be reviewed for . environmental impact and that environmental documents be prepared; and WHEREAS, an initial study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a Public Hearing on January 6, 1986; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find as foilows: I. That the project 85-104 Kaleidoscope Center Conditional Use Permit will not have a significant effect on the environment; 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations; and 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED that the Dublin Planning Commission hereby adopts the Negative Declaration for PA 85-104 Kaleidoscope Center Conditional Use Permit application. PASSED, APPROVED AND ADOPTED this , 1986. th day of AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director EXHIBIT 13 DP 83-20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING PA 85-104 KALEIDOSCOPE CENTER, A CONDITIONAL_USE PERMIT APPLICATION TO CONTINUE OPERATION OF A DAY-CARE AND ACTIVITY CENTER AT THE FALLON SCHOOL. WHEREAS, Kaleidoscope Center has filed an application for a Conditional Use Permit (PA 85-104) to allow the operation of a day-care/activity center for up to 44 developmentally disabled youths, ages 3 and over, in an R-l (single-family residential) District at 7425 Larkdale Ave., Dublin, CA (APN 941-181-27-1); and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Decia:rat"ion has been adopted (Planning Commission Resolution No. ) for this project as it will not have a significant effect on the environment; and WHEREAS, notice of Public Hearing was published in the Tri-Valley Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, a Staff Analysis was submitted recommending conditional approval of the application; and WHEREAS, on January 6, 1986, testimony; the Planning Commission held a Public Hearing to consider all reports, recommendations, and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a} The use is required to serve a public need in that the center provides additional educational training for developmentally disabled youth; b} The use will be properly related to other land uses and transportation and service facilities in the vicinity in that daytime activities will be commensurate with present use of properties in the neighborhood; c) The use, under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, in that all applicable regulations will be met; d} The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that the day-care/activity center is consistent with the character of the residential district; BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 85-104 as shown by materials labelled Exhibit "A,. on file with the Dublin Planning Department, subject to the following conditions: -1- EXHIBIT L- DP 83-20 .'---'.- --: .--...,.~. - '~--'-~-~.'-~- --. . - ------.. - ._ ~.___ .~__.__ _~.._~_..__~__,-_ .____.____.~..- ~_.o- . ", ...,~ L-- . 1} The day-care/activity center shall be limited to a maximum of 44 students. 2} Hours of operation for the center shall be limited to the hours between 7:00 a.m. and 6:00 p.m. 3} Outside activities shall not occur prior to 8:00 a.m. 4) School noise shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. 5 ) Planning day-care The applicant shall submit evidence to the Director of that the appropriate licenses and permits to operate a center have been obtained from the State.' 6} The applicant shall repair the front fence adjacent to the building and replace the damaged sign located on this fence. 7) The day-care operator shall ~n,an annual basis make arrangements to have the Dublin Police Services Child Abuse Program, or an equivalent program, presented to the Center's staff and children attending the facility. 8} This permit shall expire on January 6, 1990, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin zoning Ordinance. PASSED, APPROVED AND ADOPTED this 6th day of January, 1986. AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director -2- DP 83-20 \ \ i :d' ",I " .... ~''.!:...~.-.:" . '. .~ , ') ') October 1985. KALEIDOSCOPE, CE~TER, ~~. .. . - " .. " " DESCRIPTION AND JUSTIFICATION Or PROJECT The need fn the tri~va11ey for an agency that has the program thilt j(aleidoscope Center offers has previously been determined. The Center wishes to continue its operation in the City of Dublin, and the following is our Program Description. 1. A quality Activity Program for up to 44 developmentally disabled youth ages 3 to 21 and older will be provIded by specifically trained and qualified staff persons Monday through Friday from 1:30 to 6:00 p.m. on school days and 7:00 a.m. to 6:00 p.m. on non-school weekdays. The activities will be centered around the five areas of Social Skills, Self-Care Skills, Physical Fitness, and Recreational Skill~and Creative Expression. Individual short and long-term goals will be set in each of four areas (Social, Self-Care, Physical Fitness, and Recreational) by client, parent, and staff conferencing together annually. a. Social Skills ' Reinforcement of appropriate 's'ocial behavior wi 11 be carried out throughout the day. Naturally occurring social situations will be used to promote social learning. At least 3 activities/week will be planned from this curriculum area. b. Self-Care Skills Daily pianned activities from this curriculum area will reinforce the idea of independent behavior carried out in a safe, healthy, cultu~ally appropriate manner. c. Physical Fitness Physical fitness is understood to be the result Qf stressing the large muscles, placing an incr~ased demand on the heart, and good eating and sleeping habits. Daily vigorous exercise to challenge the heart and large muscles will be an ongoing part of the curriculum for all clients with permission from their personal physicians. This exercise may be incorporated in recreational activities or may be in the form of traditional physical exercises. A daily snack program of healthful, low calorie, easy to prepare food and drinks will be provided. Rest periods or quiet activities will be provided for clients showing the need for rest to maintain their energy levels. d. Recreational Skills and Creative Expression Recreational and Creative activities will be the vehicle for teaching and reaching many of the desired social and self-care skill levels. The motivation of , recreational "fun" will be employed to engage clients in activities leading to physical fitness. 2. Quality child care for up to 44 developmentally disabled youth ages 3 to 21 and older will be provIded through the same activity program outlined in 1. above. , ,. 3. Respite for families from caring for developmentally disabled youth/s will be provided for up to 44 such youngsters, aged 3 to 21 and older, by implementing the same activity program outlined in I. above. 4. Physical and emotional support to parents of clients deciding to raise their developmentally dIsabled ChIld as a contributing member of their family ane! the community. ATTACHMENT ;L I aleirftjsCOj'c, erzter. . . . . . for the growth of children with developmental disabilities aged 5 to 22 with rrental retardation and related conditions, cerebral palsy, epilepsy, and leaming disabi 1 iUes affecting social rPlatimstlips. OFFERING A STRUCTURED, ACCEPTING ENV I f[fJN~,jEtlT . where leaming takes place through leisure activities . umer tlie leadership of staff qualifil~ to work with the disabled . including age-appropriate sports, gares, crafts, dranE, music, Scouting, camunity outings, safety, and self-help skills training supporting fCJi1il ies through education advocacy, child care and respite services OPERATING YEAR'ROUND SINCE 1981 from 2 - ~m. school days 7 a.m. .. b p.lII. summer' and vacation days SUPPORTING KALEIDOSCOPE ACTIVITY CENTER IS IMPORTANT a lluws t ami 1 ies tu rUllldl II Lu~wtll('r enhances development of youth to become contributing members of family and commullity saves greater cost of institutionalization frees fami ly members to contribute valuilble skill'~ :n tilt' COfTIITlunity All Disabled CtijlclrE"l Nc'c.d ~1 \0\'1 i ng i ndepencJence - belliJ v i or f:lanacwmc'nt - r'('~ I""at i ufla i opt lOll s -- peer' lJr'oup f I'iendships - physica I tHnesc, -- self-I"~\f'(>rn (1[1(1 de(I'Il! dflC!' ~ opportunities to contribute to family and community ('OInt' r (1 ren 1. c, Nn('d I ifill' dway (resI'i\(:) from ttlP c.w;Lainpd c'xtr'donilfldry .i"II;,IIIII' ,t \'<lisill<l d di'.dl.\c,<I cllil<l dependable liudliLy 1.lli 1<1 edr'l' l.tlrolj(jllllul UJ(' ',(111),,1 di!I' YC'dl', help in ildvocating for services for their child additional parenting skills emotional support S_i_blj ng_s_JLe~;_d an opportunity to pursue their own lives Kaleidoscope Activity Center is a private non-profIt iJqency. 1),11'('\1\5 pay the r:quivlllent cllsl of normal ciln' ami recreation, \lJhile individual ane1 corporate <IOllC1Liow, tounclation lll(llrU~ dlJ(1 comlilunity tundraisers rniJk(~ up till' diffrTNlce. Mailin~ address: Location: Kl & K2, 74: ~, \IJ!"". "':'9 .~ C" *'~' f\i 11\':11 E~'T' " fft, 2- NEGATIVE DECLARATION FOR: PA 85-104 Kaleidoscope Child Care Center Conditional Use Permit (Pursuant to Public Resources Code Section 21000, et seq.) LOCATION AND PROPONENT: 7425 Larkdale Avenue Dublin, CA 94568 - . Evelyn King 7416 Brighton prive Dublin, CA 94568 -. DESCRIPTION: Conditional Use Permit to continue operation of a day care and activity center for a maximum of 44 developmentally disabled youth, ages 3 and older. FINDINGS: The project will not have a significant effect on the environment. INITIAL STUDY: The Initial Study is attached with a brief discussion of the following environmental components: Transportation Noise MITIGATION MEASURES: 1) Parking and student drop-off and pick-up will occur on site. 2) Outside activities shall not occur prior to 8:00 a.m. 3) School noise shall be controlled so as not to create a nuisance to adjoining residential neighborhood. PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning Staff, (415) 829-4916. SIGNATURE: Laurence L. Tong, Planning Director DATE: ATTACHMENT 3