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HomeMy WebLinkAbout01-03-1984 83-079 Kinhal Day Care Center CUP CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: January 3, 1984 SUBJECT: Planning Commission Planning Staff ~ !f PA 83-079 Kinhal Day-Care Center Conditional Use Permit TO: FROM: GENERAL INFORMATION PROJECT: Jay & Veena Kinhal's request for a Conditional Use Permit to allow a Day-Care Center, at 7872 Oxbow Lane APPLICANT, REPRESENTATIVE AND PROPERTY OWNER: Jay & Veena Kinhal 7890 Oxbow Lane Dublin CA 94568 LOCATION: 7872 Oxbow Lane ASSESSOR PARCEL NUMBER: 941-172-51 PARCEL SIZE: 6,600 sq. ft. EXISTING ZONING AND LAND USE: R-I-B-E (Single Family Combining District) Single Family house SURROUNDING LAND USE AND ZONING: North: South: Single Family residential, R-I-B-E Multi Family residential & office, c-o & R-S-D-20 Single Family residential, R-I-B-E Preschool Facility, R-I-B-E East: West: ZONING HISTORY: 10/19/1960- A Variance was granted by Alameda County to use the single family house as a temporary office for accounting and engineering services. This Variance expired on 10/19/1961. 1/28/1973 - A Conditional Use Permit was issued by Alameda County for the adjacent Dublin Preschool. This permit expires on 10/29/85. 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 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 cannot 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 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. ---------------------------------------------------------------------- ITEM NO. '7. J.. 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: Notice of the hearing was published in the Tri-Valley Herald, posted in public buildings, and mailed to surrounding property owners. ANALYSIS: The applicants are proposing to establish a day-care center for a maximum of 16 children, ages 2 - 5, at 7872 Oxbow Lane. According to the applicants, the day-care center will be an integral part of the Dublin preschool, located immediately to the west, which has been operating since 1973 and is licensed for 34 children, ages 2-12. The applicants indicate that the day-care center will operate from the hours of 6:00 a.m. to 6:00 p.m. The Kinhal's estimate that there will be a maximum of 15 vehicular visits between the hours of 7:00 a.m. to 10:00 a.m. and between 3:00 p.m. to 6:00 p.m. or a total of 30 vehicular trips per day. There is no written or graphic indication that the garage will be converted to a living or play area. The applicants further indicate that the existing Dublin preschool is at full capacity and there is a definite need for day-care facilities, particularily in light of the Bishop Ranch and Hacienda Business Park developments. There appears request: 1) the day-care to be two principal issues associated with this The appropriateness of the use & 2) The design of center. With respect to the appropriateness of the use, the day-care center, in-and-of-itself, would most likely have only a minimal impact on the residential character of the neighborhood. However, when viewed in connection with the adjacent Dublin Preschool, (licensed for 34 children), there is the potential to alter the single family residential character of the immediate neighborhood. If the request is approved, there will be a total of 50 children, ages 2-12, being accomodated in two houses which are immediately adjacent to each other. The level of vehicular traffic, noise, and general activity will be greater than that typically associated with two single family houses. It is possible that in the future the neighbors will complain about excessive traffic or noise. On the other hand, as the applicants indicate, there appears to be a legitimate need for day-care centers, particularly in light of the rapid commercial and industrial development in the Tri-Valley area. Due to the apparent need for day-care centers, it might be appropriate to allow the use for a one-year time period, after which the day-care center can be re-evaluated in context of any problems or complaints. Concerning the design for the day-care center, it appears that the applicants are not proposing to alter the exterior design of the house, convert the garage to a living or play area, pave the front yard for parking or provide signs. In this manner, the residential character of the structure will be maintained. If any modifications are planned in the future for either the structure or site, they should be subject to review and approval by Staff. Finally, it should be noted that if the request is approved, the applicants will be required to make certain interior improvements as deemed appropriate by the Building Inspection Department and D.S.R.S.D. for purposes of health and safety concerns. RECOMMENDATION FORMAT: 1) Hear Staff presentation 2) Open public hearing 3) Hear applicant & public presentation 4) Close public hearing 5) Adopt Resolution approving or denying request, or continue hearing ACTION: Staff recommends that the Planning Commission adopt the attnched, draft Resolution approving Jay and Veena Kinhal's request (PA 83-079) for a Conditional Use Permit to establish a day-care center at 7872 Oxbow Lane. ATTACHMENTS 1) Site plan 2) Justification of request 3) Location map 4) Draft Resolution COPIES TO Jay & Veena Kinhal 7890 Oxbow Lane Dublin CA 94568