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Home My WebLink About03-16-1992 Item 8.1 92-007 Tots University CUP . . . TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: . .. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 16, 1992 Planning Commission Planning staff t:r 'tJvb~ Delmar Tompkins, project Planner ~. PA 92-007 Tots University Conditional Use Permit PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: SURROUNDING LAND USE AND ZONING: Conditional Use Permit request to allow the operation of a day care facility for a maximum of 34 children at 7890 Oxbow Lane Polly pagnini 98 Mariposa Court Danville, CA 94526 Jaiteerth B. & Veena Kinhal 239 Deborah Court Riverside, CA 92507 7890 Oxbow Lane 941-172-50 7,014 square feet Single Family Residential R-1-B-E Single Family Residential Combining District/Day care Facility North: Single Family Residential, R-1-B-E District Office, C-O District single Family Residential, R-1-B-E District Single Family Residential, R-1-B-E District South: East: West: ----------------------------------------------------------------- ITEM NO. 2>. \ COPIES TO: Applicant Owner Address File PAGEL OF Jb ZONING HISTORY: C-2567: C-2963: C-3888: PA 85-058: PA 88-088: PA 89-007: PA 89-098: . ~ On January 28, 1973, the Alameda County Zoning Administrator approved a Conditional Use Permit request to allow the operation of a preschool with a capacity of 30 children in an R-1-B-E District. On June 18, 1975, the Alameda County Zoning Administrator approved a Conditional Use Permit request to continue the operation of a preschool with an expanded capacity of 34 children in an R-1-B-E District. On October 29, 1980, the Alameda County Zoning Administrator approved a Conditional Use Permit request to continue the operation of a preschool with a capacity of 34 children in an R-l-B-E District. On August 5, 1985, the Dublin Planning Commission approved a Conditional Use Permit request to continue the operation of a preschool with a capacity of 34 children in an R-l-B-E District. On August 25, 1988, an application was submitted for a Conditional Use Permit request to continue the operation of a preschool with a capacity of 34 children in an R-l-B-E District. On January 23, 1989, this request was withdrawn by the Applicant. On March 6, 1989, an application was submitted for a Conditional Use Permit request to continue the operation of a preschool with a capacity of 34 children in an R-l-B-E District. On April 3, 1989, the Dublin Planning Commission continued consideration of this request indefinitely following a verbal withdrawal by the Applicant. On september 18, 1989, the Dublin Planning Commission approved a Conditional Use Permit request for the operation of a preschool with a capacity of 34 children in an R-l-B-E District. -2- PAGE ;L OF~ -~ APPLICABLE REGULATIONS: Section 8-26.3(a) of the Dublin zoning Ordinance states that community facility uses (which includes a day care facility, Section 8-20.10) in the R-l Zoning are subject to approval of a Conditional Use Permit. 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. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act guidelines. This use consists of the operation of an existing public facility involving no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the March 16, 1992 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use Permit approval to operate a day care facility for a maximum of 34 children at 7890 Oxbow Lane in an R-l-B-E Single Family Residential Combining District. A day care or preschool facility has been a conditionally approved use on this site since 1973. The previous day care facility at this location ceased operation on August 31, 1991, and there has been no subsequent tenant. The current application does not represent an expansion of the previously approved facility or use by increasing the maximum number of children allowed on the site at any time. The day care occupies a single family residence including the garage which has been converted to classroom space. The dwelling is no longer used for residential purposes and is used solely as a day care facility. The hours of operation are between 6:30 a.m. and 6:30 p.m. A security deposit was submitted by the property owner during the processing of PA 89-098 (previous tenant permit application) to ensure the restoration of the garage after the day care use has ceased. The Security Deposit Agreement has been updated for the current application. -3- PAGE~OF/)- '~-./ The project has been routed to other city Departments and the Department of Social Services of the State of California for review and comment. The police Department and Zoning Investigator have not received any complaints pertaining to this use. The previous tenant complied with the Fire Authority and Building Department codes. The Applicant is currently applying for the necessary licensing from the State Department of Social Services. Conditions are included in the Draft Resolution (Exhibit B) requiring continued verification of appropriate licensing and yearly participation in a Child Abuse Prevention Program approved by Dublin police Services. The project is in compliance with the Zoning Ordinance and the General Plan. Staff recommends approval of the Applicant's Conditional Use Permit request to allow the operation of the day care facility at 7890 Oxbow Lane subject to the conditions specified in the Draft Resolution (Exhibit B). RECOMMENDATIONS: FORMAT: 1) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Draft Resolution approving PA 92-007 Tots University Day Care, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the Draft Resolution (Exhibit B) approving the Conditional Use Permit for PA 92-007, Tots University Day Care. ATTACHMENTS: Exhibit A: Site Plan, Floor Plan Exhibit B: Draft Planning Commission Resolution approving the Conditional Use Permit for PA 92-007 Backqround Attachments: Attachment 1: Project Location/Zoning Map Attachment 2: Applicant's Written Statement Attachment 3: Security Deposit Agreement -4- PAGELoFE=. . --~ I Lot-. 75 ( ~(Oo , N k- -rrte~ ~ . 1.0 OOO'OCOOOO O:~j'O 0 00 8 :. ~,~ ~{) ()Q ~ ~ ~ \' ~, flrA " 1>' , "a~# '~~ t ,'.. ~ - .. "I '1 ~~ ~ '" ,t .... fIl!",(.~ f. ~ .. . '(.eJ ~vJ'.e)'- ~~y./~' ~ \, \l<'\ .;. ~~~ ~ .;l.;1.~; ~ I~ :). . A ~. C) 'ft...t< III ~.l. <: "3 0l- e l- V) 7a~'D ux-bavJ L..."'^l? ~'f'< . ~?/\ C\.:j~ "V t I "' or , O~BDv.> /.,I\I\}E. ~ ~ . l() ? A'l:)..7C07- RECEIVE'" " .; FES 07 1992 '{I DUBLIN PLANNING I', .:..'!Ij/ ~&'tc> Ox:~ . ~ . . EXHIBIT A PAGE 5' OF l.:l-. 1.$ 2 --- u 0 0 0 0 0 0 0 0'-"""'---7.0 U 0 0 0 0 0 . (. ys'f " .- - -c.-;;.:;------------"'. ~, "..:.~~IC~ o~'f.<l::;SI..... I;~''"''~I ~ ~ fR~''-~ ~ ,j -/...",;,,,.I'-D~; B- ~w 0 p.yll . _r . ~ ':'111 ;::>'. ~ .,IX-Sl\ H p:io'1 G I~ . I t~ {1i(I,j-~.". j . ~::"IV ~. ~... l' ~f\-r M n, ~ ~./ of "r;.1I< r ~,~TIl.'i ~ _ ~ v t;{ht,.x,!'S' ~i ~ ,f" ,... "'-"" <=-"Nlitl'~lo 0 r' t - t9 ~ .;l;l.~y(~ ~ ,... \:W /I.' ~ ofi "" .!l to ,)f Aii' . Ji~' 1~ \ (\l < 4s-~ ;~'JrI- \ ,0 ~fQ' J 'pS c.r.'\ 6 ,.I ~' c I,(.j ,,( ;.;, ( t l{fl (, PI'" II' IJ ,^ " (,'" ~(v '?\-1 r...... ';' <:> --------'T \ J U DxBovJ \...P<-l\JE- . /'J e tift(/' ,~(V' fl-, ~ ~lf.' ;'/!;.lll i C~.' '\ I I Y= I r.___.:;..-' i C'~ fi" L E) i C~I', I I c:".! I I G:.~"''' I I . c:~" I:J. ~ 113'Oi.--tF11DlCl ~ ," _ -\-- S~ . .. I """~ I 10 "'n j.. U ~-f''t' s"'.....1l::t ,(cCl::!.' . 11~ .... 1 ..>).. .. . ,J- I ~ -- ~ a -<l ~ 'It ~ ~ ~ ,- Ih'~ LANNING. Xh~ ~ . EXHI'BIT A rAGE.!e.-OF~" 2 .f- 2. -.-/ RESOLUTION NO. 92 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 92-007 TOTS UNIVERSITY DAY CARE CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY FACILITY) IN AN R-l-B-E, SINGLE FAMILY RESIDENTIAL DISTRICT AT 7890 OXBOW LANE WHEREAS, Polly pagnini submitted an application requesting approval of a Conditional Use Permit for the operation of a day care facility at 7890 Oxbow Lane in an R-l-B-E District; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 16, 1992; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1 of the State CEQA Guidelines; 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 hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The operation of the day care facility will serve a public need by providing, in part, for an existing need for child care facilities in the City of Dublin. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible to the type and nature of operations typically found in the neighborhood. C. The use, under all circumstances and conditions of this particular case, will not materially adversely affect 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, as 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. - 1 - EXHIBIT >> PAGElOF~ BE IT FURTHER R~LVED THAT THE Dublin Planl~g Commission does hereby conditionally approve PA 92-007, Tots University Day Care Conditional Use Permit application, as generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildinq permits or establishment of use, and shall be sub;ect to Planninq Department review and approval. The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. rPLl Planninq, rBl Buildinq, rpOl police, rpWl Public Works, rADM] Administration/City Attorney, rFINl Finance, rFl Douqherty Reqional Fire Authority, rDSRl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. 1. This Conditional Use Permit approval for PA 92-007 is to allow the operation of a day care facility at 7890 Oxbow Lane in an R-l-B-E Single Family Residential Combining District. This approval shall generally conform to the plans stamped approved, labeled Exhibit A, consisting of a Site Plan and a Floor Plan dated received by the Planning Department February 7, 1992. [PL] 2. The maximum number of children present at the day care facility at anyone time shall not exceed 34. [PL] 3. The hours of operation for the day care shall be limited to the hours between 6:30 a.m. and 6:30 p.m. [PL] 4. School noise shall be controlled so as not to the adjoining residential neighborhood. may take place before 8:00 a.m. [PL, PO] to create a nuisance No outside activities 5. Prior to the establishment of this use, the operator shall submit a copy of the State Department of Social Services License Permit for the operation of a day care. [PL] 6. On a continuous basis, the Applicant shall provide the City of Dublin Planning Department with current day care operating licenses issued by the State of California Department of Social Services. [PL] 7. The day care director shall, at the minimum of a once-a-year basis, make arrangements to have the Dublin police Services Child Abuse Prevention Program, or an equivalent program approved by Dublin police Services, presented to the Staff and children attending the two facilities. A certification of the presentation of such a program shall be presented to the Planning Department on a yearly basis. [PL, PO] 8. This use shall comply with all applicable Planning, Building, Dougherty Regional Fire Authority, police Department, and State of California Department of Social Services regulations and ordinances. [PL, B, F, PO] - 2 - PAGE L OF I~ - '-' 9. This approval shall be null and void in the event the approved use fails to be established within one year (March 26, 1993) or ceases to operate for a continuous one-year period. [PL] 10. If the use fails to be established within one year or upon termination of the day care use, the Applicant shall convert the structure to a single family residence with the garage accessible for parking cars. [PL, B] 11. The property owner has posted a cash deposit with the City of Dublin in the amount of $500.00 (five hundred dollars) to secure the faithful performance of Condition #10 (single family residence conversion). Said cash deposit shall guarantee that these funds will be available and that the instrument of credit will remain effective until termination of the day care use. [PL, FIN, B] 12. No future modifications to the site or exterior portion of the residence shall be done without prior review and approval of the Planning Director and must comply with all applicable zoning, building code and engineering regulations including issuance of building permits. [PL, B] 13. All signs shall be subject to the requirements of the sign regulations and Zoning Ordinance. In particular, Section 8-87.50 of the Ordinance states that a name plate sign shall be non- illuminated and shall not exceed two (2) square feet maximum sign area. [PL] 14. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. [PL] 15. This use shall be subject to zoning investigator review and determination as to compliance with the conditions of approval. [PL] 16. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 16th day of March, 1992. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 3 - PAGE.:L OF / ~ U' ML \OV: ~oN7' SY ~K :>1 S(.HOOL S ..J.HH Otc '\ '\ '\ , '\ '\ \ '\ '\ \ '\ '\ \ \ , \ \ PO \-1.1 c.c.Ord. Nil. I. .1.//""t~ 'G ' ;0 ~F ~ "c_ - February 4, 1992 Dublin City Planner Dublin, CA Re: Conditional Use Permit request for property located at 7890 Oxbow Lane in Dublin Dear Sir: The property will be used, as it was since 1973, as a child care facility. This will fill a need required by both single and married parents who work and need child care. The use will be properly related to other land uses in the area, as daytime activities will com- mensurate with the present use of properties in the neighborhood. The use will not adversely affect the health or safety of persons residing or working in the vicinity. The hours of operation will be from 6:30 am to 6:30 pm and will be limited to a maximum of 34 children. The maximum nymber of employees will be 3 morning teachers followed by 3 afternoon teachers. There will be no changes to the building or landscape other than cleaning it up and making it more desireable to the neighborhood. Sincerely, . fl~ ILJ'~' Polly pagnini fAqd,o 67. RECEIVED FES 07 1992 I&~D l)2'bC1-O~ DUBLIN PLANNING. AllACtIMENT 2 PAGE.!i- OF /.').. ""-' SECURITY DEPOSIT AGREEMENT This Agreement is made on March , 1992 between the City of Dublin "City" and Jay B. or Veena Kinhal("Property Owner"). 1. The Property Owner has agreed to reconvert the garage at 7890 Oxbow Lane to make it accessible for parking cars as identified in the Conditions of Approval for PA 92-007 Tots University CUP. Said improvements have not yet been completed because the daycare is still in use as approved under Planning Commission Resolution No: _, PA 92-007 Conditional Use Permit. 2. Planning Department zoning approval is a pre-requisite for Building Department final inspection and occupancy. 3. This Agreement provides for the deferment of said improvements on the site. Said deferment is effective as follows: All said improvements shall be completed subject to approval of the City of Dublin Planning and Building Departments upon termination of the day care use. 4. The Property Owner has submitted to the City, a security deposit in the amount of Five Hundred Dollars ($500) in the form of a Certificate of Deposit made to the City of Dublin with interest accruing to the purchaser, (dated received October 26, 1989). 5. In the event that said improvements are not completed within the time frame allowed by this Agreement, the Applicant agrees that, without further notice to the Applicant, the Planning Director and Public Works Director may use some or all of the security deposit to complete said work. 6. Upon satisfactory completion of said improvements, and at the request of the Applicant, the City shall release any remaining security deposit. 7. This agreement shall be binding on the heirs, successors, and assigns of the parties. APPLICANT. THE CITY OF DUBLIN: By By Signature Date Signature Date Name and Title Laurence L. Tonq, Planninq Director Name and Title AnACHMfMT 3 Organization Represented PAGE /)... OF /;2.