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HomeMy WebLinkAboutPC Reso07-51 Appv Dixon Large Family Daycare CUP PA07-018 RESOLUTION NO. 07 -51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME AT 5481 ASTERWOOD DRIVE (APN 986-0001-106) PA 07-018 WHEREAS, Leonard Dixon, submitted an application requesting approval of a Conditional Use Permit to operate a Large Family Daycare Home, for a maximum of 14 children, as a secondary use within an existing single-family residence in a Planned Development Zoning District, located at 5481 Asterwood Drive; 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, because it is a Large Family Daycare Home; and WHEREAS, the Planning Commission held a public hearing on said application on October 23, 2007; and WHEREAS, proper notice of said public hearing was given:n all respects as required by law; 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 and used their independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed operation of the Large Family Daycare 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, and therefore the required parking standards for a Large Family Daycare providing care for 14 children are exvessive and the reduction in the required number of off-site loading spaces for a Large Family Daycare Home of I space is appropriate and will not result in a parking deficiency. B. The Large Family Daycare Home use, including a parking reduction for 1 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; 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, and therelore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 14-child Large Family Daycare Ho~e of I space is appropriate and will not result in a parking deficiency. C. The Large Family Daycare Home use, including a parking reduction for 1 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 number of children outside at anyone time; 2) 2 required parking spaces and :I loading spaces will be provided on site; and 3) the parking reduction for I loading space is warranted based on the availability of loading spaces on Asterwood Drive and therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 14-child Larg'~ Family Daycare Home of I space is appropriate. 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 Daycare Home, including a parking reduction for I 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 therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 14-child Large Family Oaycare Home of I space is appropriate and will not result in a parking deficiency. E. The subject site is physically suitable for the type, density ana' intensity of the use being proposed because: I) the Large Family Daycare Home will be located on an existing site; 2) 2 parking spaces and 3 loading spaces will be provided on-site; 3) 2 parking spaces and L.. loading spaces are required but the reduction for I loading space is appropriate based on the existing street width and capacity and the availability of parking spaces along Asterwood Drive; 4) the site is bordered by single-family residential homes on 4 sides; 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 Daycare 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: I) Section 8.12.050 of the Dublin Zoning Ordinan,;e 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 (PA 97-036) 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 of 2 parking spaces and 4 loading spaces for the subject property to support the Large Family Daycare, based on the requirement that the dwelling unit have 2 parking spaces pltls I loading stall per every 4 children served by the facility (4 loading spaces); the 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 I loading space, has been determined to be warranted based on the capacity and width of Asterwood Drive and the availability of loading spaces on Asterwood Drive; 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 Home is consistent with the Dublin General Plan because: I) the proposed use is permitted with a Conditional Use Permit and meets the inten::ions of the zoning district in which it is located; and 2) as conditioned, the Large Family Daycare Home will operate in such a mannt<r as to limit impacts on the surrounding properties. BE IT RESOLVED THAT THE Dublin Planning C03lmission does hereby conditionally approve a parking and loading reduction of I off-street loading spa::e because the staggered drop-off and pick-up times typical of the Family Daycare Home will reduce parking and loading demand; and the number of on-street parking spaces in the project vicinity is sufficient to meet such demand. The Zoning 2 Ordinance parking requirements are, therefore, excessive in this case, and overflow parking will not adversely impact adjacent uses. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve P A 07-018, a Conditional Use Permit to operate a Large Family Daycare Home at 5481 Asterwood Drive, as generally depicted by the Site Plan, Floor Plan and Written Statement dated received May 23,2007, stamped approved and on file with the Dublin Planning Department, 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. Th,~ following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. PLANNING CONDITIONS 1. This Conditional Use Permit approval for FL Ongoing Standard P A 07-018 is to allow the operation of a Large Family Daycare Home at 5481 Asterwood Drive in a PD (Planned Development Zoning District). This approval shall generally conform to the project plans and statements stamped approved, consisting of a Written Statement, Site Plan and Floor Plan (Dated received by the Planning Department on May 23,2007.) 2. The maximum number of children present PL Ongoing Standard at the daycare facility at anyone time shall not exceed 14. 3. The Large Family Daycare Home shall PL Ongoing Standard operate Monday through Friday between the hours of7:00 a.m. and 6:00 p.m. 4. 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 6:00 p.m. 5. The operator of the Large Family Daycare PL Ongoing Standard Home shall require that children remain either inside the home or in the backyard for pickuo bv their parent or l!Uardian. 6. Prior to the establishment of this use, the PL Ongoing Standard operator shall submit a copy ofthe approved State Department of Social 3 NO CONDITION TEXT RESlPON. WHEN SOURCE AGENCY/ REQUIRED - DEPART. Services License Permit for the operation of a Large Familv Daycare Home. 7. On a continuous basis, the Applicant shall PL Ongoing Standard provide the City of Dublin Planning Department with a current Daycare operating license issued by the State of California Deoartment of Social Services. 8. This use shall comply with all applicable PL Ongoing Standard Planning, Building, Alameda County Fire Department, Police Department, Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. 9. This approval shall be null and void in the FL Ongoing Standard event the approved use fails to be established within one year, or ceases to ooerate for a continuous one-year oeriod. 10. The occupants of the home shall have no F'L Ongoing Standard more than two vehicles parked at the project site 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 oarent oarking. 11. If the Large Family Daycare Home employs PL Ongoing Section additional employees not residing in the 8.76.080B home; additional parking will be required oursuant to the Dublin Municioal Code. 12. 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. 13. No signage advertising the daycare home is PL Ongoing Standard permitted. 14. 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. 15. At any time during the effectiveness of this PL Ongoing Standard approval, the approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED ~ DEPART. FIRE CONDITIONS 16. The Daycare may have up to 14 persons as F Ongoing Standard defined by the licensing agency. 17. The Daycare is limited to the first floor and F Ongoing Standard shall not use the garage. Barriers shall be provided to prevent access to the upper floor. 18. The family room sliding door shall have a F Ongoing Standard landing that is the width of the door opening. CBC 1003.3.1.7. 19. The napping area shall have an access and F Ongoing Standard means of egress window as required by CBC 310.4. 20. Residential smoke detectors shall be F Ongoing Standard required in all areas used by the daycare. 21. Provide a 2A 1 OBC fire extinguisher in the F Ongoing Standard daycare area. 22. Provide a manual pull station in an F Ongoing Standard approved location tied to a fire alarm signal that is IS decibels above ambient noise levels. 23. Exit doors must be openable from the F Ongoing Standard inside without any special knowledge, effort, or the use of a key. 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 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 Ongoing Standard that is clearly visible from the street. POLICE CONDITIONS 25. The Applicant must be licensed and comply PO Ongoing Standard with all State of California Community Care Licensim! (CCL) reauirements. 26. 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. All employees, both paid and volunteer, shall complete a Mandated Reporter class and provide verification of such. 5 NO CONDITION TEXT RESPON. WHEN SOURCE AGE NCY/ REQUIRED ~ DEPART. 27. 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 back on the State of California CCL "Personnel Report" . BUILDING CONDITIONS 28. All project construction shall conform to all B Through Standard building codes and ordinances in effect at tht Completion time of building permit. 29. Electrical permit required for the B Ongoing Standard installation of the pull station. PASSED, APPROVED AND ADOPTED this 23rd day of October, 2007. AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King NOES: None ABSENT: None #Cit~ - Planning Commission Chairperson ATTEST: .--.J G:\PA#\2007\07-018 New Start Daycare\PC Reso 828.07.doc 6