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HomeMy WebLinkAboutPC Reso07-50 Appv Glynn Large Family Daycare CUP PA07-012 RESOLUTION NO. 07 - 50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TQ OPERATE A LARGE FAMILY DAYCARE HOME AT 7060 LANCASTER ROAD (APN 941-0201-023) PA 07-012 WHEREAS, Natalie Glynn, submitted an application reqmsting approval of a Conditional Use Permit to operate a Large Family Daycare Home, for a maximum of'4 children, within an existing single- family residence in a R-I Zoning District, located at 7060 Lancaster Road; 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 l5274, 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 in 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 herein above set forth and used their independent judgnent 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 3 loading spaces, as conditioned, is compatible with other land uses, tmnsportation and service facilities in the vicinity because: I) the Daycare Home complies with State laws that require the primary use ofthe 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 revic;w 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 excessive and the reduction in the required number of off-site loading spaces for a Large Family Daycare Home of 3 spaces is appropriate and will not result in a parking deficiency. B. The Large Family Daycare Home use, including a parking reduction for 3 loading spaces. as conditioned, will not adversely affect the health or safety of persons "esiding or working in the vicinity. or be detrimental to the public health, safety and welfare because: I) the proposed Large Family Oaycare Home will comply with all City of Dublin and State regulations; 2) the Large Family Oaycare 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 daycllre 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 therefc.re, 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 Home of3 spaces is appropriate and will not result in a parking deficiency. C. The Large Family Daycare Home use, including a parking reduction for 3 loading spaces, as conditioned, will not be injurious to property or improvements i'1 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 hours in which outdoor activities can occur; 2) 2 required parking spaces and 2 loading spaces will be provided on site; and 3) the parking reduction for 3 loading spaces is warranted based on the availability of loading spaces on Lancaster Road and therefore the required parking standards ar'~ excessive and the reduction in the required number of off-site loading spaces for a 14-child Large Family Daycare Home of 3 spaces is appropriate. D. There are adequate provisions jor public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be derrimental to the public health, safety, and welfare because the proposed Large Family Daycare Home, including a parking reduction for 3 loading spaces, 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 Daycare Home of 3 spaces is appropriate and will not result in a parking deficiency. E. The subject site is physically suitable for the type, density and 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 2 loading spaces will be provided on-site; 3) 3 parking spaces and 4 loading spaces are required, but the reduction for 3 loading spaces is appropriate based on the existing street width and capacity and the availability of parking spaces along Lancaster Road; 4) the site is bordered by single-family residential homes on 3 sides and Valley High School on the fourth side; and 5) lhe 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 fur the zoning district in which it is located because: I) Section 8.12.050 of the Dublin Zoning Ordinance 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) 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 plus I loading stall per every 4 children served by the facility (4 loading spaces); the Dublin Zoning Ordinan::e permits a reduction in the required number of parking spaces when the required finding can be met; 3) the requested parking reduction for 3 loading spaces, has been determined to be warranted based on the capacity and width of Lancaster Road and the availability of loading spaces on Lancaster Road; and 4) 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 is consistent with the Dublin General Plan because: I) the proposed use is pennitted with a Conditional Use Permit and meets the intentions of the zoning district in which it is located; and 2) as conditioned, the Large Family Daycare Home wi! operate in such a manner as to limit impacts on the surrounding properties. BE IT RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve a parking and loading reduction of 3 off-street loading spaces 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 suffici ent. The Zoning Ordinance parking 2 requirements are, therefore, excessive in this case, and overflow parking will not adversely impact adjacent uses.~ BE IT FURTHER RESOL VED THAT THE Dublin Planning Commission does hereby conditionally approve PA 07-012, a Conditional Use Permit to openLte a Large Family Daycare Home at 7060 Lancaster Road, as generally depicted by the Site Plan, Floor Plan and written statement dated received June 20, 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. The following codes represent those departments/agencies responsible for monitoring compliance of Ihe 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 PL Ongoing Standard P A 07-012 is to allow the operation of a Large Family Daycare Home at 7060 Lancaster Road in a R -I 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 June 20,2007.) 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 of 7:00 a.m. and 6:30 p.m. 4. Childrens' 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 nickun by their parent or guardian. 6. The outdoor play area shall be located in the PL Ongoing Standard southeast area of the rear yard if this area is determined to be accessible and feasible by the State of California's Community Care LicensinQ. Division. 3 NO CONDITION TEXT RES][>ON. WHEN SOURCE AGENCY/ REQUIRED ~ DEPART. 7. Prior to the establishment of this use, the PL Ongoing Standard operator shall submit a copy of the approved State Department of Social Services License Permit for the operation of a Large Family Daycare Home. 8. 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 Department of Social Services. 9. This use shall comply with all applicable PL Ongoing Standard Planning, Building, Fire Department, Police Department, Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. 10. This approval shall be null and void in the PL Ongoing Standard event the approved use fails to be established within one year, or ceases to operate for a continuous one-vear period. ll. The occupants of the home shall have no PL 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 parent parking. 12. If the Daycare employs additional F'L Ongoing Section employees not residing in the home; 8.76.080B additional parking will be required pursuant to the Dublin Municipal Code. 13. The Applicant shall be responsible for f'L Ongoing Standard cleanup and disposal of project related trash in order to maintain a clean and litter free site. 14. No signage advertising the daycare home is f'L Ongoing Standard permitted. 15. 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. 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED ~ DEPART. 16. 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. [FIRE CONDITIONS 17. The Daycare may have up to 14 persons as F Ongoing Standard defined by the licensing agency. 18. The Daycare is limited to the first floor and F Ongoing Standard shall not use the garage. 19. 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. 20. The napping area shall have an access and F Ongoing Standard means of egress window as required by CBC 310.4. 21. Residential smoke detectors shall be F Ongoing Standard required in all areas used bv the daycare. 22. Provide a 2A I OBC fire extinguisher in the F Ongoing Standard daycare area. 23. 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. 24. 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 ii-om the inside without special knowledge or effort. 25. 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 Licensing (CCL) reauirements. 5 NO CONDITION TEXT RESJ>ON. WHEN SOURCE AGENCY/ REQUIRED - DEPART. 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 orovide verification of such. 27. Police Services will periodically make PO Ongoing Standard unannounced inspections of the facility and may require verification of fingerprint clearance for staff Illembers as reported back on the State of California CCL "Personnel Reoort." BUILDING CONDITIONS 28. All project construction shall conform to all B Through Standard building codes and ordinances in effect at the 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 ATTEST: None t1/~~ Planning Comnission Chairperson r \ V-- I~ G:\PA#\2007\07-018 New Slat1 Daycare\PC Reso 8.28.07.doc 6