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HomeMy WebLinkAboutPC Reso 08-06 Large Family Daycare PA08-001 RESOLUTION NO. 08-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME AT 2864 SABLE OAKS WAY (APN 985-0043-041) P A 08-001 WHEREAS, Hena Malik, submitted an application requesting approval of a Conditional Use Permit to operate a Large Family Daycare Home, for a maximum of 14 children, within an existing single- family residence in the PD (Planned Development) Zoning District, located at 2864 Sable Oaks Way; and WHEREAS, the application has been reviewed in acco:~dance with the provisions of the California Environmental Quality Act (CEQA) and the project is Statutorily Exempt per Section 15274 of the CEQA Guidelines, because it is a Large Family Daycare Home; and WHEREAS, the Planning Commission held a public hearing on said application on March 11, 2008; 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 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, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Daycare Home complies with State laws and City regulatioins 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 bw number of vehicle trips that may be generated by the project; ,md 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 excessive and the reduction in the required number of off-site loading spaces for a Large Family Daycare Home of 3 spaces is appro Jriate and will not result in a parking deficiency. B. The Large Family Daycare Home, 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 Hom~ will comply with all City of Dublin and State regulations; 2) the Large Family Daycare Home will be located at an existing single- family house; 3) the City of Dublin Zoning Ordinance defines a Large Family Daycare as a residential use and therefore the use is compatible with the neighborhood; and 4) the Daycare facility will be licensed by the State. C. The Large Family Daycare Home, 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, the hours of operation, and the hours in which outdoor activities can occur. 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, is located at an existing residential dwelling within a single-family residential neighborhood where such services are already provided and with adequate street access. E. The subject site is physically suitable for the type, density and intensity of the use being proposed because: 1) the Large Family Daycare Home will be located on an existing site; 2) the Daycare complies with State laws and City regulations that require the primary use of the site to be a single family residential use with the daycare as an accessory use 3) the site is bordered by single-family residential homes on all 4 sides; 4) 2 parking spaces and 2 loading spaces will be provided on-site; 5) Section 8.76.080.B of the Dublin Zoning Ordinance requi-es a total of 3 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, plm. 1 parking space for every employee not residing on site (1 parking space), plus 1 loading stall per every 4 children served by the facility (4 loading spaces); 6) the Dublin Zoning Ordinance permits a reduction in the required number of parking spaces when the required finding can be met; 7) the requested parking reduction for 3 loading spaces, has been determined to be warranted based on the capacity and width of Sable Oaks Way and the availability of loading spaces on Sable Oaks Way by our traffic engineer; and 8) 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. 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 Ordinance permits a Large Family Daycare in all residential zoning districts, including the PD in which the project site is located, with a Conditionallfse Permit approved by the Planning Commission or City Council, on appeal; G. The Large Family Daycare is consistent with the Dublin General Plan because: 1) the proposed use is permitted 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 will operate in such a manner as to limit impacts on the surrounding properties. BE IT RESOLVED THAT THE Dublin Planning Commission does hereby 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 sufficient. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 08-001, a Conditional Use Permit to operate a Large Family Daycare Home at 2864 Sable Oaks Way, as generally depicted by the Site Plan, Floor Plan and written statement dated received January 2, 2008 and February 13, 2008, stamped approved :md on file with the Dublin Planning 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 PI, Ongoing Standard P A 08-001 is to allow the operation of a Large Family Day Care Home at 2864 Sable Oaks Way 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 Division on January 2,2008 and February 13, 2008). 2. The maximum number of children present PI, Ongoing Standard at the daycare facility at anyone time shall not exceed 14. 3. The large family Daycare Home shall PI, Ongoing Standard operate Monday through Friday between the hours of7:30 a.m. and 6:00 p.m. 4. Children sounds shall be controlled so as PI, 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 n.m. 5. The operator of the Center shall require PI, Ongoing Standard that children remain either inside the Center or in the backyard for pickup by their parent or guardian. 6. Prior to the establishment of this use, the PI, Prior to Standard operator shall submit a copy of the establishment of approved State Department of Social approved use Services License Permit for the operation of a Large Familv Davcare Home. 7. On a continuous basis, the Applicant shall PI, 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. 8. This use shall comply with all applicable PI, Ongoing Standard Planning, Building, Alameda County Fire Department, Police Department, Dublin San Ramon Services District and State of 3 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY / REQUIRED DEPART. California Department of Social Services re!!Ulations and ordinances. 9. This approval shall be null and void in the PI, Ongoing Standard event the approved use fails to be established within one year, or ceases to ooerate for a continuous one-vear oeriod. 10. The occupants of the home shall have no PI, 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 loading. 11. The Applicant shall be responsible for PI, Ongoing Standard cleanup and disposal ofproject related trash in order to maintain a clean and litter free site. 12. No signage advertising the daycare home is PI, Ongoing Standard permitted. 13. No future modifications to the site or PI, 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. 14. At any time during the effectiveness of this PI, 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 15. The daycare may ha ve up to 14 children as F Ongoing Standard defined bv the licensing agency. 16. The daycare shall be limited to the first F Ongoing Standard floor and shall not use the garage. Barriers shall be utilized to prevent access to the upper floor. 17. 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. 18. The napping area shall have an access and F Ongoing Standard means of egress window as required by CBC 310.4. 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 19. Residential smoke detectors shall be r Ongoing Standard required in all areas used by the daycare. 20. A 2A1OBC fire extinguisher shall be kept r Ongoing Standard in the daycare area. 21. A manual pull station shall be maintained r Ongoing Standard in an approved location tied to a fire alarm signal that is 15 decibels above ambient noise levels. 22. Exit doors must be openable from the r 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 permitted. 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. 23. An address shall be provided on the house r 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) reclUirements. 26. The Applicant must apply for a City of PO Prior to Standard Dublin Business License. A copy of the establishement of approved State of California Community approved use Care license must be submitted. All employees, both paid and volunteer, shall complete a Mandated Reporter class and provide 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 members as reported back on the State of California CCL "Personnel Report". 28. The Applicant shall schedule a Safety PO Within 60 days 01 Standard Presentation with the Crime Prevention issuance of the Unit, anytime before the CUP is issued, or CUP within 60 days after issuance ofthe CUP. BUILDING CONDITIONS 29. All project construction shall conform to all B Through Standard building codes and ordinances in effect at Completion the time of building permit. 5 PASSED, APPROVED AND ADOPTED this 11 th day of March, 2e08. AYES: Wehrenberg, Biddle, King NOES: ABSENT: Schaub ATTEST: ABSTAIN: Tomlinson IUl~c I'.. Ch' P annmg omnlSSlOn alrperson r ~. 1JLD ger G:\P A#\2008\P A 08-001 Malik Lg Family Daycare CUP\PC Reso 3.11.08.doc 6