HomeMy WebLinkAboutReso 145-99 Munchkin AppealRESOLUTION NO. 145 - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
GRANTING APPEAL FROM DENIAL OF AND APPROVING PA 99-014
MUNCHKIN-CARE DAY CARE CENTER CONDITIONAL USE PERMIT REQUEST
FOR A DAY CARE CENTER SUBJECT TO LIMIT OF-20 CHILDREN IN A
PD (PLANNED DEVELOPMENT), SINGLE FAMILY RESIDENTIAL ZONING DISTRICT
AT 11586 ALEGRE DRIVE
WHEREAS, Jay and Sushma Krishna submitted an apPlication to request approval of a
Conditional Use Permit for.the operation of a Day care center, for a maximum of 30 children, as the
primary use within an existing single-family residence in a PD (Planned Development), Single Family
Residential Zoning District, located at 11586 Alegre Drive; and
WHEREAS, the Planning Commission conducted a public hearing on June 22, 1999'to consider
said application; and
W~REAS, following the public heating the Planning Commission adopted Planning Commission
Resolution 99-25 denying the application; and
WI~EREAS, the Applicants timely appealed from the Planning Commission's denial; and
WI:IEREAS, the City Council conducted a public hearing to consider Said appeal on July 20, 1999;
and
WItlr~REAS, 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 a Negative Declaration has been adopted by the City Council for
this project as it will have no significant effect on the environment; and
Wl:IEREAS, the City Council considered all testimony received at the public hearing, together
with the Agenda Statement and all correspondence received at the July 20, 1999, public heating; and
W[IEREAS, the City Council grants the Applicant's appeal from the denial of the Conditional Use
Permit, subject to conditions of approval set forth below.
NOW, TItEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
that:
A. The proposed operation of the day care center is compatible, as conditioned, with other
land uses, transportation and service facilities in the vicinity because noise and traffic impacts will
be minimized through limits on the number of children, the hours of outdoor play, the hours of
operation and hours of pick-up and drop-off
B. The use, 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 all local
and State regulations will be met.
C. The use as conditioned, will not be inJUriOUS to property or improvements in the
neighborhood because the day care home will minimize noise impacts and traffic impacts through
limits on the number of children, the hours of outdoor play, the hours of operation and hours of
· pick-up and drop-off.
D. There are adequate provisions for pubhc 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.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed.
F. The Munchkin-Care Day Care Center as conditioned, is not contrary to the specific intent
clauses, development regulations, or performance standards established for the zoning district in
which it is located because it is a residential use.
BE IT FURT}IER RESOLVED THAT THE Dublin City Council does hereby approve PA 992
014 Munchkin-Care Day Care Center 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 building
permits or establishment of use (having more than 12 children in the day care center), and shall be subject
to Planning Department review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [BI Building, [PO]
Police, [PW] Public Works [ADM] Administration/City AttOrney, [FIN] Finance, IF] Alameda County Fire
Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of
Environmental Health.
This Conditional Use Permit approval for PA 99-014 is to allow the operation of a Day Care facility at
11586 Alegre Drive in a PD Single Family Residential Zoning District. This approval shall generally
conform to the plans stamped approved, labeled Exhibit A, consisting of a Site plan and Floor Plan
stamped received by the Planning Department on April 28, 1999 and shall be subject to the following
conditions.
The maximum number of children present at the day care facility at any one time shall not exceed
twenty (20). [PL]
The day care center shall operate Monday through Friday between the hours of 7:00 a.m. and 6:00
p.m. and shall be closed on the weekends. [PL]
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The day care center shall have drop-ofttimes from 7:00 a.m. to 9:30 a.m. and pick up times
between 3:30 p.m. and 6:00 p.m. [PL]
Pursuant to the commitment of the Applicants to do so, the Applicants shall prepare a "Munchkin
Care Parking and Driving Safety Agreement" to the satisfaction of the Director of Community
Development that is signed by all parents. The document shall require customers to:
· Limit speeds on Alegre Drive to no more than 10 miles per hour,
· Limit drop-off and pick-up parking to three spots on the driveway at 11586 Alegre Drive
and one on-street parking place at 11586 Alegre drive,
· Prohibit obstruction of neighboring driveways,
· Limit drop-off and pick-up times to a maximum of 10 minutes,
· Provide for fines for parents for violations. [PL]
No modifications to the residence at 11586 Alegre Drive may occur that take away from the garage
or the residential areas of that residence. [eL]
No signage shall be permitted for the day care center. [PL]
The play area that was created from the conversion of a garage parking space shall be converted
back to a garage parking space by the time more than 12 children are permitted in the center. [PL]
Applicants and day care center staff shall park in garaged spaces but shall not park on Alegre Drive.
[eLI
The three garage parking spaces shall be reserved for use by the day care center staff during
operational hours. [PL]
The gate entry shall be repaired to minimize noises and shall be kept in good repair. [PL]
The main entry to the residence shall be used as the entry to the day care facility. [PL]
Sounds made by children shall be controlled so as not to create a nuisance to the adjoining
residential neighborhoodl [eL]
Outside play activities shall only take place during the hours of 9:00 a.m. to 10:00 a.m. and 3:00
p.m. to 5:00 p.m. [PL]
The operator of the Center shall require that children remain either inside the Center or in the
backyard for pickup by their parent or guardian. [PL]
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 center. [PL]
On a continuous basis, the Applicant shall provide the City of Dublin Planning Department with a
current day care operating license issued by the State of California Department of Social Services.
[eL]
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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 facility. A certification of
the presentation of such a program shall be presented to the Planning Department on a yearly basis.
[PL]
This use shall comply with all applicable Planning, Building, Alameda County Fire Department,
Police Department, Dublin San Ramon Services District and State of California Department of
Social Services regulations and ordinances. [PL]
Illuminated exits and exit signs are required. [F]
Exit Hardware. Exit doors must be openable from the inside without Special knowledge or the use
of a key. Slide locks, chains, etc. are not allowed. For security purposes, a single action
deadbolt/door lock may be used. Note: This applies to the rear yard gate also. [FI
Exits: If each room does not have an exit directly to the exterior, then the corridor will be required
to be one-hour rated. The minimum corridor width is 36 inches. Exit doors shall be of the hinged
type and shall have proper hardware. [F]
Smoke Detectors. Smoke detectors in the common atmospheres are required and shall be
connected to the fire alarm. IF]
If a fire alarm is not required pursuant to conditions 10 or 11, then an early warning notification
device shall be installed. Type and location may be field coordinated. [F].
Fire Extinguishers are required in the playroom adjacent to the garage and in the kitchen due to the
floor plan. [FI
Fire Alarm Device is required to be mounted to the structure and shall be audible throughout the
structure. [F]
An on site inspection is required prior to Fire Department approval. The inspection fee is $80.00.
State Licensing also requires the inspection. [F]
This approval shall be null and void in the event the approved use fails to be established within one
year, or ceases to operate for a continuous one-year period. [PL]
The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a clean and litter free site. [PL]
At any time during the effectiveness of this 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. [PL]
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PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999.
AYES:
NOES:
ABSENT:
Councilmember McCormick, Vice Mayor Lockhart and Mayor Houston
Counciimembers Howard and Zika
· None
ABSTAIN: None
ATTEST:
Mayor
City Clerk
K2/G/823-99/reso-munchMncup. doc
g:pa99014\cccupresoapproval
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