HomeMy WebLinkAboutReso 005-98 CreativePlay CUP RESOLUTION NO. 5 - 98
A RESOLUTION OF ~ CITY COUNCIL
OF THE CITY OF DUBLIN
MODIFYING PA 96-026 A CREATIVE PLAYSCHOOL DAYCARE
CONDITIONAL USE PERMIT AT 6837 AMADOR VALLEY BOULEVARD
WIIEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval of PA 95-017 as subsequently modified by PA 96-026, A Creative
Playschool Conditional Use Permit, located at 6837 Amador Valley Boulevard; and
WI~lr~REAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and it was found that it was consistent with the Negative
Declaration adopted by the City Council on July 25, 1995 and that no new information has been
discovered requiring additional environmental review; and
Wl~-EREAS, the City Council held a public heating on said application for modification on
lanuary 6, 1998;
WItEREAS, proper notice of said public hearing was given in all respects as required by law; and
Wl~REAS, the StaffReport was submitted outlining all the pertinent facts; and
WI~EREAS, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, TItEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
that:
A. The modifications requested by the Applicant for the day care facility will-assist in its
serving a public need by providing day care in a residential neighborhood, in a convenient
location.
B. The use continues to be properly related to other land uses and transportation and service
facilities in the vicinity, as the Center will maintain the residential character of the residence. A
Creative Playschool is located on a comer lot and has convenient parking. A traffic study was
performed for the project and the applicants have contributed their fair share of traffic impact
fees.
C. The modifications of the Conditional Use Permit, under all circumstances and conditions
of this particular use, 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 modification is consistent with the specific intent clauses or performance standards
established in the K-1-B-E Zoning District.
E. The approval of the modification of the Conditional Use Permit will be consistent with the
Single Family Residential designation of the Dublin General Plan.
BE IT FIJRTI~R RESOLVED TIIAT TItE Dublin City Council does hereby approve the
modifications to PA 96-026 A Creative Playschool Conditional Use Permit application by replacing the
Conditions of Approval of Resolution No. 104-96 with the following conditions of Approval.
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, 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, [Eli Building, [PO] Police, [PW] Public Works
[Al)M] Adminlstrafion/CiW Attorney, [FIN} Finance, [FI Dougherty Regional Fire Authority_, [DSR]
Dublin San Ramon Services District, [CO] Alameda CounW Department of Environmental Health.
This Conditional Use Permit approval for PA 97-044 is to allow the operation of a daycare facility
at 6837 Amador Valley Boulevard in an R-1-B-E Single Family Residential Combining District.
This approval shall generally conform to the plans stamped approved, labeled Exhibit A,
consisting of"Alternative No. 1 Site Plan" dated June 29, 1995, and a "Floor Plan" dated May
30, 1995. [PL]
The maximum number of children present at the day care facility at any one time shall not exceed
30. [Pt,]
The day care shall operate Monday through Friday between the hours of 6:30 a.m. and 6:30 p.m.
and shall be closed on the weekends. The operator of the Center shall ensure that the arrival time
of children is prearranged and is on a staggered schedule.[pL]
Prior to receiving a business license, the applicant shall make all improvements indicated on the
site plan and floor plan, including but not limited to filling in the swimming pool, extension of the
driveway, and construction of an additional bathroom.
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Prior to receiving a business license, the applicant shall make all necessary improvements for an
"E" Occupancy in conformance with the Uniform Building Code.
6. Prior to receiving a business license, applicant shall:
ao
Provide a fire alarm system as per California Code of Regulations Section 3200 and
32004;
b. Provide one 2Al 0BC Fire Extinguisher;
c. Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C.
Children sounds shall be controlled so as not to create a nuisance to the adjoining residential
neighborhood. No outside activities may take place before 9:00 a.m. [PL, PO]
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10.
11.
13.
14.
15.
17.
18..
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, PO]
19.
There shall be a maximum of 10 children at a time in the backyard of the Center. When children
are in the backyard they shall be supervised by a Center employee at all times. If the Applicant
submits a noise study to staff demonstrating that an additional five children in the backyard do not
create a significant increase in noise levels, the Applicant may have a maximum of 15 children in
the backyard of the Center at any one time.
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]
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.
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, PO]
This use shall comply with all applicable Planning, Building, Alameda County Fire Department,
Police Depaitment, Dublin San Ramon Services District and State of California Department of
Social Services regulations and ordinances. [PL, B, F, PO, DsR]
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]
No further 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, BI
Signage shall be allowed on the site consistent with Exhibit G to the August 13, 1996, Staff
Report. Additionally, a vehicle sign shall be permitted consistent with the City's Sign Ordinance.
The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a dean and litter free site. [PL]
Two parking spaces in the existing garage and two parking spaces in the driveway shall be
reserved for employee parking. [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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20.
21.
Prior to issuance of building pem~its, Applicant shall voluntarily pay the traffic improvement
funds.
The Day Care Director shall not allow Center staff'or parents to park on Amador Valley
Boulevard.
PASSED, APPROVED AND ADOPTED this 6th day of January, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Barnes, Locl~hart, and Mayor Houston
Councilmember Burton
None
Councilmember Howard
G:~A97-044\CCresl
K2/1-6-98/resoplay. doc
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