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HomeMy WebLinkAbout8.2 PA 09-020 Khan Lrg Fam DaycareG~?~ Ot. AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: August 11, 2009 IFOR SUBJECT: PUBLIC HEARING: PA 09-020 Khan Large Family Day Care Conditional Use Permit to operate a Large Family Day Care Home (up to 14 children) and for a Parking Reduction for an Individual Use at 4907 Grayhawk Court (Adjudicatory Action) Report prepared by Marnie R. Waffle, Senior Planner ATTACHMENTS: 1) Resolution approving a Conditional Use Permit to operate a Large Family Day Care Home and for a Parking Reduction for an Individual Use at 4907 Grayhawk Court. 2) Applicant's Written Statement. 3) Floor Plan. 4) Public Works Memorandum dated June 11, 2009. RECOMMENDATION: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the Applicant and the public; 4) Close the Public Hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit to operate a Large Family Day Care Home and for a Parking Reduction for an Individual Use at 4907 Grayhawk Court. PROJECT DESCRIPTION: The City of Dublin Zoning Ordinance regulates Small and Large Family Day Care Homes in residential zoning districts. A Small Family Day Care Home is defined as a home that provides care for up to eight children and is permitted by right in all residential Figure 1. Aerial Map of 4907 Gravhavrl: Court zoning districts. A Large Family Day Care Home is defined as a home that provides care for up to 14 1F ? ??? Dubl ln Ranch children and is conditionally permitted in residential zoning districts upon approval of a Conditional Use Permit (CUP) by the Planning Commission. The Applicant is currently operating a Small Family Day Care Home in the single-family home located at 4907 Grayhawk Court (see Figure 1). The Applicant has requested approval of a Conditional Use Permit to operate a Large Family Day Care Home with up to 14 children. 117 VLC II VII IU ITEM NO.: Page 1 of 6 G:\PA#\2009\PA 09-020 Grayhawk Court Daycare\PC Staff Report 08.11.09.doc COPIES TO: Applicant File The Day Care would operate Monday through Friday between 8:30 a.m. and 5:00 p.m. The Large Family Day Care Home would have two, full-time employees consisting of the Applicant and her mother, both of whom live on-site or the Applicant and one employee who would live off-site. The property is zoned PD (Planned Development) and the General Plan designation is Low Density Residential. A Large Family Day Care Home is conditionally permitted in this Zoning District with the approval of a Conditional Use Permit by the Planning Commission. ANALYSIS: Noise Based on the Day Care Schedule provided in the Applicant's Written Statement (Attachment 2), the Day Care would operate on a morning schedule and an afternoon schedule. Children would begin arriving at the Day Care at 8:30 a.m. and depart at 11:30 a.m. At 12:30 p.m. children would begin arriving for the afternoon schedule and would depart at 3:30 p.m. Outside activities associated with the Day Care would occur at set times throughout the day (10:00 a.m. for the morning schedule and 2:00 p.m. for the afternoon schedule). Conditions of Approval have been included in the attached Resolution (Attachment 1) requiring that noise generated at the site be controlled so as not to create a nuisance to the surrounding residences and prohibiting outside activities before 9:00 a.m. and after 5:00 p.m. (Attachment 1, Condition of Approval No. 4). Drop-off and Pick-rip of Children The Public Works Department visited the site to conduct an assessment of traffic and parking conditions as it relates to drop-off and pick-up for the current Small Family Day Care Home. Over the course of the site visit, it was observed that parents typically drop-off and pick-up their children at staggered times which reduces the concentration of vehicles arriving and departing from the house at any given time. Based on the Applicant's Written Statement (Attachment 2), the drop-off and pick-up times would continue to be staggered during set times in the morning, mid-day and late afternoon (see Table 1). Table 1. Drop-Off and Pick-Up Times Drop-Off Pick-up 8:30am-9:00am 11:30am-noon 12:30pm-1:00pm 3:30pm-4:00pm Parking The City of Dublin Zoning Ordinance contains parking requirements by Use Type (Section 8.76.080). A Large Family Day Care Home is required to provide two parking spaces for the dwelling, one parking space for each employee not residing in the home, and one parking space for every four children in the facility. Based on the Applicant's Written Statement (Attachment 2), the Large Family Day Care is required to provide a total of seven parking spaces (two parking spaces for the dwelling, one parking space for the employee not residing in the home, and four loading spaces). The Project site has four off-street parking spaces: two spaces in the garage and two spaces in the driveway, resulting in a shortage of three off-street parking spaces. 2 of 6 Section 8.76.050.E of the Off-Street Parking and Loading Regulations allows for a Parking Reduction for an Individual Use if it can be shown that: 1. The Conditional Use Permit findings can be made; 2. The Applicant submits a parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the demands of similar uses in similar situations, demonstrating that the required parking standards are excessive, and proposing alternative parking standards which are appropriate and ensure that there will not be a parking deficiency; and 3. Overflow parking will not impact any adjacent use. As noted above, a total of seven parking spaces are required for the dwelling and the Large Family Day Care. The two parking spaces required for the dwelling would be provided in the garage and the Applicant would use these two parking spaces for parking personal vehicles. Two additional parking spaces are provided on-site in the driveway; the employee who does not reside in the home would park in the driveway leaving one additional off-street parking space in the driveway for parents to drop-off and pick-up their children. Four of the seven required parking spaces would be provided on-site resulting in a on-site parking deficiency of three spaces. However, an additional three to five on-street parking spaces are available immediately adjacent to the home for additional parent drop-off and pick-up (see Figure 2 below). k Court While the three to five on-street spaces are not considered part of the required off-street parking, this area is directly in front of the subject property. It is reasonable to assume the area adjacent to the property can and will be used to drop-off and pick-up children; however, in order to determine whether it is appropriate to allow a reduction in off-street parking, a parking study was conducted by the City's Traffic Engineer (Attachment 4). 3 of 6 The parking study was conducted on Thursday, May 28, 2009 between 8:30 a.m. and 9:00 a.m.; 12:30 p.m. and 1:00 p.m.; and, between 3:30 p.m. and 4:00 p.m. The study showed that guardians take an average of two to five minutes to drop a child off in the morning and between two to eight minutes to pick them up in the evening. The drop-off and pick-up times were staggered and there were not more than two guardians vehicles at the home at any given time. Based on the parking study, the City's Traffic Engineer determined that because the vehicles are present at the residence for such a short period of time, the staggered drop-off and pick-up times, and the three to five loading spaces available on-street, there is sufficient parking available for the Large Family Day Care Home and the reduction of three, off-street loading spaces is appropriate (Attachment 4). A Condition of Approval has been included in the draft Resolution (Attachment 1, Condition of Approval No. 10) that limits the number of vehicles the Applicant can have on-site and requires the garage to remain clear for the parking of the Applicant's vehicles so that the employee and parents can use the driveway and on- street parking adjacent to the home during the hours the Day Care is in operation. Licensing A Condition of Approval has been included in the draft Resolution (Attachment 1, Condition of Approval No. 6) requiring the Applicant to submit a copy of the State of California Department Community Care License Permit for the operation of a Large Family Day Care Home for verification purposes, prior to establishment of the use. The Conditions of Approval further require the Applicant to maintain a valid License at all times (Attachment 1, Condition of Approval No. 7). REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 1). PUBLIC NOTICE: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project site is designated Low Density Residential in the General Plan and Single Family in the Eastern Dublin Specific Plan (EDSP) and is located in a PD, Planned Development Zoning District (PA 96-038). The Planned Development Zoning District allows for the establishment of a Large Family Day Care Home (up to 14 children) as a conditional use and is consistent with the Low Density Residential and Single Family land use designations within the General Plan and ESDP. With the approval of a Parking Reduction for an Individual Use, the Project meets the requirements of the Off-Street Parking and Loading Regulations contained within the Dublin Zoning Ordinance. A parking study was prepared by a qualified traffic engineer affirming that a reduction in parking for the Large Family Day Care Home is appropriate based on the operating characteristics of the Day Care including the hours of drop-off and pick-up of children, the duration that drop-off and pick-up occurs, and the availability of on-street parking adjacent to the Project. Conditions of Approval have been applied to the Project to ensure on-going compatibility between the Large Family Day Care Home and surrounding residential uses. 4of6 ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Statutorily Exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15274, because the project is a Large Family Day Care Home. CONCLUSION: The proposed Large Family Day Care Home represents an appropriate use for the project site and provides a needed service within the community. Conditions of Approval have been included in the draft Resolution addressing noise, traffic and parking to ensure on-going compatibility with surrounding residential uses. The Day Care will be properly licensed and no complaints have been received regarding the existing Small Family Day Care Home that is currently in operation. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the Applicant and the Public; 4) Close the Public Hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit to operate a Large Family Day Care Home and for a Parking Reduction for an Individual Use at 4907 Grayhawk Court. 5 of 6 GENERAL INFORMATION: APPLICANT/ PROPERTY OWNER: Zainab Khan 4907 Grayhawk Court Dublin, CA 94568 LOCATION: 4907 Grayhawk Court Dublin, CA 94568 ASSESSORS PARCEL NUMBER: 985-0031-034 GENERAL PLAN DESIGNATION: Low Density Residential EXISTING ZONING PD (Planned Development, PA 96-038) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND CURRENT USE OF PROPERTY USE North Planned Open Space Dublin Ranch Gold Course Development (PD) South Planned Low Density Residential Single Family Residential Development (PD) East Planned Low Density Residential Single Family Residential Development (PD) West Planned Parks/Public Recreation Vacant Development (PD) 6 of 6