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Home My WebLink AboutPC Reso 98-08 PA97-045 Munchkin CUPRESOLUTION NO. 98 - 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-045 MUNCHKIN-CARE LARGE FAMILY DAY CARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT), SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AT 11586 ALEGRE DRIVE WHEREAS, Jay and Sushma Krishna submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Day Care Home, for a maximum of 12 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 application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No. 98- ) for this project as it will have no significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on said application on February 24, 1998; 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 Day Care Home is compatible with other land uses, transportation and service facilities in the vicinity because noise and traffic impacts will be minimized by hours of operation, the size and the design of the subdivision(s) adjacent to the project, the small amount of services consumed, and the Iow number of trips generated. B. The use 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 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 and the hours of operation and hours of pick-up and drop-off. 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. 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 Large Family Day Care Home 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 FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 97-045 Munchkin-Care Large Family Day Care Home 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 6 children in the day care center), and shall be subiect to Planninq Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [BI Buildinc~, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, ICO] Alameda County Department of Environmental Health. This Conditional Use Permit approval for PA 97-045 is to allow the operation of a daycare 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 dated received by the Planning Department on December 15, 1997. [PL] The maximum number of children present at the day care facility at any one time shall not exceed 12. [PL] The large family day care home 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] .. 10. 11. 12. 13. 14. 15. 16. The large family day care home shall have drop-off times of from 8:15 a.m. to 9:30 a.m. and pick up times of between 4:45 p.m. and 6:00 p.m. [PL] The plan indicates that the Family Room and a portion of the garage will be used for day care purposes. The playroom area must be sheetrocked and separated from the two care garage using the same requirements as those for an R-3 Dwelling. [F] Exits: Two exits are required. The playroom area must have an additional exit that does not direct the children into the garage. [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. [F] Smoke Detectors are required in all areas used by the day care. [F] Fire Extinguishers are required in the playroom adjacent to the garage and in the kitchen due to the floor plan. [F] 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. The inspection is also required by State Licensing. [F] Children sounds shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 8:00 a.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 Large Family Day Care Home. [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. [PL] 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] 17. 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, B, F, PO, DSR] 18. 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] 19. Any signage on the site shall be subject to the City's Sign Ordinance. [PL] 20. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. [PL] 21. Two parking spaces in the existing garage and one parking space in the driveway shall be reserved for employee parking. [PL] 22. No future modifications to the site or exterior portion of the residence shall be made without prior review of the Director of Community Development and must comply with all applicable zoning, building code and engineering regulations including issuance of building permits. [PL, B] 23. 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] PASSED, APPROVED AND ADOPTED this 24th day of February, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Musser, and Oravetz Cm. Hughes Director of Community Development Planning CommiSsion Chairp~son g:pa97045\cupreso