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Home My WebLink About8.1 PA 09-033 Ravani Large Fam Day Care Home CUPC~~~ or C~p~~~~ iii ~~~//l ~~L/FOR~~~ AGENDA STATEMENT 1'L.,~~NNING COMMISSION MEETING DATE: November 24, 2009 SUBJECT: PUBLIC HEARING: PA 09-033 Ravani Large Family Day Care Home 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 4906 Winterbrook Avenue (Adjudicatory Action) Report prepared by Marnie R. Waffle, Senior Planner ATTACHMENTS: 1) 2) 3) 4) 5) Resolution approving a Conditional Use Permit to operate a Large Family Day Care Home and for a Parking Reduction for an Individual Use at 4906 Winterbrook Avenue. Aerial Map of 4906 Winterbrook Avenue. Applicant's Written Statement. Floor Plan. Public Works Memorandum dated November 18, 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 4906 Winterbrook Avenue. 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 zoning districts. A Large Family Day Care Home is defined as a home that provides care for up to 14 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 residence located at 4906 Winterbrook Avenue (see Attachment 2). The Applicant has requested approval of a Conditional Use Permit to operate a Large Family Day Care Home with up to 14 children. The Day Care Home would operate Monday through Friday between 8:00 a.m. and 5:30 p.m. and would have up to two, full-time employees consisting of the Applicant and a future employee who is assumed to live off-site. The property is zoned PD (Planned Development) and the General Plan Land Use designation is Single Family Residential. A Large Family Day Care Home is conditionally permitted in this PD Zoning District with the approval of a Conditional Use Permit by the Planning Commission. COPIES TO: Applicant File ITEM NO.: Page 1 of 6 G: IPA#120091P.9 09-033 Ravani Large Fami!}~ Day Care1PC Staff Report ll.2d.09.c%c ANALYSIS: The Conditional Use Permit allows the City to review projects and place Conditions of Approval on projects to ensure compatibility with surrounding uses. The proposed project has been reviewed for issues related to operating characteristics, noise and parking. Conditions of Approval have been proposed where appropriate to ensure compatibility. Noise Based on the Applicant's Written Statement (Attachment 3), the Large Family Day Care Home would operate between 8:00 a.m. and 5:30 p.m. Monday through Friday. Outside activities associated with the Day Care Home have been conditioned to occur no earlier than 9:00 a.m. and no later than 5:00 p.m. The Conditions of Approval also require that noise generated at the site be controlled so as not to create a nuisance to the surrounding residences (Attachment 1, Condition of Approval No. 4). Drop-off and Pick-up of C/iildren The Public Works Department visited the site to conduct an assessment of parking conditions as it relates to the drop-off and pick-up of children for the current Small Family Day Care Home. Over the course of the site visits, 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 hours of operation contained in the Applicant's Written Statement (Attachment 3), the drop- off and pick-up times are expected to occur between 8:00 a.m. and 8:30 a.m. and between 5:00 p.m. and 5:30 p.m. Parki~zg 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 residential dwelling, one parking space for each employee not residing in the home, and one loading space for every four children in the facility. Based on the Applicant's Written Statement (Attachment 3), the Large Family Day Care Home is required to provide a total of seven parking spaces (two parking spaces for the residential 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. 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 residential dwelling and the Large Family Day Care Home. The two parking spaces required for the residential dwelling would be provided in the garage and the Applicant would use these two parking spaces for parking personal vehicles. Two 2 of 6 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 an on-site parking deficiency of three spaces. However, additional on-street parking spaces are available in the immediate vicinity of the home for additional drop-off and pick-up of children (see Figure 2). to -I906 Winterbrool::9~~enue ~. While the on-street parking spaces are not considered part of the required off-street parking, this area is in the immediate vicinity of the subject property. It is reasonable to assume the area in the immediate vicinity of 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 5). The parking study was conducted on Wednesday, October 28, 2009, Thursday, October 29~" and Tuesday, November 17, 2009. The study showed that guardians take an average of 2-5 minutes to drop a child off in the morning and between 2-8 minutes to pick them up in the evening. The drop-off and pick-up times were staggered and there was no more than 1 car there at any given time. Based on the parking study, the City's Traffic Engineer determined that because: 1) the vehicles are present at the residence for such a short period of time; 2) the staggered drop-off and pick-up times; and 3) the additional 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 5). A Condition of Approval has been included in the draft Resolution (Attachment 1, Condition of Approval No. 10) that limits the number of personal 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 future employee and parents can use the driveway and on-street parking adjacent to the home during the hours the Day Care Home is in operation. 3 of 6 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 Single Family Residential in the General Plan and in the Eastern Dublin Specific Plan (EDSP) and is located in a PD, Planned Development Zoning District (PA 97-036). 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 Single Family Residential 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 Home 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. 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. 4 of 6 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 Home 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 4906 Winterbrook Avenue. 5 of 6 GENERAL INFORMATION: APPLICANT/ PROPERTY OWNER: Mausami Ravani 4906 Winterbrook Avenue Dublin, CA 94568 LOCATION: 4906 Winterbrook Avenue Dublin, CA 94568 ASSESSORS PARCEL NUMBER: 986-0011-073 GENERAL PLAN DESIGNATION: Single Family Residential SPECIFIC PLAN LAND USE: Eastern Dublin Specific Plan, Single Family EXISTING ZONING: PD (Planned Development, PA 97-036) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North Planned Development (PD) Single Family Residential Single Family Residential South Planned Development (PD) Single Family Residential Single Family Residential East Planned Development (PD) Single Family Residential Single Family Residential West Planned Development (PD) Single Family Residential Single Family Residential 6of6