HomeMy WebLinkAbout8.1 Attch 1 Reso CUP PA 09-033 Ravani Large Fam Day Care Home CUPRESOLUTION NO. 09 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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
(APN 986-0011-073)
PA 09-033
WHEREAS, Mausami Ravani, submitted an application requesting approval of a Conditional Use
Permit to operate a Large Family Day Care Home, for a maximum of 14 children, within an existing
single-family residence in the PD (Planned Development, PA 97-036) Zoning District, located at 4906
Winterbrook Avenue; and
WHEREAS, the application also includes a request for a Parking Reduction for an Individual Use
to reduce the parking requirement for a Large Family Day Care Home from seven parking spaces to four
parking spaces; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and the project is Statutorily Exempt per Section 15274 of
the CEQA Guidelines, because it is a Large Family Day Care Home; and
WHEREAS, the Planning Commission held a public hearing on said application on November
24, 2009; 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, as conditioned, is compatible with
other land uses, transportation and service facilities in the vicinity because: 1) the Large Family
Day Care Home complies with State laws and City regulations that require the primary use of the
site to be a single family residential use with the Day Care Hoene as an accessory use; 2) the noise
and traffic impacts will be minimized by restrictions on the hours of operation and the low number
of vehicle trips generated by the project; 3) a Large Family Day Care Home with up to 14 children
is a residential use within a single family dwelling; and 4) the City Traffic Engineer's parking
study determined that based on staggered drop-off and pick-up times and the short duration that
guardians vehicles are present at the project site, granting a reduction of three off-site parking
spaces will not result in a parking deficiency because adequate on-street parking spaces are
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ATTACHMENT 1
available immediately adjacent to the project site and due to their proximity to the project it is
reasonable to assume that these spaces would be used for drop-off and pick-up of children.
B. The Large Family Day Care Home, 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: 1) the Large Family Day Care Home will comply with all City of Dublin and
State of California regulations; 2) the Large Family Day Care Home will be located at an existing
single-family residence; 3) the City of Dublin Zoning Ordinance defines a Large Family Day Care
as a residential use and therefore the use is compatible with the neighborhood; and 4) the Day Care
facility will be licensed by the State of California.
C. The Large Family Day Care Home, as conditioned, will not be injurious to property or
improvements in the neighborhood because: 1) as conditioned, noise and traffic impacts will be
minimized by the Conditions of Approval which establishes limits on the number of children
enrolled, the hours of operation, and the hours in which outdoor activities can occur.
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 because: the Large Family Day Care Home is located within an
existing residential dwelling within asingle-family residential neighborhood where such services
are already provided and with adequate street access.
E. The subject site is physically suitable for the type, density and intensity of the use being proposed
because: 1) the Large Family Day Care Home will be located on an existing site; 2) the Day Care
Home complies with State laws and City regulations that require the primary use of the site to be a
single family residential use with the Day Care Home as an accessory use; 3) the site is bordered
by single-family residential homes on the north, south, east and west; 4) four parking spaces will
be provided on-site; 5) Section 8.76.080.B of the Dublin Zoning Ordinance requires a total of
seven parking spaces for the subject property to support the existing single family residence and
the Large Family Day Care Home, based on the requirement that the residential dwelling have 2
parking spaces, plus 1 parking space for every employee not residing on site (1 parking space),
plus 1 loading stall per every 4 children served by the facility (4 loading spaces); 6) the Dublin
Zoning Ordinance permits a reduction in the required number of parking spaces when the required
findings can be met; 7) the requested parking reduction for three loading spaces has been
determined to be warranted based on the capacity and width of Winterbrook Avenue and the
availability of loading spaces on Winterbrook Avenue by the City's Traffic Engineer; and 8) as
conditioned, the driveway will be required to be kept clean and free of the property owners cars in
order to provide adequate parking for the employee and parents and guardians of the children in
the Day Care Home.
F. The Large Family Day Care Home and parking reduction is not contrary to the specific intent
clauses, development regulations, or performance standards established for the zoning district in
which it is located because: Section 8.12.050 of the Dublin Zoning Ordinance permits a Large
Family Day Care Home in all residential zoning districts, including the Planned Development
Zoning District in which the project site is located, with approval of a Conditional Use Permit by
the Planning Commission or City Council, on appeal.
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G. The Large Family Da_y Care is consistent with the Duhlira General Plan because: 1) the use is
permitted with a Conditional Use Permit and meets the purpose and intent of the Planned
Development Zoning District in which it is located; and 2) as conditioned, the Large Family Day
Care Home will operate in such a manner as to limit impacts on the surrounding properties.
BE IT RESOLVED THAT THE Dublin Planning Commission does hereby approve a Parking
Reduction for an Individual Use to eliminate three required off-street loading spaces because the staggered
drop-off and pick-up times of a typical Family Day Care Home will reduce the parking and loading
demand and the number of on-street parking spaces in the project vicinity is sufficient.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 09-033, a Conditional Use Permit to operate a Large Family Day Care Home at
4906 Winterbrook Avenue, as generally depicted in the project plans and written statement dated received
October 2, 2009, stamped approved and on file in the Planning Division, subject to the conditions below.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of
the Large Family Day Care, and shall be subject to Planning Division review and approval. The
following codes represent those departments/agencies responsible for monitoring compliance of the
Conditions of Approval [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM]
Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
NO. CONDITIONS OF APPROVAL A enc
g y When
Re uired Source
PLANNING
1. Approval. This Conditional Use Permit approval for PA PL On-going Planning
09-033 allows for the operation of a Large Family Day
Care Home at 4906 Winterbrook Avenue in a Planned
Development Zoning District (PA 97-036). This approval
shall generally conform to the project plans and written
statement dated received by Dublin Planning on October
2, 2009.
2. Maximum Number of Children. The maximum number PL On-going Planning
of children present at the Day Care Home at any one time
shall not exceed 14.
3. Hours of Operation. The Large Family Day Care shall PL On-going Planning
operate Monday through Friday from 8:00 a.m.-5:30 p.m. DMC
The hours of operation may be increased in accordance 8.100.080
with the Conditional Use Permit Chapter, Section
8.100.080 (Amendments) of the Dublin Zoning
Ordinance.
4. Noise. All noise associated with the Large Family Day PL On-going Planning
Care Home shall be controlled so as not to create a
nuisance to surrounding residences. No outside activities
may take place before 9:00 a.m. or after 5:00 p.m.
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5. Supervision of Children. The Applicant shall ensure that PL On-going Planning
all children remain inside the home or within the backyard
at all times. All children shall be within the control of a
responsible adult when being dropped off and picked up.
No children shall be allowed to be outside the home
unsu ervised at an time.
6. Community Care License. The Applicant shall submit to PL, PO Prior to Planning
the Planning Division and Dublin Police Services a copy Establishing
of the approved State of California Community Care the Use
License Permit for the operation of a Large Family Day
Care.
7. Maintaining a Valid Community Care License. The PL On-going Planning
Applicant shall maintain a valid Community Care License
issued b the State of California at all times.
8. Compliance with Applicable Codes and Regulations. Various On-going Planning
The Applicant shall comply with all applicable Planning,
Building, Dublin Fire Prevention, Dublin Police, Dublin
San Ramon Services District and State of California
Department Community Care Licensing regulations and
ordinances at all times.
9. Null and Void. This Conditional Use Permit approval for PL Within 1 Planning
a Large Family Day Care Home shall be null and void in Year of
the event that the Large Family Day Care Home fails to be Approval
established within one (1) year of this Conditional Use Date/
Permit approval date, or ceases to operate for a continuous On-going
one- ear eriod after bein established.
10. Parking. The occupants of the home shall have no more PL On-going Planning
than two personal vehicles parked at the Project site
during the Large Family Day Care Home hours of
operation. The residential garage shall be kept free and
clear for the parking of two personal vehicles during the
Day Care Home hours of operation so that parking spaces
in the driveway and on-street in front of the home are
available for employee parking and loading/unloading of
children.
11. Clean Up and Disposal of Trash. The occupants of the PL On-going Planning
home shall be responsible for cleanup and disposal of all
trash associated with the Large Family Day Care Home in
order to maintain a clean and litter free site at all times.
12. Signage. No signage advertising the Large Family Day PL On-going Planning
Care Home shall be displayed at the Project site at any
time.
13. Future Site and/or Building Modifications. No future PL On-going Planning
modifications to the site or exterior portions of the
residence shall be made without prior review and approval
by the Director of Community Development; all
modifications must comply with all applicable Zoning,
Building Code and Engineering regulations including
issuance of Building Permits, Encroachment Permits or
an other a licable Permit.
14. Revocation. At any time during the effectiveness of this PL On-going DMC
Conditional Use Permit approval, the approval shall be 8.96.020.I
revocable for cause in accordance with Section 8.96.020.I
of the Dublin Zoning Ordinance. Any violation of the
terms or conditions of this permit shall be subject to
citation.
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FIRE
15. Compliance with Building and Fire Codes. The F On-going Fire
Applicant shall comply with all applicable Building and
Fire Codes. Site and Building plans shall be submitted for
review and a royal b Dublin Fire Prevention.
16. Smoke Alarms. The Applicant shall install a single F Prior to Fire
station residential type smoke alarm on each floor level, in Establishing
each bathroom and in all hallwa s outside of bedrooms. the Use
17. Fire Extinguisher. The Applicant shall install a 2A1 OBC F Prior to Fire
fire extinguisher in a visible location. Establishing
the Use
18. Manual Fire Alarm. The Applicant shall install one F Prior to Fire
manual fire alarm device which shall be audible Establishing
throughout the home at a minimum level of 15 decibels the Use
above ambient noise level. This device shall be attached
to the structure of the home and be distinctive in tone.
19. Gas Appliances. The Applicant shall ensure that every F Prior to Fire
gas fired water heater and/or furnace within the area used Establishing
for child care is enclosed and protected in such a way as to the Use/
prevent children from making contact with these On-going
a liances.
POLICE
20, Unscheduled Site Inspection. An unscheduled site PO Prior to Police
inspection of the premises is required prior to Establishing
establishment of the Lar e Famil Da Care Home. the Use
21. Business Site Emergency Response Card. The PO Prior to Police
Applicant shall complete a "Business Site Emergency Establishing
Response Card" and submit it to Dublin Police prior to the Use
establishin the Lar e Famil Da Care Home.
22. Compliance with Community Care Licensing PO On-going Police
Requirements. The Applicant shall comply with all State
of California Community Care Licensing requirements at
all times includin ,but not limited to, staff-to-child ratios.
23, City of Dublin Business License. The Applicant shall PO Prior to Police
obtain a City of Dublin Business License and shall renew Establishing
said License as required by the City for the duration of the the Use/
Lar e Famil Da Care. On- oin
24, Safety Barriers. The Applicant shall install safety PO Prior to Police
barriers to prevent children from accessing the upper level Establishing
of the home unattended. the Use/
On- oin
25. Security Ordinance Requirements. The Applicant shall PO Prior to Police
comply with all applicable City of Dublin Residential and Establishing
Non-Residential Security Ordinance requirements. the Use/
On- oin
26, Safety Presentation. Within 60 days of approval of this PO Within 60 Police
Conditional Use Permit, the Applicant shall schedule a days of
Safety Presentation with the Crime Prevention Unit by CUP
calling (925) 833-6670. The presentation is for the approval
Applicant and any employees of the Large Family Day
Care.
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PASSED, APPROVED AND ADOPTED this 24`x' day of November, 2009.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chair
Planning Manager
G:IPA#120091PA 09-033 Rnvnni Lnrge Fnmily Dny CnreIPCReso 11.24.09.doc
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