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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 Page 1 of 6 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. 2 of 6 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. 3 of 6 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. 4of6 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. 5 of 6 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 6 of 6