HomeMy WebLinkAbout8.1 Samran Lrg Fam Day Care PLPA 2010-00020 G~~ OF DU~~
i9~ ~ STAFF REPORT
PLANNING COMMISSION
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DATE: August 24, 2010
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PLPA 2010-00020 Samran Large Family Day
Care Conditional Use Permit
Report prepared by Jamie Rojo, Assistant Planner and Mamie R. Waffle,
Senior Planner
EXECUTIVE SUMMARY:
The Applicants, Ranjit K. Samran and Dharminder Ghuman, have requested approval of
Conditional Use Permit for the operation of a Large Family Day Care Home and a Parking !
Reduction at 3930 Tamworth Court. The proposed Large Family Day Care is required to
provide four parking spaces (2 in enclosed garage per dwelling and 2 loading spaces). The
project site currently has finro spaces in the garage and one on-street loading space within 150
feet of the site. No parking is allowed in the driveway or along Tamworth Court. Therefore, a
parking reduction of 1 space is being requested. In accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations), the Zoning Administrator may grant a reduction in off-street
parking requirements when the proposed use would function differently than the generic use
type and associated parking standards established.
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 3930
Tamworth Court.
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Submitted By Re 'e ed By
Senior Planner Planning Manager
COPIES TO: Applicant/Property Owner
File
ITEM NO.:
G:~PA#~2010\PLPA-2010-00020 Samran Large Family Day Care\SamranPCStaff Report.doc
Page 1 of 7
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PROJECT DESCRIPTION: '
Background ,
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
Fi ure 1. Aerial Ma of3930 Tamworth Court 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 subject to a Zoning Clearance to be
Eleanor Murray reviewed b the Communit Develo ment
Fallon School y y p
Director and shall conform to the
Development Standards and Regulations
Tassajara Rd. eStabllSh@d in Chapter 8.66.030 (Attachment
1) of the Dublin Zoning Ordinance for Large
Family Day Care Homes. Any proposed
Large Family Day Care Home that does not
3930 Tamworth Court meet the Development Standards and
Regulations shall be subject to a Conditional
Use Permit to be reviewed by the Planning
Commission.
The Applicant is currently operating a Small Family Day Care Home in the single-family home
located at 3930 Tamworth Court (see Figure 1) and is requesting approval to operate a Large
Family Day Care at this location. The property is zoned PD (Planned Development) and the
General Plan designation is Medium-Density Residential.
As mentioned above, in order to qualify for a Zoning Clearance for a Large Family Day Care, the
use shall comply with the development standards and regulations established in Chapter
8.66.030. The proposed Large Family Day Care mee#s all of the development standards and
regulations established in Chapter 8.66.030 except for the parking requirements for a Large
Family Day Care. Therefore, the Applicant has requested approval of a Conditional Use Permit
to operate a Large Family Day Care Home with up to 14 children and for a parking reduction for
an individual use.
ANALYSIS:
The City of Dublin Zoning Ordinance (Chapter 8.66.030) contains development standards for a
Large Family Day Care. The development standards address operating characteristics such as
parking requirements, hours of operation, outdoor activity hours, the location of outdoor play
area, and licensing requirements.
Based on the Applicant's Written Statement (Attachment 2), hours of operation of the Large
Family Day Care will be from 7:30 a.m. to 5:30 p.m. and would have two, full-time employees
consisting of the Applicant and her mother-in-law, both of whom live on-site. Drop off and pick
up times will be staggered.
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Outside activities associated with the Day Care will be limited to the rear of the dwelling and will
occur at set times throughout the day (10:30 a.m. and 3:30 p.m.). Conditions of Approval have
been included in the attached Resolution (Attachment 3) requiring that noise generated at the
site be controlled so as not to create a nuisance to the surrounding residences also consistent
with Section 8.66.030.D of the Dublin Zoning Ordinance (Attachment 3, Condition of Approval
No. 3).
As previously stated, the proposed Large Family Day Care is consistent with the Development
Standards and Regulations contained within the Zoning Ordinance with the exception of the
parking requirements.
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 enclosed garage parking
spaces per dwelling, one space for each employee not residing in the home, and one loading
space for every six children in the facility. One loa~ing space may occur on-street if it is located
within 150 feet of the dwelling.
The proposed Large Family Day Care is required to provide a total of four parking spaces (two
enclosed parking spaces for the dwelling and two loading spaces). This requirement takes into
account that no employees live off-site. The project site has two enclosed off-street parking
spaces in the garage and one on-street loading space within 150 feet of the dwelling. The
project site does not have a driveway and on-street parking is not allowed on Tamworth Court or
the north side of East Chesterfield Circle resulting in a parking deficiency of one off-street
parking space. However, an additional seven on-street parking spaces are located on the south
side of East Chesterfield Circle across the street from the project site for additional parent drop-
off and pick-up (see Figure 2 on the next page).
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 four parking spaces are required for the proposed Large Family Day
Care.
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Figure 2. On-Street Parking within 150 feet of 3930 Tamworth Court
Project Tamworth Court
Site
Foxcroft
E. Chesterfield Circle Way
7 On-Street Parking Spaces
N
Parking is allowed on the south side of East Chesterfield Circle and no homes front this portion
of the roadway (west of Foxcroft Way). This area is directly adjacent to the subject property and
is within 150 feet of the property. It is reasonable to assume that south of East Chesterfield
Circle can and will be used to drop-off and pick-up children in lieu of on-site parking; 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).
The parking study was conducted on Wednesday, July 9, 2010 at 5:30 p.m. when neighboring
residents would likely be arriving home while children from the day care would be getting picked
up. In the memo provided by the City's Traffic Engineer, it is assumed that parents typically
park for a very short duration (between 5 to 10 minutes) to drop-off and pick-up their children. In
addition, as indicated in the written statement, the drop-off and pick-up times will be staggered.
Although some parents will be required to park across the street from the site along the south
side of East Chesterfield Circle, the City's Traffic Engineer has determined that parking volumes
are low enough that it is not problematic or unsafe for parents and their children to cross the
street.
Based on the parking study, the City's Traffic Engineer determined that because the vehicles
are present at the residence for short periods of time, the staggered drop-off and pick-up times,
and the seven loading spaces available on-street, there is sufficient parking available for the
Large Family Day Care Home and the reduction of one off-street loading space is appropriate
(Attachment 4).
A Condition of Approval has been included in the draft Resolution (Attachment 3, Condition of
Approval No. 10) requiring the Day Care operators to keep the garage free and clear for the
parking of their personal vehicles during the Day Care hours of operation to ensure that on-
street parking on East ChesterField Circle is available for the loading/unloading of children.
Condition of Approval No. 5 requires that all children be in the control of a responsible adult
when being dropped off and picked up to ensure the safety of the children.
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State of California Licensing ~
A Condition of Approval has been included in the draft Resolution (Attachment 3, 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 j
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 3, Condition of
Approval No. 7).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The Project site is designated Medium-Density Residential in the General Plan and in the
Eastern Dublin Specific Plan (EDSP) and is located in a PD, Planned Development Zoning
District (PA 95-030). The Planned Development Zoning District allows for the establishment of
a Large Family Day Care Home (up to 14 children) in accordance with the Zoning Ordinance
requirements. The proposed Large Family Day Care is consistent with the development
standards contained in Chapter 8.66.030 with the exception of parking. 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 operation, the duration and staggering of drop-off and pick-up of the
children, and the availability of on-street parking adjacent to the Project. Conditions of Approval
have been applied to the Projeet to ensure on-going compatibility befinreen the Large Family Day
Care Home and surrounding residential uses.
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 including Building Code requirements. Conditions of Approval
from these departments and agencies have been included in the attached Resolution
(Attachment 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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 been contacted by
one nearby resident who expressed concerns regarding parking.
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.
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ATTACHMENTS: 1) Development Standards and Regulations (Zoning I~
Ordinance Chapter 8.66.030).
2) Written Statement dated received June 23, 2010.
3) Resolution Approving a Conditional Use Permit to
operate a Large Family Day Care Home and for a
Parking Reduction for an Individual Use at 3930
Tamworth Court with the Project Plans dated received
May 21, 2010 included as Exhibit A.
4) Public Works Memorandum dated June 16, 2010.
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GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER: Ranjit K. Samran & Dharminder Ghuman
LOCATION: 3930 Tamworth Court
ASSESSORS PARCEL
NUMBER: 985-0022-031
GENERAL PLAN
LAND USE DESIGNATION: Medium-Density Residential
SPECIFIC PLAN
LAND USE DESIGNATION: Medium-Density Residential
ZONING: Planned Development (PA 95-030)
SURROUNDING USES:
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
Planned
North Development Medium-Density Residential Single-Family Home
(PD)
South PD Medium-Density Residential Single-Family Home
East PD Medium-Density F~esidential Single-Family Home
West PD Medium-Density Residential Single-Family Home
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