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Home My WebLink About8.1 PA 09-027 Public Hearing: Kidango Day Care l~.t (0F DpB~ STAFF REPORT PLANNING COMMISSION ~~LIFOR~~~ DATE: October 26, 2010 TO: Pianning Commission SUBJECT: PUBLIC HEARING: PA 09-027 Kidango Day Care Center Conditional Use Permit and Site Development Review Report prepared by Marnie Waffle, Senior Planner EXECUTIVE SUMMARY: The Applicant is requesting approval of a Conditional Use Permit for the operation of Kidango, a Day Care Center with up to 72 children, and Site Development Review for the establishment of an outdoor playground including chain link fencing, two shade structures and play equipment. The Day Care Center is located on a portion of the former Nielsen Elementary School site located at 7500 Amarillo Road. 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 5) Continue the project to a date uncertain. ~G~-- Submitted By: Reviewed By: Senior Planner Principal Planner COPIES TO: Applicant File ITEM NO.: Page 1 of 4 G: IPAk120091PA 09-027 Krndango CUP_SDRIPC Mrg 10.26.IOIPC Cont StafjReport 1016.I0.doc DESCRIPTION: Figure 1. Nielsen Elementary School Site ~ • . • The project site has a General ~ '¦s~~ n ' r r ~ Plan Land Use desiry ynation of r~: ~!1 Public/Semi-Public and is located Ie within an R-1 (Single Family Residential) Zoning District. f1N?~.~ r~~4 ,~,a Nielsen Elementary School is % currently closed and a portion of eL.2r~' the campus has been used for the operation of the Kidango Day c M1' ~ Care Center since May 2009. The Kidango Day Care Center was previously located at Arroyo Vista (6700 Dougherty Road) and was required to relocate due to the redevelopment of the site. _ ~,i•' .st ~ ~ . Kidango partnered with the Dublin . o , • . Unified School District to locate -~-a~? ,..y~r•.-~' - ~y.,; ~ their day care center on a portion jP _ of the Nielsen Elementary School site and was unaware of the requirement to obtain a Conditional Use Permit. Kidango obtained all required permits from the Community Care Licensing Division prior to beginning operations at Nielsen Elementary and in August 2009 submitted an application for a Conditional Use Permit. Kidango provides child care services for children 2.9 years of age up to first grade and currently operates within 3 classrooms (Rooms 8, 9 and 11) and one portable building (Room 32). Room 8 serves as the office and staff break room for the Day Care Center while Rooms 9, 11 and 32 provide classroom based child care. The Day Care Center is open Monday through Friday from 7am - 6pm and at peak enrollment (72 children) will have 12 employees. Approximately 5,000 square feet of the existing Elementary School playground has been designated for use by Kidango and is enclosed with a chain link fence. Two shade structures have been constructed within the play area to provide shade for the children. The project also includes the future construction of playground equipment which would also be located within the designated play area. The Dublin Zoning Ordinance defines a Day Care Center as a child day care facility that accommodates 15 or more children. Day Care Centers are subject to approval of a Conditional Use Permit by the Planning Commission in the R-1 (Single Family Residential) Zoning District. The Applicant is requesting a Conditional Use Permit for the operation of a Day Care Center with up to 72 children on a portion of the former Nielsen Elementary School site located at 7500 Amarillo Road (see Figure 1) and Site Development Review for an existing chain link fence, two accessory shade structures and the installation of new playground equipment on a portion of the existing asphalt playground. BACKGROUND: At the September 28, 2010 Planning Commission meeting Staff presented the above-described project. After receiving public comment and deliberating, the Planning Commission directed the 2 of 4 Applicant to meet with the neighbors to resolve project related issues regarding noise and privacy. The item was continued to the October 26, 2010 Planning Commission meeting. Since the September 28, 2010 Planning Commission meeting, the Applicant has met with the neighbors and submitted revised project plans which show the outdoor play area being relocated further away from the residences along Ladera Drive. The Applicant has also revised the project description to reflect current day care center operations. At this point the Applicant is awaiting approval from the property owner (Dublin Unified School District) on the new proposed location of the outdoor play area. Staff has reviewed the proposed changes and will proceed with a noise analysis to ensure that the new proposed location and extended hours of outdoor play will be in compliance with the City's General Plan Noise Element. Staff has obtained a scope of work and cost estimate from the City's noise consultant to prepare a revised noise analysis based on the revised proposal. The school district is currently reviewing Kidango's proposal to relocate the playground and should the District authorize the relocation, Staff will commence the noise analysis. The noise analysis will determine whether the project is consistent with the General Plan Noise Element and whether any mitigation measures will be required to minimize potential impacts. Staff will return to the Planning Commission once all issues surrounding noise and privacy have been analyzed. NOTICING/PUBLIC OUTREACH: A courtesy notice was mailed to all property owners and occupants within 300-feet of the project site informing them that at the October 26, 2010 Planning Commission meeting Staff would be requesting that the project be continued to a date uncertain. A Public Hearing Notice will be sent to all property owners and occupants within 300-feet of the project site once a new hearing date has been set for the Conditional Use Permit/Site Development Review application. ATTACHMENTS: None. 3 of 4 GENERAL INFORMATION: APPLICANT: John Fong Facilities & Operations Manager Kidango, Inc. 44000 Old Warm Springs Blvd Fremont, CA 94538 PROPERTY OWNER: Bradley D. Vereen Dublin Unified School District 7471 Larkdale Avenue Dublin, CA 94568 LOCATION: 7500 Amarillo Road ASSESSORS PARCEL NUMBER: 941-0101-003-03 GENERAL PLAN LAND USE DESIGNATION: Public/Semi-Public SPECIFIC PLAN LAND USE DESIGNATION: N/A SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North R-1 Single Family Residential South R-1 & PD Public/Semi-Public & Single Family Community Facility & Residential East R-1 Single Family & Parks Residential & Park West R-1 Single Family Residential 4 of 4