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Home My WebLink About8.1 PA 09-027 Kidango Day Care Center CUP OFF Q ui//~~~i~? STAFF REPORT s ~82 PLANNING COMMISSION 04LIFOR~~~ DATE: December 14, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARING: PA 09-027 Kidango Day Care Center Conditional Use Permit and Site Development Review 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 play area 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. On September 28, 2010 the Planning Commission held a Public Hearing and continued the project and directed the Applicant to resolve noise and privacy issues with the neighbors. The project has since been modified to address the direction from the Planning Commission. 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 and Site Development Review for the Kidango Day Care Center. Submitted By: v Revi ed By: Senior Planner Planning Manager COPIES TO: Applicant File 00 ITEM NO.: • Page 1 of 8 C:IPA#k 20091PA 09-027 Kindango CUP_SDRIPC 12.14.101PCSR 12.14.10. doe DESCRIPTION: Background Figure 1. Neilson Elementary School Site oil The project is located at 7500 Amarillo Road on a portion of the , - h ~.I} r r - • ray,E" , a former Nielsen Elementary School wr •,rLc- ` a "s•" site and has a General Plan Land 4 ' 7:+f• Use designation of Public/Semi- tN? el, 4'~t` Public and is zoned R-1 (Single . Family Residential). Day CareJJJ~ Centers require a Conditional Use ~••r.~- ne. Permit in the R-1 Zoning District. The Kidango Day Care Center was previously located at Arroyo P f ! 4 Vista (6700 Dougherty Road) and was required to relocate due to the redevelopment of the site. '"tea u~a~ • ; y` 6 ` gaol/,`: In March 2009, Staff met with .~''r Dublin Unified School District +...ti~war -;`'"r=-~' regarding Kidango's relocation from Arroyo Vista to the Nielsen Elementary School site and notified them of the requirement for a Conditional Use Permit. The School District began compiling the application materials but subsequently transferred the responsibility for filing the Conditional Use Permit application to Kidango. In May 2009, Kidango established an outdoor play area consisting of two shade structures and a chain link fence and began operations at Nielsen Elementary. In August 2009 Kidango submitted an application for a Conditional Use Permit to operate the Day Care Center and Site Development Review for the existing shade structures and chain link fence and for new playground equipment. In July 2010, Kidango installed new playground equipment within the existing play area and on September 28, 2010, the Conditional Use Permit and Site Development Review were presented to the Planning Commission (Attachment 1). After receiving public comment and deliberating, the Planning Commission directed the Applicant to meet with the neighbors to resolve project related issues regarding setbacks, noise and privacy (Attachment 2) The item was continued to the October 26, 2010 Planning Commission meeting. At the October 26th meeting, the Planning Commission continued the item to a date uncertain while Kidango worked with the Dublin Unified School District to identify a new location for the outdoor play area. Since the October 26, 2010 Planning Commission meeting, Kidango has identified a new location for the outdoor play area and obtained approval from the School District to relocate it. The Applicant has also met with surrounding neighbors to discuss the proposed location of the play equipment. Project Description Kidango provides child care services for children 2.9 years of age up to first grade and currently 2of8 operates within 3 classrooms (Rooms 8, 9 and 11) and one portable building (Room 32) (Attachment 3). Room 8 serves as the administrative 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 serves 72 children with 12 employees (Attachment 4). Figure 2. Existing Outdoor Play Area Approximately 5,000 square feet of the existing wh - ` Elementary School nacms;wcr.' is playground has been P designated for use by vR,,„RFKidango and is enclosed with a chain link fence. Two shade structures and age- appropriate playground equipment have been established within the ~t - r designated play area (see''" CllSSROOMS Figure 2) without obtaining ,Y`.; KIGANGO approval of a Site Development Review permit. r 3 t~ *r The Applicant is proposing to relocate the existing play area, including chain link fencing, shade structures and play equipment, to a location that is further setback from the backyards of adjacent single family residences (see Attachment 3). ANALYSIS: 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 and Site Development Review for the relocation of the existing chain link fence, two accessory shade structures and playground equipment. Conditional Use Permit 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. Use Characteristics The Kidango Day Care Center is consistent with the previous use of the site as an elementary school. Prior to closure, Nielsen Elementary School had approximately 312 students; Kidango proposes to provide child care services for a maximum of 72 children which is significantly lower than the number of children which were on-site when the Elementary School was in operation. Hours of Operation The hours of operation for the Kidango Day Care Center are Monday through Friday from 7am- 6pm. In order to ensure on-going compatibility with the surrounding residential neighborhood, conditions of approval have been placed on the project which limits outdoor activities between 3 of 8 the hours of 9am and 6pm and limits the number of children present in the play area at any one time to 24 (Attachment 5, Condition of Approval No. 18). Based on Kidango's Written Statement the following outdoor play times would be allowed: • Three, 45-minute play times between 9am and 12noon; • One, 30-minute play time from 2:45pm to 3:15pm; and, • One, 45-minute play time from 5pm to 5:45pm. Kidango has reviewed and agreed to the Conditions of Approval. Community Care Licensing was also consulted to ensure that limiting the outdoor play times did not conflict with State requirements for Day Care Centers. State law does not require a minimum amount of time that children are allowed to be outdoors but simply requires that Day Care Centers develop a program that includes both indoor and outdoor activities and that an outdoor play area be established within a fenced in area at a ratio of 75 square feet per child. Based on this requirement, Kidango's outdoor play area must be a minimum of 5,400 square feet. As described in further detail below, the proposed outdoor play area would be 6,060 square feet. Parking Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Dublin Zoning Ordinance sets forth the parking requirements for Day Care Centers as follows: • 1 parking space per employee; • 1 parking space per company vehicle; and, • 1 loading space for every 5 children at the facility. Kidango proposes to have a maximum of 12 employees; zero company vehicles; and, 72 children at the Day Care Center. Therefore, the total parking requirement is 26 spaces (see Table 1 below). A total of 29 parking spaces are provided on-site (see Attachment 3). Table 1. Kidan o Parkin Requirements Number Parkin Ratio Required Parkin Employees 12 1 per employee 12 Company Vehicles 0 1 per company vehicle 0 Children 72 1 er 5 children 14 Total Parkin Required 26 Site Development Review The project includes the establishment of an outdoor play area including chain link fencing, two shade structures and play equipment. These items were previously constructed without Site Development Review approval. The Planning Commission directed the Applicant to evaluate moving the outdoor play area to address setbacks, noise and privacy issues raised by the neighbors. Kidango is proposing to relocate the outdoor play area to address the Planning Commissions direction. The establishment of an outdoor play area is not specifically indentified in Chapter 8.104 (Site Development Review); however, the Zoning Ordinance grants the Community Development Director the authority to determine whether an improvement not specifically identified requires Site Development Review approval. The Director has determined that these improvements are 4of8 subject to Site Development Review because they were constructed by Kidango and support the Day Care Center which is subject to review and approval by the City. Chain Link Fencing The proposed outdoor play area for the Day Care Center would be approximately 6,060 square feet in size and would be enclosed with a 6-foot chain link fence. Chapter 8.72 (Landscaping and Fencing Regulations) permits the use of chain link fencing to enclose playgrounds. Typically, vinyl coated chain link would be required however due to the location of the playground, the lack of visibility from the public right-of-way and the presence of other chain link fencing on-site installed by the school district, vinyl coating has not been required as part of the project. Accessory Shade Structures The two, existing accessory shade structures would be relocated to the new play area location to provide shade for the children during times of outdoor activities. The shade structures are approximately 200 square feet (10' x 20') and 400 square feet (20' x 20') in size and consist of metal frame construction with a fabric covering (see Figure 3). The shade structures would be permanently affixed to the ground with concrete footings. Figure 3. Two, Accessory Shade Structures The shade structures would be setback over 100-feet from the nearest property lines (see Attachment 3) and are approximately 8'h-feet tall. In accordance with Chapter 8.40 (Accessory Structures and Uses Regulations), shade structures are permitted to be a maximum of 15-feet in height and are required to be set back 5-feet from all property lines. The shade structures comply with ` ` vaxeo both height and set back requirements for accessory structures. Playground Equipment While existing playground equipment is in place on the Nielsen Elementary School site, the equipment is not age appropriate for the children being cared for at Kidango. Therefore, new equipment was installed within the existing play area and is proposed to be relocated to the new play area. The playground equipment would require an approximately 1,200± square foot area to accommodate both the play equipment and the required fall zones (see Attachment 3). At its highest point, the play equipment would measure 6-feet. The play equipment would be set back over 100-feet from the nearest property lines (see Attachment 3). The existing play equipment is approximately 16-feet to the nearest property line. 5of8 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 ( PROPERTY North R-1 Single Family Residential South R-1 & PD Public/Semi-Public & Single Family Community Facilit) Residential East R-1 Single Family & Parks Residential & Pai West R-1 Single Family Residential 8of8