HomeMy WebLinkAbout8.1 Attch 1 PCSR Kidango 09-28-2010
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DATE: September 28, 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 playground including chain link fencing, two shade structures and play equipment.
The Day Care Center is located on a portion of the former Nielson 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 deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit and Site
Development Review for the Kidango Day Care Center.
Submitted By: vieVv By:
Senior Planner Planning Manager
COPIES TO: Applicant
File
ITEM NO.:
Page 1 of 7
G:1PA#120091PA 09-027 Kindango CUP SDRIPC 09.28.101PCSR.doc
ATTACHMENT 1
DESCRIPTION:
Figure 1. Neilson Elementary School Site
The project site has a General
Plan Land Use designation of
Public/Semi-Public and is located
within an R-1 (Single Family
Residential) Zoning District.
Neilson Elementary School is
currently closed and a portion of
the campus has been used for the
operation of the Kidango Day
Care Center since May 2009. ' if en Edit
The Kidango Day Care Center `y 1
was previously located at Arroyo
Vista (6700 Dougherty Road) and
was required to relocate due to
the redevelopment of the site. c:
Kidango partnered with the Dublin
Unified School District to locate
their day care center on a portion
of the Neilson 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 Neilson 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)
(Attachment 1 and 2). 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 (Attachment 3).
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 (Attachment 4).
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 Nielson 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.
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ANALYSIS:
Conditional Use Permit
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
the hours of 9am and 5pm and limits the number of children present in the play area at any one
time to 48 (Attachment 5, Condition of Approval No. 18).
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 (Attachment 6).
Table 1. Kidan o Parkin Re uirements
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 playground including chain link fencing,
two shade structures and play equipment. While these items are not specifically indentified in
Chapter 8.104 (Site Development Review), 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 subject to Site Development Review because they were constructed by
Kidango and support the Day Care Center use which is subject to review and approval by the
city.
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Chain Link Fencing
The designated play area for the Day Care Center is approximately 5,000 square feet in size
and is enclosed with a 6-foot chain link fence which was installed by Kidango (see Attachment
4). 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
Two, accessory shade structures have been constructed by Kidango within the designated play
area (see Figure 2 below and Attachment 4) and are approximately 200 square feet (10' x 20')
and 400 square feet (20' x 20') in size. The shade structures consist of metal frame
construction with a fabric covering and are permanently affixed to the ground with concrete
footings. The structures provide shade for the children during times of outdoor activities.
The 200 square foot structure is setback approximately 12-feet from the property line which
abuts the rear yards of adjacent single family residential dwellings. The 400 square foot
structure is set back approximately 7-feet from the property line. Both structures measure
approximately 8'/2 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 existing shade structures comply with
both height and set back requirements for accessory structures.
Figure 2. Shade Structures
10'x 20'
Shade Structure 20' x 20'
Shade Structure
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Playground Equipment
While existing playground equipment is in place on the Nielson Elementary School site, the
equipment is not age appropriate for the children being cared for at Kidango. Therefore, the
project includes a request to install new playground equipment within the designated play area
(see Attachment 4).
The playground equipment would require an approximately 1,200± square foot area to
accommodate both the play equipment and the required fall zones (Attachment 7). At its
highest point, the play equipment would measure 6-feet. The property line fences which
separate the elementary school site from the rear yards of adjacent single family dwellings are
between 6 and 7-feet tall. The play equipment will be set back approximately 16-feet from the
nearest property line. In order to ensure that noise generated from children playing in the
playground area does not create an adverse impact to adjacent residences a noise study was
conducted by Rosen, Goldberg Der and Lewitz (Attachment 8) and found that the noise level
generated by children playing within the designated play area would not exceed the standards
set forth in the Noise Element of the Dublin General Plan. As noted above, in order to ensure
on-going compatibility with adjacent residential uses, conditions of approval have been placed
on the project to limit outdoor play time between the hours of 9am and 5pm and limit the number
of children within the play area at any given time to 48.
The Planning Commission Resolution approving the Conditional Use Permit and Site
Development Review request is included as Attachment 5 to this Staff Report.
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 Categorically Exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301, Existing Facilities and Section 15303, New Construction or
Conversion of Small Structures. The project consists of a Conditional Use Permit for the
operation of a Day Care Center for up to 72 children and Site Development Review for the
establishment of minor accessory structures related to an outdoor playground including chain
link fencing, two shade structures and play equipment.
CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE:
The project site is designated Public/Semi-Public in the General Plan and is located in an R-1
(Single Family Residential) Zoning District. The R-1 Zoning District allows for the operation of
Day Care Centers subject to approval of a Conditional Use Permit by the Planning Commission.
An environmental noise assessment was prepared and concluded that the project would not
exceed the standards set forth in the Noise Element of the Dublin General Plan. Conditions of
Approval have been applied to the project to ensure on-going compatibility between the Day
Care Center and adjacent single family residences. The project meets the minimum parking
requirements set forth in Chapter 8.76 (Off-Street Parking and Loading Regulations) and the
height and setback requirements for accessory structures as set forth in Chapter 8.40
(Accessory Structures and Uses Regulations).
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REVIEW BY APPLICABLE L' ~ "ARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services
and Dublin San Ramon Services District have 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. Conditions of Approval from these departments and agencies
have been included in the attached Resolution (Attachment 9).
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 received no
objections from surrounding property owners regarding the Project.
In April 2010, Kidango staff conducted a community outreach within the surrounding residential
neighborhood. A total of 26 invitations were hand delivered to nearby residents inviting them to
attend a community meeting to be held in the evening on April 20, 2010. No one attended the
community meeting.
ATTACHMENTS: 1) Nielson Elementary School Site Plan.
2) Nielson Elementary School Classroom Floor Plans.
3) Kidango Written Statement.
4) Kidango Playground Site Plan.
5) Resolution approving a Conditional Use Permit and
Site Development Review for the Kidango Day Care
Center located at 7500 Amarillo Road.
6) Kidango Parking Layout.
7) Kidango Playground Equipment Layout and Elevations.
8) Environmental Noise Assessment for the Kidango Child
Care Center prepared by Rosen Goldberg Der & Lewitz
dated March 19, 2010.
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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
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