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HomeMy WebLinkAbout02-24-1998 97-045 MunchkinCare CUP 1\14[t..93 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT FOR FEBRUARY 24,1998 PUBLIC HEARING PROJECT: PA 97-045,Munchkin-Care Conditional Use Permit PREPARED BY: Dennis Carrington,AICP,Senior Planner/Zoning Administrator DESCRIPTION: A Conditional Use Permit for a Large Family Day Care Home for 12 children. RECOMMENDATION: Adopt Resolution approving the Conditional Use Permit. BACKGROUND The Applicants,Jan and Sushma Krishna are requesting a Conditional Use Permit to operate a Large Family Day Care Home for 12 children as the primary use within an existing single family residence in the PD(Planned Development)Zoning District(R-1 zoning with a 7,000 square foot lot size) at 11586 Alegre Drive. An existing Small Family Day Care Home for 6 children is currently being operated at this site. The facility would be operated by the applicants and one employee. One of the children in the facility belongs to the Applicants and one to the employee,resulting in space for ten additional children. The day care center would operate from 7:00 a.m.until 6:00 p.m., Monday through Friday. ANALYSIS Noise Impacts. Staff visited the site and determined that noise impacts to surrounding residences would be minimal. Townhouses located to the west are ten to fifteen feet higher than the day care center and are separated from the center by two fences and approximately twenty feet of open space. The adjacent home to the south on Alegre Drive would not be impacted because the yard area for the facility is on the opposite side of the residence. The adjacent home to the east on Alegre has it's yard(with children's play equipment)facing the day care facility so noise impacts should be minimized. An adjacent lot on Ladera Court should not be impacted because it is ten to twenty feet lower than the lot the center is COPIES TO:Applicant Owner Address File ITEM NO.p b•01 located on and because of the distance(approximately seventy-five feet) from the center. Conditions of approval are included in the resolution that limit the hours of operation of the day care center from 7:00 a.m.to 6:00 p.m.and require children sounds be controlled so as not to create a nuisance to the adjoining residential neighborhood. A further condition requires that no outside activities may take place before 8:00 a.m. Traffic Impacts. Department of Public Works staff determined that traffic impacts of the center would be minimal and that no Traffic Impact Fee is required. Proposed drop-off times would be from 8:15 a.m.to 9:30 a.m. and pick-up times of between 4:45 p.m.and 6:00 p.m. These periods should not conflict with residential traffic on Alegre Drive. Off-Street Parking. The center has a three car-wide driveway. Although one of the parking spaces will be used by an employee,sufficient off-street parking is provided for the center. On-Street Parking. Sufficient on-street parking is available on Alegre Drive for drop-off/pick-up of children if the driveway parking area is full. Licensing. A condition of approval is included which requires that prior to establishment of the use,the operator shall submit a copy of the State Department of Social Services License Permit for the operation of a Large Family Day Care Home. Another condition of approval requires that on a continuing basis,the Applicant shall provide the City of Dublin Department of Community Development with current day care operating licenses issued by the State of California Department of Social Services. Complaints. No complaints have been received by the City about the existing Small Family Day Care Home. ENVIRONMENTAL REVIEW A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act(CEQA),the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The Initial Study evaluated issues relating to land use and planning,population and housing,geologic problems,water,air quality,transportation/circulation,biological,energy and mineral and cultural resources,hazards,public services,utilities and services systems,aesthetics,and recreation. It was determined that the proposed project will not have a significant effect on the environment. A copy of the Resolution approving the Negative Declaration is attached to this report as Exhibit B. 2 ,— GENERAL PLAN AND ZONING The proposed Large Family Day Care Center is consistent with the Single Family Residential designation of the General Plan(it is a residential use as determined by State Law)and the PD(R-1)Zoning District. AGENCY REVIEW This project has been reviewed by other City departments and interested agencies,and their comments have been incorporated as conditions of approval in the draft Resolution. JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION The City Council and Planning Commission will meet on February 21, 1998,to discuss among other things,the issue of allowing residential care facilities(including Large Family Day Care Homes)in residential neighborhoods. If any policy changes are directed by the City Council regarding Large Family Day Care Homes at the study session,Staff will inform you of them at the February 24th public hearing. CONCLUSION The proposed Large Family Day Care Center would have no impacts to the surrounding neighborhoods regarding noise,traffic,or parking. The facility will be properly license. No complaints have been received about the existing Small Day Care Home. RECOMMENDATIONS: 1) Open public hearing and hear Staff presentation. 2) Take testimony from the Applicant and the public. 3) Question Staff,Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution(Exhibit B)approving the Negative Declaration for PA 97-045,Munchkin-Care project. 6) Adopt Resolution(Exhibit C)approving PA 97-045,Munchkin- Care Conditional Use Permit,or give Staff and Applicant direction and continue the matter. 3 J ATTACHMENTS: Exhibit A: Project Plans Exhibit B: Resolution Approving Negative Declaration Exhibit C: Resolution Approving Conditional Use Permit BACKGROUND ATTACHMENTS: Attachment 1: Applicant's written statement GENERAL PROJECT INFORMATION: APPLICANT: Nandini N. Shridhar NNS Associates 721 Live Oak Avenue, No. 7 Menlo Park, CA 94025 OWNER: Jay and Sushma Krishna 11586 Alegre Drive Dublin, CA 94568 LOCATION: 11586 Alegre Drive, at end of Alegre Drive. ASSESSOR PARCEL: 941-105-68 GENERAL PLAN DESIGNATION: Single Family Residential EXISTING ZONING AND LAND USE: PD (R-1) Zoning District. Single family residential homes to the North, East and South. Townhouse development to the West. g:pa97045/pcstfrpt 4 /� EXHIBIT RESOLUTION NO. 98 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA 97-045 MUNCHKIN-CARE LARGE FAMILY DAY CARE HOME CONDITIONAL USE PERMIT WHEREAS, Jay and Sushma Krishna, submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Day Care Home, for a maximum of 12 children, as the primary use within an existing single-family residence in a PD, Planned Development, Zoning District, located at 11586 Alegre Drive, and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application and is on file in the City of Dublin Planning Department; and WHEREAS, the Planning Commission did review and use their independent judgment to consider the Negative Declaration at a public hearing on February 24, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. Munchkin-Care Large Family Day Care Home Conditional Use Permit project will not have a significant effect on the environment based on review of the Initial Study and public testimony. B. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. C. The Negative Declaration is complete and adequate. EXHIBtT RESOLUTION NO. 98- PAGE TWO OF TWO NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby adopt the Negative Declaration for PA 97-045, Munchkin-Care Large Family Day Care Home Conditional Use Permit Project. PASSED, APPROVED AND ADOPTED this 24th day of February, 1998. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:97045\ndreso RESOLUTION NO. 98 - 000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-045 MUNCHKIN-CARE LARGE FAMILY DAY CARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT), SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AT 11586 ALEGRE DRIVE WHEREAS, Jay and Sushma Krishna submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Day Care Home, for a maximum of 12 children, as the primary use within an existing single-family residence in a PD (Planned Development), Single Family Residential Zoning District, located at 11586 Alegre Drive; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No. 98- ) for this project as it will have no significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on said application on February 24, 1998; 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 is compatible with other land uses, transportation and service facilities in the vicinity because noise and traffic impacts will be minimized by hours of operation, the size and the design of the subdivision(s) adjacent to the project, the small amount of services consumed, and the Iow number of trips generated. B. The use 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 all local and State regulations will be met. EXHIBIT C C. The use will not be injurious to property or improvements in the neighborhood because the day care home will minimize noise impacts and traffic impacts through limits on the number of children and the hours of operation and hours of pick-up and drop-off. 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. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. F. The Munchkin-Care Large Family Day Care Home is not contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because it is a residential use. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 97:045 Munchkin-Care Large Family Day Care Home Conditional Use Permit application as generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use (having more than 6 children in the day care center), and shall be subject to Planninq Department review and approval. The followinq codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [BI Buildin.q, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. This Conditional Use Permit approval for PA 97-045 is to allow the operation of a daycare facility at 11586 Alegre Drive in a PD Single Family Residential Zoning District. This approval shall generally conform to the plans stamped approved, labeled Exhibit A, consisting of a Site plan and Floor Plan dated received by the Planning Department on December 15, 1997. [PL] The maximum number of children present at the day care facility at any one time shall not exceed 12. [PL] The large family day care home shall operate Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and shall be closed on the weekends. [PL] 10. 11. 12. 13. 14. 15. 16. The large family day care home shall have drop-off times of from 8:15 a.m. to 9:30 a.m. and pick up times of between 4:45 p.m. and 6:00 p.m. [PL] The plan indicates that the Family Room and a portion of the garage will be used for day care purposes. The playroom area must be sheetrocked and separated from the two care garage using the same requirements as those for an R-3 Dwelling. [F] Exits: Two exits are required. The playroom area must have an additional exit that does not direct the children into the garage. [F] Exit Hardware. Exit doors must be openable from the inside without special knowledge or the use of a key. Slide locks, chains, etc.., are not allowed. For security purposes, a single action deadbolt/door lock may be used. Note: This applies to the rear yard gate also. [F] Smoke Detectors are required in all areas used by the day care. [FI Fire Extinguishers are required in the playroom adjacent to the garage and in the kitchen due to the floor plan. [F] Fire Alarm Device is required to be mounted to the structure and shall be audible throughout the structure. [F] An on site inspection is required prior to Fire Department approval. The inspection fee is $80.00. The inspection is also required by State Licensing. IF] Children sounds shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 8:00 a.m. [PL] The operator of the Center shall require that children remain either inside the Center or in the backyard for pickup by their parent or guardian. [PL] Prior to the establishment of this use, the operator shall submit a copy of the State Department of Social Services License Permit for the operation of a Large Family Day Care Home. [PL] On a continuous basis, the Applicant shall provide the City of Dublin Planning Department with a current day care operating license issued by the State of California Department of Social Services. [PL] The day care director shall, at the minimum of a once-a-year basis, make arrangements to have the Dublin Police Services Child Abuse Prevention Program, or an equivalent program approved by Dublin Police Services, presented to the Staff and children attending the facility. A certification of the presentation of such a program shall be presented to the Planning Department on a yearly basis. [PL, PO] 17. This use shall comply with all applicable Planning, Building, Alameda County Fire Department, Police Department, Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. [PL, B, F, PO, DSR] 18. This approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. [PL] 1 9. Any signage on the site shall be subject to the City's Sign Ordinance. [PL] 20. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. [PL] 21. Two parking spaces in the existing garage and one parking space in the driveway shall be reserved for employee parking. [PL] 22. No future modifications to the site or exterior portion of the residence shall be made without prior review of the Director of Community Development and must comply with all applicable zoning, building code and engineering regulations including issuance of building permits. [PL, B] 23. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 24th day of February, 1998. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Director of Community Development g:pa97045\cupreso December 12, 1997 Mr. Eddie Peabody CommuniW Development Director City of Dublin Planning Department City Offices 100 Ci~4c Plaza, Dublin, California 94568 SUBJECT: Proposed Expansion of Munchldn-Care Family Day Care Facility, Dear Mr. Peabody: ~ am writing on behalf of the project sponsor Ms. Sushma Krishna to request you to review the attached application for an administrative conditional use permit to allow Munchkin-Care an existing small Family Daycare facility with six children to increase its capacity and accommodate a total of ~,elve children. The existing daycare facility which is located in a single-family residence at 11586 Alege Drive, in the City of Dublin has been in operation since November 1995, and has acquired an excellent reputation for providing convenient, hygienic and a safe home-like environment for children. The proposed expansion is a direct response to innumerable requests made to the project sponsor/owner to increase capacity and accommodate more children. As is true of the existing facility, the proposed large Family Daycare would have no adverse impacts on the single-family homes or businesses in the immediate ~'icinity of the project site. The proposed facility' would not only provide quality childcare facilities, but also provide full-time employment to a single-mother currently trying to pursue further education. In addition, proximity to Neikson's Elementary School would also enable the newly enlarged facility to oft-er after school childcare services. The completed application and the information attached along with the letters of support from the project sponsors' neighbors clearly demonstrate that the proposed expansion of the Family daycare facility would indeed be an asset to the neighborhood and the community. The State of California, Department of General Sen'ices (the licensing agency) requires that the project sponsor receive all necessary approvals from the City of Dublin prior to obtaining a license for the proposed facility. I understand that the use of a single-family residence as a large Family Daycare facility may be authorized under the City of Dublin Planning Code Section 8.12.050. I have discussed this matter with your department staff', Ms. Anne Kinney and have included all of the information requested. As you are aware, there is a tremendous demand for such quality chitdcare services. Therefore, I would ~eatly appreciate it if this application were processed expeditiously so that the project sponsor may meet this ATTA 721 Live Oak Avenue, No. 7 · Menlo Park, California 94025 · Tel: (650) 329-1764 · Fax: (650) 326-5960 increasing demand and accommodate additional children in January 1998. If you have any questions, please feel free to contact me at (650)329-1764. Ver~ Truly Yours,