HomeMy WebLinkAboutReso 104-96 CreativePlayCUPRESOLUTION NO. 104 - 96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
MODIFYING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL
USE PERMIT AT 6837 AMADOR VALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a
modification of the conditions of approval of PA 95-017, A Creative Playschool Conditional Use
Permit, located at 6837 Amador Valley Boulevard; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and it was found that it was consistent with the
Negative Declaration adopted by the City Council on July 25, 1995 and that no new information
has been discovered requiring additional environmental review; and
WHEREAS, the City Council held public hearing on said application for modification on
August 13, 1996;
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, the Staff Report was submitted outlining all the pertinent facts; and
WHEREAS, the City Council 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 City Council does
hereby find that:
A. The modifications requested by the Applicant for the day care facility will assist in
its serving a public need by providing day care in a residential neighborhood, in a
convenient location.
B. The use continues to be properly related to other land uses and transportation and
service facilities in the vicinity, as the Center will maintain the residential character of the
residence. A Creative Playschool is located on a comer lot and has convenient parking. A
traffic study was performed for the project and the applicants have contributed their fair
share of traffic impact fees.
C. The modifications of the Conditional Use Permit, under all circumstances and
conditions of this particular use, will not materially adversely affect the health or safety of
persons residing or working in the vicinity, or be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood, as all applicable
regulations will be met.
D. The modification is consistent with the specific intent clauses or performance
standards established in the R-1-B-E Zoning District.
E. The approval of the modification of the Conditional Use Permit will be consistent
with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve
the modifications to PA 95-017 A Creative Playschool Conditional Use Permit application by
replacing the Conditions of Approval of Resolution No. 82-95 with the following conditions of
Approval.
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, and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW]
Public Works [ADM] Administration/City Attorney, [FIN} Finance, [F] Dougherty Regional Fire
Authority~ IDSR] Dublin San Ramon Services District, [CO] Alameda County Department of
Environmental Health.
This Conditional Use Permit approval for PA 95-017 is to allow the operation of a
daycare facility at 6837 Amador Valley Boulevard in an R-1-B~E Single Family
Residential Combining District. This approval shall generally conform to the plans
stamped approved, labeled Exhibit A, consisting of"Alternative No. 1 Site Plan" dated
June 29, 1995, and a "Floor Plan" dated May 30, 1995. [PL]
The maximum number of children present at the day care facility at any one time shall not
exceed 20. [PL]
o
The day care shall operate Monday through Friday between the hours of 6:30 a.m. and
6:30 p.m. and shall be closed on the weekends. The operator of the Center shall ensure
that the arrival time of children is prearranged and is on a staggered schedule. [PL]
Prior to receiving a business license, the applicant shall make all improvements indicated
on the site plan and floor plan, including but not limited to filling in the swimming pool,
extension of the driveway, and construction of an additional bathroom.
o
Prior to receiving a business license, the applicant shall make all necessary improvements
for an "E" Occupancy in conformance with the Uniform Building Code.
6. Prior to receiving a business license, applicant shall:
and
Provide a fire alarm system as per California Code of Regulations Section 3200
32004;
bo
Provide one 2A10BC Fire Extinguisher;
2
,
10.
11.
c. Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C.
Children sounds shall be controlled so as not to create a nuisance to the adjoining
residential neighborhood. No outside activities may take place before 9:00 a.m. [PL, PO]
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, PO]
There shall be a maximum of 10 children at a time in the backyard of the Center. When
children are in the backyard they shall be supervised by a Center employee at all times.
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 day care. [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.
12.
13.
14.
15.
16.
17.
18.
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]
This use shall comply with all applicable Planning, Building, Dougherty Regional Fire
Authority, Police Department, Dublin San Ramon Services District and State of California
Department of Social Services regulations and ordinances. [PL, B, F, PO, DSR]
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]
No further modifications to the site or exterior portion of the residence shall be done
without prior review and approval of the Planning Director and must comply with all
applicable zoning, building code and engineering regulations including issuance of building
permits. [PL, B]
Signage shall be allowed on the site consistent with Exhibit G to the Staff Report.
Additionally, a vehicle sign shall be permitted consistent with the City's Sign Ordinance.
The Applicant shall be responsible for cleanup and disposal of project related trash in
order to maintain a clean and litter flee site. [PL]
Two parking spaces in the existing garage and two parking spaces in the driveway shall be
reserved for employee parking. [PL]
19.
20.
21.
At any time during the effectiveness of this approval, the approval shall be revocable for
caus6 in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation
of the terms or conditions of this permit shall be subject to citation. [PL]
Prior to issuance of building permits, Applicant shall voluntarily pay the traffic
improvement funds.
The Day Care Director shall not allow Center staff or parents to park on Amador Valley
Boulevard.
PASSED, APPROVED AND ADOPTED this 13th day of August, 1996.
AYES:
NOES:
ABSENT:
Councilmembers Barnes, Burton, Howard and Moff att
Mayor Houston
None
ABSTAIN: None
ATTEST~j~~~_
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G:LPA96-026\CCres 1
K2/8- 13 -96/reso-cps. doc
Mayor