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HomeMy WebLinkAbout03-024 Largefmlydaycare 07-22-2003 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: JULY 22, 2003 SUBJECT: ATTACHMENTS: PUBLIC HEARING - PA 03-024 Conditional Use Permit for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive (Report prepared by: Kristi Bascom, Associate Planner) 1. Project Plans 2. Written Statement 3. Initial Study and Negative Declaration 4. Letter from Chee Wai and Tina Ho 5. Letter from several neighbors, including Patti and Carlos Rodriguez 6. Resolution adopting Negative Declaration for Conditional Use Permit for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive 7. Resolution approving Conditional Use Permit for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive 8. Resolution denying Conditional Use Permit for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive RECOMMENDATION: 2. 3. 4. 5. Open public hearing and hear Staff presentation. Take testimony from the Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Resolution (Attachment 6) adopting a Negative Declaration for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive Adopt Resolution (Attachment 7) approving Conditional Use Permit for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive PROJECT DESCRIPTION: The proposed project is a Conditional Use Permit application for a Large Family Daycare in a single- family home located at 6071 Round Hill Drive in Phase I of Dublin Ranch. The operating hours for the daycare are Monday - Friday 6:00 a.m. to 6:00 p.m. The Large Family Daycare will have two full-time employees: the homeowner and one additional employee that does not live at the home. The property is zoned Planned Development and the General Plan designation is Low Density Residential. Large Family Daycare homes (up to 14 children) are permitted in this zoning district by way of Conditional Use Permit. G:\PA#~2003\03-024 Aragon Day Care CUPLPC Staff Report.doc COPIES TO: ITEM NO. (~, (~ Applicant Property Owner PA File BACKGROUND: The applicant currently operates a Small Family Daycare in this location and is proposing to expand the operation. Small Family Daycare is defined as caring for up to eight (8) children. Small Family Daycare Homes are permitted by right in all residential zoning districts as well as most residential Planned Development Districts. The City has not received any complaints regarding the existing daycare operation. ANALYSIS: Noise Impacts Staff visited the site and determined that noise impacts to surrounding residences would be minimal. The project site has single-family homes on either side, but no neighbors to the rear. Behind the subject site is the Dublin Ranch Golf Course. Conditions of approval are included in the resolution that limit the hours of operation of the Daycare center from 6:00 a.m. to 6:00 p.m. and require that noise generated at the site to 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 9:00 a.m. Tra_ ffic Impacts The City's Traffic Engineer determined that the traffic impacts of the proposed Large Family Daycare home would be minimal and that no Traffic Impact Fee is required. Pick up and drop off times will be primarily in the morning and evening hours, but the number of children being served is few enough that there should not be a great concentration of vehicles to and from the house at any particular time. Additionally, the daycare accepts part-time students, which means that on some days vehicular traffic will be less than usual due to fewer children in attendance. However, at the current time, Round Hill Drive is the sole means of access for residents living on Ledgewood Terrace and Hobstone Place. Until the neighborhood at Highgrove is completed, Ledgewood Terrace and Woodvale Terrace are closed except for construction traffic, and all access to the neighborhood travels down Round Hill Drive. This situation will be remedied within the next several months as construction is completed and all the streets are opened. Parking Per the City's Parking Ordinance, a daycare facility of this size requires six (6) off-street parking spaces. Two (2) reserved for the home, one (1) reserved for the employee, and three (3) based on the number of students the daycare proposes to serve. This project site has four (4) off-street spaces: two (2) in the garage and two (2) in the driveway, leading to a shortage of two on-site spaces. The Parking Ordinance allows for a parking reduction if it can be shown that: 1. The Conditional Use Permit findings can be made; 2. It can be demonstrated that the required parking standards are excessive for this situation; and 3. Overflow parking will not impact any adjacent use. The house has a two-car garage and driveway. Although one of the parking spaces will be used by an employee, there is another parking space in the driveway and two on-street parking spaces available in front of the house for parents to use when they are dropping off and picking up their children. Parking studies that have been done for previous Large Family Daycare Conditional Use Permits have found that the average amount of time it takes a parent to drop-off or pick-up a child is six (6) minutes. Because of staggered drop-off and pick-up times, the combination of available on-street and off-street parking should be sufficient to serve the proposed daycare use. Licensing A condition of approval is included which requires that, prior to establishment of the use, the operator submit a copy of the State Department of Social Services License Permit for the operation of a Large Family Daycare 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 Daycare operating licenses issued by the State of California Department of Social Services. Public Comments Staff received two letters from adjacent neighbors. One letter stated concerns about traffic, parking, noise, and possible conflict with the Covenants, Codes, and Restrictions (CC&Rs) of the Dublin Ranch Homeowner's Association, and suggested that the application be denied (Attachment 4). CC&Rs are a private contract between the homeowner and Homeowner's Association that typically outline permitted activities and property maintenance, among other things. CC&Rs are not subject to enforcement by the City, and therefore whether this use is permitted by the Dublin Ranch Homeowner's Association or not, is a matter between the Applicant and the HOA. The second letter, signed by eleven neighbors, raised several concerns regarding the proposed expansion to fourteen children. The chief concern is that because the neighborhood is still under construction, the amount of additional traffic that the Large Family Daycare will generate could be in conflict with the surrounding construction traffic. These neighbors suggest that the Applicant should not be allowed to increase the capacity of the daycare home at this time. (Attachment 5) 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 Attachment 6. CONCLUSION: Staff believes that the proposed Large Family Daycare Home would have limited impacts to the surrounding neighborhood regarding noise, traffic, and parking. The facility will be properly licensed, and no complaints have been received about the existing Small Daycare Home that would lead Staff to believe that expanding the use would be problematic. Both approval and denial resolutions are attached for your review (Attachments 7 and 8). RECOMMENDATION: Staff recommends that the Planning Commission: 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 a Resolution (Attachment 6) adopting the Negative Declaration for the project, and 6) adopt a Resolution (Attachment 7) approving the Conditional Use Permit for a Large Family Daycare (up to 14 children) at 6071 Round Hill Drive. 3 GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: Doina Frentescu, Zoning and Planning Solutions, 10 Weller Ct., Pleasant Hill, CA 94523 Urduja Aragon, 6071 Round Hill Drive, Dublin, CA 94568 6071 Round Hill Drive, Dublin, CA 94568 Low Density Residential Planned Development (Single-Family home) G:~A#~2003X03-024 Aragon Daycare CUP'PC Staff Report ii.doc r~O Lnc ~D N TC 525.57 525,4[[ ~ ~ DRIVE WAY BW I 128.O9' I00' GOLF BALL iNTRUNSION EASMENT I /25.72' 4-1' I I I I © ! 13'-8" 20'-8" Fq C© Fq 7O 5'-6" STORAGE o 4'--t0' 2'-1 O' 2'-10" ~Z ED C --I Z 0 0 ZPS Zoning & Planning Solutions 10 Weller Court, Pleasant Hill, CA 94523 ph: (925) 899-5,947 URDUJA ARAGON DAY CARE 6071 Round hill Drive, Dublin Project Description The proposed project is to increase the capacity of an existing home occupation day care to up to 14 children. Employees The day care has only one employee - Urduja Aragon (owner). Proposed hours of operation Proposed hours of operations are 7 a.m. to 6 p.m. Community benefits The day care is located in a relatively new residential neighborhood and it is intended to help families with small children who need supervisions while the parents are working. Impact on the community The day care will have no negative impact on the community. Traffic will be limited to morning and afternoon hours when parents will drop off and pick up their children. In accordance to the City of Dublin Zoning Code for Home Occupation Day Care, which requires one parking space for every four children, parking will be provided by the two cars drive-way and two street parking spaces located in from of the day care. There are no other businesses in this area who otherwise might be impacted by the day care. The day care (use, activity, and employee) will have no negative effect on the health or safety of people residing in the vicinity nor will create any negative impact on the property or existing investments in the neighborhood. The day care is not located on a hazardous waste and substances site. ATTACHMENT RECEIVEE~ =?!~Y ~ 9 ZOO3 )iJBLIN PLANNIN~ Conclusion The proposed increased capacity of the existing day care will have a positive impact on the community, allowing parents to work while their children are supervised. The day care is already operating in this neighborhood and it is welcomed by its neighbors. As such, we respectfully request your approval. Initial Study/Negative Declaration Conditional Use Permit for a large family daycare (up to 14 children) at 6071 Round Hill Drive in Dublin, CA 3une 26, 2003 City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 ATTACHMENT Table of Contents Introduction .................................................................................................... 3 Project Description and Context ......................................................................... 4 Environmental Factors Potentially Affected ..........................................................6 Evaluation of Environmental Impacts .................................................................. 7 Checklist of Environmental Impacts .................................................................... 8 Checklist Discussion ......................................................................................... 15 Negative Declaration ........................................................................................ :[8 City of Dublin Page 2 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Introduction This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. 1. Project title: PA # 03-024 Conditional Use Permit for a large family daycare (up to 14 children) 2. Lead agency: City of Dublin 100 Civic Plaza Dublin CA 94588 3. Contact person: Kristi Bascom, Dublin Community Development Department (925) 833-6610 4. Project location: 6071 Round Hill Drive, Assessor Parcel Number 985-0025-031 5. Project sponsor: Doina Frentescu, Zoning and Planning Solutions, 10 Weller Ct., Pleasant Hill, CA 94523 on behalf of property owner Urduja Aragon 6. Specific Plan/General Plan designation: Low Density Residential 7. Zoning: Planned Development 8. Public agency required approvals: City of Dublin (Building permits) State of California Department of Social Services (Facility daycare license) Alameda County Fire Department (Fire Safety site inspection) City of Dublin Page 3 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Project Description and Context The proposed project is a Conditional Use Permit application for a large family daycare in a single- family home located at 6071 Round Hill Drive in Dublin. The applicant currently operates a small family daycare in this location and is proposing to expand the operation. The operating hours for the daycare are Monday - Friday 7:00 a.m. to 6:00 p.m. The large family daycare will have two employees: the homeowner and one additional employee that does not live at the home. The property is zoned Planned Development and the General Plan designation is Low Density Residential. Large Family daycare homes (up to 14 children) are permitted in this zoning district by way of Conditional Use Permit. City of Dublin Page 4 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Exhibit 1. Site Location PARK I I ALACON CT. 27 KINO CT 2 ALAGRO CT. 28 LAGAZPI CT, _ - - 3 ARELLANO CT,29 LORIMER LOOF 4 BANDINI CT. 30 MAGELLAN CI 5 BARNSLEY PL,31 MARTINEZ CT. - .... ~ .... 6 BORICA CT, ~ - 32 MCCRELLIS PL ' 7 CALLAWAY PL. ~ ' 33 MT, VERNON PL 8 CARDENA CT 34 MUNOZ CT 9 CASCADE CREEK LN 35 NEVE C! - - - 10 CASTERSON DH 36 OLD WESTBURY ~Y 11 CEHMENHD CT, 27 ONATE CT 12 CHADWICK PL. 38 0ROAZ CT 13 CHANTERELLE PL 39 PEREZ CT, 14 CRAGFORD PL. 40 PRECIADO DR 15 DURAN CT 41 SAL CT. 16 ESCUDO 6'f 42 SALVATIERRA 17 FERRELO CT.43 SAN VICIENTE LOOP ~8 FONT CT 44 SAN ViClENTE TER. 'TER 19 FRANCIA CT. 45 SKYLAND WY 20 GALl CT 46 SOLA C% 22 GAMBON CT 48 URDENETA CT 23 GARCES CT, 49 VERDIN PL 24 HARO LOOP 50 VISCAINO CT. 25 HECETA CT 51 WATERPERRY PL 26 INNISWODD PL OOK AV. , STONEPINE ,ROVE ALA, CO CORI~ ANIMAL CONTROL ~' ~ SHELTER D R. /:EMERALD GLEN . ~ -, PARK DR ,BANGO DR¸ lI GOLF TED ~ FAIRFIELD PARK ~ 1 ALSTEAD CT 14 HAMPDEN CT, 2 BRIDGTON CT. 15HARTWICK DR. 3 BROOKLINE BT 16HINSDALE CT. 4 CAMPTON CT 17LONDONDERRY DR 5 CHARLTON CT 1BMADBURY CT 6 OERHYFIELD CT, 19NEWINGTON CT. 7 EAST CHESTERFIELD CIR 20STDNEHAM CT. 8 EASTHAM CT, 21STRAEFORD CT 9 EOXCROFT WY 22TAMWORTH CT, 10 GEORGETOWN CIR 23 TILTON CT 11 GILFORD CT. 24 TOPSHAM CT, 12 GORHAM CT 25 WEST CHESTERFIELD 13 GRANBY CT. 26 WINDHAM CT ~MO CLUB- HOU$~ CLUB z City of Dublin Page 5 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. Aesthetics - Agricultural Resources Air Quality Biological Resources - Cultural Resources Geology/Soils - Hazards and Hazardous Hydrology/Water Land Use/Planning Materials Quality - Mineral Resources Noise Population/Housing - Public Services Recreation Transportation/ Circulation - Utilities/Service Mandatory Findings of Systems Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature: i//lS[~{.-.--~ Date: /~'t~' IC-~ Printed Name: ¢4~r~'~ ~'P~C3.'Va,~ For: City of Dublin Page 6 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Evaluation of Environmental Tmpacts 1) 2) 3) 4) 5) 6) 7) 8) 9) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance City of Dublin Page 7 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Environmental Impacts Note: A full discussion of each item is found following the checklixt. I. Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic vista? b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? II. Agricultural Resources Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as showing on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to a non-agricultural use? III. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. Biological Resources. Would theproject Potentially Less Than Less than No Impact Significant Significant Significant Impact With Impact Mitigation X X X X X X X , X X X X X City of Dublin Page 8 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Note:,4 full discussion of each item is found following the checklist. a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? V. Cultural Resources. Would theproject a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5 c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? d) Disturb any human remains, including those interred outside of a formal cemetery? VI. Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence ora known fault? Potentially Less Than Less than No Impact Significant Significant Significant hnpact With Impact Mitigation X X X X X X X X X X X City of Dublin Page 9 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Note: A full discussion of each item is found following the checklist. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- and off-site landslide, lateral spreading, subsidence, liquefaction or similar hazards? d) Be located on expansive soil, as defined in Table 13-l- B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste? VII. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous into the environment? c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such plan has not been adopted, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? Potentially Less Than Less than No Impact Significant Significant Significant Impact With Impact Mitigation X X X X X X X X X X X X X X City of Dublin Page 10 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Note: :t full discussion of each item is found following the checklist. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IX. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of the site or area, including through the aeration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within a 100-year flood hazard area structures which impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? IX. Land Use and Planning. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Less Than Less than No hnpact Significant Significant Significant Impact With Impact Mitigation X X X X X X X X X X X X X City of Dublin Page 11 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Note: A full discussion of each item is found following the checklist. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan, specific plan or other land use plan? XI. Noise. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing. Would theproject a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? XIII. Public Services. WouM the proposal: Potentially Less Than Less than No Impact Significant Significant Significant Impact With Impact Mitigation X X X X X X X X X X X X City of Dublin Page 12 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Note: A full discussion of each item is found following the checklist. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services? Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation: a) Would the project increase the use of existing neighborhood or regional facilities such that substantial physical deterioration of thc facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? XV. Transportation and Traffic. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (such as bus turnouts and bicycle facilities)? XVI. Utilities and Service Systems. Would theproject Potentially Less Than Less than No Impact Significant Significant Significant Impact With Impact Mitigation X X X X X X X X X X X X X X X ! City of Dublin Page 13 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Note: ,4 full discussion of each item is found following the checklist. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'.> c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state and local statutes and regulations related to solid waste? XVI. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Less Than Less than No Impact Significant Significant Significant Impact With Impact Mitigation X X X X X X X X X X City of Dublin Page 14 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 Checklist Discussion Sources: The above determinations were made based on knowledge of the project site, investigation of building permits issued for the construction of the building, field studies, and an analysis of the project description. Project Impacts and Mitigation Measures I. Aesthetics No impact. No new facilities or construction are proposed with this project. The proposal is to use an existing single-family home as a daycare facility during the weekdays, which will not change the visual character of the site at all. II. Agricultural Resources No impact. No new facilities are proposed with this project and no vacant or agricultural land is being built upon. IlL Air Quality No impact. No air quality impacts will result from the proposed project because minimal traffic increases would occur. Provision of day care facilities near to residential areas where children live could reduce transportation to more distant alternative commercial day care facilities. IV. Biological Resources No impact. No known rare or endangered or threatened species, or energy, mineral or cultural resources are present on this developed residential site. V. Cultural Resources No impact. No known cultural resources are present on this developed residential site. VI. Geology and Soils Less than significant impact. There are no geologic problems or active faults within the immediate area, but the greater San Francisco Bay Area is at risk for seismic activity. The single-family home at 6071 Round Hill Drive was constructed in 2001 and was built to the most current building and safety codes possible. Nonetheless, the risk remains in any structure that seismic activity could result in an impact to the building and its inhabitants. City of Dublin Page 15 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 VII. Hazards and Hazardous Materials No impact. No hazardous or explosive materials are kept at this day care home. All potential health hazards are addressed by the Department of Environmental Health and The State Department of General Services. The site is located in Zone X of the current FEMA map, which is defined as areas outside of the 500-year flood zone. VIII. Hydrology and Water Quality No impact. The project site does not cross over any water ways nor does it impact groundwater above and beyond the use of a single-family home. IX. Land Use and Planning No Impact. The large family day care center is an expansion of an existing 8 child facility and will be located in a single family residence in a single family residential area. The exterior of the residence will continue to look like a residential unit. The use will not alter the planned land use of the neighborhood because this type of use, if approved, will be made compatible with residential uses by means of conditions of approval for a Conditional Use Permit. This project is consistent with the City of Dublin General Plan and Zoning Ordinance X. Mineral Resources No impact. No known mineral resources are present on this developed residential site. XI. Noise No impact. The project site has residential neighbors on either side, but there are no neighbors to the rear of this property. The project will provide care for no more than 14 children who will not be able to play outside before 9:00 a.m. The increase from eight to fourteen children will not result in a significant increase to the noise generated by the facility. XII. Population and Housing No impact. The project will not significantly alter the overall density, location, distribution, or growth rate of the human population in the area. The project would increase the number of persons at the proposed day care facility during operating hours of 7:00 a.m. to 6:00 p.m., Monday to Friday only to the degree that the center can accommodate fourteen children rather than the eight children allowed at the facility at the present time. The project will not impact existing housing or create a need for new housing because a day care center serves children from existing residences. XIII. Public Services No impact. The proposed new large family day care facility will not demand more public services than any other residence in the vicinity. City of Dublin Page 16 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 XIV. Recreation No impact. The approval and construction of the proposed project will not result in an increased use of park or recreation facilities. XV. Transportation/Traffic No impact. No Traffic Study or Traffic Impact Fee was required due to the small scale of the project. Adequate street and driveway parking is available for this project. XVI. Utilities and Service Systems No impact. There will not be an impact to existing systems as no new construction is being proposed and the intensity of the use by the daycare facility will not be substantially higher than an average single-family home. X¥. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory ? No. The preceding analysis indicates that the proposed project will not have a significant adverse impact on overall environmental quality. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). No. Although slight incremental increases in certain areas can be expected as a result of a more- intensive use of the property, they are not enough to create a measurable impact. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? No such impacts have been discovered in the course of preparing this Initial Study. c) Initial Study Preparer Kristi Bascom, Associate Planner, City of Dublin Community Development Department References Project Plans dated May 29, 2003. City of Dublin Page 17 Initial Study and Negative Declaration for PA 03-024 June 26, 2003 CITY OF DUBLIN 1OO Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us Project Title: PA # 03-024 Conditional Use Permit for a large family daycare (up to 14 children). Project Description: The proposed project is a Conditional Use Permit application for a large family daycare in a single-family home located at 6071 Round Hill Drive in Dublin. The applicant currently operates a small family daycare in this location and is proposing to expand the operation. The operating hours for the daycare are Monday - Friday 7:00 a.m. to 6:00 p.m. The large family daycare will have two employees: the homeowner and one additional employee that does not live at the home. The property is zoned Planned Development and the General Plan designation is Low Density Residential. Large Family daycare homes (up to 14 children) are permitted in this zoning district by way of Conditional Use Permit. Project Location: 6071 Round Hill Drive (APN 985-0025-031) Applicant: Doina Frentescu, Zoning and Planning Solutions, 10 Weller Ct., Pleasant Hill, CA 94523. Property Owner: Urduja Aragon, 6071 Round Hill Drive, Dublin, CA 94568 Determination: I hereby find that the above project WILL NOT have a significant effect on the environment. KristilBascom, Associate Planner Date Copies of the Initial Study documenting the reasons to support the above finding are available at the City of Dublin, 100 Civic Plaza, Dublin, CA 94568, or by calling (925) 833-6610. Date Published: Date Posted: Date NOI Mailed: Considered by: On: N.O.D. filed: June 26,2003 June 30,2003 June 30,2003 Dublin Planning Commission July 22,2003 Planning Commission Resolution No. ~lLy of Dublin Planning Department I00 Civic Plaza DuD,n,~,,~. 94568 2 July 2003 Dear Kristi Bascom, Subject: PA #03-024 Conditional Use Permit for large family day care (up to 14 children) Sorry we are not able to attend, we live across t~he street from the proposed project at 6071 Round Hill Dr. We are shock that this is being proposed in a residential rleig~ :uu~l :oud. Here are my objections: I) This large daycare will add more traffic on this quite-narrow street. 2) This will add to risk of cars speeding through the neighborhood dropping & picking up their children & placing the children in the neighborhood at risk. Especially in the 3:00-7:00 PM time frame. 3) This will add to the neighbor parking problems when residence arrive home between the hours of 5:00-7:00PM. 4) %his daycare will potentially add more children on this street & bring additional noise. 5) This daycare will add additional noise in the back yard of 6071. The homes are close together and noise travels well in this quite neighborhood. 6) Most important, this daycare is in violation of the" Declaration of Covenants Conditions and Restrictions of Dublin Ranch". Page 3, paragraph 4.4 Businesses: .... "which do not create regular customers, client or employee traffic .......... I am sure it will have more violation if looked in depth ( i.e. constant excessive noise) 7) There are no guarantees that the children will remain on the premise of 6071 and may move to the common areas of the association. This poseses a liability that the association may not be covered under the master insurance policy. 8) This large daycare will lower the property value of the neighborhood. We oppose having this daycare in the neighborhood and on ~uu,. r~ ~c~ ,. Chee Wai & Tina Ho Cc: ~'~ ~ o~ ~e,~ Homes 5028 Round Hill Dr. uub,n,~ 94568 Dublin Ranch Owners Association (Hig~h Grove) 2151 Salvio Street, Suite 333 Concord, CA 94520 ATTACHMENT July 6th, 2003 City of Dublin Planning Commission 100 Civic Plaza Dublin, CA 94568 This letter is in regards to a public hearing for the project- PA#03-024 Conditional Use Permit for a large family daycare (up to 14 children), at 6071 Round Hill Drive, Assessor Parcel Number 985-0025-031. At this time we have great concern regarding traffic to this home and the safety of children in the neighborhood as well as those attending the daycare. Currently there is only one way to enter the Highgrove community (which is the use of Round Hill Drive) as construction is still taking place. Woodvale Terrace and a portion of Ledgewood Terrace are currently closed due to new homes being constructed With residence still taking ownership of homes from the developer, as well as our landscape must be completed within six months of the closing of escrow, we often have large moving vehicles, delivery trucks, cement trucks, etc.) using Round Hill Drive as their only way to reach the homes located on Hobstone Place, Ledgewood Terrace and Westford Court. Many of the current residence also park their cars on the street leaving little room for a consistent flow of two-way traffic. The possibility of additional t5 cars which includes the employee would be a hindrance as it places a heavy burden of traffic to the current homeowners in this neighborhood at this time. We also kmow how individuals may speed when they are late picking up their children and we have too many children on this street that can be in danger because of someone's tardiness. Please do not allow the homeowner to increase the number of children for this daycare at this time. Thank you. Sincerely, Patti & Carlos R:odffguez 6048 Round Hill Drive Dublin, CA 94568 Dona Culotta 6039 Round Hill Drive Dublin, CA 94568 RECEIVED JUL 1 1 2.003 DUBLIN pLANNING Anita Taylor 6076 Round Hill Drive Dublin, CA 94568 Steve & Cl~eryl Regl~ 6083 Round Hill Drive Dublin, CA 94568 ATTACHMEN' - July 6th, 2003 City of Dublin Planning Commission 100 Civic Plaza Dublin, CA 94568 This letter is in regards to a public hearing for the project- PA#03-024 Conditional Use Permit for a large family daycare (up to 14 children), at 6071 Round Hill Drive, Assessor Parcel Number 985-0025-031~ At this time we have great concern regarding traffic to this home and the safety of children in the neighborhood as well as those attending the daycare. Currently there is only one way to enter the Highgrove community (which is the use of Round Hill Drive) as construction is still taking place. Woodvale Terrace and a portion of Ledgewood Terrace are currently closed due to new homes being constructed. With residence still taking ownership of homes from the developer, as well as our landscape must be completed within six months of the closing of escrow, we often have large moving vehicles, delivery trucks, cement trucks, etc. using Round Hill Drive as their only way to reach the homes located on Hobstone Place, Ledgewood Terrace and Westford Court. Many of the current residence also park their cars on the street leaving little room for a consistent flow of two-way traffic. The possibility of additional 15 cars which includes the employee' would be a hindrance as it places a heavy burden of traffic to the current homeowners in this neighborhood at this time. We also know how individuals may speed when they are late' picking up their children and we have too many children on this street that can be in danger because of someone's tardiness. Please do not allow the homeowner to increase the number of children for this daycare at this time. Thank you. Sincerely, RECEIVED JUL 1 1 Z003 DIJBLIN PLANNING JUL-II-03 11:45 F~OM:HOMETOWN BROKERS ID:~2S42~7308 P~E City of Dublin Pl~,ing Commiss/on 100 Civic Plaza Dublin, CA 94568 RECEIVED UL 1 1 003 DUBLIN PLANNING This letter is in regards to a public hearing for the project- PA~03-024 Conditional Use Permit for a large family daycare (up to 14 children)~ at 6071 Round Hill Drive, Assessor Parcel Number 995-0025-031, At this time we have great conce~ rei~din~affic to this home and th~ ~fcty of childom in the ndghborhood as well as those attending the dsycare. Currently :mere is only one way to eraer the High~ovc comm~ (which is the use of Round Hill Drive) az co~ is stH[ ta .L~.. g place. Woodvale Terrace and a po~on of Ledo~ood Ten-ace are currently dosed due to new homes being constructe~L With residence siill taking ownership of homes from the developer, as well as our landscape must be completed within six moot~ ofgae closing of escrow, we o~en have large moving vehicle% delivery trucks, cement trucks, et.c,) o~ng Round Hi//Drive as 'their only way to reach the homes located on Hobstone Place, Ledgew~ Terrace and We~d'ord Court. Many of the current residence also park their cars on the street leaving little room far a consist~C~ flow of two-way tr~i~ic. Thc pom'bility of additional 15 cars whivh includes the employee would be a 10indrance as it places a heavy burden of traffic to the ourr~ homeowners in this neighborhood at this time. We also know how individ::~!.s _m_.~y speed when theft ar~ laIe pic. k~g up their children and we have too many children on this zn'eeI thst can bc in danger because of someone's tardiness. Please do not allow the homeowner to increase the number of children for mig daycare at this time. Thank you. Sincerely, JUL-11-P003 11:48AM TELJgS54P67308 ID)CITY OF DUBLIN PAGE:001 R=100~. July 6th, 2003 City of Dublin Planning Commission 100 Civic Plaza Dublin, CA 94568 This letter is in regards t.o a public heating for the project- PA#03-024 Conditional' Use Permit for a large family daycare (up to 14 children), at 6071 Round Hill Drive, Assessor Parcel Number 985-0025-031. At this time we have great concern regarding traffic to this home and the safety of children in the neighborhood as well as those attending the daycare. Currently there is only one way to enter the Highgrove community (which is the use of Round Hill Drive) as construction is still taking place. Woodvale Terrace and a portion of Ledgewood Terrace are currently closed due to new homes being constructed. With residence still taking ownership of homes from the developer, as well as our landscape must be completed within six months of the closing of escrow, we often have Iarge moving vehicles, delivery trucks, cement trucks, etc.) using Round Hill Drive as their only way to reach the homes located on Hobstone Place, Ledgewood Terrace and Westford Court. Many of the current residence also park their cars on the street leaving little room for a consistent flow of two-way traffic. The possibility of additional 15 cars which includes the employee would be a hindrance as it places a heavy burden of traffic to the current homeowners in this neighborhood at this time. We also know how individuals may speed when they are late picking up their children and we have too many children on this street that can be in danger because of someone's tardiness. Please do not allow the homeowner to increase the number of children for this daycare at this time. Thank you. Sincerely, RECEIVED JUL 1 1 ZOO3 DUBLIN PLANNING HI'GHGROVE AT D UI~ k I N Ik A N C I'] N HOBST~DNE PLACE DSRSD Reservoir P',o~ Ckos~ LEGEND: TTT SLOPE ~ RETAINING 1 MAS ONRY WALL DUBLIN PLANNING RESOLUTION NO. 03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE PA 03-024 WHEREAS, Doina Frentescu, on behalf of Urduja Aragon, submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary use within an existing single-family residence in a PD (Planned Development) Zoning District, located at 6071 Round Hill 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 July 22, 2003; 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: The proposed Large Family Day Care Home at 6071 Round Hill Drive in Dublin will not have a significant effect on the environment based on review of the Initial Study and public testimony. Bo 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. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby adopt the Negative Declaration for PA 03-024, the proposed Large Family Daycare Home at 6071 Round Hill Drive in Dublin. ATTACHMENT b PASSED, APPROVED AND ADOPTED this 22nd day of J,uly 2003. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Manager G:\PA#\2003\03-024 Aragon Day Care CUPh°C Reso ND.DOC RESOLUTION NO. 03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT REQUEST FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE PA 03-024 WHEREAS, Doina Frentescu, on behalf of Urduja Aragon, submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary use within an existing single-family residence in a PD (Planned Development) Zoning District, located at 6071 Round Hill 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. 03- ) for this project as it will have no significant effect on the environment; and WHEREAS, the Planning Commission held a public heating on said application on July 22, 2003; and and WHEREAS, proper notice of said public hearing was given in all respects as required by law; 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 Daycare Home is compatible with other land uses, transportation and service facilities in the vicinity because noise and traffic impacts will be minimized by restrictions on the hours of operation, the small amount of services consumed, and the low 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. ATTACHMENT C. The use will not be injurious to property or improvements in the neighborhood because the daycare home will minimize noise impacts and traffic impacts through limits on the number of children and the hours of operation. 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 being proposed. F. The Large Family Daycare 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 03-024, a Large Family Daycare Home Conditional Use Permit application, as generally depicted by the project plans dated received May 29, 2003, 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 8 children in the Daycare home), and shall be subject to Planning Department review and approval. Planning Department requirements: 1. This Conditional Use Permit approval for PA 03-024 is to allow the operation of a daycare facility at 6071 Round Hill Drive in a PD (Planned Development) Zoning District. This approval shall generally conform to the project plans stamped approved, consisting of a Site plan and Floor Plan dated received by the Planning Department on May 29, 2003. 2. The maximum number of children present at the daycare facility at any one time shall not exceed 14. 3. The large family Daycare home shall operate Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. and shall be closed on the weekends. 4. 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. 5. 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. 6. 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 Daycare Home. 7. On a continuous basis, the Applicant shall provide the City of Dublin Planning Department with a current Daycare operating license issued by the State of California Department of Social Services. 8. 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. 9. 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. 10. The occupants of the home shall have no more than two vehicles parked at the project site as long as a daycare home is being operated at this address. The garage at the subject site shall be kept free and clear for parking the two vehicles during the daycare hours of operation so that parking spaces in the driveway and on-street in front of the home are available for employee and parent parking. 11. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. 12. No signage advertising the daycare home is permitted. 13. 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. 14. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. Building Department requirements: 15. Exits: Two exits with a minimum unobstructed width of 36 inches are required. There is currently only one exit that meets this requirement: the front door. Building permits shall be obtained to modify one of the other exits in the building so that two proper exits can be provided. Fire Department requirements: 16. The daycare use is limited to the first floor of the home only. Daycare shall not be conducted in the garage. 17. Smoke Detectors are required in all areas used by the daycare. 18. Provide a 2Al 0BC fire extinguisher in the daycare area. 19. Provide a manual pull station in an approved location tied to a fire alarm signal that is 15 decibels above ambient noise levels. 20. Exit Hardware. Exit doors must be openable from the inside without special knowledge, effort, or the use of a key. Deadbolts shall open when the lever hardware is used and no additional chains or latches are allowed. 21. An on site inspection is required prior to Fire Department approval. The inspection fee is $80.00, and the inspection is also required by State Licensing. 22. The daycare director shall file a Capacity Increase Form with Community Care Licensing to ensure that the facility can adequately and safely served the proposed increased number of children. 23. State law and Dublin Police Services require the daycare director and all staff member(s) to be trained as mandated reporters of suspected child abuse. The Daycare 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. PASSED, APPROVED AND ADOPTED this 22nd day of July, 2003. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:XPA#~2003X03-024 Aragon Day Care CUPLPC Reso.doc RESOLUTION NO. 03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A CONDITIONAL USE PERMIT REQUEST FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE PA 03-024 WHEREAS, Doina Frentescu, on behalf of Urduja Aragon, submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary use within an existing single-family residence in a PD (Planned Development) Zoning District, located at 6071 Round Hill Drive; and WHEREAS, the Planning Commission held a public hearing on said application on July 22, 2003; 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 denied; 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 Daycare Home is not compatible with other land uses, transportation and service facilities in the vicinity because noise and traffic impacts will not be minimized by restrictions on the hours of operation, the small amount of services consumed, and the number of vehicle trips generated. B. The use will adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. C. The use will be injurious to property or improvements in the neighborhood because the daycare home can not minimize noise impacts and traffic impacts through limits on the number of children and the hours of operation. D. There are not 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. ATTACHMENT E. The subject site is not physically suitable for the type, density and intensity of the use being proposed. F. The Large Family Daycare Home is 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 deny PA 03-024, a Large Family Daycare Home Conditional Use Permit application, as generally depicted by the project plans dated received May 29, 2003, on file with the Dublin Planning Department. PASSED, APPROVED AND ADOPTED this 22nd day of July, 2003. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:~PA#L2003\03-024 Aragon Day Care CUP,PC Reso.doc