HomeMy WebLinkAboutReso 082-95 CreativeDaycareCUPRESOLUTION NO. 82 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE
PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY
(COMMUNITY FACILITY) IN AN R-l-B-E, SINGLE FAMILY RESIDENTIAL COMBINING
DISTRICT AT 6837 AMADOR VALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Permit for the operation of a daycare facility, for a maximum of 30 children, as the
primary use within an existing single-family residence in an R-1-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard; and
WHEREAS, the Planning Commission held a public heating on said application on June 19,
1995; and
WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing denied
said application; and
WHEREAS, the Applicants, Janet Zupetz and Dawn Bowen have appealed the decision of the
Planning Commission to the City Council; 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 (City
Council Resolution No. 81-95) for this project as it will have no significant effect on the environment;
and
WHEREAS, proper notice of said public heating was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approve& 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 operation of the day care facility will serve a public need by providing day care in a
residential neighborhood, in a convenient location.
B. The use will 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 corner lot and has convenient parking. A traffic study was performed
for the project and the applicants have agreed to contribute their fair share of traffic impact fees.
C. The use, 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 use is consistent with the specific intent clauses or performance standards established
in the R-1-B-E Zoning District.
E. The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby conditionally
approve PA 95-017 A Creative Playschool 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, 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, [DSR]
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.
,
10.
11.
12.
13.
14.
15.
16.
17.
Prior to receiving a business license, the applicant shall make all necessary improvements for an
"E" Occupancy in conformance with the Uniform Building Code.
Prior to receiving a business license, applicant shall:
a. Provide a fire alarm system as per California Code of Regulations Section 3200 and
32004;
b. Provide one 2A10BC Fire Extinguisher;
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.
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]
There shall be no signs displayed on the site advertising the Center. [PL]
The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a clean and litter free site. [PL]
3
18.
19.
20.
21.
Two parking spaces in the existing garage and two parking spaces in the driveway shall be
reserved for employee parking. [PL]
At any time during the effectiveness of this approval, the approval shall be revocable for cause 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 251h day of July, 1995.
AYES:
Councilmembers Barnes, Burton, Howard and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN:
Councilmember Moffatt
Mayor
A T T ES ' C er kf¢
(g:pa#\1995\0 17Xccres2)
K2/7-25-95/resoply2.doc