HomeMy WebLinkAbout95-017 A Creative Preschool CUPTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: June 19, 1995
Planning Commission
Planning Staff
Jeri Ram, Associate Planner
PA 95-017 A Creative Playschool
Conditional Use Permit
GENERAL INFORMATION:
PROJECT: A Conditional Use Permit for a day care center in a single family
home that will have a maximum student attendance of 30 children, ages 2 through 5
years. The Center will operate Monday through Friday from 7:00 A.M. to 6:30 P.M.
APPLICANT/
PROPERTY OWNER:
Janet Zupetz and Dawn Bowen
6837 Amador Valley Boulevard
Dublin, CA 94568
LOCATION:
6837 Amador Valley Boulevard
ASSESSOR PARCEL: 941-196-006
GENERAL PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING/
LAND USE:
R-l-B-E, Single Family Residential
ITEM NO. ~.~. COPIES TO: Applicants/Owners
PLANNING COMMISoJON STAFF REPORT
PA 95-017, A Creative Playschool Conditional Use Permit
SURROUNDING LAND
USE AND ZONING:
North: R-l-B-E, Single Family Residential
South: R- 1-B-E, Single Family Residential
East: R-l-B-E, Single Family Residential
West: R-I-B-E, Single Family Residential
ZONING HISTORY:
Tract 2486:
The Final Map for Tract 2486 was filed in Alameda County on
May 28, 1964.
B.P. 1-5299B:
The Building Permit for construction of the single family
residential unit was issued by Alameda County on September 15,
1966, and had a final inspection on February 10, 1967.
V-7733:
A variance on side yard fence height was issued on August 23,
1978.
APPLICABLE REGULATIONS:
Section 8-26.2(a) of the Dublin Zoning Ordinance states that a community
facility (which includes a daycare facility, Section 8-20.10) may be permitted as a
Conditional use within the R-1 Zoning District.
Section 8-94.0 states that conditional uses must be analyzed to determine
whether or not the use is required by the public need; 2) whether or not the use will be
properly related to other land uses, transportation and service facilities in the vicinity;
3) whether or not the use will materially affect the health or safety or persons residing
or working in the vicinity; and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the district in which it is
located.
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 noise, parking, land use and traffic, among others. It was
2
PLANNING COMMIS~,.ON STAFF REPORT
PA 95-017, A Creative Playschool Conditional Use Permit
determined that the proposed project will not have a significant effect on the
environment. A copy of the proposed Negative Declaration is attached to this report as
Exhibit B.
NOTIFICATION: Public Notice of the public review period of the Negative
Declaration and the June 19, 1995, public hearing was published in the local
newspaper, mailed to adjacent property owners, and posted in public buildings.
ANALYSIS:
The Applicants, Janet Zupetz and Dawn Bowen are requesting a Conditional
Use Permit to operate a daycare facility as the primary use within an existing single
family residence in an R-1-B-E Single Family Residential Combining District. A
Creative Playschool would be located at 6837 Amador Valley Boulevard at the corner
of Brighton Drive. (Attachment i).
The proposed daycare use will accommodate a maximum of 30 children, ages 2
through 5 years of age. The Center will operate 7:00 A.M. to 6:30 P.M. Monday
through Friday. At maximum capacity, it will have two full time and two part time
staff members.
The house will be modified internally to provide an additional play area and
bathroom facility. The backyard to the Center will be altered by filling in the
swimming pool (Exhibit A).
Staff reviewed the possible noise impacts of this use on the adjacent
homeowners. The backyard play area abuts two residences (Attachment 2). The
residence to the north at 6842 Brighton Drive faces on Brighton Drive and therefore its
side yard would be adjacent the Center's rear yard. The home to the west, at 6849
Amador Valley Boulevard is oriented in the same direction as the Center. Therefore
the two backyards are adjacent each other. As indicated on Attachment 2, no other
residence would be abutting the Center. The applicants have noted in their written
statement that a maximum of ten children, under staff supervision, will be outside
playing at a time (Attachment 3).
Staff recommends three Conditions of Approval be placed on the project to
control noise and maintain child safety. These Conditions will require that the children
remain indoors before 8:30 A.M.; that there be a maximum of ten supervised children
in the backyard at any time; and, during pick up periods, children are to remain in
either the house or backyard, under supervision, until their parent or guardian arrives.
PLANNING COMMI~,olON STAFF REPORT
PA 95-017, A Creative Playschool Conditional Use Permit
The Center will be closed during the evening and weekend hours when most
homeowners typically enjoy their rear yards. It should be noted that, if the residence
was occupied by a family with children, it is likely that the backyard pool area in the
evening and weekend hours would be more noisy than the Center. The Applicants plan
to fill in the pool and have backyard supervised play during the non-weekend daytime
hours.
Four employee parking spaces will be provided on-site; two within the existing
garage and two on the driveway. Additionally, concrete will be poured adjacent the
driveway and the path to the house to provide a parking space for parents who may
wish to visit the Center for an extended time. A Creative Playschool will be located on
a corner lot, at Amador Valley Boulevard and Brighton Drive. Adequate parking exists
on the street adjacent the Center for at least three parking spaces. These spaces are
conveniently located for parents to pick-up or drop-off their children at the Center. A
Creative Playschool would be in proximity to three schools in the area (Attachment 1).
It would, therefore, be convenient for parents with older children attending the
neighborhood schools. Additionally, the corner location is beneficial for access and
parking.
The legislature of the State of California has adopted laws to encourage child
care centers in residential areas. It is a public policy of the State of California to
provide child care facilities in the same type of environment as the regular home
setting. Additionally, the City's Zoning Ordinance recognizes that daycare facilities in
residential areas are compatible with the intent of the various residential zoning districts
in the City.
There are many licensed daycare facilities in the City of Dublin. The City's
Code Compliance Officer did not report any complaints within the last two years on
any of the licensed daycare facilities in the area surrounding the project.
There have been some complaints from citizens regarding traffic at Amador
Valley Boulevard and Brighton Drive, especially during the morning preschool hours.
Presently traffic is controlled by a stop sign on Brighton Drive at Amador Valley
Boulevard. The City commissioned a study in 1994 to see if the intersection should be
further improved with an additional stop sign on Amador Valley Boulevard. The Study
found that the traffic and accident rates at that intersection did not "warrant"
improvements. Traffic would have to more than double on Brighton before the traffic
"warrant" would be met.
Staff evaluated the increase of traffic that would occur at maximum capacity of
the daycare center (if everyone arrived within the same time period). The increased
trips would not approach the number of trips required for Staff to recommend an
additional stop sign on Amador Valley Boulevard. A traffic study performed for this
project determined that the project should contribute $1,490.00 towards future traffic
improvements in the area. The Applicant has voluntarily agreed to pay that amount.
4
PLANNING COMML ~,ION STAFF REPORT
PA 95-017, A Creative Playschool Conditional Use Permit
The Applicant is currently applying for the necessary licensing from the State
Department of Social Services for the proposed large daycare use. Conditions are
included in the draft Resolution (Exhibit D) requiring continued verification of
appropriate licensing and yearly participation in a Child Abuse Prevention Program
approved by Dublin Police Services.
The proposed daycare use is in conformance with all applicable regulations of
the Zoning Ordinance and the General Plan. This project has been reviewed by other
City departments and affected agencies, and their comments have been incorporated
into the draft Resolution.
RECOMMENDATIONS:
FORMAT:
ACTION:
1)
2)
3)
4)
5)
6)
Open public hearing and hear staff presentation.
Take testimony from the Applicant and the public.
Question Staff, Applicant and the public.
Close public heating and deliberate.
Adopt Resolution approving the Negative Declaration for
PA 95-017, A Creative Playschool Project
Adopt Resolution approving PA 95-017, A Creative
Playschool Conditional Use Permit, or give Staff and
Applicant direction and continue the matter.
Staff recommends that the Planning Commission adopt the draft
Resolutions approving the Negative Declaration (Exhibit C) and
Conditional Use Permit (Exhibit D) relating to PA 95-017.
To approve the project as presented, a Planning Commissioner may
make a motion such as:
I move to adopt the Resolutions approving the Negative
Declaration and Conditional Use Permit for PA 95-017, A
Creative Playschool.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Project Plans
Negative Declaration
Resolution Approving Negative Declaration
Resolution Approving Conditional Use Permit
PLANNING COMMIS~ ON STAFF REPORT
PA 95-017, A Creative Piayschooi Conditional Use Permit
Background Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Area Location Map
Location Map
Applicant's Written Statement
G:\PA95017\stf6-19
i
'F
NEGATIVE DECLARATION
(Prepared pursuant to city of Dublin
Environmental Guidelines, Section 1.7(c), 5.5)
Project Description: A request for a licensed daycare center for
up to thirty /30) children between the aqes of 2 years to 5 years,
operatinq Monday through Friday between 7:00 a.m. - 6:30 p.m..
Project Location: 6837 Amador Valley Boulevard
Name of Proponent: Janet Zupetz, Dawn Bowen
I hereby find that the above project will not have a significant
effect on the environment.
Attached is a copy of the Initial Study ("Environmental Information
Form" and "Environmental Checklist") documenting the reasons to
support the above finding~
~a~~~
Laurence L. Tonq
Printed Name
Planninq Director
Title
May 31,1995
Date
Attachments
Date Published:
Date Posted:
Date Notice Mailed:
Considered by:
On:
Action on Negative Declaration:
Approved Disapproved
Notice of Determination filed:
Council Resolution No.
EXHIBIT
INITIAL STUDY
(ENVIRONMENTAL CHECKLIST FORM)
(Completed pursuant to City of Dublin
Environmental Guidelines, Section 1.6)
APPLICATION NO.:
PA 95-017 A Creative Playschool
I. BACKGROUND
Name, Address and Phone Number of Proponent:_
Janet Zupetz 5525 Old School Road, Pleasanton, CA 94588
Dawn Bowen 6837 Amador Valley Boulevard, Dublin, CA 94568
(510} 248-1686
2. Agency Requiring Checklist: City of Dublin
Name of Proposal, if applicable: A Creative Playschool
Description of Project: Licensed daycare center for up to thirty
(30) children between the aqes of 2 years to 5 years, operatinq
Monday through Friday between 7:00 a.m. - 6:30 p.m.
II. ENVIRONMENTAL IMPA, i (See Part III for discus on of environmental
topics)
Y~S MAYBE NO SOURCE2
EARTH.
Will the proposal result in:
X 1,3
ao
Unstable earth conditions or in changes of
geologic substructures?
X 1,3
bo
Disruptions, displacements, compaction or
over covering of the soil?
X 1,3
Ce
Change in topography or ground surface relief
features?
X 1,3
do
The destruction, covering or modification of
any unique geologic or physical features?
X 1,3
e o
Any increase in wind or water erosion of
soils, either on or off the site?
X 1,3
f o
Changes in deposition or erosion of beach
sands, or changes in siltation, deposition,
or erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
X 1,3
go
Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
2. AIR. Will the proposal result in:
X 1,3
Substantial air emissions of deterioration of
ambient air quality?
X 1,3
b. The creation of objectionable odors?
X 1,3
Ce
Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
X 1,3
Construction or alteration of a facility
within one-fourth of a mile of a school which
might emit hazardous air emissions? If Yes,
school district must be consulted and must
be given written notification of the project
not less than 30 days prior to approval of
EIR or Negative Declaration (Pub. Res. Code
21151.4).
3. WATER. Will the proposal result in:
X 1,3 a.
Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters?
2Refer to appropriate note on page 8
-2-
II. ENVIRONMENTAL IMPA~
topics)
YES MAYBE NO SOURCE2
X 1,3 b.
X 1,3 c.
X 1,3 d.
X 1,3 e.
X 1,3 f.
X 1,3 g.
X 1,3 h.
X 1,3 i.
X 1,2,3 a.
X 1,2,3 b.
X 1,2,3 c.
X 1,2,3 d.
So
X 1,2,3 a.
(See Part III for discus.. ~n of environmental
Changes in absorption rates, drainage
patterns or the rate and amount of surface
water runoff?
Alterations to the course or flow of flood
waters?
Change in the amount of surface water in any
water body?
Discharge into surface waters, or in any
alteration of surface water quality,
including but not limited to, temperature,
dissolved oxygen or turbidity?
Alteration of the direction of rate of flow
of ground waters?
Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
Substantial reduction in the amount of water
otherwise available for public water
supplies?
Exposure of people or property to water
related hazards such as flooding or tidal
waves?
PLANT LIFE. Will the proposal result in:
Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
Reduction of the numbers of any unique, rare
or endangered species of plants?
Introduction of new species of plants in a
barrier to the normal replenishment of
existing species?
Reduction in acreage of any agricultural
crop?
ANIMAL LIFE. Will the proposal result in:
Change in the diversity of species, or
numbers of any species of animals (birds,
2Refer to appropriate note on page 8
-3-
II. ENVIRONMENTAL IMPA~'_
topics)
YES MAYBE NO SOURCE2
(See Part III for discuss n of environmental
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
X 1,2,3
Reduction of the numbers of any unique, rare
or endangered species of animals?
X 1,2,3
Co
Introduction of new species of animals
an area, or result in a barrier to the
migration or movement of animals?
into
X 1,2,3
Deterioration to existing fish or wildlife
habitat?
6. NOISE. Will the proposal result in:
X 1,2
a. Increases in existing noise levels?
X 1,2,3
b. Exposure of people to severe noise levels?
X 1,2,37.
LIGHT A/~D GLARE.
light or glare?
Will the proposal produce new
X 1,2,38.
LAND USE. Will the proposal result in a
substantial alteration of the present or planned
land use of an area?
9. NATURAL RESOURCES. Will the proposal result in:
X 1,2,3
a o
Increase in the rate of use of any natural
resources?
X 1,2,3
bo
Substantial depletion of any non-renewable
natural resource?
10. RISK OF UPSET. Will the proposal involve:
X 1,2,3
Se
A risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
X 1,2,3
bo
Possible interference with an emergency
response plan or an emergency evacuation
plan?
X 2 11.
POPULATION. Will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area?
X 1,2,312.
HOUSING. Will the proposal affect existing
housing, or create a demand for additional
housing?
2Refer to appropriate note on page 8
-4-
II. ENVIRONMENTAL IMPA~
topics)
YES MAYBE NO SOURCE2
13.
X 1,2,3
X 1,2,3
X 1,3
X 1,2,3
X 1,2,3
X 1,3
14.
X 1,2,3
X 1,2,3
X 1,2,3
X 1,2,3
X 1,2,3
X 1,2,3
15.
X 1,2,3
X 1,2,3
(See Part III for discus Dn of environmental
TRANSPORTATION/CIRCULATION.
result in:
Will the proposal
Generation of substantial additional
vehicular movement?
bo
Effects on existing parking facilities, or
demand for new parking?
Co
Substantial impact upon existing
transportation and traffic systems?
Alterations to present patterns of
circulation or movement of people and/or
goods?
Alterations to waterborne, rail or air
traffic?
f o
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following
areas?
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
Maintenance of public facilities, including
roads?
f. Other governmental services?
ENERGY. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
Substantial increase in demand upon existing
sources of energy or require the development
of new sources of energy?
2Refer to appropriate note on page 8
-5-
II. ENVIRONMENTAL IMPAt (See Part III for discus. 3n of environmental
topics)
YES MAYBE NO SOURCE2
16.
UTILITIES. Will the proposal result in a need for
new systems or substantial alterations to the
following utilities:
X 1,2,3
a. Power or natural gas?
1,2,3
b. Communications systems?
X 1,2,3
c. Water?
X 1,2,3
d. Sewer or septic tanks?
X 1,2,3
e. Storm water drainage?
X 1,2,3
f. Solid waste and disposal?
17. HI/MJkN HEALTH. Will the proposal result in:
X 1,3
so
Creation of any health hazard or po{ential
health hazard (excluding mental health)?
X 1,3
bo
Exposure of people to potential health
hazards?
X 1,3 18.
AESTHETICS. Will the proposal result in the
obstruction of any scenic vista or view Open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
X 2,3 19.
RECREATION. Will the proposal result in an impact
upon the quality or quantity of existing
recreational opportunities?
2 0 . CULTURAL RESOURCES .
1,2,3 a.
Will the proposal result in the alteration of
or the destruction of a prehistoric or
historic archaeological site?
X 1,2,3 b.
Will the proposal result in adverse physical
or aesthetic effects to a prehistoric,
historic, or architecturally significant
building, structure, or object?
X 1,2,3 c.
Does the proposal have the potential to cause
a physical change which would affect unique
ethnic cultural values?
X 1,2,3 d.
Will the proposal restrict existing religious
or sacred uses within the potential impact
area?
2Refer to appropriate note on page 8
II. ENVIRONMENTAL IMPAC
topics)
YES MAYBE NO SOURCE2
21.
X 1,2,3
X 1,2,3
X 1,2,3
X 1,2,3
X 1,2,3
(See Part III for discusa ,n of environmental
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 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 the potential to
achieve short-term to the disadvantage of
long-term, environmental goals? (A short-
term im~act on the environment is one which
occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
c. Does the project have impacts which are
individually limited but cumulatively
considerable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant).
d. Does the project have environmental
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly?
22. EIR REQUIRED BY STATUTE. Does the project
involve construction of any facility which burns
municipal waste or refuse-derived fuel? NOTE: If
the answer is yes, then an EIR must be prepared
and certified under Public Resources Code Section
21151.2(a) unless subsections (b) and (c) make
that section inapplicable.
2Refer to appropriate note on page 8
-7-
II. ENVIRONMENTAL IM. £TS (See Part III for disc sion of
environmental topics)
YES MAYBE NO SOURCE2
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
(See attached statement)
IV. DETERMINATION
On the basis of this initial evaluation:
X
__I find the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED.
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 the mitigation measures
described on an attached sheet have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
__I find the proposed project MAY have a significant effect on the
environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that State statute requires that an ENVIRONMENTAL IMPACT
REPORT be prepared and certified.
~~~ ..... Associate Planner
signature Title
Jeri Ram
Printed Name
May 30,1995
Date
(1) Determination based on location of project.
(2) Determination based on staff office review.
(3) Determination based on field review.
(4) Determination based on the City of Dublin General Plan.
(5) Determination based on the city of Dublin Zoning Ordinance.
(6) Determination based on Specific Plan.
(7) Not applicable.
/initial. study
2Refer to appropriate note on page 8
ISSUES FOUND NOT TO BE SIGNIFICANT
The following issues have been found not to be significant as is
indicated by a "No" response on the Environmental Checklist. The
development will not produce significant adverse impacts for the
following reasons:
1. Earth, Water, Plant & Animal Life, and Natural & Cultural
Resources: The project is a daycare center that will be located
in an existing single family residence in a developed urban area.
No new construction or other physical changes that would impact
the earth, water, plant and animal life, or natural and cultural
resources is anticipated on the project site. Therefore, as
noted in the initial study checklist form, under the topic of
Earth, items a through g will not be significantly impacted;
under the topic of Water, items a through d will not be
significantly impacted; under the topic of Plant Life, items a
through d will not be significantly impacted; under the topic of
Animal Life, items a through d will not be significantly
impacted; under the topic of Natural Resources, items a and b
will not be significantly impacted; and under the topic of
Cultural Resources, items a through d will not be significantly
impacted.
2. Air: It is not anticipated that the project will
substantially deteriorake ambient air quality from the additional
traffic generated from the daycare center. This is due to the
facility's limited hours of operation and staggered time periods
in which children are picked-up or dropped-off from the facility.
The project will not result in the creation of objectionable
odors or the alteration of climatic changes regionally or
locally. The project will not involve the emission of hazardous
materials into the environment. Therefore, as noted in the
initial study checklist form, under this topic, items a through d
will not be significantly impacted.
3. Noise: The project will not increase existing noise levels
significantly or expose people to severe noise levels. The
applicant will not use the single family residential housing unit
as a residence and therefore the house will be vacant evenings
and weekends. On the weekdays, noise levels are controlled as
there will be no more than ten (10) children, under adult
supervision, playing outside at any given time. This will
minimize any disturbances to residential homes directly adjacent
to the daycare center. Therefore, as noted in the initial study
checklist form, under this topic, items a and b will not be
significantly impacted.
4. Light and Glare: The project will not produce new light or
glare. The applicant has indicated that the exterior of the
building will retain its residential character as to blend in
with the existing residential homes in the neighborhood. No
additional external lighting is proposed.
5. Land Use: The daycare center will be in an existing single
family residential housing unit between the operating hours of
7:00 a.m. to 6:30 p.m., Monday-Friday. The exterior of the house
will look like a residential unit. The use will not alter the
planned land use of the neighborhood because these uses are
permitted to be located in residential neighborhoods with a
conditional use permit.
6. Risk of Upset: The project will not involve a risk of an
explosion or the release of hazardous materials since no
hazardous substances will be on the project site. In addition,
the project will not interfere with emergency response plans or
emergency evacuation plans since the project does not physically
impact adjacent streets in the event of an emergency. Therefore,
as noted in the initial study checklist form, under this topic,
items a and b are not significantly impacted.
7. Population: The project will not significantly alter the
overall density, location, distribution, or growth rate of the
human population in the area. The project will only increase the
number of people in the area between the daycare facility's
operating hours of 7:00 a.m. to 6:30 p.m., Monday-Friday.
8. Housing: The project will not significantly impact existing
housing or create a demand for additional housing in the area.
The project is intended to serve the existing residents in the
neighborhood and remain a single family residential housing unit.
9. Transportation/Circulation: The project will not result in
significant impacts to the transportation and circulation system
from the generation of additional vehicular movement, demand for
parking, and modifications to existing traffic systems. The
applicant has paid a Traffic Impact Fee (TIF) of $1,490 to fund
improvements along Dublin Boulevard, Village Parkway, and Amador
Valley Boulevard based on the City of Dublin Capital Improvement
Program. Adequate parking is available on Brighton Drive and
Amador Valley Boulevard to pick-up or drop-off children. As
specified on the site plan, there will be two (2) garage spaces
for full-time staff and three (3) parking spaces reserved for
part-time staff parking and parent conference parking in the
driveway.(See Attachment A) Therefore, in the initial study
checklist form, under this topic, there will not be significant
impacts under items a through f.
10. Public Services: The project is a daycare center in an
existing residential home and will not have an effect upon or
create a need for new or altered governmental services in the
areas of fire protection, police protection, schools, maintenance
of public facilities (including roads), parks or other
recreational facilities, or any other governmental services.
11. Energy and Utilities: Child daycare centers do not use
substantial amounts of fuel or energy. Therefore, the project
will not increase the demand upon existing sources of energy or
require the development of new sources of energy. The project
will not result in a need for new systems or substantial
alterations to the following utilities: (a) power or natural gas,
(b) communication systems, (c) water, (d) sewer or septic tanks,
(e) storm water drainage, or (f) solid waste and disposal. This
is because the project is a daycare facility, located in an
urbanized area, with sufficient utility services to meet the
demands resulting from the project.
12. Human Health: Because the project is a daycare facility, it
will not create or expose people to any potential health hazards.
13. Aesthetics: The project will not result in the obstruction
of any scenic vista or view open to the public or the creation of
an aesthetically offensive site open to public view since the
project is located in an existing single family residence and no
new construction is involved.
14. Recreation: The project will not result in an impact upon
the quality or quantity of existing recreational opportunities.
The applicant has indicated that recreational activities will
take place in the backyard of the daycare center.
,?
rI,' .
TGI ~
RESOLUTION NO. 95 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION FOR PA 95-017
A CREATIVE PLAYSCHOOL DAYCARE
CONDITIONAL USE PERMIT
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-l-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard, 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 June 19, 1995; and
WHEREAS, proper notice of said public heating was given in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. A Creative Playschool Daycare 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.
EXHIBIT c,
RESOLUTION NO. 95- PAGE TWO OF TWO
NOW, THEREFORE BE IT FURTHER RESOLVE THAT THE Dublin Planning
Commission does hereby adopt the Negative Declaration for PA 95-017, A Creative Playschool
Conditional Use Permit Project.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1995.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATI'EST:
Planning Director
(g:\pa#\1995\017\NDrcso)
RESOLUTION NO. 95 -
A RESOLUTION OF THE PLANNING COMMISSION
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-i-B-E, Single Family Residential
Combining District, 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 a Negative Declaration has been adopted
(Planning Commission Resolution No. ) 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 June 19,
1995; 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 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 comer 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.
EXHIBIT
C. The use, under all circumstances and conditions of this particular use, will not
materially adversely affect the health of safety of persons residing or working 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 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 Planning Commission 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, [FI 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 a Site plan and a Floor Plan dated received by the Planning Department May
30, 1995. [PL]
The maximum number of children present at the day care facility at any one time shall not
exceed 30. [PL]
The day care shall operate Monday through Friday between the hours of 7:00 a.m. and 6:30
p.m. and shall be closed on the weekends. [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.
o
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;
Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C.
o
i0.
11.
Children sounds shall be controlled so as not to create a nuisance to the adjoining residential
neighborhood. No outside activities may take place before 8:30 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.
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 ail 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,
Any signage on the site shall be subject to the City's Sign Ordinance. [PL]
17.
The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a clean and litter free site. [PL]
18.
Two parking spaces in the existing garage and two parking spaces in the driveway shall be
reserved for employee parking. [PL]
19.
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]
20.
Prior to issuance of building permits, Applicant shall voluntarily pay the traffic improvement
funds.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1995.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
(g:pa#\1995\017\cupreso)
AREA LOCATION MAP
14
ATTACHMENT
LOCATION MAP
BRIGHTON DRIVE
A CREATIVE
PLAYSCltOOL
ATTAC UENT 2..
CITY OF DUBLIN
CONDITIONAL USE PERMIT
PROPOSED DAY CARE CENTER - "A CREATIVE PLAYSCHOOL"
4. We are proposing to open a Licensed Day Care Center for thirty
children, ages Z years to 5 years (Pre-Kindergarten). Hours of
operation are 7:00 a.m. to 6:$0 p.m. , Monday - Friday. We will
offer a Pre-school program as part of the Day Care Center
activities. We will be serving breakfast, lunch and 2 snacks
of well balanced meals according-to the laws set forth by the
State. Our children will have interesting age appropriate
activities incorporating inside learning time and supervised
outdoor play activities. There will be approximately ! !/'2 -
2 1/2 hours of rest time when the school will become very
inactive so the children will be able to have sufficient
rest time. There is no reason for this center to cause any
disturbance to the peace of the neighborhood; as the children
will be well cared for and supervised. Also, it is very rare
that $0 children will be outside at the same time. For
example, 10 two year olds will be playing outdoors for 1/2
hour, they will go in for a quiet activity; then 10 three
year olds will have outside play for a 1/Z hour; finally 10
four year olds will use the play yard for a 1/2 hour. Ten
well supervised children will certainly not pose a noise
problem in the large yard area. The facility will essentially
be vacant on wee nds except for normal cle ins, etc.
There is a definite need for "quality child day care" in the
Tri-Valley area. The center "Ky Space to Grow" which is
located near the intersection of Amador Valley Blvd. and
Village Parkway is full with a waiting list. Also, Tots
University, on Oxbow Lane,is full with a waiting list.
As we become filled we are planning to hire ROP students from
Dublin High School to work as aides in our center, further
enhancing service to this community. We are also planning for
the children to do special community outreach projects like
recycling,' food and clothing drives for needy families,
singing for senior citizens in Dublin and San Ramon Senior
Centers.
The use is properly related to other land uses and
transportation service facilities in the area because Amador
Valley Blvd. isa convenient connecting Boulevard to businesses
and freeways. There are many schools in the nearby area;
Elementary, Middle School, High School, and a Montesorri
School. Although "6837" will be used for a Child Care Center,
the outside will still retain "residential character" to blend
with the existing residential homes and will not be offensive
to the neighborhood. We are definately improving the existing
structure adding a new roof and gutters, repairing the
existing broken-down fence, removing the obtrusive and
illegally placed metal storage shed from the premises, and
painting the ext ior of the entire house. ~ will be
pruning and planting new shrubs on Brighton =s to add to the
attractiveness, class and value of the neighborhood. If the
Center is
removed, adding
neighborhood not
resources,
approved, the in-ground swimming
to the peacefulness of
to mention conservation of
pool will be
the existing
valuable water
The use will not materially affect the health or safety of
persons residing or working in the vicinity. Happy, safe,
well cared for children can only add to the well being and
character of the neighborhood.
The use will not be contrary to the speclfic intent clasues
or performance standards established by the district as "6837"
will still maintain it's residential character as a home, and
therefore provide a home away from home for young children and
a much needed service for responsible working parents.
Other information: The Child Care Center "A CREATIVE PLAYSCHOOL"
for 30 children will require about 2 full time employees and 2
part-time employees, (more or less depending on enrollment).The
full-time employees are the mother & daughter (owners>. The hours
of operation will be 7:00 a.m, to 6:30 p.m., Monday - Friday. The
children are dropped off and picked up at various times
throughout the day as not to affect the traffic flow. With the
already existing schools in the neighborhood and the traffic flow
on Amador Valley, the traffic from our center will be
negllg!able. Aisc note, the speed limit is
on Amador Valley Boulevard.
miles per hour
Although we are applying for permission to ~erve 30 children, ii'
we are granted such, remember it will take time for our center to
reach full capacity and when and if it does; not all children are
in attendance every day. The facility will be essentially b~
vacant after the hours of 6:30 p.m. during the weekdays and will
sit quietly Saturday, Sunday and holidays when working folks do
their entertaining and outdoor relaxation and sleeping in on the
weekend. The elimination of the swimmin~ pool will certainly
eliminate noise problems during the day, evenings and especially
weekends and holidays of the hot summer for the surrounding
neighbors.
Also, be advised that Community Care Licensing needs to
the Center and strict guidelines with their inspections
followed, as set forth by the State of California, before
will grant a license for child care. They will be going
this Center with a fine toothed comb before approving it
approve
must be
they
over
for
children.
RESOLUTION NO. 95 - 027
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING 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-l-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard; and
WHEREAS, the Planning Commission held a public hearing on said application on June 19,
1995; 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 the operation of a day care facility for 30 children at 6837 Amador Valley Boulevard
would not benefit the community. The existing circulation problems at the intersection of Brighton
Drive and Amador Valley Boulevard would be further compounded by the operation of a day care
facility at this location.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny
PA 95-017 A Creative Playschool Conditional Use Permit application.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1995.
AYES:
Commissioners Zika, Geist, Jennings, Johnson and Lockhart
Planning ~C~6mmission ~rperson
ATTEST:
Planning Director
(g :pa#\ 1995 \017\cupres2)