HomeMy WebLinkAbout03-066 LrgFmlyDycrCUP02-10-2004 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: February 10, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PUBLIC HEARING - PA 03-066 Conditional Use Permit for a
Large Family Daycare Home at 6851 Langmuir Lane ~x~/ _
Report prepared by: Pierce Macdonald, Associate Planner:
3.
4.
5.
Resolution Approving Conditional Use Permit for a Large
Family Daycare Home (up to 14 Children) at 6851 Langmuir
Lane
Written Statement
Project Plans
Parking Log
Staff Analysis of On-Street Parking
2.
3.
4.
Open Public Hearing and Hear Staff Presentation;
Take Testimony from the Applicant and the Public;
Close Public Hearing and Deliberate;
Adopt Resolution (Attachment 1) approving Conditional Use
Permit for a Large Family Daycare Home (up to 14 children)
at 6851 Langmuir Lane.
PROJECT DESCRIPTION:
The proposed project is a Conditional Use Permit application for a Large Family Daycare Home in a
single-family residence located at 6851 Langmuir Lane (see Attachment 5 for project vicinity). The
residence is located near Frederiksen School and Dublin High School. The Applicant, Kelly Childers,
currently operates a Small Family Daycare Home licensed by the State of California at the site, and Ms.
Childers would like to expand enrollment from eight (8) children to fourteen (14) children. The operating
hours for the daycare are 7:30 a.m. to 5:30 p.m., Monday to Friday. The Large Family Daycare will have
two (2) family members as full-time employees, consisting of the Applicant and her adult daughter, also
living at 6851 Langmuir Lane.
ANALYSIS:
The property is zoned Single-Family Residential (R-1) and the General Plan designation is Single-Family-
Residential. Large Family Daycare (up to 14 children) is permitted in this zoning district pursuant to the
approval of a Conditional Use Permit. Small Family Daycare Homes, defined as caring for up to eight (8)
children, are permitted by right in all residential zoning districts, as well as most residential Planned
Development Districts.
Previous Permits
In 1983, the Dublin Planning Commission approved a Conditional Use Permit application submitted by the
property owners, Mr. and Mrs. Robert Karns, for a Large Family Daycare Home (PA 83-012) at the project
G:\PA#\2003\03-066 Kelly's Daycareh°C Staff Report.doc
COPIES TO:
ITEMNO.(~ I
Applicant
Property Owner
PA File
address. The maximum enrollment of the Large Family Daycare Home was 12 children. The City's original
Conditional Use Permit was renewed in 1986, 1988 and 1990. The home is still owned by Mr. and Mrs. Kams,
who have rented it to Ms. Childers. The residence has not been used as a Large Family Daycare Home for
some time and the Conditional Use Permit has lapsed.
Proiect Design
In i983, as part of the original Large Family Daycare Home approval, the Planning Commission allowed
Mr. and Mrs. Kams to convert their 457-square-foot garage into a separate play area or classroom for
children. Ms. Childers proposes to use the same classroom for the Large Family Daycare Home. This
classroom measures 24 feet, 6 inches by 18 feet, 8 inches. The classroom included a bathroom,
partitioned washer and dryer room, and two play lofts. The play lofts are reached by ladders, which are
restricted to older children and locked while unsupervised, pursuant to State licensing requirements. A
floor plan is included with this report in Attachment 3. The City of Dublin Building and Safety Division
has reviewed the plans and found that the construction meets life safety requirements.
In addition to the indoor area, the project proposes an outdoor play area located in the approximately
2,200-square-foot backyard. The backyard measures 67 feet, 4 inches, long by 32 feet, 6 inches, deep.
The backyard features a concrete patio, lawn area, and playground equipment. An existing six-foot brick
wall encloses the backyard, separating it from the single-family residences to the north and south and
South San Ramon Creek to the east. There is a heated spa in the northeast comer that is locked during
operating hours, pursuant to State licensing requirements. A site plan is included with this report in
Attachment 3.
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,
to the east, is South San Ramon Creek. According to City records and the Police Department, no
complaints have been received regarding noise or other disturbances at the subject property.
Conditions of approval are included in the attached draft resolution that limit the hours of operation of the
Daycare center from 7:30 a.m. to 6:00 p.m. (see Condition #3 of Attachment 1). The draft condition of
approval is ½ hour longer than the daycare's normal hours of operation to allow for possible delays in
parent pick-up. A further condition requires that noise generated at the site to be controlled so as not to
create a nuisance to the adjoining residential neighborhood and that no outside activities may take place
before 9:00 a.m. (see Condition #4 of Attachment 1).
Trqffic Impacts
The City's Public Works Department has determined that the traffic impacts of the proposed Large Family
Daycare Home would be minimal. 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
concentration of vehicle traffic to and from the house at any particular time. Additionally, the daycare
accepts part-time students and transports some children from school, which will reduce vehicle trips
during peak times. Part-time students are included in the maximum enrolled total of 14 children.
Parking
Per the City's Parking Ordinance, a daycare facility of this size requires three (3) off-street parking spaces
and four (4) student-loading spaces. The required parking spaces consist of two (2) reserved parking
spaces for the home and one (1) reserved space for the employee. The required loading spaces consist of
four (4) spaces based on the number of children the daycare proposes to serve. This project site has two
(2) off-street spaces in the expanded driveway, and no loading spaces. There is a shortage of one (1)
parking spaces and four (4) loading 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.
Excessive Parking Standard
The home has a two-car garage that was converted to a classroom with the approval of the Large Family
Daycare Home in 1983. Enrollment at the former Large Family Daycare Home was 12 children, the
maximum at the time. According to the Dublin Police Services Department, the previous Large Family
Day Care Home and the existing Small Family Day Care Home have not been the subject of reported
complaints from adjacent neighbors.
The Applicant's adult daughter will be the other employee of the proposed Large Family Day Care Home.
She will also live at the residence and use one of the two parking spaces reserved for the home. A third
parking space for the employee is, therefore unnecessary, as the employee will also be a resident.
On-Street Loading
The Applicant has submitted a parking log for on-street parking and for parent drop-off. The log,
prepared for December 15 and 16, 2003, states that parents drop-off and pick-up children at various times
of the day, that parents remain at the site between 3.5 and 6 minutes, and that the time between different
parents' arrivals range on average from 9 to 13 minutes. The Applicant stated that the staggered arrival
and departure times logged were typical. The log is included as Attachment 4.
In addition, the Applicant logged cars parking on the street in the public right-of-way. For the dates of
December 15 and 16, 2003, only one (1) car was parked in the public right-of-way. Staff has visited the
site and found that on-street parking is not impacted by the current Small Family Day Care Home and
neighboring residential uses. On January 28, 2004, Staff counted five (5) cars parked within 120 feet of
the proposed day care.
Staff has mapped the public right-of-way within 120 feet of the proposed Large Family Daycare Home
and found that there is enough on-street parking for 12 parking or loading spaces. In addition, there is
parking along the property's street frontage sufficient for two (2) on-street parking or loading spaces, for a
total of 14 on-street spaces. Staff's map of available on-street parking is included in Attachment 5.
In conclusion, because of staggered drop-off and pick-up times and the availability of a substantial amount
of on-street parking in the project vicinity, the combination of two (2) off-street and fourteen (14) on-
street parking spaces would be sufficient to serve the proposed Large Family Day Care Home. Overflow
parking or on-street loading and unloading of children for the Day Care Home will not adversely impact
adjacent uses.
Licensing
A condition of approval (Condition #6 of Attachment 1) is included which requires that, prior to
establishment of the use, the operator submit a copy of the State of California Department of Social
Services License Permit for the operation of a Large Family Daycare Home for verification purposes.
Another condition of approval (Condition #7 of Attachment 1) requires that on a continuing basis, the
Applicant shall provide the City of Dublin Department of Community Development with current and
updated Daycare operating licenses issued by the State of California Department of Social Services.
Public Comments
As of the writing of this report, no comments have been received from the Public.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State guidelines and City
environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared. The project has been found to be a Statutorily Exempt from the
California Environmental Quality Act (CEQA), according to Section 15274, because the project is a Large
Family Daycare Home.
CONCLUSION:
Staff believes that the proposed Large Family Daycare Home would have limited impacts to the
surrounding neighborhood related to 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.
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) close public hearing and deliberate; and, 4) adopt a
Resolution (Attachment 1) approving the Conditional Use Permit for a Large Family Daycare Home (up
to 14 children) at 6851 Langmuir Lane.
4
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
Kelly's Daycare, 6851 Langmuir Lane, Dublin, CA 94568
Robert Kams, 3611 "I" Street, Auburn, WA 98002
6851 Langmuir Lane, Dublin, CA 94568
Single-Family Residential
Single-Family Residential Zone (R- 1)
G:\PA#k2003\03-066 Kell's Daycare CUP\PC Staff Report.doc
RESOLUTION NO. -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A LARGE FAMILY DAYCARE HOME
CONDITIONAL USE PERMIT AT 6851 LANGMUIR LANE (PA 03-066)
WHEREAS, Kelly Childers, 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 Single-Family Residential (R-1) Zoning District,
located at 6851 Langmuir Lane; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and the project is Statutorily Exempt because it is a
Large Family Day Care Home; and
WHEREAS, the Planning Commission held a public hearing on said application on February 10,
2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. The proposed operation of the Large Family 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 required, 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.
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 enrolled and the hours of operation, and the children will be in a licensed daycare
facility.
ATTACHMENT
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 as the site is improved for residential daycare use.
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.
G. The Applicant has submitted a log which states that parents drop-off and pick-up children
at various times of the day; that parents remain at the site between 3.5 and 6 minutes; and that the
time between different parents' arrivals range on average from 9 to 13 minutes. In addition, the
Applicant's log states that on a typical day, one or fewer cars are parked on the street within the
project vicinity.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 03-066, a Large Family Daycare Home Conditional Use Permit application, as
generally depicted by the project plans dated received November 25, 2003 and January 22, 2004,
stamped approved and on file with the Dublin Planning Department, subject to the conditions below.
BE IT ALSO RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve a parking and loading reduction of one (1) off-street parking spaces and four (4)
off-street loading spaces because the daycare employees will be residents of the daycare home; the
staggered drop-off and pick-up times typical of the Family Day Care Home will reduce parking and
loading demand; the number of on-street parking spaces in the project vicinity is sufficient; and the
availability of on-street parking is sufficient. The Zoning Ordinance parking requirements are, therefore,
excessive in this case, and overflow parking will not adversely impact adjacent uses.
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.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
1. This Conditional Use Permit approval for PL Ongoing Standard
PA 03-066 is to allow the operation of a
Large Family Day Care Home at 6851
Langmuir Lane in a R-1 Zoning District.
This approval shall generally conform to
the project plans and statements stamped
approved, consisting of a Site Plan and
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUI~D
DEPART.
dated received by the Planning Department
on November 25, 2003, Written Statement
dated received October 21, 2003, and Floor
Plan dated received by the Planning
Department on January 22, 2004.
2. The maximum number of children present PL Ongoing Standard
at the daycare facility at any one time shall
not exceed 14.
3. The large family Daycare Home shall PL Ongoing Standard
operate Monday through Friday between
the hours of 7:30 a.m. and 6:00 p.m. and
shall be closed on the weekends.
4. Children sounds shall be controlled so as PL Ongoing Standard
not to create a nuisance to the adjoining
residential neighborhood. No outside
activities ma7 take place before 9:00 a.m.
5. l'he operator of the Center shall require PL Ongoing Standard
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 PL Ongoing Standard
operator shall submit a copy of the
approved State Department of Social
Services License Permit for the operation
of a Large Famil7 Daycare Home.
7. On a continuous basis, the Applicant shall PL Ongoing Standard
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 PL Ongoing Standard
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 PL Ongoing Standard
event the approved use fails to be
established within one year, or ceases to
operate for a continuous one-Tear period.
10. l'he occupants of the home shall have no PL Ongoing Standard
more than two vehicles parked at the
project site as long as a daycare home is
being operated at this address.
11. The Applicant shall be responsible for PL Ongoing Standard
cleanup and disposal of project related
trash in order to maintain a clean and litter
free site.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
12. No signage advertising the daycare home is PL Ongoing Standard
permitted.
13. No future modifications to the site or PL Ongoing Standard
exterior portion of the residence shall be
made without prior review by 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 PL Ongoing Standard
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.
15. The daycare use is limited to the first floor F Ongoing Standard
of the home only. Daycare shall be
conducted in the classroom shown on the
project plans. No other rooms in the
house shall be used as part of the operation
of the daycare.
16. Residential smoke detectors shall be F Ongoing Standard
required in all areas used by the daycare.
17. Provide a 2A10BC fire extinguisher in the F Ongoing Standard
daycare area.
18. Provide a manual pull station in an F Ongoing Standard
approved location tied to a fire alarm
signal that is 15 decibels above ambient
noise levels.
19. Exit doors must be openable from the F Ongoing Standard
inside without any 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.
20. An address shall be provided on the house F Ongoing Standard
that is clearly visible from the street.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
21. An on site inspection is required prior to F Ongoing Standard
Fire Department approval. The City
inspection fee is $80.00, and an inspection
is required by State Licensing which may
also require a
22. Thc daycare director shall file a Capacity PO Ongoing Standard
Increase Form with Community Care
Licensing to ensure that thc facility can
adequately and safely serve thc proposed
increased number of children.
23. State law and Dublin Police Services PO Ongoing Standard
require the daycare director and all staff
member(s) to be trained as mandated
reporters of suspected child abuse. Thc
Daycarc director shall, at a minimum of
once-a-year, make arrangements to have th(
Dublin Police Services Child Abuse
Prevention Program, or an equivalent
program approved by Dublin Police
Services, presented to thc Staff and childrm
attending thc facility. A certification of thc
presentation of such a program shall bc
submitted to thc Planning Department on a
yearly basis.
24. The Dublin Police Services Department PO Ongoing Standard
shall conduct an on-site inspection.
PASSED, APPROVED AND ADOPTED this 10th day of February, 2004.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
October 10,2003
To Whom It May Concern:
I am currently operating a licensed daycare from my home with a maximum capacity of
6-8 children. I am applying for an increase in capacity level. I would like to expand my capacity
to 12-14 children. I am anticipating on hiring 1 full time employee. My daycare hours are
7:30 am - 5:30 pm Monday through Friday.
I feel my business will benefit the community, as daycare is in high demand in Dublin. I
have had to turn away several working parents looking for quality daycare due to my capacity
level. My desire is to open my home to families in need of supervision for their children while
they are away at work. I feel my business also benefits the community of our next generation, as
I offer a preschool program for little tots, which, ready them for their kindergarten and
elementary school years.
My business will not cause any disturbance to my neighbors, as I teach and enforce the
"respect others" rule. There are a few other homes that run daycare on my block also. Health and
safety are a priority as a caregiver that I feel strongly in supporting. Which in return will not pose
any problem to my residing neighbors. Furthermore, there will be no negative impacts on
property, transportation systems or existing, improvements in the neighborhood, and is not
located on a hazardous waste and substance site.
In closing, I would like to thank you for considering approving my application. My
objective in running a daycare is to make a positive difference in the lives of children, and allow
parents to have peace of mind that their children are loved and nurtured while they are away.
Sincerely,
kelly IfL)Ch~lders
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