HomeMy WebLinkAbout04-058 Kids Learning Ctr - CUP
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: January 11,2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PROJECT DESCRIPTION:
PUBLIC HEARING - P A 04-058 Kids Learning Home Day Care
Conditional Use Permit for a Large Family Daycare (up to 14
children) at 7029 Tory Court -
(Report prepared by: Charity Wagner, Associate PlannerJ¥----
1.
Resolution Approving a Conditional Use Pennit for a Large
Family Day Care (up to 14 children) at 7029 Tory Court
Written Statement
Site Plan
Floor Plans
2.
3.
4.
1.
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 1) approving Conditional Use
Pennit for a Large Family Daycare (up to 14 children) at
7029 Tory Court
The subject property is currently operated as a Small Family Day Care and is zoned R-1 (Single-Family
Residential) with a General Plan designation is Single-Family Residential. The Applicant has operated a
Small Family Daycare in this location on and off since 1975 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
pennitted by right in all residential zoning districts; whereas, Large Family Daycare homes are pennitted
in this zoning district pursuant to the approval of a Conditional Use Pennit.
The Applicant requests approval of a Conditional Use Pennit for a Large Family Daycare (up to 14
children) in a single-family home located at 7029 Tory Court. The standard operating hours for the
daycare are Monday - Friday from 7:00 a.m. to 5:30 p.m. The Large Family Daycare will have two full-
time employees consisting of the Applicant and her daughter-in-law. As indicated in the attached written
statement, the Applicant wants to increase the size of the day care to allow for her to care for her
grandchildren and to help meet the need for infant care in the community. The Applicant intends to care
for up to 4 infants and 6 to 8 toddlers. The City has not received any complaints regarding the existing
daycare operation.
G:\P A#\2004\04-058 Stanley Day Care\PC Staff Report.doc
COPIES TO:
Applicant
Property Owner
P A File
ITEM NO. ~,
ANALYSIS:
Noise Impacts
Staff visited the site and detennined that noise impacts to surrounding residences would be minimal. The
project site is an interior lot surrounded by single-family homes. A Condition of Approval is included in
the resolution that limits the hours of operation from 7:00 a.m. to 5:30 p.m. Monday through Friday. The
Conditions further require that noise generated at the site be controlled so as not to create a nuisance to the
adjoining residential neighborhood. Outside activities are restricted from taking place before 9:00 a.m. or
after 5:00 p.m. (Condition 4).
Traffic Imvacts
The City's Traffic Engineer detennined 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, parents typically drop-off and pick-up their children at staggered times throughout the
mornmg.
Parking
Per the City's Parking Ordinance, a daycare facility of this size is required to provide seven (7) off-street
parking spaces. Two (2) parking spaces are reserved for the home, one (1) space is reserved for the
employee, and four (4) parking spaces based on the number of students the daycare will serve. This
project site has four (4) off-street parking spaces: two (2) spaces in the garage and two (2) spaces in the
driveway, resulting in a shortage of three (3) off-street parking spaces. The Parking Ordinance allows for
a parking reduction if it can be shown that:
1. The Conditional Use Pennit 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 Applicant will utilize the parking spaces in the garage and the employee (daughter-in-law) will use
one of the parking spaces in the driveway. There is one parking space in the driveway and two (2) 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 have been prepared for previous Large Family Daycare
Conditional Use Pennits. These parking studies have demonstrated that it takes approximately six (6)
minutes to drop-off or pick-up a child. 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.
Licensim!
Condition 6 has been included in the resolution and requires the operator to submit a copy of the State of
California Department of Social Services License Pennit for the operation of a Large Family Daycare
Home for verification purposes, prior to establishment of the use. The conditions of approval (Condition
7) further require the Applicant, on a continuing basis, to provide the Community Development
Department with current and updated Daycare operating licenses issued by the State of California
Department of Social Services.
Public Notice
A public notice was sent to property owners within a 300-foot radius of the project to advise them of this
request for a Conditional Use Pennit. At the time this report was prepared, Staff had not received any
comments or concerns from adjacent neighbors.
2
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), pursuant to CEQA Guidelines 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 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.
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 1) approving the Conditional Use Pennit
for a Large Family Daycare (up to 14 children) at 7029 Tory Court.
3
GENERAL INFORMATION:
APPLICANT:
Lendel Stanley, Stanley Day Care, 7029 Tory Court, Dublin, CA 94568
PROPERTY OWNER:
Roy and Lendel Stanley, 7029 Tory Court, Dublin, CA 94568
LOCATION:
7029 Tory Court, Dublin, CA 94568
GENERAL PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING
AND LAND USE:
R-1 (Single-Family home)
G:\P A#\2004\04-058 Stanley Day Care\PC Staff Report.doc
4
RESOLUTION NO. 05-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR P A 04-058 KIDS LEARNING HOME DAY CARE
CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME
AT 7029 TORY COURT
WHEREAS, Lendel Stanley, submitted an application requesting approval of a Conditional Use
Pennit 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 R-l Zoning District, located at 7029 Tory Court; 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 per Section 15274,
because it is a Large Family Day Care Home; and
WHEREAS, the Planning Commission held a public hearing on said application on January 11,
2005; 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.
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.
ATTACHMENT
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 perfonnance standards established for the zoning district in which it is located
because it is a residential use.
BE IT ALSO RESOLVED THAT THE Dublin Planning Commission does hereby conditionally
approve a parking and loading reduction of three (2) off-street loading spaces because 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.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve P A 04-058, a Conditional Use Pennit application to operate a Large Family
Daycare Home, as generally depicted by the Site Plan, Floor Plan dated received November 02, 2004, and
written statement dated received November 1, 2004, stamped approved and on file with the Dublin
Planning Department, subject to the conditions below.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building pennits or establishment of use (having more than 8 children in the Daycare Home), and shall be
subject to review and approval by the City of Dublin. The following codes represent those
departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.]
Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY / REQUIRED
DEPART.
PLANNING CONDITIONS
1. This Conditional Use Pennit approval for PL Ongoing Standard
P A 04-058 is to allow the operation of a
Large Family Day Care Home at 7029 Tory
Court in a R-l (Single-Family Residential)
Zoning District. This approval shall
generally confonn to the project plans and
statements stamped approved, consisting of
a Written Statement, Site Plan and Floor
Plan (received by the Planning Department
on November 02, 2004).
2. The maximum number of children present PL Ongoing Standard
at the daycare facility at anyone time shall
not exceed 14.
3. The large family Daycare Home shall PL Ongoing Standard
operate Monday through Friday between
the hours of7:00 a.m. and 5:30 p.m., and
shall be closed on weekends.
4. Children sounds shall be controlled so as PL Ongoing Standard
2
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART.
not to create a nuisance to the adjoining
residential neighborhood. No outside
activities may take place before 9:00 a.m.
and after 5:00 p.m.
5. The operator of the Center shall require that PL Ongoing Standard
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 Prior to Standard
operator shall submit a copy of the establishment of
approved State Department of Social this use
Services License Pennit for the operation of
a Large Familv 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
ooerate for a continuous one-year oeriod.
10. The garage at the subject site shall be kept PL Ongoing Standard
free and clear for parking 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 PL Ongoing Standard
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 PL Ongoing Standard
pennitted.
13. No future modifications to the residence or PL Ongoing Standard
exterior portion of the residence shall be
made without prior review by the Planning
Department, and must comply with all
applicable zoning, building code and
engineering regulations including issuance
of building pennits.
14. At any time during the effectiveness of this PL Ongoing Standard
approval, the approval shall be revocable
for cause in accordance with Section
3
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCYI REQUIRED
DEPART.
8.96.020.1 of the Dublin Zoning Ordinance.
Any violation of the tenns or conditions of
this pennit shall be subject to citation.
FIRE CONDITIONS
15. The day care may have up to 14 persons as F Ongoing Standard
defined by the licensing agency.
16. Residential smoke detectors shall be F Ongoing Standard
required in all areas used by the daycare.
17. That day care activity shall be limited to the
tìrst floor of the home. At no time shall day
care business activity be conducted on the
second floor of the home.
18. Provide a 2Al OBC fire extinguisher in the F Ongoing Standard
daycare area.
19. 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.
20. 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.
The exits must continue all the way to
public way, so if a gate is in the exit path, it
must be openable from the inside without
special knowledge or effort.
21. An address shall be provided on the house F Ongoing Standard
that is clearly visible from the street.
22. That the existing outdoor spa shall be
secured with a cover at all times during day
care business hours.
23. An on site inspection is required prior to F Ongoing Standard
Fire Department approval (after submission
of an 850 form).
POLICE CONDITIONS
24. The Applicant must be licensed and comply PO Ongoing Standard
with all State of California Community Care
Licensing (CCL) requirements.
4
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
25. The Applicant must apply for a City of PO Ongoing Standard
Dublin Business License. A copy of the
approved State of California community
Care license must be submitted. All
employees, both paid and volunteer, shall
complete a Mandated Reporter class and
orovide verification of such.
26. Police Services will periodically make PO Ongoing Standard
unannounced inspections of the facility and
may require verification of fingerprint
clearance for staff members as reported back
on the State of California CCL "Personnel
Report" .
BUILDING CONDITIONS
27. That a landing shall be provided at each B Prior to the
sliding door at the rear of the home. The establishment of
maximum step down for each landing shall this use
not exceed eight (8) inches.
28. To apply for building pennits, B Ongoing Standard
ApplicantlDeve10per shall submit eight (8)
sets of construction plans to the Building
Division for plan check. Each set of plans
shall have attached an annotated copy of
these Conditions of Approval. The notations
shall clearly indicate how all Conditions of
Approval will or have been complied with.
Construction plans will not be accepted
without the annotated resolutions attached to
each set of plans. ApplicantlDeveloper will
be responsible for obtaining the approvals of
all participation non-City agencies prior to
the issuance of building pennits. (Issuance
of Building Penn its )
29. Construction plans shall be fully B Ongoing Standard
dimensioned (including building
elevations) accurately drawn (depicting all
existing and proposed conditions on site),
and prepared and signed by a California
licensed Architect or Engineer. All
structural calculations shall be prepared and
signed by a California licensed Architect or
Engineer. The site plan, landscape plan and
details shall be consistent with each other.
(Prìor to issuance of building pennits)
30. All project construction shall confonn to all B Ongoing Standard
building codes and ordinances in effect at
the time of building pennit. (Through
Completion)
PASSED, APPROVED AND ADOPTED this 11th day of January, 2005.
5
A YES:
NOES:
ABSENT:
ATTEST:
Planning Manager
G:\PA#\2004\04·058 Stanley Day Care\PC Reso.doc
Planning Commission Vice Chairperson
6
Dublin City Council Members,
November 1, 2004
Thank you for the opportunity to present my application for a Large Family Day Care
Home. We have lived in Dublin for thirty-two years and I have had a Licensed Day Care
home since 1975. After my children got to be of school age, I decided to go back to
school and get my degree. I stopped my Family Day Care and went to work as a pre-
school teacher for Small World Pre-School located at Valley Christian Center for the next
ten years. Six years ago when my grand-children were born I re-established a licensed
day care home.
It is my desire to establish a Large Family Day Care Home with two employees, myself
and my daughter-in-law Carolina. I have an AA degree in Early Childhood Education,
and I am continuing my education through U. C. Davis for academic credit.
My daughter-in-law, Carolina, has a Bachelor of Science Degree in Elementary
Education and is currently working at Kids Country in San Ramon. Our hours of
operation will be seven a.m. to five thirty p.m. Monday thru Friday.
I continuously get phone calls two to three times a week for infant care. (Children under
two) I did some research and was told to contact Shawna at Child Care Links. Her job is
to do research in the Tri-Valley area and find out where the needs are. She told me that
there aren't enough infant care centers or homes. The East Dublin area especially could
use such a facility. Actually the next need was for children not yet potty trained. (Most
pre-schools you need to be potty trained.) I also work closely with Child Care Links and
accept low-income children.
I offer a structured Day Care Program. Currently I use "The comprehensive Infant
Curriculum" by Gryphon House Book Inc. for infant to eighteen months, and "The
Active Learning Series" from the Addison Wesley Publishing Company. This is a
complete interaction curriculum focusing on developing the five senses. For ages two and
one-half to five, I use the "Mother Goose Time" curriculum. This covers physical, social,
emotional, and cognitive skills. I feel children need to play (for playing is learning) but
they also like structure so they know what to expect each day and look forward to all the
different times of the day. I also teach each child as an individual and do my best to
discover their own personal weaknesses and strengths so we can (in a fun way) improve
on their weaknesses and reinforce their strengths.
By expanding to a large Day Care Home I can concentrate on infants, and Carolina will
teach the older children. I also have six grandchildren. Usually I only take two infants so
I can have a total of eight children. I generally have a total of six children, leaving space
for my out of town grandchildren to visit on holidays and during the summer. However I
had so many phone calls that I took one more infant which limits me to a total of six
children. Unfo.rtunately, this means I cannot have my grandchildren except weekends.
With a Large Day Care Home I intend to keep two openings at all times for my
grandchildren to visit. Therefore, I intend to have four infants and six to eight toddlers.
I have designed our backyard such that the younger children are separated fÌ"om the older
children. This way the younger children do not get hurt rrom tire swings or by trying to
RECEIVED
NOV 0 2 2004
DUBLIN PLANNING P' tÞ- ;')L! ·1) C::C2,
. T U I -' '---I L-/
ATTACHMENT 2.
climb the climbing wall or fort. They go outside rrom ten to eleven thirty a.m. if they
want to and again rrom three thirty to five p.m. depending on the weather.
This should not adversely affect the neighborhood peace as I intend to have four infants
that will stay inside and six to eight toddlers (probably six) that only go outside twice a
day and I have regular hours when most people are at work. I currently have six children
with three being infants.
I have a large loading zone in rront of my house. I am the first house next to the corner so
parents can pull in and leave. The children arrive at different times so most of my parents
at this time pull into the driveway. The cars don't even need to pull all the way into the
court. Most parents in the court are working during the day so there has not been a traffic
problem.
It is my desire to work with both the City of Dublin and my neighbors to attempt to
resolve any concerns that may be raised.
Thank you again for your consideration in this matter.
~C!9
Lendel Stanley
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