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Home My WebLink AboutPC Reso05-01 Kids Learnng Day Care CUP RESOLUTION NO. 05 - 01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR PA 04-058 KIDS LEARNING HOME DAY CARE CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DA YCARE 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 ofthe 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 day care use. E. The subject site is physically suitable for the type, density and intensity ofthe 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 (3) 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. PL.ANNINGCONDITfONS <,.wuu inu··· 1. This Conditional Use Pennit approval for PA 04-058 PL Ongoing Standard 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 at the PL Ongoing Standard daycare facility at anyone time shall not exceed 14. 3. The large family Daycare Home shall operate PL Ongoing Standard 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 not to create PL Ongoing Standard 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 children PL Ongoing Standard remain either inside the Center or in the backyard for pickup by their parent or guardian. 6. Prior to the establishment of this use, the operator PL Prior to Standard shall submit a copy of the approved State Department estab lishment of Social Services License Pennit for the operation of of this use a Large Family Daycare Home. 2 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. 7. On a continuous basis, the Applicant shall provide the PL Ongoing Standard City of Dublin Planning Department with a current Daycare operating license issued by the State of California Department of Social Services. 8. This use shall comply with all applicable Planning, PL Ongoing Standard Building, Alameda County Fire Department, Police Department, Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. 9. This approval shall be null and void in the event the PL Ongoing Standard approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 10. The garage at the subject site shall be kept free and PL Ongoing Standard 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. II. The Applicant shall be responsible for cleanup and PL Ongoing Standard 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 exterior PL Ongoing Standard 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 approval, PL Ongoing Standard the approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the tenns or conditions of this pennit shall be subject to citation. 1IIIHuI ··IU¡I>F UiF iF>iF:FF ~1'1·::·:~F:··iii·IF. iI::VV >i .1»>.:<':.I/:. ii ii 15. The day care may have up to 14 children as defined F Ongoing Standard by the licensing agency. 16. Residential smoke detectors shall be required in all F Ongoing Standard areas used by the daycare. 17. That day care activity shall be limited to the first floor of the home. At no time shall day care business activity be conducted on the second floor of the home. 18. Provide a 2A 1 OBC fire extinguisher in the daycare F Ongoing Standard area. 3 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 19. Provide a manual pull station in an approved location F Ongoing Standard tied to a fire alann signal that is 15 decibels above ambient noise levels. 20. Exit doors must be openable from the inside without F Ongoing Standard 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. 2I. An address shall be provided on the house that is F Ongoing Standard 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 Fire F Ongoing Standard Department approval (after submission of an 850 fonn). The Applicant must be licensed and comply with all Ongoing Standard State of California Community Care Licensing (CCL) re uirements. 25. The Applicant must apply for a City of Dublin PO Ongoing Standard Business License. A copy of the approved State of California community Care license must be submitted. All employees, both paid and volunteer, shall complet a Mandated Reporter class and provide verification of such. 26. Police Services will periodically make unannounced PO Ongoing Standard inspections of the facility and may require verification of fingerprint clearance for staff members as reported back on the State of California CCL "Personnel Re ort", That a landing shall be provided at each sliding door at Prior to the the rear of the home. The maximum step down for estab lishment each landing shall not exceed eight (8) inches. of this use 28. To apply for building pennits, Applicant/Developer B Ongoing Standard 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. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance 0 building pennits. (Issuance of Building Pennits) 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 29. Construction plans shall be fully dimensioned B Ongoing Standard (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. (Prior to issuance of building pennits) 30. All project construction shall confonn to all building B Ongoing Standard codes and ordinances in effect at the time of building pennit. (Through Completion) PASSED, APPROVED AND ADOPTED this 11th day of January, 2005. AYES: Cm. Schaub, Biddle, Wehrenberg, and King NOES: ABSENT: ATTEST: Çd;anager /#I15utÛ1 V-- Planning Commission Vice Chairperson G:\PA#\2004\04-058 Stanley Day Care\PC Reso.doc 5