HomeMy WebLinkAboutItem 6.2 CreativePlayschl CUP (2)
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 5, 1998
SUBJECT:
EXHIBITS A TT ACHED:
RECOMMENDATION: 1.
~2.
3.
. ~ 4.
5.
FINANCIAL STATEMENT:
DESCRIPTIONIBACKGROUND:
PA95-017
PUBLIC HEARING P A 98-028, A Creative Playschool Modification to a
Conditional Use Permit (CUP) (Report Prepared By: Dennis Carrington,
Senior Planner/Zoning Administrator) ~
A
Resolution Approving Modification to CUP PA 97-044 A Creative
Playschool
Resolution Denying Modification to CUP P A 97-044 A Creative
Playschool
City Council staff report for P A 97-044 dated January 6, 1998
Minutes from City Council meeting of January 6, 1998
Resolution approving CUP 97-044 A Creative Playschool
Applicants' Written Statement
Letter to Mr. Robert Zupetz dated March 16, 1998
Noise Assessment Study dated February 18, 1998
B.
C.
D.
E.
F.
G.
H.
Open Public Hearing
Receive Staff Presentation and Public Testimony
Question staff and public
Close Public Hearing and Deliberate
Options tor action: a) Approve Modifications to CUP 97-044
by adopting Resolution (Exhibit A);
b) Deny Modifications to CUP 97-044 by
adopting Resolution (Exhibit B); or
c) Give Staff other direction.
No financial impact.
A Conditional Use Permit, P A 95-017, was first approved for A Creative Playschool on July 25, 1995.
The project location is 6837 Amador Valley Boulevard at the northwest comer of Amador Valley Boulevard
and Brighton Drive. That permit:
1. Required a maximum enrollment of 20.
2. Allowed no signs.
3. Required that children not play outside before 9:00 a.m..
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COPIES TO: A Creative Playschool
In House Distribution
ITEM NO.
6.2
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4.
Restricted the number of children that could be permitted in the year yard at anyone time to 10.
P A 96-026
On August 13, 1996, modifications to P A 95-017 were requested to:
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1. Increase the maximum enrollment at the Playschool from 20 to 30 children.
2. Permit the installation of two 1-1/2' X 2' identification signs on the house and a vehicle sign on a car to
be parked at the site.
3. Permit children to play in the rear yard after 8:00 A.M. rather than 9:00 A.M.
4. Increase the number of children permitted in the rear yard at one time from 10 to 30 children.
At the August 1996, public hearing, the City Council modified the Conditional Use Permit to allow
installation of two identification signs on the house and to allow a vehicle sign. The other requests were not
approved.
PA 97-044
On March 23,1998, modifications to PA 97-044 were requested to:
1. Increase the maximum enrollment at the Playschool from 20 to 30 children.
2. Permit children to play in the rear yard after 8:00 A.M. rather than 9:00 A.M.
3. Increase the number of children permitted in the rear yard at one time from 10 to 30 children.
At the January 6, 1998, public hearing, the City Council modified the Conditional Use Permit to allow.
an increase in the maximum enrollment to 30 children and an increase of up to 15 children permitted in the rear
yard at one time if the Applicant submitted a noise study to staff demonstrating that an additional five children
in the back yard do not create a significant increase in noise levels. A copy of the City Council staff report,
minutes of the meeting, and Resolution of Approval are attached (Exhibits C, D and E).
The applicant submitted a Noise Assessment Study of the A Creative Playschool Playground Activity
(Exhibit H) prepared on February 18, 1998. That study determined that noise generated by over 30 children in
the playground would be within the limits of City standards. Staffevaluated the Noise Assessment Study and
on March 16, 1998, determined that an additional 5 children (beyond the 10 already permitted) in the back yard
would not create a significant increase in noise levels, and therefore that a maximum of 15 children may be in
the back yard of the A Creative Playschool at anyone time (see letter to Mr. Robert Zupetz dated March 16,
1998, Exhibit G).
ANALYSIS:
Environmental Analysis:
The Negative Declaration was approved by the City Council on July 25, 1995. The Initial Study
evaluated the project based on the original application which was for 30 children and for an approval which
allowed no more than 10 children in the back yard at anyone time. That Initial Study determined that a
Negative Declaration of Environmental Impact could be issued if no more than 10 children were allowed in the.
back yard at anyone time. The noise impacts of any increase above the 10 children allowed in the back yard at
anyone time were therefore not addressed by the Negative Declaration. However, it is Staff's opinion, based on
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the Noise Assessment Study prepared by Edward L. Pack Associates Inc., on February 18, 1998, that the noise
generated by 30 children in the back yard of the facility would not have a significant environmental impact, and
"that the Negative Declaration prepared for the original project in 1995 is therefore valid for this project (P A 98-
"'028).
Modification Reauested:
1. Increase the number of children permitted in the rear yard at one time to 30 children.
As stated above, the Noise Assessment Study has determined that noise generated by over 30 children in
the playground would be within the limits of City standards. If the City Council wishes to adopt the proposed
modification based on that report, Condition 9 of the Resolution of Approval could be modified to read as
follows:
9. There shall be a maximum of 30 children at a time in the backyard ofthe Center. When children are in
the backyard they shall be supervised by a Center employee at all times.
Recommendation
Staff recommends that the City Council open the public hearing, deliberate, and either: (1) adopt a
Resolution Approving Modifications to CUP 97-044 (Exhibit A); or (2) adopt a Resolution denying
Modifications to CUP 97-044 (Exhibit B); or, give staff other directions.
'-:\P A98028/ccsr
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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MODIFYING P A 97-044 A CREATIVE PLAYSCHOOL DA YCARE CONDITIONAL USE
PERMIT AT 6837 AMADOR VALLEY BOULEVARD
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WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval ofPA 95-017 as subsequently modified by PA 97-044, A Creative
Playschool Conditional Use Permit, 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 it was found that it was consistent with the Negative
Declaration adopted by the City Council on July 25, 1995 and that no new information has been
discovered requiring additional environmental review; and ..
WHEREAS, the City Council held a public hearing on said application for modification on May
5, 1998; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
. WHEREAS, the Staff Report was submitted outlining all the pertinent facts; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
that:
A. The modification requested by the Applicant for the day care facility will assist in its
serving a public need by providing day care in a residential neighborhood, in a convenient
location.
B. The use continues to 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 contributed their fair share of traffic impact
fees.
.
C. The modifications of the Conditional Use Permit, under all circumstances and conditions
of this particular use, will not materially adversely affect the health or safety of persons residing
or working in the vicinity, or be materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all applicable regulations will be met.
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EXHIBIT: A
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D. The modification is consistent with the specific intent clauses or performance standards
established in the R-l Zoning District.
.
E. The approval of the modification of the Conditional Use Permit will be consistent with
the Single Family Residential designation of the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the
modifications to PA 97-044 A Creative Playschool Conditional Use Permit application by replacing the
Conditions of Approval of Resolution No. 5-98 with the following conditions of Approval.
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 subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. rPL.l Planning. rBl Building. (pOl Police. rpWl Public
Works rADMl Administration/City Attomev. rFINl Finance. rFl Dougherty Regional Fire Authority.
IDSRl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental
Health.
I. This Conditional Use Permit approval for PA 98-028 is to allow the operation of a daycare
facility at 6837 Amador Valley Boulevard in an R-l Single Family Residential Zoning District.
This approval shall generally conform to the plans stamped approved, labeled Exhibit A, .
consisting of "Alternative No.1 Site Plan" dated June 29, 1995, and a "Floor Plan" dated May
30,1995. [PL]
2. The maximum number of children present at the day care facility at anyone time shall not
exceed 30. [PL]
3. The day care shall operate Monday through Friday between the hours of 6:30 a.m. and 6:30 p.m.
and shall be closed on the weekends. The operator of the Center shall ensure that the arrival time
of children is prearranged and is on a staggered schedule.[pL]
4. 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.
5. Prior to receiving a business license, the applicant shall make all necessary improvements for an
"E" Occupancy in conformance with the Uniform Building Code.
6. Prior to receiving a business license, applicant shall:
a.
Provide a fire alarm system as per California Code of Regulations Section 3200 and
32004;
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b. Provide one 2Al OBC Fire Extinguisher;
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c. Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C.
7.
Children sounds shall be controlled so as not to create a nuisance to the adjoining residential
neighborhood. No outside activities may take place before 9:00 a.m. [PL, PO]
8. 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]
9. There shall be a maximum of 30 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. [PL]
10. 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]
11. 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. 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]
13.
lbis use shall comply with all applicable Planning, Building, Alameda County Fire Department,
Police Department, Dublin San Ramon Services District and State of California Department of
Social Services regulations and ordinances. [pL, B, F, PO, DSR]
14. lbis 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]
15. No further modifications to the site or exterior portion of the residence shall be done without
prior review and approval of the Planning Director and must comply with all applicable zoning,
building code and engineering regulations including issuance of building permits. [pL, B]
16. Signage shall be allowed on the site consistent with Exhibit G to the August 13, 1996, Staff
Report. Additionally, a vehicle sign shall be permitted consistent with 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]
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19. At any time during the effectiveness of this approval, the approval shall be revocable for cause in
accordance with Section 8.96.020.1 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.
21. The Day Care Director shall not allow Center staff or parents to park on Amador Valley
Boulevard.
PASSED, APPROVED AND ADOPTED this 5th day of May, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
.
City Clerk
G:\P A98.028\CCres]
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DENYING A MODIFICATION OF PA 97-044 A CREATIVE PLAYSCHOOL DAYCARE
CONDITIONAL USE PERMIT AT 6837 AMADOR VALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval ofPA 95-017 as subsequently modified by PA 97-044, A Creative
Playschool Conditional Use Permit, 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
WHEREAS, the Negative Declaration was approved by the City Council on July 25, 1995; and
WHEREAS, the Initial Study evaluated the project based on the original application which was
for 30 children and for an approval which allowed no more than 10 children in the back yard at anyone
time; and
.
WHEREAS, that Initial Study determined that a Negative Declaration of Environmental Impact
could be issued if no more than 10 children were allowed in the back yard at anyone time; and
WHEREAS, notwithstanding the Noise Assessment Study prepared by Edward L. Pack
Associates, Inc., on February 18, 1998, periodic disruptive noises from the facility do disturb neighbors;
and
WHEREAS, the noise impacts of any increase above the 10 children allowed in the back yard at
anyone time would therefore not be addressed by the Negative Declaration; and
WHEREAS, it is Staffs opinion, based on field observations, that an increase from 15 to 30
students allowed in the back yard at anyone time would generate a noise level that would have negative
impacts on neighboring properties; and
WHEREAS, the City Council held public hearing on said application for modification on May
5, 1998; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Staff Report was submitted outlining all the pertinent facts; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
. testimony herein above set forth and used their independent judgment to evaluate the project.
1
EXHIBIT B
6 v?f VI
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
that the modifications of the Conditional Use Permit, under all circumstances and conditions of this
particular use, may create a use incompatible with the adjacent residential uses by increasing the level of .
periodic or episodic noise in a residential area.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny the
modification to P A 97-044, A Creative Playschool Conditional Use Permit, and does hereby direct that
the conditions of approval of Resolution No. 5-98 shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED this 5th day of May, 1998.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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G:\P A98028\CCres2
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File # .
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AGENDA STATEMENT
CITY COUNCIL M~ETING~~TE>.,January.6, 1998
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The original staff report aD./ -soci~ted en~OnIDental doc~ent ad(-- 'sed a p~oject with 30 'children.
. therefore, should the City Council wish to" make thi~ ~haD.ge, :fu~'-project would be' covered under the existing
environmental doc.uInent aD.d .associated .traffic Srody.- ConcernS ha~~ been'raised by nearby residents at past,
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RESOLUTION NO.5 - 98
A RESOLFf' ON OF THE CITY COUNCIL
OF T i{E CITY OF DUBLIN
.
MODIFYING P A 96-026 A CREATIVE PLAYSCHOOL DA YCARE
CONDITIONAL USE PERMIT AT 6837 AMADOR VALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval ofPA 95-017 as subsequently modified by PA 96-026, A CreatIve
Playschool Conditional Use Permit, 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 it was found that it was consistent with the Negative
Declaration adopted by the City Council on July 25, 1995 and that no new information has been
discovered requiring additional environmental review; and
WHEREAS, the City Council held a public hearing on said application for modification on
January 6, 1998;
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted outlining all the pertinent facts; and
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WH EREAS, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
that:
A. The modifications requested by the Applicant for the day care facility will assist in its
serving a public need by providing day care in a residential neighborhood, in a convenient
location.
B. The use continues to 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 contributed their fair share of traffic impact
fees.
C. The modifications of the Conditional Use Permit, under all circumstances and conditions
of this particular use, will not materially adversely affect the health or safety of persons residing or
working in the vicinity, or be materially detrimental to the public welfare or injurious to property
or improvements in the neighborhood, as all applicable regulations will be met.
D. The modification is consistent with the specific intent clauses or performance standards
established in the R-1-B-E Zoning District,
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E. The approval of the modification of the Conditional Use Permit will be consistent with the
Single Family Residential designation of the Dublin General Plan.
BE IT FURTHER RESOLVED TIlA T THE Dublin City Council does hereby approve the
modifications to P A 96-026 A Creative Playschool Conditional Use Permit application by replacing the
Conditions of Approval of Resolution No. 104-96 with the following conditions of Approval.
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 subiect to Planning Department review and
approval. The following codes reoresent those departments/agencies responsible for monitoring
compliance of the conditions ofa~proval. rpL.l Planning. rBl Building. [POl Police. [PWl Public Works
rADMl Administration/Citv Attornev. rFIN} Finance. fFl Dougherty Regional Fire Authority. rDSRl
Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health.
1, TIns Conditional Use Permit approval for P A 97-044 is to allow the operation of a daycare facility
at 6837 Amador Valley Boulevard in an R-I-B-E Single Family Residential Combining District.
Tins approval shall generally conform to the plans stamped approved. labeled Exhibit A.
consisting of <<Alternative No.1 Site Plan" dated June 29, 1995, and a "Floor Plan" dated May
30, 1995, [PL]
L
The ma:.imul11nul1lber of children present at the day care facility at anyone time shall not exceed
30. LPL]
J, The day care shall operate Monday through Friday between the hours of6:30 a.m, and 6:30 p.m.
and shall be closed on the weekends. The operator of the Center shall ensure that the arrival time
of children is prearranged and is on a staggered schedule.[pL]
1\, 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 ofthe
driveway, and constJUction of an additional bathroom.
5. Prior to receiving a business license, the applicant shall make all necessary improvements for an
<<E" Occupancy in conformance with the Unifonn Building Code.
G, Prior to receiving a business Hcensf', applicant shall:
a. Provide a fire alarm system as per California Code of Regulations Section 3200 and
32004;
b, Provide one 2A10BC Fire Extinguisher;
c, Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C.
7,
Children sounds shall be controlled so as not to create a nuisance to the adjoining residential ...
neighborhood, No outside activities may take place before 9:00 a,m, [pL, PO]
2
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8.
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]
.
9. 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, If the Applicant
submits a noise study to staff demonstrating that an additional five children in the backyard do not
create a significant increase in noise levels, the Applicant may have a maximum of 15 children in
the backyard of the Center at anyone time.
10, Prior to the establishment oftIus use, the operator shall submit a copy of the State Department of
Social Services License Permit for the operation of a day care, [PL]
11. 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. 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 tc the Staff and children attending the facility. A certification of
the presentation of such a program ::hall be presented to the Planning Department on a yearly
basis. [pL, PO]
13.
This use shall comply with all applicable Planning, Building, Alameda County Fire Department, .
Police Department, Dublin San Ranton Services District and State of California Department of
Social Services regulations and ordinances. [pL, B, F, PO, DSR]
14. 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]
IS. No further modifications to the site or exterior portion of the residence shall be done without
prior review and approval of the Planning Director and must comply with all applicable zoning,
building code and engineering regulations including issuance of building permits. [pL, B]
16. Signage shall be allowed on the site consistent with Exhibit G to the August 13, 1996, Staff
Report, Additionally, a vehicle r:ign shall be permitted consistent with 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 effectiveues:; of this approval, the approval shall be revocable for cause in
accordance with Section 8.96,020.1 of the Dublin Zoning Ordinance. Any violation of the tenus .
or conditions of this permit shall be subject to citation. [PL]
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20.
Prior to issuance of building permits, Applicant shall voluntarily pay the traffic improvement
funds.
21.
The Day Care Director shall not allow Center staff or parents to park on Amador Valley
Boulevard.
l'?ASSED, APPROVED AND ADOPTED this 6th day of January, 1998.
AYES:
Councilmembers Barnes, Lockhart, and Mayor Houston
:NOES:
Council member Burton
ABSENT:
None
lh--J 1~L~
Mayor
ABSTAIN: Councilmember Howard
AITES~
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G:\PA97-044\CCresl
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The effective date of this reorganization is the dite on which- the Certificate of
Completion is issued by LAFCo and recorded with the County Recorder.
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:: Rob Yohai, 617 Kenwyn Road, Oakland representing the Applicant and all the
land owners, stated he was overjoyed to be standing here after almost 10 years.
He thanked everyone for their support, particularly this last year or two. He
thanked Staff, Tasha Huston and Eddie Peabody and hoped the Council would
support a yes vote.
Mayor Houston closed the public hearing.
On motion of Cm. Lockhart, seconded by em. Burton, and by unanimous vote, the
Council adopted
RESOLUTION NO.. 4 - 98
t
ORDERING TERRITORY DESIGNATED AS "PA 96-037 SCHAEFER RANCH
REORGANIZATION (A.NNEXATION/DETACHMENT)" ANNEXED TO
THE CITY OF DUBUN, TO ZONE 7 OF THE ALAMEDA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT, AND TO THE
DURUN SAN RA.MON SERVICES DISTRICT, AND DETACHED FROM .
THE HAYWARD AREA RECREATION AND PARK DISTRICT
..
PUBLIC HEARING - A CREATIVE PLAYSCHOOL
MODIFICATION TO CONDffiONAL USE PERMIT PA 97-044
- ?1
{ :..... p_ID.
6.2
(450-50)
Mayor Houston opened the public hearing.
Senior Planner Carrington presented the Staff Report and advised that this request
by A Creative Playschool is to increase the maximum enrollment at the playschool
from 20 to 30 children, to pernrit children to play in the rear yard after 8:00 a_m.
rather than 9:00 a.m., and to increase the number of children permitted in the
rear yard at one time from IOta 30 children.
.Mr. Carrington gave a brief history of this project.
em. Howard announced that she 'would abstain because her Granddaughter
attends this school. .
CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
January 6, 1998
. PAGE 5
EXHIBIT D
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Cm. Burton asked if there are litigations in prcx;ess at this time between the
neighbors and the applicant. '
Mr. Carrington stated staff understands that there is a lawsuit going on at the
present time. He stated he was hesitant to say more, not knowing the details.
Ms. Silver stated the City has not been provided with any information. Based on
heresay, there is a lawsuit. This is a civil suit. The issue of litigation is not
relevant to the City Council on the issue of a CUP.
Ralph Hughes, 7581 Brighton Drive, attorney for the applicants thanked
everyone for letting him come before the Council regarding this issue. He
represents Mr. and Mrs. Zupetz who own the property. He is also a resident of
Dublin. There are 3 issues before the City Council. One relates to the hours that
children can be outside. They may be able to offer some compromise so the noise
can be reduced to some el..-rent. His clients have suggested that 8:30 a.m. may be
workable. In addition, they would be willing to have a quiet time when there
will be no children whatsoever between 1 :00 p.IIL and 3:30 p.m. in the afternoon
in the back yard. Another issue is whether the total number be increased from
20 to 30. Having a day= in a residential area is desirable because people are
not willing to mke children to a comm=ial area. The results of the traffic study
in 1995 was no negative impacts to having 30 children in this dayc:are center.
There have been no more than 20 these past years and there have been no
accidents attributable to the center. There have been no complaints lodged about
the facility with any government agency. It is a well run operation. The ability to
allow some of the children outside and telling others they must stay inside, simply
dif...sn't work. Children don't understand this. The children are well organized,
well su!"'.xvised and the ratio of teacher to child is more than what is required by
the State of California: They are licensed by the State for 30 kids. There are
children all around this intersection and schools dose by. This is one of the mos!
major streets in town. There is a certain amount of noise at all times. Dublin is
very fortunate in that mos! other cities have their boundaries pretty well set.
Hundr".As if not thousands of homes will be built in the next few years. ManY of
the people who purchase these homes will have children. The General Plan does
not provide for day= The City and! Dr the State has no obligation. This is left
to private enterprise. It is cal1ed to be in a residential area. Dayc:are centers are a
fact of life as government is withdrawing more and more funding. The private
sector has to pick up this load. There are not a long line of !",--"ple coming in to
set up day= centers. There are only a handful of day= centers in this town.
It is in the b<>..sl interest of the City and its !",..op1e for this day= center to expand
as much as possible and feasible. If the ar"--"- is adversely affected at all, it may be
CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
January 6~ 1998
PAGE 6
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~ / only about 1.5~ feet: Over 25,000 peop~e liv.e in thi~ community. Virtually every
" person who IS ill this daycare center resldes ill Dublin. Undoubtedly, the new .
l. ".: people will also reside here. He requested the opportunity to rebut any comments
, t~ necessary.
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Cliff ]ue, 7147 Newcastle Lane, stated he has worked most of his life and paid his
dues and is noW retired. He would like to relax in his back yard, but he can't.
These kids don't laugh; they cry and they scream. 'I11is gets on your nerves. He
?', hoped the City Council would reject this request for 301lk:ids. Te~ in the yard is
L. fine, but not 30. 'This will open the flood gates. They should discipline the kids
~:: :' and teach them to take turns going out. It is unfair to the people who live in the
_. - neighborhood. Keep it small. I
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;.:. Debra Mervine, 6790 Amador Valley Boulevard stated she doesn't live directly
" next door but down the street 3 houses away. She is opposed because she has to
disclose this if she wants to sell her house. If she has to sell her house, she has to
say there is a childcare center and there are more than 3 kids. It is very noisy.
She would not knowingly buy a house where there are 30 kids. She is opposed.
Gregory Blake, 7192 Newcastle Lane state4.he wished to address the issue of
traffic. He leaves between 6:30 a.m. and 7:15 a.m. There is an adverse effect due
to the iraffic with high school students, parents dropping off kids to Frederiksen
or Wells. He counted 17 cars lined up the other... day. He is surprised there have
only b-=-...en 9 accidents., It is a very dangerous situition at this intersection. Prior
to their issuance we went through the whole process with the Planning
Commission. There was a lot of opposition and the Planning Commission voted it
down. They were only given 2 days notice that there would be another hearing
and they were disappointed at the Council's approval. He feels property values
will not go up and he is vehemently opposed. A lot of people in the community
are concerned about this. Other childcares maintain the level of 6 or 7 or under.
.
Don Krekorian, 6842 Brighton Drive thanked the City Council for the
opportunity to sr...ak. His attorney will also sp-""....aIc.. With regard to the
modiiication, he was present when the Planning Commission turned it down. He
was not present \vhen the City Council approved it. He was at the last meeting
when the Council modified it. A commercial business should not be located in a
residential area. This is used to generate profit and not used in the evenings or
weekends. The issue is money, money, money. The level of noise is astronomical.
He showed a video 'which was taken from his office wall to the south. He works
out of his house.
CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
January 6, 1998
PAGE 7
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Mayor Houston asked if the fence was conditioned originally.
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Mr. Krekorian stated the fence had to be 2 feet higher than what was originally
there. He commented the video did not sound like children laughing and playing.
He felt Dublin has home occupancy restrictions. currently they are allowed to
have 10 children outdoors and the noise is generated by all the children. He
contacted and asked. the City if he could go up on his roof to take pictures of how
many children are playing in the yard. One shows 19 children in the back yard.
They don't follow the guidelines they're supposed to be following- They should
not be rewarded. by being allowed more children. He requested. that the City
Council revoke this pennit and give the residents back their neighborhood. Some
neighbors work nights and try to sleep during the day. He asked if any of the
Councilmernbers have family members who are clients of the daycare. They
should decline in the vote. He asked if any had received contributions and if so
they should disqualify themselves from the vote.
Dan Rodrigues, 6851 lone Way stated this was established in an exclusively
residential area. Now it is operating on a CUP that allows 20 children. It was
granted based on information provided by the applicant. If the original
application were to have been requested for 30 it would never have b-...en granted.
It should be located neA1: to a commercial area, or business area or school. If they
feel they need the expansion in order to make a profit or even to break even then
it is their responsibility to find another solution. 'They should have considered
this in their original business plan. This would be to the detriment of the
neighborhood, just to let them make big money.
Angelina Fountain, 6980 Doreen Court stated she opposed this. She has waited
more than 20 minutes to make a turn at this location. Parents jaywalk children
across the street. Today she saW a large truck parked on Brighton, a Sears repair
truck and it was a very tight squeeze just to be able to turn. She feels threatened
by lawsuits and has made no complaints. A business should not be run in a
residential area such as this.
David McPherson stated he represents many of the neighbors in the litigation
referred to. The merits of the litigation are probably not directly relevant. On
behalf of the neighbors, the fact that the neighbors have initiated litigation is not
accurate. The Zupetz have filed a SLAPP suit (Strategic Lawsuits Against Public
participation). The merits will be decided in civil court. Tens of thousands of
dollar; are being spent by the neighbors to defend themselves. 'The purpose is to
quell their opposition. 'When members of this community write letters
complaining about noise they are sued for defamation, when they takes pictures,
CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
January 6, 1998
PAGE 8
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they are accused of being Pedophiles. The existence of a lawsuit is extremely real
to the neighbors who have spoken to the City Council and are now being sued.
The Council must ask who should bear the burden. A commercial enterprise
purchased the home knowing they did not have a pennit to operate. Should their
profit be burdened, or should the neighbors be burdened?
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.Alan Owens, 6802 Amador Valley Boulevard stated he was reminded of the
Randy Neu:rrum song, "It's Money That Matters" _ He saw a nice silver BMW
parked in the green zone recently and it made him think what right does the City
have subsidizing lifestyles at tl].e expense of his neighborhood. The conditions of
the existing use permit are not being enforced. His calls and letters are ignored,
so there is obviously some bias here on the part of the City. It's important to get
on the record. He referenced .Mayor Houston's campaign contributions. On page
19 of a campaign report, it shows that Janice Zupetz contributed $200 to the
Mayor's campaign~ He suggested Mayor Houston do the same as Cm. Howard
and not participate. The same should apply to em. Lockhart. The lawyer
representing the Zupetz is on the Planning Commission. Three Councilmembers
have monetary ties to the daycare center. He got into this on principle to begin
with_ The City's numlY'-...r one obligation is to protect property rights. They have
no obligation to provide daycare. Once you start down the litigation road, it is
very messy and he was very sorry to see it started. He referenced statistics v.Thich
clearly do not justify compromising any body's property rights for daycare. He
-wished this were a residential center where someone moved in and cared for 10
children- He requested that ~m. Lockhart and Mayor Houston and Cm. Howard
all abstain because of conflicts. -
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Ralph Hughes stated the videotape showed a child crying and stated the intent
was to-show this is what hap~ 40 hours per week. If this were the case, there
would be many complaints to the City as well as to the State. 'This center has been
in operation for about 700 days and.Mr. Krekorian has had the opportunity to
photograph and the only example he can give is the sound of a child crying.
Unfortunately, kids do cry. He travels this road at least twice a day and he agreed
there are times when you have to sit and wait. The noise and traffic on Amador
Valley Boulevard is enough to make you pull your hair out. This is not because of
the daycare center, though. Kids don't even start arriving until about 7:30 a_ID.
What was shown in the photograph was children who are supervised and in
groups and in a home setting. They came out of a home and go to a home during
their daycare hours. They are given an opportunity to spend hours away frOID
their parents in a home setting. We all want to see what is ~...st for the children.
Everything in our life, unfortunately at some time, comes dovro to profitability. If
it is a sin for the Zupeiz to make a profit by running a daycare center, they will
CITY COUNCIL MINUTES
VOLUME 17
REG U LAR MEETING
January 6,1998
PAGE 9
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probably admit they are sinners. The basic fact is what the neighbors want to
occur is to limit quality daycare. The State carne up with the number of 30
children after conducting an investigation of this facility. This is a very qualified
daycare center which is very much concerned about the welfare of the children.
Mayor Houston read a statement submitted by Leonard De Stefano, 6825 Amador
Valley Boulevard. PI work nights and sleep during the day. My house is direcf/y
across the street from (J4 crea.tive Playschool). I BD1 unable to sleep in my
bedroom because of the loud screaming and yelling coming from the children at
the playschooL>>
Ivuyor Houston closed the public hearing.
em. Burton asked about requiring an EIR for additional numbers.
::
Mr. Carrington stated it would be an analysis to look at the potential noise
impacts of such a facility.
em. Burton stated the previous application did not address this.
Mr. Carrington stated the initial approval was for 10 children outside and this
was in accordance with the written statement of the applicant.
Cm. Lockhart clarified that the number of 10 carne from the applicanfs
statement.
Ivtr. Carrington stated yes, this was done within the last few weeks.
Cm. Barnes stated with regard to traffic she goes through there 6 to 8 times a day .
and did not feel traffic is a problem as a result of the day=- She still thinks the
noise of the children is preferable. The need for daycare and the location must be
in residential areas. She stated she will fight for this to her dying day. It dcr--s not
necessarily mean you are sustaining the lifestyle of someone driving a certain type
of car. One of her respons:ibilities is to personal and property rights. This yard is
about the same size as hers and she feels 10 is adequate. Regarding the switch
from 9:00 a.m. to 8:00 a.m., she felt 9:00 !Lm. is adequate. She commented she
could see allowing for 30 children, but no more than lOin ibe yard and the
hours should stay the-same.
Cm. LocKhart advised that she does have a Grandson who attends there. He does
not live with her. His parents looked and selected this location and pay for him to
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CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
January 6, 1998
PAGE 10
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go there, not her. She checked with the City Attorney with regard to a conflict
and she has not received any funds and she did not feel she should shirk her
duties to the rest of the community simply because her daughter selected. this
facility. This has provided her an opportunity to go inside this daycare center on
occasion and she does not understand why there is such a big gap between what
people say goes on there. She is concerned about the concept that 'I have my
house and have a right to the airspace that goes with it'. She had a neighbor
move in: recently with a yapping dog. This annoys her but she does not intend to
sue them. There are high school games right down the street and bands playing
and other noises that go on around there. She feels strongly also that daycare in
our community is a serious and important issue. '
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Cm. Burton felt there is no question that childcare is very important and he has
tried to help the Arroyo Vista project get into childcare so people can go to work.
He wanted to take this from the standpoint of what was agreed to and what was
expected of them and what are the results. There was a hearing and the
conditional use which was approved should be adhered to. They should show
they have obeyed the conditions., He considered the idea that they are not
complying. He understands the noise will go over aID foot fence and go out into
the neighborhood. They have approval for 20 and already we are in trouble. If
we go to 30, we will get into more trouble. He would like to see the neighbors .
accept the fact that they will have a daycare center in their neighborhood. We
should leave it as it is and everybody should get together and try to work it out.
There is a conditional use on the property.
Mayor Houston responded to the comment regarding supporting the lifestyle of
p"".,ople using the facility. We are working with our fellow Dublin residents.
There is a need for this type of service in the community. TIlls was not a very
compelling argument. Regarding the comment of supporting Mayor Houston in
his candidacy, the record 'will show he supported this before, during and after,
the election. The animosity among the parties is unhealthy and people have to get
over this. They need to start working together. Anytime you start getting
attorneys involved, you are way off base. It is unhealthy for the neighborhood
and unhealthy for the City of Dublin. There has to be a way to work together and
not get so polarized in a bizarre way. He wanted to support the number of 30
and would like to see 15 allowed outside at one time. This would be a I""~onable
step. He agro..M with keeping the hours.
em. Lockhart commented with regard to another facility about 2 blocks away,
also on Amador Valley Boulevard. It backs up to Dover Court. She went down
and took a look at this situation. There are no complaints. They are licensed for
.
CITY COUNCIL MINUTES
VOLUME 17
REG U LAR MEETING
January 6r 1998
PAGE11
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20 and all can be in the bac1:yard at the same time. This shows that neighbOr-
hood daycare centers can work. This is a compelling comment on one
neighborhood versus another. It can happen if people ,",ill let it. She would like
to see the children allowed out in the summer or when the weather is nice at
8:30 a_m. If the State says the place is qualified for 30 children, the City should
agree.
Cm'. Burton felt it will be very difficult to satisfy everybody. A conditional use
was granted and it has not proven to be without problems. We should leave it as
is until there are satisfactory conclusions to the problems. We are not trying to
remove childcare, but just hold it as it is.
:
em. Barnes commented 34 years ago she moved to Dublin and her house burned
down. The neighbors invited them to stay the night and helped them. She asked
the people to start acting like neighbors. Let's start living some of the Dublin
Pride, City Proud attitudes.
Cm. Barnes made a motion, which was seconded by Crn. Lockhart to let them
increase to 30 children, keep the 9:00 a_m. time for outside play and allow 15
kids outdoors at a time.
Ms. Silver requested a break to allow Staff to modify the resolution.
At 8:47 p_ID. Mayor Houston called for a 5 minute break. At 9:07 p.m. the
meeting reconvened with all Councilmembers present.
Ms. Silver read the suggested wording for the Resolution. She stated it was her
understanding that the motion was to adopt Exhibit A of the Staff Report.
Paragraph 2 allows a maximum of 30 children. Paragraph 7 of the Conditions of
Approval indicates no outside activities may take place before 8:00 a.m.. This
would be changed to 9:00 a.m. Paragraph 9 says a 111HXimum of 30 children at a
time would be allowed in the backyard. The motion was to change this to no
more than 15. Ms. Silver suggested that Paragraph 9 be changed to state there
shall be a 111HXimum of 10 children in the backyard and add "if the applicant
submits a noise study to Staff that is satisfactory, the applicant may have 15
children in the back at anyone time." If the Council adopts the Resolution, the
center would be able to have no more than lOin the bac1.'Yard until they submit a
noise study to Staff, and if Staff finds it acceptable, they could then have 15. This
would r=~uire no further action on the part of the Council.
em. Burton asked if an EIR would be required..
CITY COUNCIL MINUTES
VOLUME 17
REG U LAR MEETING
January 6, 1998
PAGE 12
7~ ~ 1;/
Ms. Silver responded it is ultimately up to the Ci"ty Council as to what level of .
environmental studies are required. This amendment would be within the
confines of the negative declaration when the CUP first carne before the Council.
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Cm. Barnes agreed to amend her motion, and Cm. Lockhart amended her second,
to incorporate this change.
On motion of em. Barnes, seconded by Cm. Lockhart, and by majority vote, the
Council, with the amendments discussed, adopted
RESOLUTION NO.. 5 .. 98
MODIA'ING A CREATIVE PLAYSCHOOL DAYCARE
CONDITIONAL USE PERMIT (PA 96..026)
AT 6837 AMADOR VALLEY BOULEVARD
Cm. Burton voted in opposition to the motion and Cm. Howard abstained..
Additional 'written statements were provided to the City Clerk for inclusion in the
ro...cord. '
january ~ 1998 To: The Dublin City Council Dear City Council Memlr...rs7
We have asked our friend & neighbor to bring this letter to your attention
on our beh~ as we cannot a.ttend tonights city council meetin& but would like
our opinion considered on the issue of the eJ..p:a.nsion of A Creative Playschool
We believe it is not in the best interest of our neighborhood to have a
facility of this size among us. We have lived in Dublin for] 5 + years and feel
that this is a close lazit community. It goes against the grain to have a
fadEly/business of this size in a family oriented neighborhood A house of this
size could never house a family with so many children and a business of this size
belongs in a business park, not a residental {sic} community: Let us keep our
neighborhood just thB:~ families and neighbors. Thank you for your attention.
SincerelY7 Beverly Wright Richard & Carole Patrick Newcastle Residents"
aro: Dahlin City Council Jan. ~ 1997 {sic} From: David and Glenda .Mil81n
6855 Brighton Drive Dublin7 CA Subject: Opposition to .D..p:ansion of
enrollment at A Creative Playschool
A Creative Playschool is a business in a residential home. VWth enrollment
of 20 it already generates considerable noise7 and some eJ...7:ra traffic in the
neighborhood. We do not understand why this business should be allowed to
eJ...pand and cause additional problems for our area...
CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING,
January 6, 1998
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We oppo.k. the e.J..pansion of enrollment
Signed by David MI1am Glenda Milam'"
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:i:~~ERlSUITES HOTEL SITE DEVELOPMENT REVIEW
PA---97-042 (A PART OF HACIENDA CROSSINGS)
~
9:12 P.~7.1 (410-30)
Community evelopment Director Peabody advised that on December 16, 1997,
, the City Co,!!-T}-c ~pproved an application ~m the AmeriSui)~ Hote~, with an
',- . added condinon th~ end elevanons be reVISed. The 128 ~ hotel IS to be
located on ~e s.outh~. corner of ~blin Boulev~ ~d )iacienda Drive, in .the
53 acre HaCIenda CroSSIngs shoppmg center. Condino.rl #19 was added whIch
required revisions to the ~ ~~vafions, with said ~ons to be approved by the
City Council prior to issuan..,< a building perrniY.. .
The Council reviewed the revisions. /
em. Burton asked about lighting i~
Dave Babcock with SPGA stated t ey heard,comments loud and clear at the last
meeting and they went throug e conce~d comments they had discussed
early on. They felt .Mr. Peab y did a very g~b in describing the changes
that were implemented. ey got a much better site elevation out of this process
and a more stronger vis1l1il element. Subtly the corrlwsition of the elements are
much stronger. They ve a 360 degree architecture.'\They will have uplighting
as part of the co ttion document package. It will be'\.muminated at night and
will stand out. Th final colors with a green roof will be P'art of the project.
Mayor Housto felt this was outstanding and just what he w~king for. They
didagoodjo.. . \
Cm. Burtffi1 congratulated them for acting so quickly and allowing tHe City
Counr be participants. \
On motion of Cm. Bames, seconded by Cm. Lockhart, and by unanimous ::\te, the
. eo/nci! approved the revised side elevations as presented for the AmeriSuites
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CITY COUNCIL MINUTES
VOLUME 17
REG U LAR MEETING
January 6, 1998
PAGE 14
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RESOLUTION NO.5 - 98
P f/ ~ f/j/
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
.
MODIFYING PA 96-026 A CREATIVE PLAYSCHOOL DAYCARE
CONDmONAL USE PERMIT AT 6837 AMADOR VAlLEY BOULEVARD
'WHEREA.S, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval ofP A 95-017 as subsequently modified by P A 96-026, A Creative
Playschool Conditional Use Permit, located at 6837 Amador Valley Boulevard; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
Califo~a Environmental Quality Act (CEQA) and it was found that it was consistent with the Negative
DeclaratIon adopted by the City Council on July 25, 1995 and that no new information has been
discovered requiring additional environmental review; and .
WHEREAS, the City Council held a public hearing on said application for modification on
January 6, 1998;
"WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
'WHERR..t\..S, the Staff Report was submitted outlining all the pertinent facts; and
.
"'BERE..t\.5, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used their independent judgment to evaluate the project,
NOW't THEREFORE, :BE IT RESOLVED THAT THE Dublin City CoUncil does hereby find
that:
_~ The modiiications requested by the Applicant for the day care facility will assist in its
serving a public need by providing day care in a residential neighborhood, in a convenient
location.
B, The use continues to be properly related to other land uses and transportation and service
facilities in the vicinity, as the Center will maintain the residential character of the residence, A
Creative Playschool is located on a corner lot and has convenient parking, A traffic study was
performed for the project and the applicants have contributed their fair share of traffic impact
fees.
C. The modifications of the Conditional Use Permit, under all circumstances and conditions
oftbis pfu-ricu1ar use, will not materially adversely affect the health or safety of persons residing or
working in the vicinity, or be materially detrimental to the public welfare or injurious to property
or improvements in the neighborhood, as all applicable regulations will be met. .
D. Tne modification is consistent with the specific intent c1auses or performance standards
established in the R-I-B-E Zoning Disrrict,
1
EXHIBIT E
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E. The approval of the modification of the Conditional Use Permit will be consistent with the
Single Family Residential designation of the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the
modifications to P A 96-026 A Creative Playschool Conditional Use permit application by replacing the
Conditions of Approval of Resolution No. 104-96 with tbe following conditions of Approval.
CONDmONS OF APPROVAL:
1_ This Conditional Use Permit approval for P A 97-044 is to allow the openition of a dayca:re :fu.cility
at 6837 Amador Valley Boulevard in an R-I-B-E Single Family Residential Combining District.
This approval shall generally conform to the plans stamped approved, labeled Exln1>it ^
consisting of".Alternarive No. 1 Site Plann dated June 29" 1995" and a "Floor Plan"" dated May
30" 1995. IPL]
2.
The maximum number of children present at the day care facility at anyone time shall not exceed
30, [PL]
3. The day care shall operate Monday through Friday between the hours of 6:30 a.m and 6:30 p.m.
and shall be closed on the weekends. The operator of the Center shall ensure that the arrival rime
of children is prearranged and is on a staggered schedule.[pL]
4_ 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, ex"tension of the
driveway" and construction of an additional bathroom.
5_ Prior to receiving a business license, the applicant shall make all necessary improvements for an
<IE" Occupancy in conformance with tbe Uniform Building Code,
6, Prior to rec.....;vmg a business license, applicant shall:
a. Provide a fire alarm system as per California Code of Regulations Section 3200 and
32004;
b. Provide one 2AI0BC Fire EJ..-ringuisher;
c.
Provide smoke detectors in all bedrooms and hallways per the 1991 DB.C.
7 _ Children sounds shall be controlled so as not to create a nuiSance to the adjoining residential
neigbborhooci No outside activities may take place before 9:00 a..m. [pL, PO]
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The operator of the Center sball require that children remain either inside the Center or in the
backyard for picl'Up by their parent or guardian. (pL, PO] .
9_ There shall be a maximum ofl0 children at a time in the back.-yard of the Center. 'When children
are in the backyard they shall be supervised by a Center employee at all times. If the Applicant
submits a noise study to staff demonstrating that an additional :five children in the back.-yard do not
create a significant increase in noise ]evels~ the Applicant may have a maximum of 15 children in
the backyard of the Center at anyone time.
8.
Prior to the establishment of this use, the operator shall submit a copy of the State Department of
Social Services License permit for the operation of a day care. (PL]
On a continuous basis~ the Applicant shall provide the City of Dublin Planning Department with a
current day care operating license issued by the State of California Department of Social Services.
The day care director shall, at the minimum of a once-a-year basis~ make arrangements to bave 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 sh~ comply with all applicable Planning, Building, Alameda County Fire Department, .
Police Department, Dublin San Rmnon 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:firrtber modifications to the site or ex"terior 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 ofbuilding permits. [pL, B]
Signage shall be allowed on the site consistent with Exhibit Gto the August 13, 1996, Staff
Report. Additionally, a vehicle sign shall be permitted consistent with the City's Sign Ordinance,
[PL]
The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a clean and litter free site. [PL]
Two parking spaces in the existing ga.-age and two parking spaces in the driveway shall be
reserved for employee parking. [PL]
_.\1 anytime during the effectiveness of this approval, the approval shall be revocable for cause in.
accordance with Section 8.96,020.1 of the Dublin Zoning Ordinance. Any violation of the terms
Of conditions of this permit shall be subject to citation... [PL]
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20, Prior to issuance of building permits, Applicant shall voluntarily pay the traffic improvement
funds,
21. The Day Care Director shall not allow Center staff or parents to park on Amador Valley
Boulevard.
PASSED, APPROVED AND ADOPTED this 6th day of January, 1998.
AYES:
Coun.ci/.members Barnes, Lockhart., and Mayor Houston
NOES: Councilmember Burton
ABSENT: None
ABSTAIN: Councilmember Howard
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ATIES~c*
. Clerk'
G:U'A97-044\CCn:'S1
K:1 /1-6-98iresoplay.doc
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The following is an amendment to the Conditional Use Permit P A 95-017, which we feel
is reasonable and in the best interest of children in our endeavor to serve the growing
number of families in Dublin.
.
9. We are requesting that 30 children be allowed in the back yard at one time. The
sound study we had performed for the City ofDuhlin by far exceeded 30 children
by five times. We also find it a hardship in nice weather not to allow all the
children to be outside during certain times of the day. Many children who live in
condominiwns and apartments do not have the opportunity to play outdoors during
the day. It is very difficult to explain to a young child that he or she has to wait
their turn especially now that the weather is getting warm. With all the rainfall
this year we were rarely outdoors at all !
We sincerely hope the City Council will make the right decision in our favor. We serve
many families of Dublin. and feel our Playschool has made a positive contribution to the
City of Dublin and will continue to make every effort possible to make available quality
care and learning experiences to the children of Dublin tID..l'ayers,
Thank you for your attention to this request.
.
Janet A Zupetz and Dawn R Bowen
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EXHIBIT f
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CITY OF DUBLL~
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20, Box 2340. Dublin, Caliiornia 94558 ·
City Offices, 100 Civic Plaza, Dublin. California 94568
March 16, 1998
WIT. Robert Zupetz
A Creatjve Playschool
6837 Amador Valley Boulevard
Dublin, CA 94568
SUBJECT: Nmnber of children that may be in the bach.-yard of A Creative Playschool at anyone time,
Dear Mr, Zupetz:
On January 6, 1 998, the Dublin City Council adopted Resolution 5-98 which modified the
Conditional Use Permit for A Creative PlayschooL Specifically, Condition 9 of that resolution was
modified to state the following:
.
"9. There shall be a maximum of 1 0 children at a time in the bach.-yard of the Center. \Vhen
children are in the bach.)'ard they shall be supervised by a Center employee at all times. If
the Applicant submits a noise study to staff demonstrating that an additional five children
in the bach.-yard do not create a significant increase in noise levels, the Applicant may have
a maximmn of 15 chil dren in the bach.-yard of the Center at anyone time,"
A Noise Assessment Study of the A Creative Playschool playground activity was prepared by
Edward L. Pack Associates, Incorporated and submitted to City of Dublin staff for review, Staff has
determined, based on the report prepared by Edward L. Pack Associates, that that an additional five
children in the bach.-yard do not create a significant increase in noise levels, and therefore that a maximum
of 15 children may be in the bach.-yard of the A Creative Playschool at anyone time,
If you have any questions please contact me at 833-6610.
S~cerelY yours,
,l~ Ii (1~
Dennis H. Carnmrton. A1C~J -
Senior Planner/Zoning Administrator
Attachment: Noise Assessment Study
cc:
PA 97-044 File
City Councilmembers
Dr. Donald Krekorian
Mr. Leonard DeStefano
Mr. Floyd Chavez
Ms. Lois O'Reilly
Mr, and WITs. Kenneth and Beverlv Wri2:ht
Ms, Cindy Raymond ~-
Mr. and Mrs. Richard and Carole Patrick
...,7044!'XHIBIT G
.
Administration (510) 633-6550 . Crty Coun~il (510) 83:;'-6505 . i='inance (510) 833-6540 . Building Inspection (510) 833,6620
Code :::niorcement (510) 833-6520 . :::ngineering (510) 833-6630 . Parks & Community Services (510) 633-6645
:=conomic Development (510) 633-6650 - ?oliee (510) 633-6670 . Public Works (510) 833-6530
80mmunity Development (510) 833,5510 . fire Prevention Bureau (510) 833-6606
l
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:36 d Yf
EDWARD L.. PACKASSOCIATES~ INC..
13980 BLOSSDM HIll RDAD, SUm:: 100
LOS GATOS, CA !?5032
Acoustical Cor.suha17IS
, EL: A08-723-S9.
FAX: 408-723-80
f"
Febnw)T ] 8, 1998
Prqjec1 No, ,O-OJ J
Mr. Bob Zupe1z
A Creative Playschool
6837 Amador Valley Boulevard
Dublin, CA 94568
.5ubj ect:
Noise .Assessment Smdy of the A Cre.arive Playschool Playground Activity,
Aunador Valley Eoulevard, Dublin
Dear JVlT. Zupetz:
11ris repon presents the resuJts of a noise assessment study of playground activity at the
ACrearive Playschool along ~~adOT Valley BouJevard in Dublin.- Tne noise eJo...'PDsures .
presented .herein were evaJuated against the standards of the City of Dublin General Plan
Noise E]:men~ Ref, (a). The results of the analysis reveals that noise generated by over
30 children in the playground v,7j]] be v.':ithin the limits of me standards. Noise mitigarion
measures will not be required.
SecDOD 1 offnis report contains a summary of oUr :findings, Subsequent sections conIain
site and JlTQ.lect descriptions, analyses and evalua1ions. Attached bereto are Appendices
A., B and C. which include the list of references, descriptioDS oftbe applicable 5""...andards,
definitions of the emllnology, descriptions of me acoustical :instrumentaTIon used for the
field survey, andihe noiselDezsm-ement da!a and calculation tables,
.
EXHIBit H
W-=MEFR.: ACDUSTlCAL SDCE,Y Of AM~lCA
AUDIO =NGIt>,!=3'{ING sa:::ETY
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Summa" of Fin dings
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Tne noise .assessment results presented in the :findings were evaluated against the
City ofDnbJin Noise Element 'standards, wbicl:J. utilize 'the Community Noise EquivaJent
Level (Q\.1EL) 24-bom Doise descriptor~ mld sp~es -an ,o..1:eIior limit 60 dB CJ\1EL for
resi&=nrial Jand use impacted by noise sources ,sucb 2S pJayground activity,
".
Tne noise 'O..]Josures .sbown below represent me noise environments under
existiDg {J D chilaren playjng) conditions, but do not 3nclude other sources such as street
or pedestrian traf5 c_
_4.. E:ricinr- Noise E~o!;llres
.
.
Tne eXJ.5IIDg -nOIse o..."posure at :the most impacted residenTIal
property 1ine 10 tbe north,. common v.frth 6842 Brigbton Avenue
(Loc.a:tion 1), due to children playing is 53 dB Cl\.TEL. On the
neigbboIS side of tbe f=nce, the Tloise eA.'Posure is 49 dB CNEL.
Tnus, me noise eA'Posure is -witbin the limits of the Ci1y of Dublin
Noise El::rnent sttIDdards,
. The exisring noise e:>"']Josure at 1be most impa........-red residential
property line .acrOSS Brigbton Avenue, at 6825 _Lmlador Valley
:Bou1evard (Location 2), due to children playing, is 38 dB CNEL,
'and mc1udes tbe noise reduction "provided by the fence at tbe
playgrmmd.. Thus, the noise e^-1'Dsure is vvitbin the limits of tbe
Ciry ofDriDlln N015e El::rnent standards.
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Ambient noise 'C1..)Josures in a suburban area generally are in the
range of 45 to 55 dB CNEL. .tUtbo~ the ambient environment
was not measured for this study, 1-580 creates noticeable
background Dais; and :trnffic on Amador Vlilley Boulevard and
street and pedestrian traffic associated wifu the nearby schools add
,significantly to tbenoise environment
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Project-Generated Noise Ex,vosnres
. The noise o...)Josme at Loc.arion 1 with 15 children playing 'will be
53 dB CNEL on the playground .si~ oftbe fence and 49 dB CN"EL
on the Deigbbor"'s side of the fence_ Note that the di:fference
between J 0 childr::n playing and J 5 childr....n playing is
Jnsi~:;fjcant.
.
'. The noise e1..-pcsme at Location 1 with 30 children playing will be
56 dB CNEL on -the playground side of the fence Ed 52 dB Cl\.1EL
on the neighbor"'s side of the fence. Thus, the Doise exposures will
be vvithin the limits oime City ofDub1in Noise Element standards.
. "The noise e1..'}losure at Location 2 with 15 children playing will be
38 dB "eNE(., Ag~ note that the tiifference between 10 children
:playing and 15 children :playing is insignificant.
. Tne Doise e1..]lcsure at Location 2 -with 30 children playing ~ill be
41 dB CNFJ " Thus, !be noise eAlJC5lJ]'"e will be within the limits of
the CiTY ofDubiln Noise Element standards.
Je...s. snovm above, project-geneTa'ed noise eA]Josures at the adjacent residential
prop::-...Lles will be V\rithin the limits of the standards, V.ritiganon measures will not be
requU-ed..
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Site and Project Descriptions
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The A Creative PlaysChool is locared in the :rea:ryard of a single-familY structure at
6837 _.-.maiIor Valley Boulevard in Dublin- }':rese:Dt1y.:fue stoiIcDlS are :restricted to :fue
r-...ar of:fue house. Whieb Oacksto :fue side.of:fue BrightonAv= neighbor. The Amador
Valley Boulevard Jlci!!'hbor 15 =tOSS Brilihton Avenue to the east and views "!be
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pJaygro1IIld area iimn :fue side of:fue :house. Smro1IIlding uses = single-family
res1d.ential
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The primmY source of noise in me area is traffic .OD junador Valley Boulevard,
'with secondary Jnflu::nce from Brighton Avenue. Noise from pedestrian tra:ffic to and
from IDe Joca1 scbools adds "to the dayfuoe Doise enviromn~t but does Dot significantly
affe.cttbe CNEL-
T.ne project includes a permit to inc:r-..as: :fue number of clrildJ= at A Crealive
Plays:;bool from 10 to 30_
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Eri.cin~ Ambient Noi!"e Levels
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To detP.TTTl~ne tbe existing :noise environment at tbe site prpperl;Y ;lines, .continuous
recornings .of pla:ygroUIld sOUIld levels were made at.a location:near '1he Dortbwest comer
of me play area, approximate1y 30 ft from the center .of the play :area, where '1he
measmem~i:5 would he J:;ast affected by source5.not associated 'Mfu the playground..
The measurements were made ,on Feorumy 11., J998 for:appToJ5ma1e}ytwo homs - Fom
scenarios were :analyzed. The:first SCenm:lO W2S no driJl1ren;in tbe playgroUIld.. 'Scenario
2 was 10 clri.ldren playing. Scenario 3 -was 15 clilld:ren playmg :and Scenario 4 was 26
children playing. The noise levels were recorded and amU)'zed by a Lmson-Da,ljs ModeJ
700 hecision JntegrC1tin~ SOUIld LeveJ Meter- The meters yield" by 'direct r...adout, a
series of descriptors ,oftbe sound leveJs verSUS 1im~ wblcb mdude 1he l.:1, L](p Lso, and
L90> J..e..,. those levels that me exceeded 1 %, 10%, 50%, and 90% ,oftbe 1ime. The meters
.also yield the maximum and JJ1inimum Jevels, and the continuous equivalent-energy .
levels (Leq), whicb 1lTe used to calculate me CNEL,
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Tne Lcq"s.at Location 1 (pla]'groUIld propcr1y line, 30 it from the center of the
play area) nwged from 55.0 dBA -with no cbild:fen playing, to 68.0 dBA during Scenarios
2 and 3 (10 and 15 cbi1dren), to 72_0 dBA dming Scenario 4 (26 children).
v_ 'Prolect-Generatea NOI!"e Levels
Tne project-gen::ra1ed noise levels were detcrmined by measuring the acrivi'ry or
the playground unner the various scenarios, vihic.h occurred for 10 minutes each, Tne
L",' 5 during ibe recess r-:Dod ...-as measured to be -68 dBA for 10 and 15 c:hildr::n, and 72
dBA fOT 26 children at a Distance of30 it from the center orthe play m-ea..
_A...s we recess periods VIDJT In a~on., the l.::q -will ren:;.ain constant provi&::d that
1:11e level or play T~;:tiT!" cOTIstant, Tegarilless or the nuranon. As tile diff=rence between
26 cbildren p1a3>ing -and 30 cbi16r:::n playing is acoustically iosi~if:icant, the Leq mea..'mred
duiing Sc:::nario 4 (26 children) wzs used for the proposed 30 cb.ildren SCenaDO-
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v. E'V1I.lnation oftbe Noise E"'J)omre5
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To evaluate1:he JlI'Oject-gene:ra!ed noise exposures ~crainst iDe City of Dublin
standards, me rnEL' 5 wen: ca1euJated 115 11 il=-re1-zvcra"oe.of lhc: r.". v3lues for1he daily
'time perioCis.. The D~ber of.cbildren m the playgroUDO 111 mrr -one nme will vary over
tbe 'course :of the ,operational day from "9.:00 lUll.. 10 -i;:OO Jl..IIl.' Bomly Leq ~ s were
.caJcu1ated from the measurement .data 2110 :applied :to the .caJcu1a:tion .of!be .CNEL. The
project-gCD::r.Ded CNEL's were ca1c:n1ated .",;mg lhc: :famnilas"hown in_~ B. The
results ,ofibe ,calcu1a1ioDS me :Sbovm in 1he 'tables in .AJp:nffix ;C_
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~Trtb the 10 and 15 ,children sc::rucios, playgr01md .aciivifies me estimated to
gCD:::rD!e noise exposures of 50 dB .rnEL at lhc: norflrw-.st c:omerof me playground, 53
dB CJ\IEL & the lIlOst impacted norm prop::rtY line, 49 dB'CNEL ,on "the 'DeigbbOT' 5 side
of the fencea1-6842 ED ~nton Avenue" 2nd 3 8 dBCNEL .a11he residential prop::I1Y line at
6825 )mladOT Valley Boulevard. The noise .eJ...]>Osme5 1IDder these scenarios .are within
the limits oftbe Ci1;y of Dublin Noise Element standards.
~'rfu ibe proposed 30 cbill1.-::n sc::nari.o, playground :activiiies are esri.mated 10
gCD:::rD!e noise e>posures of 53 dB.CNE[. a1me norfuwest c:omer of me playground. 56
dB CNEL 'at the most impacted Dom pTop=rt.Y line, 52 dB ,CNEL on 1:be 'Deigbbor's side
of the fenc.e.at 6842 BrigbtonAvenue, and 41 dB CNEL a11:bexesidentia1 property line at
6825 .P..madOI Valley Boulevard. Tn::: noise eA]>osure under i:his scenario is within tbe
Jimits oiibe Ci1;Y of Dublin Noise Ele:ment standards,
_'=.5 shown by the above eva1UBiions" the noise eJ...'Posures g::nerated by existing and
propo....il playground activi:t;y "'" wifuiD me 1im1ts oHoe standards- MIDgabDD measures
will not be reqillred.
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;nus :re:port:presen1s the :resuI1s Df a noise:assessment stuily for the A Creative Playschool
.alcmg Amador Valley Boulevard.in Dublin. The -study findings 'and recommendatioDS for
present conditions ;are based .on :fieJd measureme:n1S and oIDer ,dam and are correct to the
best ~of our blow1edge. J<uture Doise -exposures were :calculated b~...d on information
providcil by -the project sporisor.. However;, sigDificmrt i!.-..,,;mons in:firtme playground
:acfr\'i1i~ .homs :of ,opcra1ioIl, 'site.fu:slgn, .noise :regoJarions ,or-ofue:r .cbanges beyond our
.contro1 :may JII:odnce long~e Doise:result; ,ffiffe:ren1 from ,our-esfrmates..
If you need .:my 3ddiiiomil infonnaiion .or :would like 1m e1abOraDon of tbis report, please
can me.
Sincerely,
EDW.A]ID L. :PACKASSOC., INC.p
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:President
JKP:j
Att~,:bmen!s: Appendices A... ~ and C
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APPENDIX A
Referenc=s:
(a) City ofDnblin-G-...nera1 Plan, Section 9_0, Environmental Resources Management
Section: Noise Elem.ent, september 14,1992
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.APPEJ\1J>!X B
NOISE 'STA..lW 4.RDS Al\"T}) TERMINOLOGY
1. Noise Standards
A. 'Citv ofDubliu Noise Element Standards
~&l ~ II
The .City of Dublin Noise Element contains a Land Use Compatibility for
Community Noise Environments 1able.. The table lists we following noise level limits for
resid....-ntia11and use:
60 dB CNEL as:
60-70 dB 'CNELzs:
70-75 dB CNEL as:
.over 75 dB c}"lEL as:
"No:r:ma1ly Acceptable fl
"Conditional Acceptable'
(noise insulation features required)
"'Norrm:illy Dnacceptilile"
"'Oearly Unacceptable'"
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A- Stati~caJ Noi~e LeVels
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Due to the flnctl'l'ltmr; cl1a..'"'aC1:er 'Df nrban torliic 'DDise, sta:6sfical prDcedures are,
needed 10 provide an .adequate .deScDp1iDD Df:the ,environment A seiies Df statistical
,descriptors :have been develDp::d ~cb. re;:n-...sent iDe llDise Jev.e1s -exceeded a given
perc::ntage Df the Jime. These .descriptDIS ,are .obta3ned by .direct n:ad.Dut Df tbe Sound
Level MeterS and Noise ~tma1yzers. SDIDe ,Df the stmistica1 leve1s used to describe
community .Doise aredeDned as fDTIOV,'S:
L]
A noise level exceeded for J % of the "time.
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A noise level. exceeded for 1 0% Dftbelime. considered to bean
".intrusive'" level
L
50
The :nDise level exceeded 50% Df the -rime representing an
'"'.average''' sound level
L90
Tne noise level exceeded 90 % of the "time. desi2DB1ed as a
<<background" noise level
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The continuous equivwent-energy level is that level of a steady-
state .Doise havmg the same .so1IDd energy 2S a given time-va.-ying
'Doise, The Leg repres:=n.ts the decibel level of the iime-aver-aged
.value of smmd energy or sound pressure squared.3Ild is used to
calculate the CNbL and CNEL
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:Commnnitv Noise Equjvalent TDel '(rNEL)
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T.ne ,CNEL is a me:a.sure -of the cumu1ative noise exposure over a 24 hour period.
The Q\.1EL index divides:fue 24 :hom ,day into tbree sub.Perio~ i:e., :1he daytime (7:00 am
to 7;00 p.:m.)~ 'tbeeveningpenod,(7;OO p.m. 1:0 10:00 p.m.), and the nighttime period (J 0:00
p.m. 1:0 ];00 mn). A1s0~ weigbring:facton; 'of5 and 10 dBA.me.2J'Plied to the evening and
:nighttime periods" :respec1ive1y", ;to :accomrt :for ibe :greater sensi1ivitv' ,of peopJe to Doise
,during 'those periods.. The:CNEL -:values me :ca1cu1zted from :tbe Jll~d Leq vaJues in
accordance -with the followillg:matbemaficaJ fonnuJa:
CNEL = [(Ld+l01og1012) & CL:+5+101og1;3) & CLn+JO+I01og]09)]-101ogl024
where:
Ld=
L=
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Lcqforthe dayfune{7;00am.. to 7:00:p.m.)
Lcq fOT the -evening' (7:00 p.m.. 1:0 J 0:00 P.DL)
Leqforihemghttime (l 0:00 p.m. to 7;00.a.m.)
mmca1es the 24 :b.ourp~od
denotes ili::Cloe1 addiiion
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The kCibe1.mc:asme .ofihe sound leve11rtiliiing the u. A" weighted network of a
SOlIDO lev=1met.cr is :rcfm-...a 10 2S ~dBA..... The 4A.... weighting :is the accepted standard
weigJmnlO system DSeiI When nOise is mCl!SllT'"...D. and :reoonJed for 1he purpose of
.d.et~ing1Dta1:noise]eve1s.mla.conduc1ing statistical analyses oftbe environment so that
1he~D1-c.orre1ates weill with tben:5ponse.of the buman -ear.
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Noise Measnrement Dab and Calculation Tables
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A c..s-:r:..TIV3 PLAYSCBOOL
FIL2: 3D-Dll_DTA
DATE: 2/20/l.9.98
AMBIENT ~-n pL...~YGRODND ACTTvITY NOISE L1:,"""'VELS
, - _ LOC'.1>..TION, J..: NOR'I.HWEST .COJlli1ER OF PLAY YARD
.:roGIENT '
cnt Leg EEL Lm2X Lpk Lmin Date 'Time Dur Ex Pk OV
1. 55.0 90..0 67_0 81._0 48_0 20 FEE 8: DO: 00 0:52 h:m J. l 0
LOJ. == 62.0 L20 = 57_0 L50 = 54_0 L.90 == 52.0
~~
20 CHILDREN ?h~YING
2 68_0 .95_5' 88- 0 ' .98.0 50_5 lO EEB .9:00:DO 0: 08 ll:m 0 0 0
LOJ. = 7.9_0 L1.o = 72. ~O L50 = -62.0 1..90 == 56_0
.,- CHILDREN ~LAYING
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3 68_D 95_5 86_0 .98_0. :54_0 lD FEE .9:1.0:00 0:0.9 h:m 0 0 0
LOl. == 78_5 LlO == 71._5 L50 = 63_5 1..90 = 58.0
26 CHILDREN ?L..~YING
4 72- 0 lOO_O .92.0 1.03-0 50.5 20 .r;.;.::s .9:20:00 0:1.0 !l:m 0 0 0
1.01. == 84_5 1.lO == 73_5 1.50 = 66_0 1.90 = 60.5
A.1ISIEl\1T
:::> 55_5 76_5 63_0 73_5 50_5 1.0 E3B .9:30:00 0:02 n:m 0 0 0
1.01. == 62.0 1.1.0 == 57-0 1.50 = 55.0 1..90 == 53.5
LO~'T'ION 2: A1I.:BIENT AT 6825 Al\.1ADOR "\i']l.T.,,EY" .BO"D1.Zv:ARD
000
L90 = 57_0
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84_5
72_0 B4.5 56_0 lO?EB 9:48:56 0:04 n:m
LOl = 69_5 LlO = 64_0 1.50 = 5.9_0
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