HomeMy WebLinkAboutPC Reso04-71 PA 04-049 Newstart Daycare Ctr CUP
RESOLUTION NO. 04 - 71
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR P A 04-049 NEW START DA YCARE CONDITIONAL USE
PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME
AT 5491 ASTERWOOD DRIVE
WHEREAS, Leonard Dixon, submitted an application requesting approval of a Conditional Use
Permit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary
use within an existing single-family residence in a Planned Development Zoning District, located at 5491
Asterwood Drive; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and the project is Statutorily Exempt per Section 15274,
because it is a Large Family Day Care Home; and
WHEREAS, the Planning Commission held a public hearing on said application on December 14,
2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. The proposed operation of the Large Family Daycare Home is compatible with other land
uses, transportation and service facilities in the vicinity because noise and traffic impacts will be
minimized by restrictions on the hours of operation, the small amount of services required, and the
low number of trips generated.
B. The use will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare because all local and State
regulations will be met.
C. The use will not be injurious to property or improvements in the neighborhood because the
daycare home will minimize noise impacts and traffic impacts through limits on the number of
children enrolled and the hours of operation, and the children will be in a licensed daycare facility.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare as the site is improved for residential daycare use.
E. The subject site is physically suitable for the type, density and intensity ofthe use being
proposed.
F. The Large Family Daycare Home is not contrary to the specific intent clauses,
development regulations, or performance standards established for the zoning district in which it is
located because it is a residential use.
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 ofthe 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 RESOL VED THAT THE Dublin Planning Commission does hereby
conditionally approve P A 04-049, a Conditional Use Permit application to operate a Large Family
Daycare Home, as generally depicted by the Site Plan, Floor Plan dated received November 12,2004, and
written statement dated received September 15, 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 permits 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 ofthe conditions of approval: [PL.]
Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
iï1 DEPART.
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1. This Conditional Use Permit approval for PL Ongoing Standard
P A 04-049 is to allow the operation of a
Large Family Day Care Home at 5491
Asterwood Drive in a PD (Planned
Development Zoning District. This
approval shall generally conform to the
project plans and statements stamped
approved, consisting of a Written
Statement, Site Plan and Floor Plan (Dated
received by the Planning Department on
November 12, 2004.
2. The maximum number of children present PL Ongoing Standard
at the daycare facility at anyone time shall
not exceed 14.
3. The large family Daycare Home shall PL Ongoing Standard
operate Monday through Friday between
the hours of7:00 a.m. and 7:00 p.m., and
one Saturday per month between 4:00 p.m.
and 7:00 p.m. and shall be closed on
Sundays.
4. Children sounds shall be controlled so as PL Ongoing Standard
not to create a nuisance to the adjoining
residential nei2:hborhood. No outside
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
activities may take place before 9:00 a.m.
and after 6:00 p.m.
5. The operator of the Center shall require that PL Ongoing Standard
children remain either inside the Center or
in the backyard for pickup by their parent
or guardian.
6. Prior to the establishment of this use, the PL Ongoing Standard
operator shall submit a copy of the
approved State Department of Social
Services License Permit for the operation of
a Large Family Daycare Home.
7. On a continuous basis, the Applicant shall PL Ongoing Standard
provide the City of Dublin Planning
Department with a current Daycare
operating license issued by the State of
California Department of Social Services.
8. This use shall comply with all applicable PL Ongoing Standard
Planning, Building, Alameda County Fire
Department, Police Department, Dublin
San Ramon Services District and State of
California Department of Social Services
regulations and ordinances.
9. This approval shall be null and void in the PL Ongoing Standard
event the approved use fails to be
established within one year, or ceases to
operate for a continuous one-year period.
10. The occupants of the home shall have no PL Ongoing Standard
more than two vehicles parked at the
project site as long as a day care home is
being operated at this address. The garage
at the subject site shall be kept free and
clear for parking the two vehicles during
the day care hours of operation so that
parking spaces in the driveway and on-
street in front of the home are available for
emulovee and parent parking.
11. The Applicant shall be responsible for PL Ongoing Standard
cleanup and disposal of project related trash
in order to maintain a clean and litter free
site.
12. No signage advertising the day care home is PL Ongoing Standard
permitted.
13. No future modifications to the site or PL Ongoing Standard
exterior portion of the residence shall be
made without prior review by the Director
of Community Development, and must
comply with all applicable zoning, building
code and engineering regulations including
issuance of building permits.
14. At any time during the effectiveness of this PL Ongoing Standard
approval, the approval shall be revocable
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
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.
IS. The day care may have up to 14 persons as F
defined by the licensing agency.
16. Residential smoke detectors shall be F Ongoing Standard
required in all areas used by the daycare.
17. Provide a 2A 1 OBC fire extinguisher in the F Ongoing Standard
daycare area.
18. Provide a manual pull station in an F Ongoing Standard
approved location tied to a fire alarm signal
that is 15 decibels above ambient noise
levels.
19. Exit doors must be openable from the F Ongoing Standard
inside without any special knowledge,
effort, or the use of a key. Deadbolts shall
open when the lever hardware is used and
no additional chains or latches are allowed.
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.
20. An address shall be provided on the house F Ongoing Standard
that is clearly visible from the street.
21. An on site inspection is required prior to F Ongoing Standard
Fire Department approval (after submission
of an 850 form).
22. The Applicant must be licensed and comply PO Ongoing Standard
with all State of California Community Care
Licensin CCL re uirements.
23. The Applicant must apply for a City of PO Ongoing Standard
Dublin Business License. A copy of the
approved State of California community
Care license must be submitted. All
employees, both paid and yolunteer, shall
complete a Mandated Reporter class and
rovide verification of such.
24. Police Services will periodically make PO Ongoing Standard
unannounced inspections of the facility and
may require verification of fingerprint
clearance for staff members as reported back
on the State of California CCL "Personnel
Re ort".
4
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
25. To apply fO~bUilding permits, ~.It!A· Mti Ongoing Standard
B
Applicant/Developer 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 of building permits. (Issuance
of Building Permits)
26. Construction plans shall be fully B Standard
dimensioned (including building
elevations) accurately drawn (depicting all
existing and proposed conditions on site),
and prepared and signed by a California
licensed Architect or Engineer. All
structural calculations shall be prepared and
signed by a California licensed Architect or
Engineer. The site plan, landscape plan and
details shall be consistent with each other.
(Prior to issuance of building permits)
27. All project construction shall conform to all B Standard
building codes and ordinances in effect at
the time of building permit. (Through
Completion)
PASSED, APPROVED AND ADOPTED this 14th day of December 14, 2004.
AYES:
Cm. Fasulkey, Nassar, Jennings, and King
NOES:
Cm. Machtmes
ATTEST:
~~ag~
ABSENT:
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