HomeMy WebLinkAbout4.06 Munchkin-Care Ctr CUP CITY CLERK
File # I-lid II
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: AugUst-3, '19'99
SUBJECT: PA 99-014, granting appeal from denial by the Planning C0~ission of the
Munchkin-Care Day Care Center Conditional Use' permit for a day care center for
thirty children and approval of a day care center subject to a limit of 20 children.
(Report Prepared by~nnis Carrington, Senior Planner/Zoning Administrator)
ATTACHMENTS: I) Project Site Plan
2) Resolution adopting Negative Declaration
3) Resolution granting the appeal from the denial bythe Planning Commission
of a day care center for 30 children and approving a Conditional Use Permit
for a Day care center subject to a limit of 20 children
RECOMMEND A TI O N: l) ~dsP~ R~/5ifiti0~ '/~d°ptifig"~g~ix3e De-ciai-a~n
2) Adopt Resolution granting the appeal from the denial by the Planning
· Commission ora day care center for 30 children and approving a
Conditional Use Permit for a Day care center subject to a limit of 20
children
FINANCIAL STATEMENT: None'
DESCRIPTION:
The City Council at its meeting on July 20, 1999, directed Staffto prepare a Resolution adopting a
Negative Declaration and a Resolution of Approval for a Conditional Use Permit for a Day care center for 20
children located at 11586 Alegre Drive. This action grants the appeal by the Applicantg from the denial by the
Planning Commission of their request to expand their existing day care center from 12 children to 30 children and
approves a day care center subject to a limit of 20 children.
COPIES TO: Jay'and'SUsan ~Ki-iShna
Marjory Gibson
PA 99-014 File.
Internal Distribution
ITEM NO.
Conditions of Approval . ~
Staff has prepared the resolution adopting the Negative Declaration and the resolution approving the
Conditional Use Permit. In addition to conditions relating to standard planning concerns, the resolution
approving the Conditional Use Permit contains the following day care-related conditions of approval:
1. The maximum number of children present at the day care facility at any one time shall not
exceed twenty (20).
2. The Day care center shall operate Monday through Friday between the hours of 7:00 a.m. and
6:00 p.m. and shall be closed on the weekends.
3. The day care center shall have drop-ofttimes from 7:00 a.m. to 9:30 a.m. and pick up times
between 3:30 p.m. and 6:00 p.m.
4. Pursuant to the commitment of the Applicants to do so, the Applicants shall prepare a
"Munchkin Care Parking and Driving Safety Agreement" to the satisfaction Of the Director of
Community Development that is signed by all parents. The document shall require customers to:
· Limit speeds on Alegre Drive to no more than 10 miles per hour,
· Limit drop-off and pick-up parking to three spots on the driveway at 11586 Alegre Drive
and one on-street parking place at 11586 Alegre drive,
· Prohibit obstruction of neighboring driveways,
· Limit drop-off and pick-up times to a maximum of 10 minutes,
· Require parents of school-age children from Nielsen School to park in parking spaces
other than the four mentioned above or elsewhere on Alegre Drive and walk their ~
children to Munchkin Care, and
· Provide for fmcs for parents for violations.
5. No modifications to the residence 'at 11586 Alegre Drive may occur that take away from the
garage or the residential areas of that residence.
6. No signage shall be permitted for the Day care center.
7. The play area that was created from the conversion of a garage Parking space shall be converted
back to a garage parking space by the time more than 12children are permitted in the Center.
8. Applicants and day care center staff shall park in garaged spaces but shall not park on Alegre
Drive.
9. The three garage parking spaces shall be reserved for use by the Day care center staff during
operational hours.
10. The gate entry shall be repaired to minimize noises and shall be kept in good repair.
11. The main entry to the residence shall be used as the entry to the day care facility.
12. Sounds made by children shall be controlled so as not to create a nuisance to the adjoining
residential neighborhood.
13. Outside play activities shall only take place during the hours of 9:00 a.m. to 10:00 a.m~ and 3;00 ....
p.m. to 5:00 p.m.
14. 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.
15. 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 center. ~
'2,
2
16. 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. "
17. 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 Staffand children attending the facility. A
certification of the presentation of such a program shall be presented to the Planning Department
on a yearly basis.
18. This 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.
ENVIRONMENTAL REVIEW
A Negative Declaration has been prepared for the project pUrSUant to the California Environmental
Quality Act (CEQA), the State CEQA Guidelines, and the City ofDublinEnvironmen~al' Guidelines.' The
Initial Study evaluated issues relating to land use and planning, population and housing, geologic problems,
water, air quality, transportation/circulation, biological, energy and mineral and cultural resources, hazards,
public services, utilities and services systems, aesthetics, and recreation. It was determined that the proposed
project will not have a significant effect on the environment.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution adopting Negative Declaration, and adopt Re~olution of
approval for a Conditional Use Permit for a Day care center subject to a limit of 20' children
G:\pa99014/ccapprov'al
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION FOR PA 99-014
MUNCHKIN-CARE DAY CARE CENTER
CONDITIONAL USE PERMIT
WHEREAS, Jay and Sushma Krishna, submitted an application requesting approval of a
Conditional Use Permit for the operation of a day care center (PA 99-014) as the primary use within an
existing single-family residence in a PD, Planned Development, Zoning District, located at 11586 Alegre
Drive, and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WlTEREAS, an Initial Study was conducted finding that the project, as proposed and as
conditioned, would not have a significant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this application and is on file in the City
of Dubtin Planning Department; and
WH-EREAS, the City Council did review and use their independent judgment to consider the
Negative Declar~ation on August 3, 1999; and
NOW, T1TF~REFORE, BE IT RESOLVED:THAT T1TE Dublin City Council 'does hereby find
that:
A. Munchkin-Care Large Family Day Care Home Conditional Use Permit project will not have
a significant effect on the environment based on review of the Initial Study and field observation.
B. The Negative Declaration has been prepared and processed in accordance with State and
local environmental laws and guideline regulations.
C. - The Negative Declaration is complete and adequate.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does
hereby adopt the Negative Declaration for PA 99-014, Munchkin-Care Day Care Center (for 20 children)
Conditional Use Permit Project.
PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999.
AYES:
NOES:
AB SENT:
ABSTAIN:
· n Mayor
ATTEST: -~-
City Clerk K2/G/8_$_99/reso_munchlcin-nd. doc g:99014Xem~eso
Attachment
RESOLUTION' NO. - 99
A RESOLUTION OF THE CITY COUNCIL
CITY OF VBLIN
GRANTING APPEAL FROM DEN/AL OF AND APPROVING PA 99r014 ~
MUNCI:YKIN-CARE DAY CARE CENTER CONDITIONAL USE PERMIT REQUEST
FOR A DAY CARE CENTER SUBJECT TO LIMIT OF 20 CHILDREN IN A
PD (PLANNED DEVELOPMENT), SINGLE FAM]LY RESIDENTIAL ZONING D/STRICT
AT 11586 ALEGRE DRIVE
WHEREAS, Jay and Sushma Krishna submitted an application to request approval of a
Conditional Use Permit for the operation of a Day care center, for a maximum of 30 children, as the
primary use within an existing single-family residence in a PD (Planned Development), Single Family
Residential Zoning District, located at 11586 Alegre Drive; and
WHEREAS, the Planning Commission conducted a public hearing on June 22, 1999 to consider
said application; and
Wl~EREAS, following the public hearing the Planning Commission adopted Planning Commission
Resolution 99-25 denying the application; and
WltEREAS, the Applicants timely appealed from the Planning Commission's denial; and
WH-EREAS, the City Council conducted a public'hearing to consider said appeal on July 20, 1999;
and
WltEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the provisions of the California
Environmental Quality Act (CEQA) and a Negative Declaration has been adopted by the City Council for
this project as it will have no significant effect on the environment; and
W~EREAS, the City Council considered all testimony received at the public hearing, together
with the Agenda Statement and all correspondence received at the July 20, 1999, public hearing; and
WHEREAS, the City Council grants the Applicant's appeal from the denial of the Conditional Use
Permit, subject to conditions of approval set forth below.
NOW, TItEREFORE, BE IT RESOLVED THAT ~ Dublin City Council does hereby find
that:
A. The proposed operation of the day care center is compatible, as conditioned, with other
land uses, transportation and service facilities in the vicinity because noise and waffle impacts will
be minimized through limits on the number of children, the hours of outdoor play, the hours of
operation and hours of pick-up and dr_~. -off.
Attachment 3
B. The use, as conditioned, 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 as conditioned, will not be injurious to property or improvements in the
neighborhood because ihe day care home will minimize noise impacts and traffic impacts through
limits on the number of children, the hours of outdoor play, the hours of operation and hours of
pick-up and drop-off.
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.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed.
F. The Munchkin-Care Day Care Center as conditioned, 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 FUROR RESOLVED TItAT ~ Dublin City Council does hereby approve PA 99-
014 Munchkin-Care Day Care Center Conditional Use Permit application as generally depicted by
materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to
the following conditions:
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 12 children in the day care center), and .qhall be subject
to Planning Department review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the condkions of approval. [PL.] Planning, lB] Building, [PO]
Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire
Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of
Environmental Health.
This Conditional Use Permit approval for PA 99-014 is to all~)w the operation of a Day Care facility at
11586 Alegre Drive in a PD Single Family Residential Zoning District. This approval shall generally
conform to the plans stamped approved, labeled Exhibit A, consisting of a Site plan and Floor Plan
stamped received by the Planning Department on April 28, 1999 and shall be subject to the following
conditions.
1. The maximum number of children present at the day care facility at any one time shall not exceed
twenty (20). [PL]
2. The day care center shall operate Monday through Friday between the hours of 7:00 a.m. and 6:00
p.m. and shall be closed on the weekends. [PL]
2
3. The day care center shall have drop-ofttimes from 7:00 a.m. to 9:30 a.m. and pick up times
between 3:30 p.m. and 6:00 p.m. [PL]
4. Pursuant to the commitment of the Applicants to do so, the Applicants shall prepare a "Munchkin
Care Parking and Driving Safety Agreement" to the satisfaction of the Director of Community
Development that is signed by all parents. The document shall require customers to:
· Limit speeds on Alegre Drive to no more than 10 miles per hour,
·Limit drop-off and pick-up parking to three spots on the driveway at 11586 Alegre Drive
and one on-street parking place at 11586 Alegre drive,
· Prohibit obstruction of neighboring driveways,
· Limit drop-off and pick-up times to a maximum of 10 minutes,
· . Require parents of school-age children from Nielsen School to park in parking spaces other
than the four mentioned above or elsewhere on Alegre Drive and walk their children to
Munchkin Care, and
· Provide for fines for parents for violations. [PL]
5. No modifications to the residence at 11586 Alegre Drive may occur that take away from the garage
or the residential areas of that residence. [PL]
6. No signage shall be permitted for the day care center. [PL]
7. The play area that was created from the conversion of a garage parking space shall be converted
back to a garage parking space by the time more than 12 children are permitted in the center. [PL]
8. Applicants and day care center staff shall park in garaged spaces but shall not park on Alegre Drive.
[PL]
9. The three garage parking spaces shall be resenied for use by the day care center staff during
operational hours. [PL]
10. The gate entry shall be repaired to minimize noises and shall be kept in good repair. [PL]
11. The main entry to the residence shall be used as the entry to the day care facility. [PL]
12. Sounds made by children shall be controlled so as notto create a nuisance to the adjoining
residential neighborhood. [PL]
13. Outside play activities shall only take place during the hours of 9:00 a.m. to 10:00 a.m. and 3:00
p.m. to 5:00 p.m. [PL]
14.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]
15. 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 ora day care center. [PL]
16. 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.
[PL]
17. 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 Staffand children attending the facility. A certification of
the presentation of such a program shall be presented to the Planning Department on a yearly basis.
[pt.]
18. This 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]
19. Illuminated exits and exit signs are required. [Fl
20. Exit Hardware. Exit doors must be openable from the inside without special knowledge or the use
of a key.' Slide locks, chains, etc. are not allowed. For security purposes, a single action
deadbolt/door lock may be used. Note: This applies to the rear yard gate also. [Fl
21. Exits: If each room does not have an exi~ directly to the exterior, then the corridor will be required
to be one-hour rated. The minimum corridor width is 36 inches. Exit doors shall be of the hinged
type and shall have proper hardware. [Fl
22. Smoke Detectors. Smoke detectors in the common atmospheres are required and shall be
connected to the fire alarm. [F]
23. If a fire alarm is not required' pursuant to conditions 10 or 11, then an early warning notification
device shall be installed. Type and location may be field coordinated. [F].
24. Fire Extinguishers are required in the playroom adjacent to the garage and in the kitchen due to the
floor plan. [FI
25. Fire Alarm Device is required to be mounted to the structure and shall be 'audible throughout the
structure. [F]
26. An on site inspection is required prior to Fire Department approval. The inspection fee is $80.00.
State Licensing also requires the inspection. [F]
27. 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]
28. The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a clean and litter free site. [PL]
29. 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] -.~
4
PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2/G/8-3-99/reso-munchkincup. doc
grpa99014\eceupresoapproval