HomeMy WebLinkAbout05-011 Deny CUP at 5481 Asterwd
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 28, 2005
SUBJECT:
CONSENT CALENDAR - PA 05-011 New Start Day Care
Conditional Use Permit for a Large Family Day Care (up to 14
children) at 5481 Asterwood Drive
(Report prepared by: Jeff Baker, Associate Planner) '){/'
ATTACHMENTS:
1.
Resolution Denying a Conditional Use Pennit for a Large
Family Day Care (up to 14 children) at 5481 Asterwood
Drive
Letter from Linda Chuang (Dated June 11, 2005)
Staff Report Dated June 14,2004 (With Attachments)
2.
3.
RECOMMENDATION:
1.
Adopt Resolution (Attachment 1) denying the Conditional
Use Permit for a Large Family Day Care (up to 14 children)
at 5481 Asterwood Drive.
PROJECT DESCRIPTION:
On December 14, 2004, the Planning Commission adopted a resolution (Resolution 04-71) approving a
Conditional Use Permit to allow New Start Day Care to operate a Large Family Day Care at 5491
Asterwood Drive (P A 04-049)(Attachment 7). The Applicant and his family have since moved next door
to 5481 Asterwood Drive and no longer live or operate a day care at the previous residence. The
Conditional Use Permit runs with the land and remains active. Therefore, the Applicant is required to
obtain a Conditional Use Permit to operate a Large Family Day Care at the new location.
The Applicant currently operates a Small Family Day Care at 5481 Asterwood Drive. Small Family Day
Care is defined as caring for up to eight (8) children. Small Family Day Care Homes are permitted by
right in all residential zoning districts as well as most residential Planned Development Districts. The
Applicant currently requests approval of a Conditional Use Permit to operate a Large Family Day Care (up
to 14 children) at this location. The standard operating hours for the day care would be Monday - Friday
from 7:00 a.m. to 6:00 p.m. and one Saturday afternoon per month from 4:00 p.m. to 7:00 p.m.
Concerned about the impacts of having two Large Family Day Care facilities in close proximity, Staff
requested that the applicant seek to have the property owner of 5491 Asterwood Drive abandon the
existing Conditional Use Permit. Staff received a letter represented to be from the property owner at 5491
Asterwood Drive, which indicated the property owner was abandoning the existing Conditional Use
Permit rendering it invalid (Attachment 3). However, on June 14, 2005, Staff received a letter from the
property owner at 5491 Asterwood Drive, indicating that they had never seen the letter in question
(Attachment 2).
On June 14, 2005, the Planning Commission held a public hearing to review the request for a Conditional
Use Permit to operate a Large Family Day Care at 5481 Asterwood Drive. The Planning Commission
raised concern about the potential concentration of Large Family Day Care facilities and the impact on the
surrounding residential neighborhood, if the existing Conditional Use Pennit were not abandoned. The
Planning Commission voted 5-0 to deny the application and requested that Staff return to the June 28,
2005 Planning Commission meeting with a resolution for denial for its review and consideration.
COPIES TO: Applicant
Property Owner
PA File
ITEM NO.
to. J
G:\P A#\2005\05-011 New Start Day Care\PCSR 6-28-05.doc
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) adopt a Resolution (Attachment 1) denying the
Conditional Use Permit for a Large Family Day Care (up to 14 children) at 5481 Asterwood Drive.
2
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
ENVIRONMENTAL REVIEW:
Leonard Dixon, New Start Day Care, 5481 Asterwood Drive,
Dublin, CA 94568
Linda Chuang, 237 Old Glory Court, Fremont, CA 94539
5491 Asterwood Drive, Dublin, CA 94568
Single Family Residential
Planned Development (Single-Family home)
The California Environmental Quality Act (CEQA), together with the
State guidelines and City environmental regulations require that certain
projects be reviewed for environmental impacts and that environmental
documents be prepared. This project has been found to be Statutorily
Exempt from the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines Section 15274, because the project is a
Large Family Day Care Home.
3
G:\PA#\2004\04-049 New Start Day Care\PC Staff Report.doc
4
RESOLUTION NO. 05-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A REQUEST FOR P A 05-011 NEW START DA YCARE CONDITIONAL USE
PERMIT TO OPERATE A LARGE F AMIL Y DA YCARE HOME
AT 5481 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 5481
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 properly noticed public hearing on said application
on June 14,2005; 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 make a decision that the
findings for support of the Applicant's proposal could not be made due to concerns about a concentration
of Conditional Use Permits for Large Family Day Care facilities in the vicinity ofthe project site; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission voted 5-0 to deny
the application and requested that Staff return to the June 28, 2005 Planning Commission meeting with a
resolution for denial for its review and consideration; and
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 not compatible with other
land uses, transportation and service facilities in the vicinity because it could result in the
concentration of Large Family Day Care facilities and the excessive noise, parking and traffic
impacts that a new Large Family Day Care would cause in the vicinity of the project site, since
there is an existing Conditional Use Pennit for a Large Family Daycare Home at the home next
door to the proposed location; and
B. The proposed use would adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and welfare due to the
potential cumulative noise, parking and traffic impacts that a concentration of Large Family Day
Care facilities would cause; and
C. The proposed use would be injurious to property or improvements in the neighborhood due
to the concentration of Conditional Use Permits for Large Family Day Care facilities and the
excessive noise, parking and traffic that the proposed use would cause; and
ATTACHMI:.N f J
D. The subject site is not physically suitable for the type, density and intensity of the use
being proposed due to the concentration of similar use types in a residential neighborhood.
PASSED, APPROVED AND ADOPTED this 28th day of June, 2005.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2005\05-011 New Start Day Care\PC Reso Deny 6-28-05.doc
2
June 11,2005
To: Jeff Baker
Associate Planner, City of Dublin
100 Civic Plaza
Dublin, CA 94568
From: Linda Chuang
Property owner of 5491 Asterwood Dr. Dublin, CA 94568
237 Old Glory Ct.
Fremont, CA 94539
(510) 656-1132
Re: CUP Abandonment
5491 Asterwood Dr. Dublin, CA 94568
Dear Jeff Baker,
I am writing to address an issue regarding a false "CUP Abandonment"
document that I received from the City of Dublin, a public hearing "P A
05-011 New Start Daycare Conditional Use Permit for a large Family
Daycare at 5481 Asterwood Drive".
I was very shocked to see the attached letter from me (Linda Chuang),
which contained a forged signature signed not by me. In fact, I never
written nor seen such a letter.
I urge you to look into this matter as I will be looking for a third party to
resolve this issue immediately.
Sincerely,
~~
~da Chuang
ftêCl:ltlEO
JUN
1 4 2005
DUBLIN PI A
-.NNINo
ATTACH~'ENT ~
=ROM:
~.
} FRX NO. : 4082439192
r )" 14 2005 07: 34RM P2
To: Jeff Baker, Associate Planner. City Of Dublin
From; l.inda ChU~_l1g,f'roperty Owner at 5491 Asterwood Drivet Dublin, ~~
'Ì
Re; CUP Abandonment
Dear City of Dublin,
I , Linda Chuang, am the owner of 5491 Asterwood Drive, in Dublin. -
I have the foUowing understanding: my former tenant, Leonard Dixon,
obtained a conditional use permit from the City to operate a large famlty
day care center on the Property. It is unclear to the City whether the
conditional use permit runs with the land in the sense that I could exercise
the rights under the permit or whether it is personaJ to my former tenant.
Leonard Dixon has applied to the City for a new conditional use permit to
operate a large famity day care center at 5481 Asterwood drive, which is
next door to the Property. The City is concerned about a concentration of
such uses in one location and desires that the existing conditional use
permit on the Property, which mayor may not be abandoned.
Based on the foregoing understanding, I hereby freely abandon any
interest I may have as the property owner of 5491 Asterwood, in that
certain conditional use permit, dated Dee 14th 2004. and issued to Leonard
Dixon, of New start Day Care..
I~nk/S_, .
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04/14/2005 THU 08.12 [TX/RX t-IO 7777] @ 002
Applicant
Property Owner
PkFile
ITEM NO.
~.2
G:\P A#\2005\05-0 I ] New Star! Day Care\PCSR 6-14-05.doc
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 14, 2005
SUBJECT:
A TT ACHMENTS:
RECOMMENDATION:
PROJECT DESCRIPTION:
PUBLIC HEARING - PA 05-011 New Start Daycare Conditional
Use Permit for a Large Family Daycare (up to 14 children) at 54{J1--
Asterwood Drive ~. ~
(Report prepared by: JejJBaker, Associate Planner)
1.
Resolution Approving a Conditional Use Permit for a Large
Family Day Care (up to 14 children) at 5481 Asterwood
Drive
Written Statement
Vicinity Map
Floor Plan
Site Plan
Letter from Linda Chuang - CUP Abandonment
Staff Report Dated December 14,2004 (5491 Asterwood Dr)
2.
3.
4.
5.
6.
7.
1.
2.
Open the public hearing;
Receive Staff Presentation and Take Testimony from the
Applicant and the Public;
Close the Public Hearing and Deliberate; and
Adopt Resolution (Attachment 1) approving Conditional Use
Permit for a Large Family Daycare (up to 14 children) at
5481 Asterwood Dri ve.
3.
4.
On December 14, 2004, the Planning Commission adopted a resolution (Resolution 04-71) approving a
Conditional Use Permit to allow New Start Day Care to operate a Large Family Daycare at 5491
Asterwood Drive (P A 04-049)(Attachment 7). The Applicant and his family have since moved next door
to 5481 Asterwood Drive and no longer live or operate a daycare at the previous residence. Conditional
Use Pennits run with the land. Therefore, the Applicant is required to obtain a Conditional Use Permit to
operate a Large Family Day Care at the new location. Also, the owner of the previous residence (5491
Asterwood Drive) has abandoned the existing Conditional Use Permit rendering it invalid (Attachment 6).
The Applicant currently operates a Small Family Daycare at 5481 Asterwood Drive. Small Family
Daycare is defmed as caring for up to eight (8) children. Small Family Daycare Homes are permitted by
right in all residential zoning districts as well as most residential Planned Development Districts. The City
has not received any complaints regarding the existing daycare operation.
The Applicant currently requests approval of a Conditional Use Pennit to operate a Large Family Daycare
(up to 14 children) in a single-family home located at 5481 Asterwood Drive. The standard operating
hours for the daycare would be Monday - Friday úom 7:00 a.m. to 6:00 p.m. and one Saturday afternoon
per month from 4:00 p.m. to 7:00 p.m. The daycare facility would also provide-- occasional after hours
services during the week, for an additional charge, to parents that are unable to pick-up their children by
6:00 p.m. This after hours service extends until to 7 p.m. The Large Family Daycare will have three full-
G:\PA#\2005\05-01I New Start Day Care\PCSR 6-14-05.doc
Applicant
Property Owner
P A File
ITEM NO. ~.¿,
ATTACHMENT ~
COPIES TO:
time employees consisting of the Applicant and his wife, who both live in the property, and one additional
employee that does not live in the home. The property is zoned Planned Development and the General
Plan designation is Single-Family Residential. Large Fami1y Daycare homes are permitted in this zoning
district by way of Conditional Use Permit.
ANAL YSIS:
Noise ImTJacts
Staff visited the site and determined that noise impacts to surrounding residences would be minimal.
Conditions of approval are included in the resolution that limit the hours of operation from 7:00 a.m. to
7:00 p.m. Monday through Friday and from 4:00 p.m. to 7:00 p.m. one Saturday per month (Condition 3).
The Conditions further require that noise generated at the site be controlled so as not to create a nuisance
to the adjoining residential neighborhood. Outside activities are restricted from taking place before 9:00
a.m. or after 6:00 p.m. (Condition 4).
Traffic Impacts
The City's Traffic Engineer determined that the traffic impacts of the proposed Large Family Daycare
home would be minimal and that no Traffic Impact Fee is required. Pick up and drop off times will be
primarily in the morning and evening hours, but the number of children being served is few enough that
there should not be a great concentration of vehicles to and from the house at any particular time.
Additionally, parents typically drop-off and pick-up their children at staggered times throughout the
morning and late afternoon. The daycare also accepts part-time students and provides transportation for
some children, which will reduce vehicle trips during peak times. Part-time students are included in the
maximum enrolled total of 14 children.
Parking
Per the City's Parking Ordinance, a day care facility of this size is required to provide seven (7) off-street
parking spaces. Two (2) parking spaces are reserved for the home, one (1) space is reserved for the
employee, and four (4) parking spaces based on the number of students the daycare will serve. This
project site has five (5) off-street parking spaces: two (2) spaces in the garage and three (3) spaces in the
driveway, resulting in a shortage oftwo (2) off-street parking spaces. The Parking Ordinance allows for a
parking reduction if it can be shown that:
1. The Conditional Use Permit fmdings can be made;
2. It can be demonstrated that the required parking standards are excessive for this situation; and
3. Overflow parking will not impact any adjacent use.
The Applicant and his wife will use the two parking spaces in the garage. The employee will use one of
the parking spaces in the driveway. There are two parking spaces in the driveway and one (1) on-street
parking space available in front of the house for parents to use when they drop-off and pickup their
children (Attachment 4). There is approximately 60' of separation between the driveway for the subject
property and the property to the south. This provides one additional space for on-street parking.
Additional space is also available across the street along the side yard of the adjacent residences.
Parking studies have been prepared for previous Large Family Daycare Conditional Use Pennits. These
parking studies have demonstrated that it takes approximately six (6) minutes to drop-off or pickup a
child. The combination of available on-street and off-street parking should be sufficient to serve the
proposed daycare use because of the staggered drop-off and pickup times, and the fact that the Applicant
provides transportation for some children.
2
Licensing
Condition 6 has been included in the resolution and requires the operator to submit a copy of the State of
California Department of Social Services License Permit for the operation of a Large Family Daycare
Home for verification purposes, prior to establishment of the use. The conditions of approval (Condition
7) further require the Applicant, on a continuing basis, to provide the Community Development
Department with current and updated Daycare operating licenses issued by the State of California
Department of Social Services.
Public Notice
In accordance with State law, a public notice regarding this hearing was mailed to all property owners and
occupants within 300 feet of the proposed project. A public notice was also published in the Valley
Times and posted at several locations throughout the City. To date, the City has not received comments
or objections from surrounding property owners or tenants regarding the current proposal.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State guidelines and City
environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared. This project has been found to be Statutorily Exempt from the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15274, because the
project is a Large Family Daycare Home.
CONCLUSION:
Staff believes that the proposed Large Family Daycare Home would have limited impacts to the
surrounding neighborhood regarding noise, traffic, and parking. The facility will be properly licensed,
and no complaints have been received about the existing Small Daycare Home that would lead Staff to
believe that expanding the use would be problematic.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) open the public hearing, 2) receive Staff presentation
and take testimony from the Applicant and the public, 3) close public hearing and deliberate, and 4) adopt
a Resolution (Attachment 1) approving the Conditional Use Pennit for a Large Family Daycare (up to 14
children) at 5481 Asterwood Drive.
3
GENERAL INFORMATION:
APPLICANT:
Leonard Dixon, New Start Day Care, 5481 Asterwood Drive, Dublin, CA
94568
PROPERTY OWNER:
Linda Chuang, 237 Old Glory Court, Fremont, CA 94539
LOCATION:
5491 Asterwood Drive, Dublin, CA 94568
GENERAL PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING
AND LAND USE:
Planned Development (Single-Family home)
G:\P A#\2 004 \04-049 New Start Day Care\PC Staff Report.doc
4
RESOLUTION NO. 05-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR PA 05-011 NEW START DA YCARE CONDITIONAL USE
PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME
AT 5481 ASTERWOOD DRIVE
WHEREAS, Leonard Dixon, submitted an application requesting approval of a Conditional Use
Pennit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary
use within an existing single-family residence in a Planned Development Zoning District, located at 5481
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 June 14,
2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. The proposed operation of the Large Family Daycare Home is compatible with other land
uses, transportation and service facilities in the vicinity because noise and traffic impacts will be
minimized by restrictions on the hours of operation, the small amount of services required, and the
low number of trips generated.
B. The use will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare because a1110cal and State
regulations will be met.
C. The use will not be injurious to property or improvements in the neighborhood because the
day care 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 day care 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 of the 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 RESOL VED THAT THE Dublin Planning Commission does hereby conditionally
approve a parking and loading reduction of two (2) off-street loading spaces because the staggered drop-
off and pick-up times typical of the Family Day Care Home will reduce parking and loading demand; the
number of on-street parking spaces in the project vicinity is sufficient; and the availability of on-street
parking is sufficient. The Zoning Ordinance parking requirements are, therefore, excessive in this case,
and overflow parking will not adversely impact adjacent uses.
BE IT FURTHER RESOLVED THAT THE Dublin Plamùng Commission does hereby
conditionally approve P A 05-011, a Conditional Use Permit application to operate a Large Family
Daycare Home, as generally depicted by the Site Plan, Floor Plan and written statement dated received
February 23,2005, 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 of the conditions of approval: [PL.]
Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. ..
pl.)~êa_rr:lQNS,:f¡ii'¡;"!·""'·"·": ;."..., Hi,,!,
1. This Conditional Use Pennit approval for PL Ongoing Standard
P A 05-011 is to allow the operation of a
Large Family Day Care Home at 5481
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
February 23,2005.
2. The maximum number of children present PL Ongoing Standard
at the day care 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 neighborhood. No outside
2
.,<
NO I CONDITION TEXT RESPON. WHEN SOURCE
AGENCYJ 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 DetJartment 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 daycare 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
emolovee and parent parkin£!:.
11. The Applicant shall be responsible for PL Ongoing Standard
cleanup and disposal of project related trash
in order to maintain a clean and litter free
site.
12. No signage advertising the daycare home is PL Ongoing Standard
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
for cause in accordance with Section
3
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ I REQUIRED
DEPART.
8.96.020.1 of the Dublin Zoning Ordinance.
Any violation of the terms or conditions of
this permit shall be subiect to citatiiil
TC',i':>n: j,:, ,.,.. . ···>L?>:;'::.).!: k .., '" ...,;' ';<.h"",;",,,' .,0,
»
15. The day care may have up to 14 persons as F Ongoing Standard
defined by the licensing agency.
16. The day care is limited to the first floor and F Ongoing Standard
shall not use the garage. Barriers shall be
provided to prevent access to the upper
f1 0 or.
17. The family room shall be able to exit F Ongoing Standard
directly through the nook without passing
through the kitchen.
18. The napping area shall have an access and F Ongoing Standard
means of egress window as required by
CBC.
19. Residential smoke detectors shall be F Ongoing Standard
required in all areas used by the davcare.
20. Provide a 2AlOBC fIre extinguisher in the F Ongoing Standard
davcare area.
21. 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.
22. 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 knowled2e or effort.
23. An address shall be provided on the house F Ongoing Standard
that is clearly visible from the street.
24. An on site inspection is required prior to F Ongoing Standard
Fire Department approval (after submission
~f an 850 form). mala. :,.":;!:H¡~ ~.-
25. The Applicant must be licensed and comply PO ngomg Standard
with all State of California Community Care
Licensing (CCL) requirements.
26. The Applicant must apply for a City of PO Ongoing Standard
Dublin Business License. A copy of the
approved State of California community
Care license must be submitted. All
employees, both paid and volunteer, shall
complete a Mandated Reporter class and
t)fovide verification of such.
4
27.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCYI REQUIRED
DEPART.
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".
To apply for building permits, B Ongoing Standard
ApplicantJDeveloper 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. ApplicantlDeve10per will
be responsible for obtaining the approvals of
all participation non-City agencies prior to
the issuance of building permits. (Issuance
of Buildin Permits
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 build in ermits
All project construction shall conform to all B Standard
building codes and ordinances in effect at
the time of building pennit. (Through
Com 1etion
NO
29.
30.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2005.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2005\05'{) I I New Start Day Care\PC Reso 6-14-05.doc
5
New Start Children's Center
License #013417359
New Start Children's Center is a home based child care facility that offers flexible and high
quality child care to families who need care for their children. The center currently offers
childcare to children 0 to 10yrs of age. Over the next year, the demand for programs serving
infants, toddlers, preschool, and kindergarten and after school children will expand. Over 70% of
all families with young children will have mothers in the work force, creating an urgent need for
accountable and high quality care arrangements for their children. Childcare will always be a
need. NSCC goes beyond meeting that need by offering "high" quality care in a horne-like and
professional environment. This attention to high quality in a professional and comfortable
environment is what sets our program apart from the rest. By providing staff, which possess the
best skills to offer a warm, supportive and stimulation environment, we recognize the families
wishes that their child be treated like an individual with their own set of needs. A quality program
that can feel like home takes expertise in early childhood. The goal of New Start Children's
Center is to provide the characteristics that constitute this described quality care.
The short-term goal of New Start is to have our facility license expanded to accommodate 14
children. Currently, we have 8 children, which is the maximum amount of children we can have
under our current license. Since December 15,2003, we have been licensed, and as of now, we
currently have a waiting list for several families. On average, we receive 3 or 4 calls per day from
parents in our Eastern Dublin area who need child care, therefore, by increasing our license it will
give our business more flexibility for full and part time care. The home, which is approx. 2,575
square feet, is conveniently located in the Summer Glen community.
The long-term goal of New Start is to expand out into the Eastern Dublin Community as a center
based program. Just as EDCC has several locations at several elementary schools, New Start wants
to focus on providing childcare at school based locations in East Dublin. We have already been in
talks with several investors and Childcare links to make this a reality in the future.
The Daycare
Our home-based daycare is located near three major commuter routes to businesses in all
directions: 580(north - south), 680, and 880. There are various types of retail businesses and
Professional Offices. Some of the businesses Include Sybase, People Soft, Washington Mutual
Bank, IMAX theaters, Old Navy and various dentists, physicians and five Public schools just to
name a few.
The home itself is more than 2,575 square feet, more than 2,200 of which will be useable child
space. This setting is ideal for children, with plenty of shaded yard space for outdoor play.
RECE'" ,,_....
FES 2 3 2005
:ÐUBLlN PLAI'I"'d'C'~
()(I1J~:"O l}
Product! Delivery of Services
As stated previously, New Start Children Centers, is providing "high" quality childcare to families
with young children. The defmition of high quality can be different for each child care center as
well as for each potential client looking for child care Therefore, this means in terms of benefits to
the family is having their child in a facility where they are going to be nurtured and supported in
such a way that promotes positive self-esteem and provides the opportunity for optimal growth in
all areas of development.
Special Features
Weekend workshops for parents and their children
Most often parents don't have time to stop and play with their children at drop off or pick up time.
In many cases only one-parent drops off and picks up the child so one parent rarely sees staff and
the facility. Our workshops allow parents and children to explore together and at the same time
promote our program to potential families.
StaftinglOn-CalllAfter hour's teacher availability.
From 7am to 6pm Mon-Friday, which is our normal business hours, we have 3 licensed staff
providing direct care, (Leonard Dixon, Owner, Monique Williams Dixon, Program Director, and
Chhorvy Seenwng, Program Assistant). After hours, we have one staff designated to be "on call"
in the event a parent needs to be late. An additional fee is charged, but it does not jeopardize the
child's enrollment as it does in many other programs. With many of our clients being doctors,
dentists, corporate and accounting executives, and self employed (many of who work out of the
State of CA), this feature eases the minds of many of our parents who may get caught in a medical
emergency, meetings and traffic. .
Developmental Progress Reports are completed on each child every 6 months. Staffs observe and
record children's developmental progress and put it into a written report and then have a time to sit
down and talk with parents. This is the type of personal service, many programs do not provide,
which make our program higher quality.
Once a Month, Parents Night Out Child Care. Each month NSCC offers a Saturday night of
childcare to those families enrolled in our program. Near the Christmas season, additional weekend
times are available to families. This service may be open to the public and used as an advertising
tool.
RECEIVJ:n
. FEB 2 '3 2005
DUBLIN PLANNIN~ () 1Lr) )
r t[{/j- ¿V
The Market
On a national scale and contributing to the increase need for childcare. the increase in number of
woman in the workforce, the decline of the extended family located near nuclear families and the
high divorce rate are trends that have increased the demand for child care services. According to
the U. S. Bureau of the Census, more than sixty percent of children of working families are cared
for outside the home. This report dated back to Fall 1987 and the need has only increased in the
past ten years. Now, with the Back to Work initiative great demands are placed on single parent
households, sending them scurrying to find childcare.
Room to Grow (De1tUlnd is high, supply is low) It is estimated that more than 70% of families with
children under school age have two parents working. (1998 Kidscount Data Outline, page 2,
Childcare Indicators). This creates quite a problem in the area were there are roughly only 24 infant
spots, 36 toddler spots. There are 4 childcare centers in Dublin. The fact that all 4 of the programs
are full suggests a real need for more quality childcare in this area. Where are the rest ofthese
children going? A majority of these families have resorted to "in-home" unlicensed childcare or
Nanny Services. Families have had to make uncomfortable compromises to find childcare for their
children in order to stay employed. Consequently this affects business tremendously. Happy
parents equal productive and motivated employees. High absenteeism and stressed out parents can
often be associated with poor quality childcare. NSCC offers a professional service that will be
there every day. We have teamed up with the local college students at Las Positas to provide back
up staffing in the event that one of our staff is out.
Location
NSCC is located at 5481 Asterwood, near the comer. The accessibility of our home has made our
day care more attractive to families. Since we are located near the comer (See Map), Parents can
easily get to and from our home from three different streets. As mentioned earlier. our home is
near three major commuter routes to businesses and schools in all directions. Our Daycare has well
over 8 slots for parking (see parking picts).
Competition
The quality of the service separates us from our competitors. While there are other childcare
centers in the area. none offers the small group sizes, Staff to child ratios and unique environment
that NSCC provides. No other center in the area offers the "extra" services that we offer to families.
As a result of the "Center Comparison Analysis" we did, there are no Infant or Toddler slots open
in any of the few centers that offer this care and many of them have a waiting list. There was only
one childcare center with preschool openings. Preschool waiting lists spanned several months to
several years.
One advantage that NSCC has had is its connections with its competitors. Being involved in early
childhood for many years, Leonard Dixon (Owner), has many colleagues (mostly from targeT
centers in Oakland and San Jose that direct centers. They have been very helpful in providing
suggestions and resources. Since many programs turn families away because they are full, many of
these directors will refer those families to us.
RECE'VEn
FEB 2 3 2005
r¡j[~ /)))
OUBlIN PI..l\Nt,j¡I\IG
Program Structure I Impacts on community
Since parents' work schedules differ, children usually arrive over a period of two or more hours in
the morning and leave during a similar period in the late afternoon. This reduces the number of
vehicles likely to stop at the home at one time, as do siblings or carpoolers arriving together.
Parents are encouraged to escort children safely to and from cars to the home. By implementing
these measures, my business will not increase traffic congestion on our street. While children are in
our care, my assistant and I are responsible for their supervision at all times (See Daily Schedule).
including indoor activities, outdoor play, and on wanes or vehicle trips away from my home. I
anticipate outdoor playtime to be limited to one hour after 9 am and one hour after 2:30 pm. and
noise will be kept below the maximum stipulated by city officials.
On Dec. 14th 2004, New Start was approved for a CUP # PA 04-049 at 5491 Asterwood.
However. a bigger home came available, which was a better fit for our family and our business.
For the most part, the community has embraced New Start. The only opposition was Summer
Glenn CC&R's. but California law Health and Safety section 1597.4010, protects family childcare
from any covenant by ROA's which restricts day care's (See attached info about the law). In
conclusion, this project should be passed, we have no complaints on file with the City of Dublin
and Community Care Licensing, and we actually have more onsi1e parking than before. If the City
of Dublin is going to continue to build new homes on the East Side of Dublin, then quality
childcare should one of the focal points in this growing community.
RECEIVED
rES 2 3 2005!
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650/482-6300
650/482-6399 (FAX)
Subject
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SUMMER GLEN - TRACT 5976
166 - 5481 ASTERWOOD D~.
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FROM :
-
FAX NO. :4082439192
r ~. 14 2005 07:34AM P2
To: Jeff Baker, Associate Planner. City Of Dublin
From: Linda Chuang, Property OWner at 5491 Asterwood Drive. Dublin, Ca
Re; CUP Abandonment
Dear City of Dublin,
I . Unda Chuang, am the owner of 5491 Asterwood Drive, in Dublin. .
I have the following understanding: my former tenant, Leonard Dixon,
obtained a conditional use penn it from the City to operate a large famlty
day care oenter on the Property. It Is unclear to the City whether the
conditional use permit runs with the land in the sense that I could exercise
the rights under the permit or whether It is personal to my former tenant.
Leonard Dixon has applied to the City for a new conditional use permit to
operate a large family day care center at 5481 Asterwood drive, which is
next door to the Property. The City Is concerned about a concentration of
suoh uses in one location and desires that the existing conditional use
permit on the Property. which mayor may not be abandoned.
Based on the foregoing understandlng,- hereby freely abandon any
interest I may have as the property owner of 5491 Asterwood, in that
certain conditional use permit. dated Dee 14ft! 2004, and issued to Leonard'
Dixon. of New start Day Care..
7nk:~ .
~ua*cf
04/14/2005 THU 08: 12 [TX/RX t~O 7777] @002
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: DECEMBER 14, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PROJECT DESCRIPTION:
PUBLIC HEARING - PA 04-049 New Start Daycare Conditional
Use Permit for a Large Family Daycare (up to 14 children) at 5491
Asterwood Drive
(Report prepared by: Jeff Baker, Associate Planner)W
1.
Resolution Approving a Conditional Use Permit for a Large
Family Day Care (up to 14 children) at 5491 Asterwood
Drive
Written Statement
Vjcinity Map
Floor Plans
Site Plan
Email from Leonie Meima
2.
3.
4.
5.
6.
1.
2.
3.
4.
5.
Open public hearing and hear Staff presentation.
Take testimony from the Applicant and the public.
Question Staff, Applicant and the pubHc.
Close public hearing and deliberate.
Adopt Resolution (Attachment I) approving Conditional Use
Pennit fo1' a Large Family Daycare (up to 14 children) at
6071 Round Hill Drive
The Applicant requests approval of a Conditional Use Permit for a Large Family Daycare (up to 14
children) in a single-family home located at 5491 Asterwood Drive. The standard operating hours for the
daycare are Monday - Friday from 7:00 a.m. to 6:00 p.m. and one Saturday afternoon per month from
4:00 p.m. to 7:00 p.m. The daycare facility also provides occasional after hours services during the week,
for an additional charge, to parents that are unable to pick-up their children by 6:00 p.m. TIùs after hours
service extends to 7 p.m. The Large Family Daycare will have three full-time employees consisting of the
Applicant and his wife, who both live in the property, and one additional employee that does not live in
the home. The property is zoned Planned Development and the General Plan designation is Single-
Family Residential. Large Family Daycare homes are permitted in this zoning district by way of
Conditional Use Permit
The Applicant currendy operates a Small Family Daycare in this location and is proposing to expand the
operation. Small Family Daycare is defined as caring for up to eight (8) children. Small Fami1y Daycare
Homes are permitted by right in all residential zoning districts as well as most residential Planned
Development Districts. Tbe City has not received any complaints regarding the existing daycare
operation.
ANALYSIS:
Noise Impacts
Staff visited the site and determined that noise impacts to surrounding residences would be minimal. The
project site is a comer lot with single-family homes to the south and east. Conditions of approval are
COPIES TO: Applicant
Property Owner
P A File
G:\PA#\1()()4\04-049 N~ Stan Day Care\PC StatfRcport.doc
ITEM NO. ~ ."'"'
included in the resolution that limit the hours of operation from 7:00 a.m. to 7:00 p.m. Monday through
Friday and from 4:00 p.m. to 7:00 p.m. one Saturday per month (Condition 3). The Conditions further
require that noise generated at the site be controlled so as not to create a nuisance to the adjoining
residential neighborhood. Outside activities are restricted from taking place before 9:00 a.m. or after 6:00
p.m. (Condition 4).
Traffic lmvacts
The City's Traffic Engineer detennined that the traffic impacts of the proposed Large Family Daycare
home would be minima] and that no Traffic Impact Fee is required. Pick up and drop off times will be
primarily in the morning and evening hours, but the number of children being served is few enough that
there should not be a great concentration of vehicles to and £Tom the house at any particular time.
Additionally, parents typically drop-off and pick-up their children at staggered times throughout the
morning and late afternoon. The daycare also accepts part-time students and provides ttansportation for
some children, which will reduce vehicle trips during peak times. Part-time students are included in the
maximum. enrolled tota] of 14 children.
Parking
Per the City's Parking Ordinance, a daycare facility of this size is required to provide seven (7) off-street
parking spaces. Two (2) parking spaces are reserved for the home, one (1) space is reserved for the
employee, and four (4) parking spaces based on the number of students the daycare will serve. This
project site has four (4) ofT-street parking spaces: two (2) spaces in the garage and two (2) spaces in the
driveway, resulting in a shortage of three (3) ofT-street parking spaces. Tbe Parking Ordinance allows for
a parking reduction if it can be shown that:
1. The Conditional Use Pennit findings can be made;
2. It can be demonstrated that the required parking standards are excessive for this situation; and
3. Overflow parking wil1 not impact any adjacent use.
The Applicant and his wife win use the two parking spaces in the garage. The employee will use one of
the parking spaces in the driveway. There is one parking space in the driveway and three (3) on-street
parking spaces available in front of the house for parents to use when they are dropping off and picking up
their children (Attachment 5). Parking studies have been prepared for previous Large Family Daycare
Conditional Use Permits. These parking studies have demonstrated that it takes approximately six (6)
minutes to drop-off or pick-up a child. Because of staggered drop-off and pick-up times, and the fact that
the Applicant provides transportation for some children, the combination of availab1e on-street and off-
street parking should be sufficient to serve the proposed daycare use.
LicensinfZ
Condition 6 has been included in the resolution and requires the operator to submit a copy of the State of
California Department of Social Services License Permit for the operation of a Large Family Daycare
Home for verification purposes, prior to establishment of the use. The conditions of approval (Condition
7) further require the Applicant, on a continuing basis, to provide the Community Development
Department with current and updated Daycare operating licenses issued by the State of California
Department of Social Services.
Public Notice
A public notice was sent to property owners within a 300-foot radius of the project to advise them of this
request for a Conditional Use Pennit. Staff received an emaiI fÌ'om an adjacent neighbor (Attachment 6)
stating concerns about conflicts with the Covenants, Codes, and Restrictions (CC&Rs) of the Summer
Glenn Homeowner's Association, and suggested that the application be denied.
CC&Rs are a private contract between the homeowner and Homeowner's Association that typically
outline permitted activities and property maintenance, among other things. CC&Rs are not subject to
2
eBforcement by the City, and therefore whether this use is permitted by the Summer Glenn Homeowner's
Association or not, is a matter between the Applicant, property owner and the HOA.
ENVmONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State guidelines and City
environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared. The project has been found to be a Statutorily Exempt ftom the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15274, because the
project is a Large Family Daycare Home.
CONCLUSION:
Staff believes that the proposed Large Family Daycare Home would have limited impacts to the
surrounding neighborhood regarding noise, traffic, and parking. The facility will be properly licensed,
and no complaints have been received about the existing Small Daycare Home that would lead Staff to
believe that expanding the use would be problematic.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) open public hearing and hear Staff presentation, 2)
take testimony from the Applicant and the public, 3) question Staff, Applicant and the public, 4) close
public hearing and deliberate, 5) adopt a Resolution (Attachment 1) approving the Conditional Use Pennit
for a Large Family Daycare (up to 14 children) at 5491 Asterwood Drive.
3
GENERAL INFORMATION:
APPLICANT:
Leonard Dixon, New Start Day Care, 5491 Asterwood Drive, Dublin, CA
94568
LOCATION:
Linda Chuang, 237 Old Glory Court, Fremont, CA 94539
5491 Asterwood Drive, Dublin, CA 94568
PROPERTY OWNER:
GENERAL PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING
AND LAND USE:
Planned Development (Single-Family home)
G:'IPA#\20(l4.\()4..()49 New Stan Day Care\PC Staff Report. doc
4
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR PA 04-049 NEW START DAY CARE 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 adverse1y affect the health or safety of persons residing or working in the
vicinity, or be detrimenta1 to the public health, safety and welfare because aUloeal 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 of the 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 RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 04-049, a Conditional Use Pennit 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.
CONDIT]ONS 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 of the conditions of approval: [PL.]
Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. , WHEN SOURCE
AGENCYI REQUIRED
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 confonn 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 neighborhood. No outside
2
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCYI 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 e:uardian.
6. Prior to the establishment of this use, the PL Ongoing Standard
operator shaH submit a copy of the
approved State Department of Social
Services License Permit for the operation of
a Large Familv Daycare Home.
7. On a continuous basis, the Applicant shall PL Ongoing Standard
provide the City of Dublin Planning
Department with a current Daycare
operating license issued by the State of
California Deuartment 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 Socia] 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
onerate for a continuous one-year period.
10. The occupants of the home shall have no PL Ongoing StandaTd
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 daycare hours of operation so that
parking spaces in the driveway and on-
street in ftont of the home are available for
employee and parent parking.
11. The Applicant shall be responsible for PL Ongoing Standard
cleanup and disposal of project related trash
in order to maintain a clean and litter free
site.
12. No signage advertising the daycare home is PL Ongoing Standard
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 pennits.
14. At any time during the effectiveness ofthis PL Ongoing Standard
atJproval, the anuroval shall be revocable
3
NO CONDITION TEXT RESPON. WHEN, SOURCE
AGENCYI REQUIRED
DEPART.
for cause in accordance with Section
8.96.020.1 of the Dublin Zoning Ordinance.
Any violation of the tenns or conditions of
this pennit shall be subject to citation.
·i~''¡j· :.+ "-::.-~#i~é}-:<f~~*:!~i1rt~~lL~~.3Ir~;Hª~;~!}~~!~i~ij~~1~ ~~JIWRE~ <
15. The day care may have up to 14 persons as F I Ongoing Standard
defmed by the licensing agency.
16. Residential smoke detectors shall be F Ongoing Standard
required in all areas used by the daycare.
17. Provide a 2Al oae 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 alann 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. Deadbo1ts 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 clea.rJy visible from the street.
21- An on site inspection is required prior to F Ongoing Standard
Fire Department approval (after submission
of an 850 fonn).
.~¡~¡~¡;¡¡i~j~j;~;itJìl¡i¡i¡i.~¡¡~<~*,~~~~H~~t[;J1~;~¡~"~'~~.~¡~H~~;(QNDB._¡JjiJ¡~~~!fI¡{~~~i~~~i¡ïÌ¡~iI~W1~~~r.·ê7~~~~~¡~,¡j¡¡~1~''''
22. The Applicant must be licensed and comply PO Ongoing Standard
with all State of California Community Care
Licensing (CCL) reouirements.
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 volunteer, shall
complete a Mandated Reporter class and
urovide 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 staffmembers as reported back
on the State of California CCL «PersOIll1el
ReDOrt" .
4
NO
"':' ~<"¡ -. it
25.
26.
27.
CONDITION TEXT
'" '_in....
To apply for building permits,
ApplicantJDeveloper shan submit eight (8)
sets of construction plans to the Building
Division for plan check. Each set of plans
shall have attached an annotated copy of
these Conditions of Approval. The notations
shall clearly indicate how all Conditions of
Approval will or have been complied with.
Construction plans will not be accepted
without the annotated resolutions attached to
each set of plans. ApplicantlDeveloper will
be responsible for obtaining the approvals of
all participation non-City agencies prior to
the issuance ofbuildíng permits. (Issuance
of Building Permits)
Construction plans shall be fully
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)
All project construction shall conform to all
building codes and ordinances in effect at
the time of building pennit. (Through
Comp1etion)
RESPON.
AGENCY!
DEP ART.
WHEN
REQUIRED
SOURCE
B
Ongoing
~ _ 'NJ -t~¡i¡i-~~~:~.::~!: ['¡!i:~j~f~~tj~~~i~t¡a¡iH¡if~W]~fr~~ï¡J4¡~tit~i~r;ill!-~~i,~i ;!1í~:i~"!,; ¡:::~:::f, t~ ~
Standard
B
B
PASSED, APPROVED AND ADOPTED this 14th day of December 14~ 2004.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Vice Chaírperson
Planning Manager
G:\PA#\2004\04-049 Ne\o\' Start Day CareìPC Reso.doc
5
Standard
Standard
New Start Children's Center
License #013417359
New Start ChUlÙen'S Center is a home based child care facility that offers flexible and high
quality child care to families who need care for their childreD. The center currently offers
childcare to children 0 to lOyrs of age. Over the next year, the demand for programs serving
infants, toddlers, preschool, and kindergarten and after school children will expand. Over 70% of
all families with young children mil have mothers in the work force, creating an urgent need for
accountable and high quality care arrangements for their children. Childcare will always be a
need. NSCC goes beyond meeting that need by offering "high" quality care in a home-like and
professional environment. This attention to high quality in a professional and comfortable
environment is what sets our program apart :fÌ'om the rest. By providing staff, which possess the
best skills to offer a warm, supportive and stimulation environment, we recognize the families
wishes that their child be treated like an individual with their OWD set of needs. A quality program
that can feel like home takes expertise in early childhood. The goal of New Start Children's
Center is to provide the characteristics that constitute this described quality care.
The short-tenn goal of New Start is to have our facility license expanded to accommodate 14
children. Currently, we have 8 children. which is the maximum amount of children we can have
under our cw-rent license. Since December 15,2003, we have been licensed~ and as of now, we
currently have a waiting list for 10 families. On average, we receive 3 or 4 calls per day from
parents in our area who need child care, therefore. increasing our license win give our business
more flexibility for full and part time care. The home, which is well over 2,500 square feet, is
conveniently located in the new Summer Glen community.
The Facility
Our home-based facility is located near three major commuter routes to businesses in all directions:
5 80( north - south), 680, and SSO. There are various types of retail businesses and Professional
Offices. Some of the businesses Include Sybase, People Soft, Washington Mutual Bank, !MAX
theaters, Old Navy and various dentists, physicians and five Public schools just to name a few.
The home itself is more than 2,500 square feet, more than 2,200 of which will be useable child
space. This setting is ideal for children, with plenty of shaded yard space for outdoor play.
Product! Delivery of Services
As stated previously, New Start Children Centers, Ine is providing "high" quality childcare to
families with young children. The definition of high quality can be different for each crnld care
center as well as for each potential client looking for child care Therefore, this means in terms of
benefits to the family is having their child in a facility where they are going to be nurtured and
supported in such a way that promotes positive self-esteem and provides the opportunity for
optimal growth in all areas of development.
RECEIVED
SEP 1 S· 2004
DuaUN PLANNING
PAtJ¥-OZ¡q
Room to Grow (Demand is tugh, mpply is low) It is estimated that more than 70% of families with
children under school age have two parents working. (1998 Kidscount Data Outline, page 2,
Childcare Indicators). This creates quite a problem in the area were there are roughly only 24 infant
spots, 36 toddler spots. There are 4 childcare centers in Dublin. The fact that a114 of the programs
are full suggests a real need for more quality childcare in this area. Where are the rest of these
children going? A majority of these families ha.v~ resorted to "in-home" unlicensed childcare or
Nanny Services. Fami1ies have had to make uncomfortable compromises to find chi1dcare for their
children in order to stay employed. Consequently this affects business tremendously. Happy
parents equal productive and motivated employees. High absenteeism and stressed out parents can
often be associated with poor quality childcare. NSCC offers a professional service that will be
there every day. We have teamed up with the local college students at Las Positas to provide back
up staffIng in the event that one of our staff is out.
LocatioD
NSCC is located at 5491 Asterwood, which is a comer house. The accessibility of our home has
made our day care more attractive to families. Since we are located on the comer (See Map),
Parents can easily get to and from our home from three different streets. As mentioned earlier. our
home is near three major commuter routes to businesses and schools in all directions.
Competition
The quality of the service separates us from oW" competitors. While there are other childcare
centers in the area, none offers the small group sizes, Staff to child ratios and unique environment
that NSCC provides. No other center in the area offers the "extra" services that we offer 10 families.
As a result of the "Center Comparison Analysis" we did, there are no Infant or Toddler slots open
in any of the few centers that offer this care and many of them have a waiting list There was only
one childcare center with preschool openings. Preschool waiting lists spanned several months tn
several years.
One advantage that NSCC has had is its connections with its competitors. Being involved in early
childhood for many years, Leonard Dixon (Owner), has many colJeagues (mostly from larger
centers in Oakland and San Jose that direct centers. They have been very helpful in providing
suggestions and resources. Since many programs turn families away because they are fun, many of
these directors will refer those families to us.
Program Structure I Impacts on community
Since parents' work schedules differ, children usually arrive over a period of two or more hours in
the morning and leave during a similar period in the late afternoon.. This reduces the number of
vehicles likely to stop at the home at one time, as do siblings or carpoolers arriving together.
Parents are encouraged to escort children safely to and from cars to the home. By implementing
these measures, my business will not increase traffic congestion on our street. While children are in
our care, my assistant and I are responsible for their supervision at all times (SeeDaily Schedule),
including indoor activities, outdoor play, and on walks or vehicle trips away from my home. I
anticipate outdoor playtime to be limited to one hour after 9 am and one hour after 2:30 pm, and
noise will be kept below the maximum stipulated by city officials.
RECEIVED
S(P 1 5 2004
DUBUN PLANNING
P /fóLl- -647
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SCALE 1 : 3,212
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I DUBLIN PLANNIKG
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FH FIRE HYDRANT
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8"S5 8- SANITARY SEWER LINE
PSE PUBLIC SERVICE EASEMENT
~ ¡\REA DRAIN (NOS 6-
SPEE-D BASIN OR EQUAL)
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PIPE OR EQUAL
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ill TELEPHONE SPLICE BOX
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(ÇJ CABL! TV SPLICE BOX
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-.-.- SURFACE DRAINAGE SWALE
--- DIRECTION OF' FLOW
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ANY CONCENTRATED SURfACE DRAINAGE FLOWS TO BE COLLEC7ED INTO SUBSURFACE DRAIN c,p~c;
AND CONVEYED THROUGH THE CURS. IT 15 THE BUILDING CONTRACTOR'S RESPONSl61LITY TO 'COÑÑ£:
ROOF LEADERS TO THROUGH CURB DRAINS.
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HQIE: iJUBUN PLANNING ~'" ":~",:",.."",, '::'.~::~::'.::: ';':l:t:':~ '¡':':;:-"='
~~~Y. EX~~~1 ~~O:N~U~W~~G O~E~~~TL~~~~~~~~. I ..""" "" .f!J...._...__......~' !>J: ,¿:!£ff ¡.~ ,
DRJVEWA V5, BACKYARDS, AND OTHER _INF"ORMA 11 ON , ._.,.. a __~L _ .. ~ c ~ .
IS APPROXIMATED AND SHALL NOT Be RELIED j :··'N .L.LJ.(i.!!!!__,__ "';'~;';4 .h:.~_L._._: .
UPON BY THE HOMEBUYER.
r.'; n \~ i ~;": lor"1 r 'i:::,-: ~"ir.... r~ ~.:. !"! 't~':_ ~). !"'~ !
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540 Price Avenue
RedwOOd City, CA 94063
650/482-6300
650/~B2-6J99 (FAX)
Subject SUMMER GLEN - TRACT 697ô
LOT 165 - 5491 ASTERWOOD OK.
Job No. 970166-22
By èf5 Dote 71t"l{q'L Chkd.,)/o'1
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07-104-"
r1,,'!. --:_ - ~:
Jeff Baker
From:
Sent:
To:
Subject:
Je ri Ram
Monday. December 06,20048:16 AM
Jeff Baker
FW: PA-Q4-049 New Start Day Care
High
Importance:
Jeff - pleêse call ~er and prir.t this out for the Comwission and revise staff re port
accD~di~gly. Please let me kr.aw about yo~r conversation. Jeri
-----Original Message-----
From: Leor.ie Meima [mai~~o:lmeima@~oITcast.~et]
Sent: Sat~=day, December 04, 2J04 10:~4 PM
To: planning mgr
Subjec:: PÀ-04-C4~ New Start Day Care
Importance: High
To: ":;eff Raker
I am writinq to inform you of my opposition to ~he the expansion af the New Start Day Care
at ~)491 Asterwood Drive, Dublin, CA 94568. I am opposed to expandi~g this business
becduse i~ is alreaèy in violation of the CCRs of the Summer Glen community, specifically,
article 3.~ which s:ates "Each lot shal: be used for residential pur?oses only; and no
pari. o~ the Development sha:l be used or caused, allowed or authorized to be used in any
way, direct:y or indirectly, fer any bus~ness, commercial, Manufacturing, mercantile,
s~cringr vending or :Jthe= r.onresident:.al ;:nlrpose".
Pleëse contact me at 925-833-7427 to discuss fur~her.
Sincerely,
Leonie Meima
5436 ASgen Street
Dub~in, CA 94568
1