HomeMy WebLinkAboutItems 8.1 PA 92-032 Little Kids Learning Center CUPCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: July 6, 1992
TO: Planning Commission
FROM: Planning Staff
PREPARED BY: David K. Choy, Associate Planner
SUBJECT: PA 92-032 Little Kids Learning Center Conditional Use
Permit
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit request to maintain
indefinitely the existing use of the site for a
preschool/child care, licensed for 91 children,
located at 11760 Dublin Boulevard.
APPLICANT/OWNER: Chiang C. and May H. Yen
1486 Rancho View Drive
Lafayette, CA 94549
LOCATION: 11760 Dublin Boulevard
ASSESSOR PARCEL: 941-113-3-1
PARCEL SIZE: 28,482 square feet (.65 acres)
GENERAL PLAN
DESIGNATION: Commercial/Industrial - Retail/Office
EXISTING ZONING
AND LAND USE: C-O, Administrative Office
Three separate buildings, parking area and
playgrounds for existing preschool/child care
facility.
SURROUNDING LAND
USE AND ZONING:
North: C-0, Administrative Office
District/Professional Offices
South: C-1, Retail Business District/Retail
Shopping Center
East: C-0, Administrative Office
District/Professional Offices
West: C-0, Administrative Office and PD, Planned
Development Districts/ Professional Offices
and Residential
ITEM NO. 1
COPIES TO: Applicant/Owner
Address File
PAGE OF J 5
ZONING HISTORY:
C-3177:
C-3493:
On January 26, 1977, the Alameda County Zoning
Administrator approved a Conditional Use Permit to operate
a nursery school for 40 children in a C-0, Administrative
Office District. The permit was valid until January 26,
1982.
On December 13, 1978, the Alameda County Zoning
Administrator approved a Conditional Use Permit to modify
an existing permit for a nursery school by the addition of
a modular classroom and permitting 95 children. The
permit was valid until December 13, 1983.
PA84-003: On March 5, 1984, the Dublin Planning Commission approved
a Conditional Use Permit to allow continued operation of a
preschool/child care facility. The permit was valid until
March 5, 1989.
PA89-027: On May 15, 1989, the Dublin Planning Commission approved a
Conditional Use Permit to allow continued operation of a
preschool/child care facility, with a maximum of 91
children. The permit was valid until May 25, 1992.
APPLICABLE REGULATIONS:
Section 8-46.2 of the Zoning Ordinance requires that a Conditional
Use Permit be obtained from the Planning Commission for the establishment
of a school within the C-0, Administrative Office District.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not
the use will materially affect the health or safety of persons residing
or working in the vicinity; and 4) whether or not the use will be
contrary to the specific intent clauses or performance standards
established for the district in which it is located.
ENVIRONMENTAL REVIEW: The project has been found to be Categorically
Exempt from CEQA under Section 15301, Class 1 of the California
Environmental Quality Act guidelines. This use consists of the continued
operation of an existing private facility involving no expansion or
change of use beyond that which currently exists.
NOTIFICATION: Public Notice of the July 6, 1992 hearing was published in
the local newspaper, mailed to adjacent property owners, and posted in
public buildings.
ANALYSIS:
The Applicant, Mr. Chiang C. Yen, representing the Little Kids
Learning Center, is requesting approval of a Conditional Use Permit to
indefinitely maintain the existing preschool/child care facility located
at 11760 Dublin Boulevard.
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PAGE °` OF ► 5
The proposed preschool/child care use has been in operation since
1977, with City approvals granted in 1984 and 1989 (PA 84-003 and PA 89-
027, respectively).
The proposed preschool/child care use accommodates a maximum of 91
children between the ages of 2-7 years (or upon completion of
kindergarten). Currently, a total of six (6) teachers, working under the
supervision of the Director of the Center, staff the facility. As many
as thirteen (13) part-time teachers may be present when the facility is
at capacity. This equates to a teacher/child ratio of 1:8, which exceeds
the state teacher/child ratio requirement of 1:12. Hours of operation
are 6:45 a.m. to 6:00 p.m., Monday through Friday.
The existing facility consists of three buildings (comprising ±4,000
square feet) and two enclosed on -site playground areas. A total of eight
(8) parking spaces are provided on -site. A circular drive exists at the
front of the site, and is used to facilitate the drop-off and pick-up of
children attending the center.
During the operation of the Little Kids Learning Center, the City
has no record of complaints or zoning violations. The Applicant has
maintained appropriate State licenses, and has annually completed the
Dublin Police Services Child Abuse/Safety Program.
The proposed preschool/child care use is in compliance with all
applicable regulations of the Zoning Ordinance and the General Plan.
This application has been reviewed by other City Departments and affected
agencies and their comments have been incorporated into the draft
resolution. The City Attorney had no comment concerning this project.
Staff recommends approval of the Applicant's request for a Conditional
Use Permit, subject to the conditions listed in the draft resolution,
Exhibit B.
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution relating to PA 92-032, or give Staff and
Applicant direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt the draft
resolution approving the Conditional Use Permit for
PA 92-032 Little Kids Learning Center.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Resolution Approving Conditional Use Permit
Background Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Applicant's Written Statement
-3-
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PAGES.]_OF 1,--1 ?ME 5of
RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 92-032 LITTLE KIDS LEARNING CENTER CONDITIONAL USE PERMIT
REQUEST TO ALLOW THE CONTINUED OPERATION OF A PRESCHOOL/CHILD CARE
FACILITY AT 11760 DUBLIN BOULEVARD
WHEREAS, Chiang C. Yen, representing the Little Kids Learning
Center, submitted an application requesting approval of a Conditional
Use Permit for the continued operation of a preschool/child care
facility, within a C-0, Administrative Office District, located at
11760 Dublin Boulevard; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on July 6, 1992; and
WHEREAS, 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 was
found to be Categorically Exempt under Section 15301, Class 1 of the
State CEQA Guidelines; 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 hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The continued operation of the preschool/child care facility will
serve a public need by providing, in part, for an existing need
for child care facilities in the City of Dublin.
B. The proposed use will be properly related to other land uses and
transportation and service facilities in the vicinity, as the
proposed use will be compatible when compared to the type and
nature of operations typically found in district areas and the
uses currently in operation in the immediate vicinity.
C. The proposed use will not materially adversely affect the health
or safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all applicable
regulations will be met.
D. The proposed use will not be contrary to the specific intent
clauses or performance standards established for the District in
which it is to be located in that conditions have been applied to
ensure conformance with the applicable zoning regulations, and
EXHIBIT 5
asF9 OF iS
the use is consistent with the character of the surrounding area
as well as the Administrative Office district.
E. The project is consistent with the policies contained in the
City's General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 92-032, Little Kids Learning 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, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. [PL]
Planning, [B] Building, (PO] Police, [PW] Public Works, (ADM]
Administration/City Attorney, [FIN] Finance, (F] Dougherty Regional
Fire Authority, (DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
1. This Conditional Use Permit approval for PA 92-032 is to allow
the continued operation of a preschool/child care facility at
11760 Dublin Boulevard. This approval shall generally conform to
the plans stamped approved, labeled Exhibit A, consisting of 5
sheets dated received by the Planning Department May 14, 1992.
[PL]
2. This approval shall supplement the prior Conditional Use Permit
approval, PA 89-027, Planning Commission Resolution No. 89-020
(see Attachment B-1). [PL]
3. The day care director shall, at the minimum of a once -a -year
basis, make arrangements to have the Dublin Police Services Child
Abuse Prevention Program, or an equivalent program approved by
Dublin Police Services, presented to the Staff and children
attending the facility. A certification of the presentation of
such a program shall be presented to the Planning Department on a
yearly basis. [PL, PO]
4. On a continuous basis, the Applicant shall provide the City of
Dublin Planning Department with current day care operating
licenses issued by the State of California Department of Social
Services. [PL]
5. The Applicant shall be responsible for cleanup and disposal of
project related trash in order to maintain a clean and litter
free site. [PL]
6. This approval shall be null and void in the event the approved
use ceases to operate for a continuous one-year period. [PL]
- 2
PAGE 10 OF 19
7. This use shall be subject to zoning investigator review and
determination as to compliance with the conditions of approval.
[PL]
8. At any time during the effectiveness of this approval, the
approval shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance. Any violation of the
terms or conditions of this permit shall be subject to citation.
[PL]
PASSED, APPROVED AND ADOPTED this 6th day of July, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 3
PAGE 11 OE J5
RESOLUTION NO. 89 - 020
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 89-027 LITTLE KIDS LEARNING CENTER CONDITIONAL USE PERMIT TO
CONTINUE OPERATION OF A PRESCHOOL/DAYCARE AT 11760 DUBLIN BOULEVARD
WHEREAS, May H. Yen, representing Little Kids Learning Center filed an
application for a Conditional Use Permit to allow continued operation of a
preschool/childcare facility at 11760 Dublin Boulevard.
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on May 15, 1989; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and has been
found to be categorically exempt; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved;
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth; and
WHEREAS, the proposed land use is conditionally approved, is appropriate
for the subject property in terms of being compatible to existing land uses in
the area and will not adversely affect public facilities, nor overburden public
services; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
a) The continued operation of a 91 child preschool and daycare
facility serves the public need by providing in part for an existing and
growing need for childcare facilities.
b) The use will be properly related to other land uses, transportation
and service facilities in the vicinity as daytime activities will be
commensurate with present use of properties in the neighborhood and
transportation and service facilities are in the immediate vicinity.
c) The use, if permitted, under all the circumstances and conditions
of this particular case will not materially adversely affect the health or
safety of persons residing or working in the vicinity, or be materially
detriomental to the public welfare or injurious to property or improvements in
the neighborhood, as all applicable regulations will be met.
d) The use will not be contrary to the specific intent clauses or
performance standards established for the district in which it is located.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 89-027 Little Kids Learning Center preschool/childcare
facility as shown on Exhibit B and C subject to the following conditions:
1) The maximum number of children present at the school at any one
time shall not exceed 91.
2) All school activities shall be restricted to the following days and
hours of operation: Monday through Friday, 6:45 a.m. to 6:00 p.m. with the
exception of occasional evening meetings.
-1-
ATTACHMENT $ -1
PAGE t or 5
3) No outside activities may take place before 8:00 a.m.
4) Signage for this childcare facility shall be limited to the exi_st_i:,
sign on the building wall and smaller (6"x2+') identification mounted to the fer.os
enclosure. The larger sign (3'x8') mounted on top of the fence is .illegal :an'_'
shall be removed (Section 8-22.10.3 and Section 8-46.7 does not allow this type
of sign in a C-0 District). Removal of the illegal sign shall occur within 30
days. Any additional signage or modification of existing signs shall conform wit
the zoning provisions and shall be subject to review and approval by the Planning
Director.
5) No modification to the site or exterior portion of the structure
shall be done prior to review and approval by the City Planning Department.
6) Should off -site parking be required for short-term temporary school
related events (i.e., parents meetings, open house, etc.) it shall not block
driveways nor interfere with the normal flow of traffic.
7) School noise shall be controlled so as to not create a nuisance to
the adjoining neighborhood.
8) The Applicant shall submit evidence to the Planning Director the
appropriate State licenses and permits to operate a preschool/daycare center
are current and valid.
9) The school operator shall, at'the minimum on an annual basis, make
arrangements to have the Dublin Police Services Child Abuse Program or an
equivalent program presented to the school's Staff and children attending the
facility.
10) Wall -mounted lighting around the perimeter of the building shall be
established and maintained to provide "wash" security lighting.
11) This permit shall be valid for three (3) years, expiring on May 25,
1992. The Approval for the Conditional Use Permit may be extended for up to
two (2) additional years by the Planning Director upon the Director's
determination that the conditions are being complied with and remain adequate
to ensure that the stated findings will continue to be met. The Applicant must
submit a written request of the extension prior to the expiration date of the
permit.
12) The driveway shall be kept clear to accommodate vehicles dropping
off and picking up children attending the facility.
13) The Applicant shall meet all requirements of the Building
Inspection Department and the Dougherty Regional Fire Authority.
14) In order to maintain adequate site distance at driveway exit,
the Applicant shall remove and trim ivy along the Dublin Boulevard frontage
and maintain landscape so that it does not exceed 2-1/2 feet in height.
Trees shall be trimmed so that the canopies are a minimum of 7 feet from grade.
Landscape maintenance shall be performed within thirty (30) calendar days of
permit approval (June 24, 1989).
15) The permit shall be revocable for cause in accordance with Section
8-40.3 of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 15th dav of Mav, 1989.
AYES: Commissioners Barnes, Burnham, Mack, 0kun and Zika
NOES: None
ABSENT: None
ATTEST:
4/11\69V-f-a-4- (4'--cyr
Planning Director ,\
:1/'7//AO lI
Planning Commission
Chairperson
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PAGE 14 Of � 5
WriLten Statement
The following statement is given to support the application for
the indefinite renewal of the conditional use permit for the
Preschool/ Child Care Center at 11760 Dublin Blvd. Dublin (Little
Kids Learning Center).
A conditional use permit was granted to Chiang C Yen by the City
of Dublin on March 5, 1984 and was renewed on May 16, 1989 to
operate a Preschool/Child Care Center at 11760 Dublin Blvd. In
order to meet the requirements from the Planning Department of
the City of Dublin, curbs and sidewalks were built in front of
the Center, additional paved parking spaces were provided, a
drainage system was installed, and additional landscaping was
added. No physical changes have been made on the property since
1989.
The Preschool/Child Care Center is currently licensed for 91
children, ages 2 to 7, by the Social Department of the State of
California. It operates from 6:45 am to 6:oo pm, Monday through
Friday. There are six full time teachers working under the super-
vision of the Director ofihe Center.
The Center consists of three buildings which are located within
94 by 303 foot lot. The building sizes from front to
1800, 400, and 1800 square feet respectively. They
with an adequate number of toilets and wash basins
by the State Licensing Department.
back are
are equipped
as specified
There are two playgrounds located within the premise of the
Center. Adequate playground equipment, such as swings, slides,
rocking horses, jungle gyms, sand boxes, basketball hoops, and
tricyles are provided in each playground.
a
Our Preschool/Child Care Center is well used by our community
since most of our children are from the Dublin, Pleasanton,
Livermore, and San Ramon aeas. We have provided our children with
a pleasant and comfortable environment during their development
ages. Our parents are pleased with the Center and are supportive
of the renewal of our conditional use permit.
The Center is not located on a hazardous waste and substances
site and is separated from adjacent office building and residen-
tial area by the 6 feet high fence surrounding the permise. It
will not materially affect the health or safety of persons resid-
ing or working in the vicinity.
Your granting of the permit will be greatly appreciated.
RECEIVED
MAY 141992
1 6o Oublie‘ 11vei(
DUBLIN PLANNING
PA q-t.-032
Chiang C Yen (owner)
ATTACHMENT 2.
PAGE I5GF \S