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HomeMy WebLinkAbout07-012 Natalie's Daycare CUP AGENDA ST A TEl\'IENT PLANNING COMMISSION MEETING DATE: October 23, 2007 SUBJECT: PUBLIC HEARING: P A 07..012 Natalie's Daycare Conditional Use Permit to operate a Larl~e Family Daycare Home (up to 14 children) at 7060 Lancaster Road (Adjudicatory Action) Report prepared by Martha Aja, Assistant Planner ATTACHMENTS: 1) Resolution Approving a Conditional Use Permit to operate a Large Family Daycare Hom<~ at 7060 Lancaster Road. 2) Vicinity Map. 3) Applicant's Written Statement. 4) Floor Plan. 5) Public Works Memorandum. RECOMMENDATION: ~ 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit to operate a Large Family Daycare Home at 7060 Lancaster Road. PROJECT DESCRIPTION: The City of Dublin Zoning Ordinance regulates Small and Large Family Daycare Homes in residential zoning districts. A Small Family Daycare Home is defined as a home that provides care for up to 8 children and is permitted by-right in all residential zoning districts. A Large Family Daycare Home is defined as a home that provides care for up to 14 children and is permitted in residential zoning districts upon approval of a Conditional Use Permit (CUP). Currently, the Applicant is permitted to operate a Small Family Day<:are Home (maximum of 8 children). However, it was brought to the City's attention that the facility was Jperating illegally as a Large Family Daycare Home. Through the Code Enforcement Division, the Applicant was notified that the operation was restricted to a Small Family Daycare Home and a CUP would bt necessary to operate a Large Family Daycare Home. The Applicant is currently requesting approval of a Conditional U5e Permit to operate a Large Family Daycare Home (up to 14 children) in a single-family home located at 7060 Lancaster Road. The Daycare will operate Monday through Friday with drop-off and pick-up between 7:00 a.m. and 6:30 p.m. The Large Family Daycare Home will have two full-time employees comisting of the Applicant, who lives on site, and an employee who lives off-site. The property is zoned Single-Family Residential and the COPIES TO: Applicant File ITEM NO.:B.L Page 1 of 4 G:\PA#\2007\07-012 CUP Lg Daycare Lancaster Rd\PC Staff Report I0.23.07.doc General Plan designation is Single-Family Residential. Large Family Daycare homes are permitted in this zoning district with a Conditional Use Permit. ANALYSIS: Noise Staff visited the site and determined that noise impacts to surrounding residences would be minimal. Conditions of Approval are included in the Resolution that limits the hours of operation from 7:00 a.m. to 6:30 p.m., Monday through Friday (Condition 3 of Attachment 1). 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 Jefore 9:00 a.m. or after 6:00 p.m. (Condition 4 of Attachment 1). Pick-up and Drop-off of Children The City's Traffic Engineer determined that the traffic impacts of the proposed Large Family Daycare Home would be consistent with a residential use and that no Traffic Impact Fee is required. Furthermore, the pick-up and drop-off times will be primarily in the mornings frcm 7:00 a.m. to 9:00 a.m. and in the late afternoons/early evenings from 3:00 p.m. to 6:00 p.m. Parents typically drop-off and pick-up their children at staggered times throughout the morning and late afternoon which reduces the concentration of vehicles to and from the house at any particular time. The Daycart also accepts part-time children and provides transportation for some children, which further reduces vehicle trips during peak times. Part- time children are included in the maximum 14 children. Parking The City of Dublin Zoning Ordinance contains parking requirements by use type (Section 8.76.080.B). A Large Family Daycare Home is required to provide 2 parking spaces for the dwelling, 1 space for each employee not residing in the home, plus one space for every 4 children receiving care at the facility. Therefore, Natalie's Daycare is required to provide a total of 7 parking spaces (2 parking spaces for the dwelling, 1 for the non-resident employee, and 4 loading spaces). This project site has 4 off-street parking spaces: 2 spaces in the garage and 2 spaces in the driveway, resulting in a shortage of 3 off-street parking spaces. However Section 8.76.050(E) of the Parking Ordinance allows for a parking reduction if it can be shown that: 1. The Conditional Use Permit findings can be made; 2. The Applicant submits a parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the demands of similar use!: in similar situations, demonstrating that the required parking standards are excessive, and proposing alternative parking standards which are appropriate and ensure that there will not be parkin!; deficiency; and 3. Overflow parking will not impact any adjacent use. The Applicant will use the 2 parking spaces in the garage. Parents will use the 2 parking spaces in the driveway and 2 on-street parking spaces in front of the house to drop-off and pick-up their children (Attachment 3). While the 2 on-street spaces are not considered as a part of the available required off- street parking, this 40 foot long area is directly in front of the subject property. In addition, the one employee that does not reside within the home lives in the neighborhood. This employee walks to the Daycare and does not drive a car, and therefore does not require a parking space. While it is reasonable to assume the area adjacent to the property could be used to drop-off Rld pick-up the children, and that the second employee does not need a parking space, a parking study was conducted to determine if it is appropriate to allow a reduction of the required parking (Attachment :>). 20f4 The parking study was conducted between 7:00 a.m. and 8:30 a.m. and between 5:30 p.m. and 6:30 p.m. The study showed that guardians take an average of 1 to 5 minutes to drop a child off in the morning and between 2 and 6 minutes to pick them up in the evening. The drop (Iff and pick up times were staggered and there were not more than 2 cars there at any given time. The City's Traffic Engineer reviewed the data from the parking study and determined that with the cars being located at the residence for such a short period of time, the staggered pick up and drop off times, and the multiple loading spaces available off-street and on-street, there is sufficient parking available for the Large Family Daycare use and the reduction of 3 loading spaces is appropriate (Attachment 5). Condition #10 has been included which limits the number of vehicles the Applicant can have on-site and requires the driveway to remain clear for loading during the hours the Daycare is in operation. If the Applicanl employs anyone not residing in the home with an automobile, an additional parking space will be required (Condition #11 of Attachment 1). Licensing A Condition has been included in the Resolution (Condition #6 of Attachment 1) that 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 purpOStS, prior to establishment of the use. The Conditions of Approval (Condition #7 of Attachment 1) 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 lhe 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 Glidelines Section 15274, because the project is a Large Family Daycare Home. CONCLUSION: Staff believes that the proposed Large Family Daycare Home Vlould have limited impacts to the surrounding neighborhood regarding noise, traffic, and parking. He facility will be properly licensed, and no complaints have been received about the existing Small Daycare Home. Daycares provide a needed service within the Community. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff pn:sentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Cl05e the public hearing and deliberate; and 5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit to operate a Large Family Daycare Home at 7060 Lancaster Road. 30f4 GENERAL INFORMATION: APPLICANT/ PROPERTY OWNER: John and Natalie Glynn 7060 Lancaster Road Dublin, CA 94568 LOCATION: 7060 Lancaster Road Dublin, CA 94568 ASSESSORS PARCEL NUMBER: 941-0201-023 GENERAL PLAN DESIGNATION: Single Family Residential EXISTING ZONING Single Family Residential R-l (5000) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North R-I (5000) Single Family Residential Single Family Residential South R-l (5000) Single Family Residential Single Family Residential East R-I (5000) Single Family Residential Valley High School and Stager Community Gym West R-l (5000) Single Family Residential Single Family Residential 40f4 RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME AT 7060 LANCASTER ROAD (APN 941-0201-023) PA 07-012 WHEREAS, Natalie Glynn, submitted an application reque:;ting approval of a Conditional Use Permit to operate a Large Family Daycare Home, for a maximum of 14 children, within an existing single- family residence in a R-1 Zoning District, located at 7060 Lancaster Road; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and the project is Statutorily EXtmpt per Section 15274, because it is a Large Family Daycare Home; and WHEREAS, the Planning Commission held a public hearins on said application on August 28, 2007; 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 considt:r 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, il/cluding a parking reduction for 3 loading spaces, as conditioned, is compatible with other land uses, tr'lnsportation and service facilities in the vicinity because: 1) the Daycare Home complies with State laws that require the primary use of the site to be a single family residential use with the Daycare as an accessory use; 2) the noise and traffic impacts will be minimized by restrictions on the hours of operation and the l,)w number of vehicle trips that may be generated by the project; and 3) the City Traffic Engineer's review revealed that the residential street, including street width and street capacity are adequate to handle the n,~cessary parking and circulation, and therefore, the required parking standards for a Large Family Daycare providing care for 14 children are excessive and the reduction in the required number of off-site loading spaces for a Large Family Daycare Home of 3 spaces is appropriate and will not result in a parking deficit:ncy. B. The Large Family Daycare Home use, including a parking Jeduction for 3 loading spaces, as conditioned, will not adversely affect the health or safety of persons r~siding or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the proposed Large Family Daycare Home will comply with all City of Dublin and State regulations; 2) be Large Family Daycare Home will be located at an existing facility that serves as a Small Family Daycare Home; 3) the use is compatible with the neighborhood; 4) the Daycare will be a licensed daycare facility; and 5) the City Traffic Engineer's review revealed that the residential street, including street width and street capacity are adequate to handle the necessary parking and circulation, and therefore, the required parking standards are ATTACHMENT 1 excessive and the reduction in the required number of off-site loadin,5 spaces for a 14-child Large Family Daycare Home of 3 spaces is appropriate and will not result in a parki1.g deficiency. C. The Large Family Daycare Home use, including a parking reduction for 3 loading spaces, as conditioned, will not be injurious to property or improvements ill the neighborhood because: 1) as conditioned, noise and traffic impacts will be minimized by the Conditions of Approval which establish limits on the number of children enrolled and the hours of operation and further limits the hours in which outdoor activities can occur; 2) 2 required parking spaces and 2 loading spaces will be provided on site; and 3) the parking reduction for 3 loading spaces is warranted based on the availability of loading spaces on Lancaster Road and therefore the required parking standards an: excessive and the reduction in the required number of off-site loading spaces for a 14-child Large Fcmily Daycare Home of 3 spaces is appropriate. D. There are adequate provisions for public access, water, sanitatio,l, and public utilities and services to ensure that the proposed use and related structures would not be delrimental to the public health, safety, and welfare because the proposed Large Family Daycare Home, including a parking reduction for 3 loading spaces, is located at an existing residential dwelling within a single-family residential neighborhood where such services are already provided and with adtquate street access and therefore the required parking standards are excessive and the reduction in the required number of off-site loading spaces for a 14-child Large Family Daycare Home of 3 spaces is appropriate and will not result in a parking deficiency. E. The subject site is physically suitable for the type, density and intensity of the use being proposed because: 1) the Large Family Daycare Home will be located on an existing site; 2) 2 parking spaces and 2 loading spaces will be provided on-site; 3) 3 parking spaces and 4 loading spaces are required, but the reduction for 3 loading spaces is appropriate based on the existing street width and capacity and the availability of parking spaces along Lancaster Road; 4) the site is bordered by single-family residential homes on 3 sides and Valley High School on the fourth side; and 5) the Daycare complies with State laws that require the primary use of the site to be a single family residential use with the daycare as an accessory use. F. The Large Family Daycare Home and parking reduction is not contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: 1) Section 8.12.050 of the Dublin Zoning Ordinance permits a Large Family Daycare in all residential zoning districts with a Conditional Use Permit appro'led by the Planning Commission or City Council, on appeal; 2) Section 8.76.080.B of the Dublin Zoning Ordinance requires a total of 2 parking spaces and 4 loading spaces for the subject property to suppart the Large Family Daycare, based on the requirement that the dwelling unit have 2 parking spaces plm; 1 loading stall per every 4 children served by the facility (4 loading spaces); the Dublin Zoning Ordinance permits a reduction in the required number of parking spaces when the required finding can be met; 3) the requested parking reduction for 3 loading spaces, has been determined to be warranted based on the capacity and width of Lancaster Road and the availability of loading spaces on Lancaster Road; and 4) as conditioned, the driveway will be required to be kept clean and free of the property owners cars in order to provide adequate loading spaces for parents and guardians of the children in the Daycare. G. The Large Family Daycare is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the zoning district in which it is located; and 2) as conditioned, the Large Family Daycare Home will operate in such a manner as to limit impacts on the surrounding properties. BE IT RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve a parking and loading reduction of 3 off-street loading spaces because the staggered drop-off and pick-up times typical of the Family Daycare Home will reduce parking and loading demand; and the number of on-street parking spaces in the project vicinity is sufficient. The Zoning Ordinance parking 2 requirements are, therefore, exceSSIve m 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 07-012, a Conditional Use Permit to operate a Large Family Daycare Home at 7060 Lancaster Road, as generally depicted by the Site Plan, Floor Plan and written statement dated received June 20, 2007, 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. Th(: following codes represent those departments/agencies responsible for monitoring compliance of lhe Conditions of Approval: [PL.] Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department. NO CONDITION TEXT RESI'ON. WHEN SOURCE AGENCY/ REQUIRED DEPART. PLANNING CONDITIONS 1. This Conditional Use Permit approval for pl~ Ongoing Standard PA 07-012 is to allow the operation ofa Large Family Daycare Home at 7060 Lancaster Road in a R-1 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 June 20,2007.) 2. The maximum number of children present P::" 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 6:30 p.m. 4. Childrens' sounds shall be controlled so as PL Ongoing Standard not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 9:00 a.m. and after 6:00 p.m. 5. The operator of the Large Family Daycare P:J Ongoing Standard Home shall require that children remain either inside the home or in the backyard for pickup bv their parent or guardian. 6. Prior to the establishment of this use, the P' Ongoing Standard operator shall submit a copy ofthe approved State Department of Social Services License Permit for the operation of a Large Family Davcare Home. 3 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 7. On a continuous basis, the Applicant shall PL Ongoing Standard provide the City of Dublin Planning Department with a current daycare operating license issued by the State of California Department of Social Services. 8. This use shall comply with all applicable PL Ongoing Standard Planning, Building, 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 ooerate for a continuous one-vear oeriod. 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 daycare hours of operation so that parking spaces in the driveway and on-street in front ofthe home are available for parent parking. II. If the Daycare employs additional PL Ongoing Section employees not residing in the home; 8.76.080B additional parking will be required pursuant to the Dublin Municipal Code. 12. 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. 13. No signage advertising the daycare home is PL Ongoing Standard permitted. 14. 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. 15. At any time during the effectiveness ofthis PL Ongoing Standard 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. 4 NO CONDITION TEXT RESI)ON. WHEN SOURCE AGENCY/ REQUIRED DEPART. FIRE CONDITIONS 16. The Daycare may have up to 14 persons as ... Ongoing Standard defined bv the licensing agency. 17. The Daycare is limited to the first floor and ... Ongoing Standard shall not use the garage. 18. The family room sliding door shall have a ... Ongoing Standard landing that is the width of the door opening. CBC 1003.3.1.7. 19. The napping area shall have an access and ... Ongoing Standard means of egress window as required by CBC 310.4. 20. Residential smoke detectors shall be .~ Ongoing Standard required in all areas used by the daycare. 21. Provide a 2AI0BC fire extinguisher in the .~ Ongoing Standard daycare area. 22. Provide a manual pull station in an .~ Ongoing Standard approved location tied to a fire alarm signal that is 15 decibels above ambient noise levels. 23. Exit doors must be openable from the inside ... Ongoing Standard .. without any special knowledge, effort, or the use of a key. Deadbolts shall open when the lever hardware is used and no additional chains or latches are allowed. The exits must continue all the way to public way, so if a gate is in the exit path, it must be openable from the inside without special knowledge or effort. 24. An address shall be provided on the house F Ongoing Standard that is clearly visible from the street. POLICE CONDITIONS 25. The Applicant must be licensed and comply PO Ongoing Standard with all State of California Community Care Licensinl! (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 provide verification of such. 27. 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 Reoort." 5 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. BUILDING CONDITIONS 28. All project construction shall conform to all B Through Standard building codes and ordinances in effect at the Completion time of building permit. 29. Electrical permit required for the B Ongoing Standard installation of the pull station. PASSED, APPROVED AND ADOPTED this 23rd day of October, ~:007. AYES: NOES: ABSENT: Planning Commi:;sion Chairperson ATTEST: Planning Manager G:\PA#\2007\07-018 New Start Daycare\PC Reso 8.2807.doc 6 7060 Lancaster :Road Vicinity Map ATTACHMENT 2 May 17,2002 City of Dublin Planning Department Dublin Ca, 94568 To whom it may concern: Per your request, the additional information is provided in reg;n'ds to my applicants for a permit to operate a large day care at 1060 Lancaster rd Dublin. Additional information on parking and a map where the children will play indoors and nap. Thank you for allowing my services to provide additional care f or the childrcm in our community. Planning department information requested: A. The age range of the children to be cared for. The age range of the children to be cared for are new born to ] 2 years old. B. A typical schedule of activities and times outside. Typically the children in my care have.the opportunity to play outside between the hours of 9:00am to 1 0:30am and again between 3:30pm to 5:00pm. The activities available include playing ball, riding bikes, a play slide, play house and art activities including drawing and painting. C. Specify how many employees/staff members will be residing in the home. Other than me, no other empIoyees will be residing in the hom.e. D. Discuss the steps that will be taken to- n.inimizetJre effects on traftic ~ drop-off and pick-up times. Since April 2003 I have been running this daycare in the same locatioo with a varying number of children. My daycare hours of operation are from ? a.m. to 6:30 p.m. and the, parents of my childTen have staggered arrival times. This staggering of the arrival and pickup has minimized the impact on parking and traffic issues. My day care has never caused an issue with traffic or parking in the 4 years that I have been in business. To my lmowledge there are no complaints :filed with the city or with the policy department in regards to parking or traffic. Along with that none of the neighbors have complained to me personally about parking or traffic issues. RECEIVED JUN 2 0 2007 ATTACHMENT 3 DUBLIN PLANNING 2. The city of Dublin zoning ordinance contains off- street parking and loading requirements. This requirement will be met by my business taking the following steps. A. The 2 vehicles that I own will be parked in the 2 car garage thus providing 2 spaces in the driveway. B. There are 2 spaces available in front of my property on Lancaster rd. c. The owner of the residence to our immediate right only ovms one vehicle and only parks it in the garage. D. The owner of the residence to our immediate left owns three vehicles. Two are always parked in the garage and the third is parked in the clriveway. E. The owner of the residence directly across Lancaster rd. owns two vehicles that are always parked in the driveway. I am requesting an exception due to the above information: Please see map for information on where the children will be napping and where indoor play accurse. Thank you for taking the time to consi~er my request for a large daycare permits so that I can provide my services to the community. Owner Natalie's' Day Care - ::~o. \-Gl\ \ e. Cj\ - -_..~\). A if -.- ~~ -~ ! llX(O LD,r\alS1e1 KC1 J.)ODJ \ , ) - : ; . ..-----= ; ~+-~-~, Ii.! . . . . . ~ : ~ , : I : -, r-.: i : i , . : I ~. i .1 1 1 I I ~ ., I 1-. i ~ I ! ! 'n~ ; , , .j if 1'1 I I I i I . ! , I I I i I I I I I ! 'I i ; 0"", ~ : ..' f l I 1~~i11 'A' " I -~ --;... or : I ~ : : IIIQcYl ' 7.l". .!l ,....., 0;>- ~ . 'V , .., i r, : I I~A , ~-, ,. . 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''-1 I I I I I I 1 I I , ! I I I I 1 I ! I , , I , I i ! I; i I ..,-tI , ,n, ;-\{"-'~\ f:' V'""'i , I , I I I ' I I~ I 11"l;I'Y'1P\\ . ! -~ .,......:-~~ : ~ : I' I I , I : : ! 0-L-' . ,. : I ! I I I I \ I I I I ~ I I I I I.! I I I I I I I , \ I I \ I , I ! ., .1 i I ; I 1 , I I ! I 00' ' i : I I' I ; I 1 l .r",,,..,- " i I , I 1; I: I I I I I , i I I ! I i ! i i i I , I i I 1\ I \ i ! ! I .. : \! : ! ! I . I ; I I I I ; I I ,.;flIrt in .!( , :'4 I , ! \ \ i I I.. I 1 I \ I ! . I 1 f I I I I 1 I I I , , I I ! i ! 1 : , .1 I I I \ I Attachment 4 Community Development Department MEMORANIlUM DATE: July 24,2007 TO: Bryan A. Moore, Assistant Planner FROM: Mark Lander, City Engineer ;/1.,;:;/ /' SUBJECT: Parking Reduction for Natalie's Daycare I have reviewed the parking survey that was recently conducted for Natalie's Daycare. The review was conducted as part of an overall assessment of parking for Small and Large Family Daycares. The intent is to determine the amount of time it takes for a guardian to drop off ~lJldlor pick up a child for the Family Daycare residence. With the daycare being open between the hours of7:00 AM and 6:30 PM, a survey was done in the morning between 7:00 AM and 8:30 AM, and then also in the evening between the hours of5:00 PM and 6:30 PM. Natalie's Daycare located at 7060 Lancaster Road is proposing to ha\ e 14 children. Given the parking requirements, the applicant would need to provide 7 parking spaces. The site currently has 2 spaces in the garage and 2 in the driveway, which create the need for a parking reduction of 3 spaces. However the 1 employee that does not live in the home, which requires 1 parking space, lives in the neighborhood and walks over to the daycare. Also, there are 2 loading spaces in front of the property along the street that would be available for pick-up and drop-off. After reviewing the information, it was shown that guardians take on average between 1 and 5 minutes to drop the child off in the morning and between 2 and 6 minutes to pick them up in the evening. The drop off and pick up times were staggered and there were not more than 2 cars there at any given time. With the cars being located at the residence for such a short period oftime, the staggered pick up and drop off times, and the multiple loading spaces available off-street and on-street, it has been determined that sufficient parking will be available for the large family daycare use. Therefore, it is recommended that Natalie's Daycare receive a parking reduction on spaces in conjunction with the Conditional Use Permit PA 07-012. If you have any questions, please let me know. G:\P A#\2007\07 -012 CUP Lg Daycare Lancaster Rd\Memo for parking study.doc Attachment 5 Maureen Zekman 7072 Lancaster Road Dublin, CA 94568 October 21, 2007 Mary Jo Wilson, AICP Planning Manager City of Dublin 100 Civic Drive Dublin, CA 94568 Dear City of Dublin Planning Commission: I am a long-time resident of Dublin, and I am writing to express my opposition regarding the application for a Conditional Use Permit to operate a Large Family Daycare (up to 14 children) in the single-family home located next door to me at 7060 Lancaster Road (Project PA 07-012). Natalie's Daycare has been in operation for several years with numerous problems which I will cite in this letter. I also plan to attend the Dublin Planning Commission Board Meeting in person on Tuesday, October 23, 2007 to speak to these issues. Physical Design of Property and Noise: Our homes are located only 9'8" from each other. Our patios adjoin and are separated by a 6 foot redwood fence. Our rear home exteriors are L-shaped in mirror image of each other. Our patios sit within this "U" formation. This means our patios are enclosed by three solid exterior home walls. Along the rear of our properties is a 6-7 foot high block sound wall which was erected by the school. All this creates an environment for structural -acoustic optimization, an intensification of sound in our patio areas. The only outside play area available for the children consists of a small confined space on her patio measuring approximately 9 x 20 feet (my estimate). The swimming pool prevents expansion of the play area to any other location in their yard. When happy screaming children play on the patio, the sound radiates directly to my patio and penetrates my family room glass door and mister bedroom/bath windows. The noise is so loud and unpleasant, I am unable to open my windows or enjoy my yard when the daycare children are outside. When the children swim in the pool, the noise level rises tremendously and becomes intolerable inside my home even with my windows closed. 1. Parking I've experienced daycare parents blocking my driveway while dropping off and picking up children. In the past, I had to knock at Natalie's door to ask a parent to move their car so I can exit my driveway. City of Dublin Planning Commission October 21, 2007 Page 2 On numerous occasions, I've witnessed daycare parents backing into my driveway and over my lawn in order to exit the street in the same direction they arrived. I've suffered broken sprinklers and deep tire impressions in my front lawn when the ground is soaked. Because Natalie's garage is totally inaccessible to their automobiles, Natalie and her husband parr: their cars in the driveway 100% of the time. This leaves only 2.5 parking spaces in front of their home for parents dropping off and picking up children. On garbage day; four large containers placed at the gutter further reduces parking availability. 2. Garbage: Natalie has service for only one large garbage container which is typically overflowing with trash on garbage pick-up day. I noted that the excess garbage appears to be stored in large plastic garbage bags in their side yard adjacent to my home. I'm now concerned about public health and safety issues. 3. Fire and General Safetv: In addition to the large plastic garbage bags stored in the side yard, I noted a significant amount of various debris piled up against their house, Not far from this area is gasoline can. The accumulation of trash and debris blocks egress from the small play area to the front of the house. I believe this to be a violation of the fire safety code. 4. Cigarette Butts: Natalie's employee smokes cigarettes and throws her cigarette butts over the fence into my yard. 5. Number of Children: Natalie has three young children of her own in addition to the 14 daycare children. This brings the number of children to 17. If Natalie's children have friends over to play, this number grows. 6. Weekend Operation: Natalie occasionally operates her business on weekends. Icy neighbor Delores Stewart brought her two children to Natalie's during the weekend on more than one occasion. One weekend this past summer, I was greatly annoyed by several young unattended children standing on top of the play house located in play area observing my every move as I worked in my garden. 7. Property Value: My home is zoned residential and I do notwant to live next to a business that generates traffic, parking problems, noise and clients who are discourteous to me and my property. If City of Dublin Planning Commission October 21, 2007 Page 3 there is a large scale daycare operating next door, my property becomes less desirable on the real estate market. I am required by law to disclose Natalie's daycare business and all the problems associated. This obviously affects the value of my property. I would never purchase a home under such conditions. In closing, I ask the Dublin Planning Commission to reject Natalie's Daycare Conditional Use Permit application. I've lived in my home peacefully since May of 1975 and I plan to retire there as early as next year. I've spent a lot of time, money and care in upgrading and remodeling my home with a goal to retire comfortably. If Natalie's business is allowed to continue in the same manner, or to grow, it will continue to impact my quality of life and more so once I retire. Before you make your decision, I request that you ask yourself, "Would I like to live next door to Natalie's Daycare?" Thank you for your consideration. Sincerely, Maureen Zekman ai MKI