HomeMy WebLinkAbout07-018 New Start Daycare CUP
AGENDA STATEM:ENT
PLANNING COMMISSION MEETING DATE: October 23, 2007
SUBJECT:
PUBLIC HEARING: P A 07-018 New Start Daycare Conditional
Use Permit to operate a Larl~e Family Daycare Home (up to 14
children) at 5481 Asterwood Drive (Adjudicatory Action)
Report prepared by Martha Aja, Assistant Planner
ATTACHMENTS:
1) Resolution Approving a Corditional Use Permit to operate a
Large Family Daycare Home at 5481 Asterwood Drive.
2) Applicant's Written Statement.
3) Vicinity Map.
4) Floor Plan.
5) Public Works Memorandum.
6) Letters of Support.
7) Planning Commission Staff~eport dated June 14,2005.
8) Planning Commission Minules dated June 14,2005.
9) Planning Commission Staff~eport dated June 28,2005.
1 0) Planning Commission MinUles dated June 28, 2005.
wr
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 I) approving a Conditional Use
Permit to operate a Large Family Daycare Home at 5481
Asterwood Drive.
RECOMMENDATION:
PROJECT DESCRIPTION:
The City of Dublin Zoning Ordinance regulates Small and Large Flmily Daycare Homes in residential
zoning districts. A Small Family Daycare Home is defined as a tome 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 pelmitted in residential zoning districts
upon approval of a Conditional Use Permit (CUP).
History
On December 14,2004, the Planning Commission adopted a Resolution (Resolution 04-71) approving a
CUP to allow New Start Daycare to operate a Large Family Daycare Home at 5491 Asterwood Drive (P A
04-049). The Applicant subsequently moved to the property located next door at 5481 Asterwood Drive
and no longer lived or operated a daycare at the previous residence (5491 Asterwood Drive). Since
COPIES TO: Applicant
File
ITEM NO.:~
Page 1 of5
G:\PA#\2007\07-018 New Start Daycare CUP\PC Staff Report 1O.23.07.doc
conditional Use Permits run with the land, the applicant was required to apply for a new CUP to run a
daycare at the new residence (5481 Asterwood Drive). The Appli~ant applied for a CUP to operate a
Large Family Daycare Home at the new location (5481 Asterwood Drive). However, since a CUP runs
with the land, the CUP at 5491 Asterwood Drive had not expired. ClJP's do not expire until the use ceases
to operate for a period of 1 year. The Planning Commission denied the request for a CUP at 5481
Asterwood Drive (Resolution 05-037) on June 14,2005 based on an over concentration (Attachment 8) of
Large Family Daycare Homes. Please see Attachments 7-10 for further detail.
At this time, the Applicant is permitted to operate a Small Farrily Daycare Home (maximum of 8
children). However, it was brought to the City's attention that the facility was operating 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 that a CUP would be necessary to
operate a Large Family Daycare Home.
The Applicant is currently requesting approval of a Conditional U:;e Permit to operate a Large Family
Daycare Home (up to 14 children) in a single-family home localed at 5481 Asterwood Drive. The
daycare will operate Monday through Friday with drop-off and pick-up between 7:00 a.m. to 6:00 p.m.
The Large Family Daycare Home will have three full-time emplo~'ees consisting of the Applicant, his
wife, and his adult daughter, whom live on site. 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 with a Conditional Use Permit.
ANALYSIS:
It has been over 1 year since a Large Family Daycare Home has operated at 5491 Asterwood Drive, the
property located next to the proposed site (5481 Asterwood Driv(:) which is the subject of this CUP
request. As stated above, CUP's run with the land and expire if the use ceases operation for a period of 1
year. The CUP that was approved for 5491 Asterwood Drive (PA 0:;-011) has ceased operation for more
than a year and has since expired. The proposal for a Large Family Daycare Home at 5481 Asterwood
Drive cannot operate at that location without first obtaining a new CUP. The applicant is proposing a new
CUP to operate a Large Family Daycare Home.
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 limit the hours of operation from 7:00 a.m. to
6:00 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 nJisance to the adjoining residential
neighborhood. Outside activities are restricted [rom taking place before 9:00 a.m. or after 6:00 p.m.
(Condition #4 of Attachment l).
Pick-up and Drop-off of Children
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 daycare 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.
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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, New Start Daycare is required to provide a total of 6 parking spaces (2 parking spaces for the
dwelling and 4 loading spaces). This project site has 5 off-street parking spaces: 2 spaces in the garage
and 3 spaces in the driveway, resulting in a shortage of 1 off-slreet parking space (Attachment 2).
However, Section 8.76.050(E) of the Parking Ordinance allows for a parking reduction ifit can be shown
that:
l. 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 uses in similar situations, demonstrating
that the required parking standards are excessive for this situction, and proposing alternate parking
standards which are appropriate and ensure that there will not be a parking deficiency; and
3. Overflow parking will not impact any adjacent use.
The Applicant will use the 2 parking spaces in the garage. There are 3 parking spaces in the driveway and
2 on-street parking spaces available in front of the house for guardians to use when they drop-off and
pickup their children (Attachment 2). There is approximately 60 feet of separation between the driveway
for the subject property and the property to the south. While the on-street spaces are not considered as
part of the available required parking, the 60 foot long area is directly in front of the subject property.
While it is reasonable to assume the area adjacent to the property could be used to drop-off and pick-up
children, a parking study was conducted to determine if it is app:opriate to allow a reduction of the
required parking.
This parking study was conducted between 7:00 a.m. and 8:30 a.m. :md between 5:30 p.m. and 6:30 p.m.
The parking study determined 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-off 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 Home
use and the reduction of 1 loading space is appropriate (Attachnent 5). However, if the Applicant
employs additional employees not residing in the home, an additi,)nal 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 SJCial 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 of Attachment l) flrther 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 So.;ial 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
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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 Family Daycare Home. Daycares provide
a needed service within the Community.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) C1cse the public hearing and deliberate;
and 5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit to operate a Large Family
Daycare Home at 5481 Asterwood Drive.
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GENERAL INFORMATION:
APPLICANT:
Leonard Dixon
New Start Daycare
548l Asterwood Drive
Dublin, CA 94568
PROPERTY OWNER:
Thuy Le
8209 Brittany Drive
Dublin, CA 94568
LOCATION:
5481 Asterwood Drive
Dublin, CA 94568
ASSESSORS PARCEL
NUMBER:
986-0011-109
GENERAL PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING
Planned Development (P A 97-036)
SURROUNDING USES:
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY
Planned Low Density Residential Single Family Residential
North Development (PD)
South PD Low Density Residential Single Family Residential
East PD Low Density Residential Single Family Residential
West PD Low Density Residential Single Family Residential
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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 5481 ASTERWOOD DRIVE (APN 986-0001-106)
PA 07-018
WHEREAS, Leonard Dixon, submitted an application requesting approval of a Conditional Use
Permit to operate a Large Family Daycare Home, for a maximum of l4 children, as a secondary use within
an existing single-family residence in a Planned Development Zoning District, located at 548l 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 Daycare Home; and
WHEREAS, the Planning Commission held a public hearing 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 consid,~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 induding a parking reduction for one
loading space, as conditioned, is compatible with other land uses, tnnsportation 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 ac:.:essory use; 2) the noise and traffic
impacts will be minimized by restrictions on the hours of operation and the low 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 necessary 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 1 space is appropriate and will not re~:u1t in a parking deficiency.
B. The Large Family Daycare Home use, including a parking reduction for 1 loading space, as
conditioned, will not adversely affect the health or safety of persons J esiding or working in the vicinity, or
be detrimental to the public health, safety and welfare because: l) the proposed Large Family Daycare
Home will comply with all City of Dublin and State regulations; 2) the Large Family Daycare Home will
be located at an existing facility that serves as a Small Family Dayeare Home; 3) the use is compatible
with the neighborhood; 4) the Daycare will be a licensed dayca~e facility; and 5) the City Traffic
Engineer's review revealed that the residential street, including 5treet width and street capacity are
adequate to handle the necessary parking and circulation, and therefore the required parking standards are
A TT ACHMENT 1
excessive and the reduction in the required number of off-site loading spaces for a l4-child Large Family
Daycare Home of 1 space is appropriate and will not result in a parking deficiency.
C. The Large Family Daycare Home use, including a parking reduction for I loading space, as
conditioned, will not be injurious to property or improvements in 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 number of
children outside at anyone time; 2) 2 required parking spaces and :I loading spaces will be provided on
site; and 3) the parking reduction for 1 loading space is warranted based on the availability of loading
spaces on Asterwood Drive 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 1 space is
appropriate.
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 because: the proposed Large Family Daycare Home, including a parking reduction for 1
loading space, is located at an existing residential dwelling within a single-family residential
neighborhood where such services are already provided and with adequate 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 1 space is apprcpriate 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: l) the Large Family Daycare Home will be located on an existing site; 2) 2 parking spaces and 3
loading spaces will be provided on-site; 3) 2 parking spaces and 4 loading spaces are required but the
reduction for 1 loading space is appropriate based on the existing street width and capacity and the
availability of parking spaces along Asterwood Drive; 4) the site is bordered by single-family residential
homes on 4 sides; 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 USt .
F. The Large Family Daycare Home and parking reduction is not c:Jntrary to the specific intent clauses,
development regulations, or performance standards established fer 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 approved by the Planning Commission or
City Council, on appeal; 2) the PlaImed Development Zoning District (PA 97-036) in which the subject
property is located states that the property is subject to the requirements of the R-1 Single Family
Residential Zoning District; 3) Section 8.76.080.B of the Dublin Zc,ning Ordinance requires a total of 2
parking spaces and 4 loading spaces for the subject property to support the Large Family Daycare, based
on the requirement that the dwelling unit have 2 parking spaces plu:; I loading stall per every 4 children
served by the facility (4 loading spaces); the Dublin Zoning Ordinant:e permits a reduction in the required
number of parking spaces when the required finding can be met; 4) .:he requested parking reduction for 1
loading space, has been determined to be warranted based on the capacity and width of Asterwood Drive
and the availability of loading spaces on Asterwood Drive; and 5) ,IS conditioned, the driveway will be
required to be kept clean and free of the property owners cars in ord{:r to provide adequate loading spaces
for parents and guardians of the children in the Daycare;
G. The Large Family Daycare Home 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 1 off-street loading space 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 sufficierUo meet such demand. The Zoning
2
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 07-018, a Conditional Use Permit to opente a Large Family Daycare Home at
5481 Asterwood Drive, as generally depicted by the Site Plan, Floor Plan and Written Statement dated
received May 23,2007, 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 issuanc~ of
building permits or establishment of use (having more than 8 childrel 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.
PLANNING CONDITIONS
1. This Conditional Use Permit approval for PL Ongoing Standard
P A 07-018 is to allow the operation of a
Large Family Daycare 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 PI arming Department on
May 23,2007.)
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 p:.., Ongoing Standard
operate Monday through Friday between
the hours of7:00 a.m. and 6:00 p.m.
4. Children sounds shall be controlled so as P::'" 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 PL Ongoing Standard
Home shall require that children remain
either inside the home 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
3
NO CONDITION TEXT RES][>ON. WHEN SOURCE
AGE'JCY/ REQUIRED
DEPART.
Services License Permit for the operation of
a Large Family Daycare Home.
7. On a continuous basis, the Applicant shall PL Ongoing Standard
provide the City of Dublin Planning
Department with a current Daycare
operating license issued by the State of
California Department of Social Services.
8. This use shall comply with all applicable PL Ongoing Standard
Planning, Building, Alameda County Fire
Department, Police Department, Dublin
San Ramon Services District and State of
California Department of Social Services
regulations and ordinances.
9. This approval shall be null and void in the PL Ongoing Standard
event the approved use fails to be
established within one year, or ceases to
operate for a continuous one-year period.
10. The occupants of the home shall have no PL Ongoing Standard
more than two vehicles parked at the
project site as long as a 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 of the home are available for
parent parking.
II. If the Large Family Daycare Home employs PL Ongoing Section
additional employees not residing in the 8.76.080B
home; 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 of this P~ 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 RES][>>ON. WHEN SOURCE
AGE'JCY/ REQUIRED
DEPART.
FIRE CONDITIONS
16. The Daycare may have up to 14 persons as F Ongoing Standard
defined by the licensing agency.
17. The Daycare 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
floor.
l8. The family room sliding door shall have a F 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 F Ongoing Standard
means of egress window as required by
CBC 310.4.
20. Residential smoke detectors shall be F Ongoing Standard
required in all areas used by the daycare.
21. Provide a 2A 1 OBC fire extinguisher in the F Ongoing Standard
daycare area.
22. 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.
23. 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 fi.om 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 FO Ongoing Standard
with all State of California Community Care
Licensing (CCU reauirements.
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.
5
NO CONDITION TEXT RESJflON. WHEN SOURCE
AGE'lCYI REQUIRED
DEPART.
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
Report" .
BUILDING CONDITIONS
28. All project construction shall conform to all B Through Standard
building codes and ordinances in effect at th~ Completion
time of building permit.
29. Electrical permit required for the 3 Ongoing Standard
installation of the pull station.
PASSED, APPROVED AND ADOPTED this 23rd day of October, :W07.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2007\07-018 New Start Daycare\PC Reso 8.28.07.doc
6
5481 Asterwood Drive
~ECEIVED
MAY 2 3 Z007
DUBLIN PLANNING
New Start Children's CeD1ter
License #Ol34l7359
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. Since 2003, we have been a
valuable resource for the families in East and West Dublin. 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, c~eating 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 profes5ional 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 s,~t 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 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 and apartment 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 type:; 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 ard 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 :.pace for outdoor play.
Product/ Delivery of Services
As stated previously, New Start Children Centers, is providing "high" quality childcare to families
with young children. The definition of high quality can be different for each child care center as
well as for each potential client looking for child care Therefore, thi s 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 oppJrtunity for optimal growth in
all areas of development.
ATTACHMENT 2
Staffing
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 Lynn Williams, Program Assistant). , who all
reside in the home.
The Market IOJIti
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 locatec near nuclear families and the
high divorce rate are trends that have increased the demand for chili care services. According to
the U.S. Bureau of the Census, more than sixty percent of children ,)f working families are cared
for outside the home. This report dated back to Fall 1987 and the nl:ed has only increased in the
past ten years. Now, with the Back to Work initiative great demand:; are placed on single parent
households, sending them scurrying to find childcare.
Room to Grow (Demand is high, supply is low) It is estimated that more than 70% of families with
children under school. age have two parents working. (1998 KidscOlmt 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 of these
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 busiJlt:ss tremendously. Happy
parents equal productive and motivated employees. High absenteebm and stressed out parents can
often be associated with poor quality childcare. NSCC offers a prof.~ssional 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 corner. The accessibility of our home has made our
day care more attractive to families. Since we are located near the corner (See Parcel Map),
Parents can easily get to and from our home from three different strl~ets. As mentioned earlier, our
home is near three major commuter routes to businesses and school:; 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. Whik 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" 5ervices that we offer to families.
As a result of the "Center Comparison Analysis" we did, there are 110 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 li5ts 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 larger
centers in Oakland and San Jose that direct centers. They have bee1l 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.
Prof!ram Structure / ImDacts on communitvffraffic Cocems
Since parents' work schedules differ, children usually arrive over a period of
two or more hours in the morning and leave during a :~imilar 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. Pa.rents 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 below), 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 10 am and one hour after 2:30 pm, and noise will
be kept below the maximum stipulated by city official!l.
********************************************************************
7:00am Arrival/Free Play--Children arrive at staggered times. The) can choose any activity until it
is time to clean up for breakfast.
8:30am Breakfast--Family-style breakfast and conversation. Following breakfast, infants are
changed and put down to nap. (Infants and young toddlers will be aUowed to nap on their own
schedules.) Older children help with clean up and play with table tc.ys, read books, or listen to story
tapes until everyone finishes breakfast and cleans up.
9:00am Morning Activity Time--Toddlers and preschool children select an activity of their choice
or join in a noisy group activity such as finger painting, water play, cooking, or puppet making. As
babies wake up, they are brought in to join the group activity. Children help clean up after the
playtime.
10: 15am Outside Time--Get ready to go outside: use the toilet, wash hands, change diapers,
and so on. Outdoor play and/or walks.
11:00am Educational TV/Circle Time--Free play again - perhaps a special planned activity such as
making and using playdough at the kitchen table.
11 :30am Story Time--Clean up and story time; get ready for lunch. A.m. Kindergarten Children
Back in FacilityHomework Prep
11 :45am Lunch--Family style lunch and conversation. After lunch, older children help put food
away and clean up. Hands are washed, diapers changed, and teeth brushed.
12:45pm Nap/Quiet Time--Everyone (except, perhaps, for a baby who has just woken up) has a rest
period. Preschool children who can't sleep, rest quietly on their cot~: looking at a book. It is
reasonable to expect children to rest or play in bed quietly for 30 minutes before they are allowed
to get up and begin a quiet activity. As children wake up, diapers ate changed and hands are
washed. Mats are put away.
2:45pm Snack--Children have a snack together. Children discuss choices for afternoon activities.
Clean up follows. School Age Children arrive from school. After snack, school age children start
on their homework.
3:15pm Afternoon Activity Time--Active indoor or outdoor play for all children. A special
project may be planned.
4:00pm Free Play--Children play with table toys, blocks, and crayons, read books, or build with
blocks.
4:45pm Music & Movement--Group singing time (nondisruptive play for those who do not wish to
participate in the groups); quiet group activity.
5:30pm Departure--Children go home at staggered times. Projects are assembled, diapers changed,
and parent information made ready. Children color, look at books, or play with table toys until their
parents arrive. Events of the day and plans for the next day are discussed with children and parents
as they leave. Although the daily schedule helps us organize the day, we don't want it to limit our
ability to be spontaneous and flexible. For example, if it is a particularly beautiful day, we may
want to spend most of the day outdoors. Or if a child starts dancing:o a CD I have put on during
free play, I may want to lead the group in a movement activity
**********************************************~.********************
PARKING CONCERNS (Steps we have taken to minimize effects on Traffic)
At New Start, we have minimized the effects on traffic during drop off and pick times. As
illustrated in are picture below of the home, we have ample parting for loading and
unloading. Aside from that, our program transports 4 of are ch:lldren to and from, so this
eliminates a lot of traffic.
PARKING REDUCTION REQUEST
Due to the staggered drop off and pick up times we are asking f{l,r a reduction of 2 off-street
loading spaces. These staggered pick up and drop off times will reduce parking and loading
demand: As illustrated in the pictures below, the project vicinity has sufficient on-street
parking, therefore, overflow parking will not adversely impact adjacent uses.
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 combinatioJ 1 of available on-street and off-
street parking should be sufficient to serve the proposed daycar~ use.
2 spaces in garage in and 3 spaces in driveway.
2 additional parkin!! slots for parents in front of facilitv
2 slots Adiadiecent to the Facilitv
. :y:
TraflicJmnacts
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. Pic", up and drop off times will be
primarily in the morning and evening hours, but the number of children heing 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 !:taggered times throughout the
moming 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 tbe
maximum enrolled total of 14 children.
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 onl)' opposition was Summer
Glenn CC&R's, but California law Health and Safety section 1597.40@, protects family childcare
from any covenant by BOA's which restricts day oare's. I have since spoken with the Bridgeport
community, who controls and regulates the BOA, and they have ne objections to this project. In
conclusion, this project should be passed, we have no complaints wi-:h Community Care Licensing,
and we actually have more on site parking than before. We have already received fire clearance
(No structural changes have been made to our home), and all departments have signed off on this
project 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. Previous
approval from the Departments within Dublin Attached.
5481 Asterwood Drive
Vicinity Map
~ 5481 Asterwood Drive
. 5491 Asterwood Drive
ATTACHMENT 3
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parking available
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Conlmunity Developmerlt Department
MEMORAN[~UM
DATE:
July 24, 2007
FROM:
Bryan A. Moore, Assi stant Plann.e_or", A
Mark Lander, CIty Engmeer ~
Parking for a Large Family Daycare
TO:
SUBJECT:
I have reviewed the parking survey that was recently conducted for the New Start 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 and/or pick up a child for the
Family Daycare residence. With the daycare being open between the rours of7:00 AM and 6:30 PM,
the survey was done in the morning between 7:00 AM and 8:30 AM, ald then also in the evening
between the hours of5:00 PM and 6:30 PM.
The New Start Daycare located at 5481 Asterwood Drive is proposing to have 14 children. Given the
parking requirements, the applicant would need to provide 6 parking spaces. The site currently has 2
spaces in the garage and 3 in the driveway, which create the need for a parking reductIon of 1 space.
However there are 2 spaces in front of the property along the street as well as 3 spaces along the other
side of the street that would be available (the homes directly across the street do not face Asterwood
Drive).
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 of time, 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 USI~. Therefore, it is recommended
that New Start Daycare receive a parking reduction of 1 space in conjunction with the Conditional Use
Permit PA 07-018.
If you have any questions, please let nle know.
C:\Documents and Settings\MarkL\Local Settings\Temporary Internet Files\OLK9\Memo for parking study. doc
Attachment 5
Robyn Albarran
5482 Aspen St.
Dublin, CA 94568
April 25, 2007
Planning Commission
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Biddle, Mr. Tomlinson, Mr. King, Mr. Schaub, and l.1s. Wehrenberg,
It is with great confidence that I recommend Leonard and Morique Dixon of New Start
Children's Center. I have known them since they frrst started tleir family day care center
January 2004. And over the past three years, they have been caring for my son and
daughter since they were 3-months old. My children's solid development under their care
has made me a firm believer in the family child care system.
Mr. and Mrs. Dixon started their careers in child care services as part in the Child Care
Links' recruitment campaign, Eastern Dublin Child Care Project. Back then, they were
one of the first recipients to provide services for the East Dublrn neighborhood. They
have been instrumental in helping to relieve the shortage of day care services in our
Summer Glen neighborhood. And I firmly believe that they sh:mld continue their services
as it's still strongly needed and used. The Principal and Kindergarten teachers from
Dougherty School have also remarked on the social improvements they have seen with
the school-age children who have been under Dixons' care.
Monique and Leonard have al ways displayed a high degree of integrity, sound judgment,
and caring for the children they oversee. Last year, they received a special grant and were
recognized by Alameda County as being one of the leading fatnily day care providers.
Their professional outlook ensures a responsible and practical approach to all endeavors.
New Start Children's Center is an excellent family day care center, and I am happy to
give them my wholehearted endorsement.
Sincerely,
Robyn Albarran
RECEIVED
MAY O.-:rz007
DUl~~~~~' 6
March 14, 2007
Attention City of Dublin:
This regarding the requesting approval for a city license for New Start Children's Center,
run by Monique and Leonard Dixon. It is located at 5481 Asterwood Dr. Dublin, Ca.
94568. This business has a license with the state of California.
This daycare is a great family run center with infant, toddler, ,md school age children.
They are learning social and academic skills. There is a warm feeling when you walk into
this home. The children have many activities though out the week. This includes
tumbling, reading, and playtime in the backyard, supervised at all times. Having New
Start Children's Center down the street is wonderful, for my granddaughter goes there!
I live 5 housed away from the daycare ah:l have a clear view of the area. I have been
in the neighborhood since 2000 and I am one of the original clock captians in our
Neighborhood Watch Program. I am always keeping a eye out for any problems that
might arise.
From my point of view, traffic around this house is minimil. Parents drop off their
children in the morning and pick them up in the late afternoon, early evening. There has
been no double parking or any other traffic problems around 1he daycare.
Please do not hesitate to contact me if you need any other.nformation.
Thank you,
r (/)
C'. I! ~ ^l.,/ ~
j ~-
Gary Grutman
4832 Winterbrook Way
Dublin, Ca. 94568
925-829-6661
T1EC~iVEr]j
MAR 2 3 2007
lDUBUN PLt\.NN!NG
tJt . \)\~
March 14, 2007
Dear City of Dublin Planning Commission,
My name is Carol Smart, I have been a Dublin resident for 4 years now
and my children attend Dougherty Elementary Scbool. I am writing
tbis letter on behalf of Leonard and Monique Dixoll of NEW START
CHILDREN'S CENTER. I am the PFC Vice - President and one of the
Co-Chairs of our biggest fund raiser for the School. Last year we used
NEW START for our Gala's child care. All the pa:rents were extremely
pleased with the facility and the care given to their children. Since they
were such a success for our event last year we have asked them to
provide child care again for this year's event. I fully support Monique
and Leonard in their Childcare endeavors! I hope you will choose to
support them as well.
Thank You,
/! ("'
Lt0voJ- ~~
Carol Smart
Cell # - 925-785-5439
REC~IVED
MAR 2 8 Z007
DUBUN PLANN!NG
D1-.G\~
March 14,2007
To Whom It May Concern:
I am writing this letter on behalf of Monique and Leonard Dixon. They run a family
home daycare, New Start Children's Center.
I am a working mother of a almost 12 month old baby girl. When I had my daughter in
March of 2006, I had the standard 8 weeks of maternity leave When I went back to work,
I was lucky enough of have my parents watch my daughter for the first few months. Then
they said it was time to find a daycare provider. I asked around to a few friends with little
ones. All the leads they gave me lead to a dead end. Most oftl1e providers either didn't
have openings for infant care or they weren't close to my work. I work at Valleycare
Medical Center in Pleasanton. I looked into the larger daycart: facilities and they
eventually had openings, but were very expensive.
My parents told me about a daycare in their neighborhood. It just happen to be New
Start Children's Center. I called and spoke with Monique. She told me she didn't have
any openings for infants, but would keep me in mind. About a week later, they had a
family move and had a immediate opening for a infant. I jumped on the opportunity and
my husband and I met with Monique and Leonard. From the moment we walked in to
their house, I was embraced with a warm feeling. They seeme d very friendly and caring
towards the children. Being parents themselves, I trusted them with my only child. I was
very nervous the first few weeks I left her there, but she always came home happy and
content. We have been there 7 months now and she has friends and a great bond with
Monique and Leonard.
I think everyday how luck.-y we are to have found Monique; and Leonard. There
weren't many options out there for home daycare that were within my price range. They
are great providers and work hard at what they do. I feel my caughter's thriving and
learning has a lot to do with what she learns and is exposed t,) at daycare. I am also
fortunate that they are located about 8 minutes away from where I work and they are in
my parent's neighborhood.
Thank you for reading this letter.
Sincerely,
CU~ fLta1~u/t
Wendy Mercier
flEC!~Vi:;'~,
MAR 2 G 2007
nL'" ,q~".\'.'t'<.:.
DUBliN ;.- .. P.~'o~ h;'.:'-'
D1- . Q\~
Deborah Roe
11865 Dublin Green Drive
Dublin, CA 94568
(925)829-4685
March 30,2007
To whom it may concern at the City of Dublin:
I am writing in support of my daughter Madeline's day car provider, New Start
Children's Center, run by Monique and Leonard Dixon. My daughter is not quite 3 years
old and has been attending New Start for almost 1 year and shl~ absolutely loves it. She
constantly talks about what they do there and is very excited a"Jout all the pre-school
activities they do. She has learned so much in the time she haB been there.
Prior to coming to Monique and Leonard's child care, my daughter had been to 4
different home daycare centers. Something always seemed to happen where I would
need to find new care. One of the providers fell off a horse one weekend, and the 3
others moved out of the area. One even moved out 3 weeks after Madeline was to have
started there. Needless to say, I was very discouraged.
My only regret was not having found Monique and Leonard's center earlier. They have
always shown love and patience to all the children under their care. I currently have to
drive my daughter across town (we live west of San Ramon Road) each morning and I
am happy to do it because of the excellent care she receives. ] will be very sad, as will
my daughter, to leave there this fall when she will start attending Joy Pre-School near our
home.
I will always be.grateful to Monique and Leonard for caring for my daughter and for
providing her with a safe, educational, and loving place to be while her dad and I were at
work. I hope their child care center will be around for many more years to provide the
kind of care they gave to my family to. many other families.
Sincerely,
~PF
Deborah Roe
SlECE~VED
MAR 2 3 Z007
DUBLIN PLANl'HNG
D-:r. \51<0
fJ:J Child Care Links
Press Release
Date:
To:
Contact:
For Release:
July 15, 2003
All Local Press
Shauna Brown, (925) 249-3925 or (925) 417-8733
At Will
Child Care Links Launches Eastern Dublin Child Care Project
Child Care Links is excited to announce the Eastern Dublin C1Jld Care Project. Funded
by the City of Dublin, the pr~ject focuses on increasing child care availability in Eastern
Dublin. Eligible residents interested in obtaining their family child care license will
receive guidance through the licensing process, training, incentives and reimbursement of
some licensing related costs.
Eastern Dublin seriously lacks the child care spaces it needs to meet its' growing
population. There are currently 18 family child care spaces with 4 openings and only 60
school-age child care center spaces at Dougherty School EDCC Spaces which have
remained full since the programs' opening. "Meeting the child care needs of the
proposed 6,000 new households in Eastern Dublin will take a 1remendous amount of
recruitment effort, advocacy and collaboration," Child Care Links Community Services
Director, Amy Wolfson commented, "We are extremely pleased the city of Dublin is
recognizing this issue and working with us to address it."
In addition, Child Care Links staffwill step up its' efforts with the city of Dublin,
developers and community partners to work towards bringing licensed child care centers
to Eastern Dublin and/or BART. Centers provide the bulk of ehild care slots in Dublin.
Currently, 3 times the amount of children are served in center based care as in family
child care. Establishing center based care is the only way to increase child care spaces
while keeping in step with the rapid population growth in Eas1ern Dublin.
To be eligible for the Eastern Dublin Child Care Project, potential providers must live
east of Dougherty Blvd. in the city of Dublin.
# # #
Child Care Links, 1020 Serpentine Lane, Suite 1 02, PI'~asanton, CA 94566,
(925) 417-8733, fax (925) 417-8740
mail@childcarelinks.org . www.childcardinks.org
nECE~VE[)
MAR 2 8 ZDD7
DUBLIN PLANNING
D'1-. ffi fQ
FROM
FAX NO. :4082439192
Oct. 17 2007 10:24AM P2
September 20,2007
To Whom It May Concern:
This is a letter of recommendation for New Start Dayc,;u-e. I am a teacher at
Dougherty Elementary school as well as a neighbor on Asterwood Drive. I have
watched New Start operate its slnall business on our stteet and have never had any
complaints. They are quiet, respectful, and do not create any problems with noise
or traffic.
I had a student, Isaiah Jennings, attend New Start last year. The daycare was very
consistent and timely with their drop-off and pick-up p.rocedures at school. They
were also helpful in assisting Isaiah with his homework. Isaiah enjoyed going to
New Start every day.
I highly recommend approving New Start for continued operation. They provide a
valuable service to parents, our school, and the community. All neighborhoods
should be so lucky to have an at-home daycare facility :~mch as New Start in their
area.
Please contact me if you have any further questions. I live at 5421 Asterwood
Drive and our phone nUluber is 925-361-4789.
Sincerely,
~--~
10/17/200" WED 1 0: 48 [TX/RX NO 8720] ~ 002
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 14,2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PROJECT DESCRIPTION:
PUBLIC HEARING - PA 05-011 New Start Daycare Conditional
Use Permit for a Large Family Daycare (up to 14 children) at 5481
Asterwood Drive
(Report prepared by: Jeff Baker, 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)
:~.
3.
4.
5.
6.
7.
1.
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 (Attachnent 1) approving Conditional Use
Permit for a Large Family Daycare (up to 14 children) at
5481 Asterwood Drive.
""
,(...
,..,
_1.
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 Permits 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 OWLer 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 defined 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 PlannE:d Development Districts. The City
has not received any complaints regarding the existing daycare operation.
The Applicant currently requests approval of a Conditional Use Permit to operate a Large Family Daycare
(up to 14 children) in a single-family home located at 5481 AsterwoJd Drive. The standard operating
hours for the daycare would be Monday - Friday from 7:00 a.m. to 6:00 p.m. and one Saturday afternoon
COPIES TO: Applicant
Property Owner
P A File
G:\PA#\2005\05-011 New Start Day Care\PCSR 6-14-05.doc
ITEM NO.
Attachment 7
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-
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 Plcnned Development and the General
Plan designation is Single-Family Residential. Large Family Daycan~ homes are permitted in this zoning
district by way of Conditional Use Permit.
ANALYSIS:
Noise Impacts
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 restJicted 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 child-en 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.
Parkinf!
Per the City's Parking Ordinance, a daycare facility of this size is reqllired 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 of two (2) off-street parking spaces. The Parking Ordinance allows for a
parking reduction if it can be shown that:
1. The Conditional Use Permit findings 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 bdween 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 (If the adjacent residences.
Parking studies have been prepared for previous Large Family Dayca:-e Conditional Use Permits. 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
2
provides transportation for some children.
Licensinf!
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. Tte conditions of approval (Condition
7) further require the Applicant, on a continuing basis, to proyide 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 notic~ 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 flcility will be properly licensed, and
no complaints have been received about the existing Small Daycare HI)me that would lead Staff to believe
that expanding the use would be problematic.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) open the public bearing, 2) receive Staff presentation
and take testimony from the Applicant and the public, 3) close public Gearing and deliberate, and 4) adopt
a Resolution (Attachment 1) approving the Conditional Use Permit 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, Fn~mont, CA 94539
LOCATION:
5491 Asterwood Drive, Dublin, CA 94~;68
GENERAL PLAN
DESIGNATION:
Single Family Residential
EXISTING ZONING
AND LAND USE:
Planned Development (Single-Family home)
G:\PA#\2004\04-049 New Start Day Care\PC Staff Report.doc
4
Planning Con1mission Minutes
CALL TO ORDER
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, June 14, 2005, in the
Council Chambers located at 100 Civic Plaza. Chair Schaub called the rreeting to order at 7:15pm.
ROLL CALL
Present: Chair Schaub, Commissioners Biddle, Fasulkey, King and Wehrenberg; Jeri Ram, Planning
Manager; Richard Ambrose, City Manager; Michael Porto, Planning Consultant; Kristi Bascom, Senior
Planner; Jeff Baker, Associate Planner;: and Renuka Dhadwal, Recording Secretary.
ADDITIONS OR REVISIONS TO THE AGENDA
Chair Schaub moved Item 6.2 to the end of the meeting.
MINUTES OF PREVIOUS MEETINGS - The May 24, 2005 minutes were approved as submitted.
ORAL COMMUNICATION
6.1 At this time, members of the audience are permitted to address the Planning Commission on
any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place
on any item which is NOT on the Planning Commission Agl~nda. The Commission may
respond briefly to statements made or questions posed, or nLaY request Staff to report back
at a future meeting concerning the matter. Furthermore, a member of the Planning
Commission may direct Staff to place a matter of business on a future agenda. Any person
may arrange with the Planning Manager (no later than 11:0Cam, on the Tuesday preceding a
regular meeting) to have em item of concern placed on the agenda for the next regular
meeting.
6.2 Brown Act /Conflict of Interest & Ex Parte Contacts Training - Revised to put it at the
end.
John Bakker presented this item and explained the Brown Act/Conflict elf Interest & Ex Parte Contacts
for the benefit of the Planning Commissioners.
Chair Schaub stated that he would like added to the agenda whether a project is a quasi-judicial hearing
item.
WRITTEN COMMUNICATIONS
7.1 CIP Conformance 65402
Chair Schaub asked for the staff report.
Richard Ambrose, City Manager presented the specifics of the staff repm t and was available to answer
questions.
Cm. Wehrenberg asked about Project 96870 St. Patrick's Way - Regional5treet to Golden Gate Drive and
the future BART Station in this area and why the City is moving forward.
a!fan.rrinIJ CcntJ1IIissitm 78 Jum 14,200.5
'tJtJufM !Mmiteg
Attachment 8
Mr. Ambrose explained that there is a West Dublin BART Station and th.e platform was installed as part
of the original extension in the vicinity of Golden Gate Drive. He stated that he has met with the BART
General Manager and their Real Estate Staff earlier this month. They would like to issue bonds and
commence construction this fall provided they have cooperative financial partners which include the
City of Dublin, City of Pleasanton, and the County of Alameda. The City originally adopted an MOD
with BART in respect to the City's participation financially in the project. Because of the amount of time
it has taken to move this project forward, as well as the increase cost of construction, the cost has gone
up. They will be coming back to each of the agencies to determine whether the MOD can be
reformatted. If that is achievable, their plan is to move ahead this fall. The City will then be in the
position of needing to acquire right-of-way.
Chair Schaub asked if St. Patrick's Way will go behind Orchard Supply Hardware down to Cor-a-Van.
Mr. Ambrose stated yes. He stated that the City Council has adopted an alignment along the future
extension of St. Patrick's Way that goes behind Orchard Supply Hardware and connects to Regional
Street.
Chair Schaub asked if Cor-O-Van would come out.
Mr. Ambrose stated that Cor-O-Van will come out when the private de',eloper is ready for Cor-O-Van to
come.
Cm.. Biddle asked if there will be a change in priorities due to this projed.
Mr. Ambrose stated that this is one of many projects the City has, and Staff is sorting through to
determine how they can be accomplished.
Chair Schaub asked if San Ramon could be a part of this.
Mr. Ambrose the garages would be physically located in Dublin and Pleasanton.
Cm. King asked about the Community Theater Cultural Arts Center and what does the City have in
mind in terms of building this from the ground up or renting an existing building.
Mr. Ambrose stated that has been identified in the Public Facility Impact Fee Program Study as a
potential facility.
Chair Schaub suggested a bike trail from west Dublin to east Dublin.
Mr. Ambrose stated the City is looking at that and have received grant funding for it.
Cm.. Fasulkey asked about the Tri-Valley Triangle Study and asked how that will affect Dublin as the
City goes forth and whether Pleasanton is participating equally in this s:udy.
Mr. Ambrose stated the City of Dublin has gone to great lengths to keep everyone working together.
The purpose of the study is to identify which segments of the highway infrastructure 580, 680, 84, etc. are
the most important to build first. The agencies do want to stay together as a Valley.
Cm. Fasulkey asked if Dublin Boulevard is an overflow to the 580 freewa.y.
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JIlfU 14,2005
Mr. Ambrose stated yes.
On motion by Cm. Wehrenberg, seconded by Cm. Fasulkey, by a vote of 5-0 the Planning Commission
unanimously approved
RESOLUTION NO. 05 - 34
A RESOLUTION OF THE PLANNING COMlvlISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
FINDING THAT THOSE PROJECTS COVERED IN THE ADOPTED GENERAL PLAN AS PART OF
THE FISCAL YEAR 2005-2006 UPDATE TO THE 2004-2009 CAPITAL IMPROVEMENT PLAN (CIP),
OF THE CITY OF DUBLIN ARE CONSISTENT WITH THE
ADOPTED CITY OF DUBLIN GENERAL PLAN
PUBLIC HEARINGS
8.1 P A 04-043 Dublin Ranch Area F North Site F-2 Developml~nt Agreement - An Ordinance
approving a Development Agreement between the City of Dublin and Pulte Homes. The
Development Agreement is required by the Eastern Dublin Specific Plan. Items included in
the Development Agreement include, but are not limited to. the financing and timing of
infrastructure; payment of traffic, noise and public facilities impact fees; improvements of
roads and general provisions.
Chair Schaub asked for the staff report.
Jeri Ram presented the specifics of the project as outlined in the staff report.
Chair Schaub asked if there were any questions for Staff.
Cm. Biddle asked for clarification of the project location..
Ms. Ram indicated the location of Area F-2 on the color board presented by Staff.
Chair Schaub opened the public hearing.
Rodger Miller, Pulte Homes, 6210 Stoneridge Mall Road stated that he would like to thank Staff for their
work on the Development Agreement and could answer any questions.
Chair Schaub asked when would the project start construction.
Mr. Miller stated that construction has already been initiated.
Cm. Biddle stated these homes are relatively low density.
Mr. Miller stated these are the largest single family lots left in Dublin Ra:lch which are approximately
5000 sq. ft.
Chair Schaub asked if anyone else wished to speak; hearing no other conments Chair S:haub closed the
public hearing.
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On motion by Cm. Biddle, seconded by Cm. King, by a unanimous votE 5-0, the Planning Commission
approved
RESOLUTION NO. 05 - 35
A RESOLUTION OF THE PLANNING COMM:ISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR
PA 04-043 DUBLIN RANCH AREA F NORTH SITE F-2 FOR PULTE HOMES
8.2 PA 05-011 New Start Day Care - Conditional Use Permi.t for a Large Family Daycare (up
to 14 children) The proposed project is a request for a Ccnditional Use Permit application
for a large family daycare in a single-family home located at 5481 Asterwood Drive in
Dublin. The applicant currently operates a small family daycare in this location and
proposes to expand the operation. The property is zoned PD Planned Development and
the General Plan designation is single-family residential. Large family daycare homes (up
to 14 children) are pennitted in this zoning district upon approval of a Conditional use
Permit.
Chair Schaub asked for the staff report.
Jeff Baker, Associate Planner presented the staff report. A Conditional Use Permit for a Large Family
Day Care had previously been approved for the property at 5491 Astenvood Drive. A letter was
provided by the Applicant, Mr. Dixon, indicating that Ms. Chuang, the :Jroperty owner of 5491
Asterwood Drive, signed and agreed to abandon the CUP. Staff received a letter today from Ms.
Chaung stating she did not write the letter and has not agreed to abandon the CUP. The Applicant
subsequently made a verbal request to withdraw his application. The Permit Streamlining Act requires
that the Planning Commission take action on this item tonight. Based Oll the potential concentration of
Large Family Day Care facilities in this area, Staff recommends denial 0= this request.
John Bakker, City Attorney explained that the recommendation is for dEnial. The denial would be
without prejudice which would allow the Applicant to come back at a lelter date.
Chair Schaub opened the public hearing and hearing no other comments he closed the public hearing.
Chair Schaub stated for the public record that he was a little taken back that this came up, and to
consider that 14 kids would be attending the daycare.
Mr. Bakker stated that the Planning Commission's denial will be based on the fact that having two
daycare uses in the same location would be incompatible with the surrounding land uses. Staff will
return at the next meeting with a formal resolution of denial, but the Planning Commission's action will
effectively be for the purposes of the permit streamlining act.
The Planning Commission by a unanimous vote denied the project base j on the potential of an over
concentration of uses in that area.
8.3 P A 04-047 Dublin Nissan Conditional Use Permit and Site Development Review - The
proposed project consists of a Conditional Use Permit (CUP) and Site Development
Review (SDR) for the establishment of an automobile/ve::ticle storage lot on the
southernmost acre of the three-acre parcel at 6085 Scarlet: Drive.
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JUJU 14, 2005
Chair Schaub asked for the staff report.
Kristi Bascom, Senior Planner presented the specifics of the project as outlined in the staff report.
Chair Schaub opened the public hearing.
Joe Murphy, representing the property owner stated it is a straight forward project and was in
agreement with conditions. He asked for clarification on the fence condition.
Ms. Bascom stated that one of the conditions of approval is that Staff and Police Services have a final
review of the fencing plan. Typically, Police Services will forego fencing as long as there is an 18 inch
curb which would hinder someone from driving cars off the site.
Cm. King asked how long they have been parking cars there.
Mr. Murphy stated that the Volkswagen Dealership there previously was parking cars and Nissan has
been there for two years.
Ms. Bascom stated that originally a Temporary Conditional Use Permit was approved for Volkswagen to
allow them to park their vehicles during construction of their dealershi:J.
Cm. King asked if there have not been any problems with vandalism on the site.
Mr. Murphy stated there has not been anything unusual.
Chair Schaub stated that this area of Dublin is becoming well developed and there may not be the need
to spend time on a specific plan for the Scarlett Court area.
Chair Schaub closed the public hearing and asked for a motion.
On motion by Cm. Biddle, seconded by Cm. Fasulkey, by a vote of 5-0, :he Planning Commission
unanimously approved
RESOLUTION NO. 05-36
A RESOLUTION OF THE PLANNING COMM:ISSION
APPROVING SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT TO ALLOW AN
AUTOMOBILF/VEHICLE STORAGE LOT IN A M-l (LIGHT INDlfSTRIAL) ZONING DISTRICT
AT 6085 SCARLETT DRIVE
ASSESSOR PARCEL NUMBER 941-0550-019-09
8.4 P A 05-004 Safeway Conditional Use Permit and Site Development Review - Safeway,
Inc. has requested approval of a Site Development Review and Conditional Use Permit
for an amendment to their Master Sign Program to install a electronic gasoline price
display sign at the Safeway Gas Station at 7499 Dublin Boulevard.
Chair Schaub asked for the staff report.
Kristi Bascom, Senior Planner presented the specifics of the project as outlined in the staff report.
fPWnning Com1flissimt
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June 14, 2005
Chair Schaub asked if there are light., inside the monument sign.
Ms. Bascom stated yes.
Chair Schaub asked if they are neon lights or incandescent?
Ms. Bascom stated that could be referred to the Applicant.
Cm. Wehrenberg asked if the sign has been there since the beginning.
Ms. Bascom stated yes.
Chair Schaub stated that report states there are two reasons why Safeway wanted to change their sign.
The first was to allow the attendant to be able to change the gas prices Electronically from inside the
cashier enclosure increasing safety for the attendant. The second reason is according to the Applicant
the LED products are approximately 90% more efficient. He asked Staff if both of these reasons were
given to the City.
Ms. Bascom stated yes and was provided in Safeway's written statemer.t.
Chair Schaub opened the public hearing.
Kirk Kessler, Young Electric Sign Company and Bruce Hunt, Safeway thanked Staff and was available to
answer any questions.
Cm. King asked why they want to change their sign. Based on the PowerPoint presentation, it appears
that the current sign is easier to read.
Mr. Hunt stated the proposed sign would actually be easier to read.
Ms. Bascom stated the image on the PowerPoint was scanned in, which could be the reason it appears
the way it does.
Cm. Biddle asked if any trenching will be required to make the change.
Mr. Kessler stated it will not require any trenching. It will only require sliding new modules in and will
actually use less electricity.
Cm. Fasulkey asked Mr. Hunt if it has improved the traffic flow or volume.
Mr. Hunt stated that it helps in that it is easier to read and people are not slowing down to read the sign.
Cm. Fasulkey stated that there is a lot of traffic issues with that parking lot. Safeway made a
commitment to not create a traffic problem when they were first approved. The site has traffic problems.
He would oppose the sign on principal only.
Chair Schaub stated that in his perfect world the station would be shut down. It is his belief that it will
not save electricity because it will be illuminated the entire day and was offended by the two reasons
Safeway wishes to change the sign. He stated that he loves the store but cannot shop there on the
weekends because of the traffic problem.
Cm. King stated for the record his wife will not shop there either.
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June 14, 2005
Stan Lamb, Operations Manager for northern California fuel stations ad.dressed the concerns of traffic
that the Commission expressed. He stated that they have done over aIld above their level of
commitment with this fuel station. There is a person there directing trcJfic and doing everything they
can with the size limitation of the lot.
Chair Schaub stated as a Planning Commissioner answering for the residents, it is not working.
Mr. Lamb stated there are 15,000 customers a week that do shop there that disagree.
Chair Schaub closed the public hearing.
Cm. King stated the gas station is not viable there in terms of intelligen: land use planning and traffic
planning. He does not have an objection to it because it is only changing from one sign to another.
Cm. Fasulkey stated it could create added traffic. Safeway stated when previously approved that they
would keep their price above the prevailing market for the purposes of controlling the overflow of
traffic. This was an oversized store on an undersized lot and they threw a gas station in at the last
minute.
Cm. Wehrenberg what is front of the Planning Commission is a sign chmge. That is what we should
focus on and the Planning Commission cannot go back and correct something that was done a few years
ago.
Cm. Biddle, stated that the gas station has made the traffic worse.
Chair Schaub LED is brighter than the sun during the day. At night tUne, he would like to stipulate they
step down the illumination a little. A condition to that effect should be added to the resolution.
The Planning Commission discussed this option.
Cm. Biddle concurred with Chair Schaub about stepping down the lights at night time.
The Applicant was in agreement and stated that it would be possible to do that.
On motion by Cm. FasuIkey, seconded by Cm. Biddle to deny the Conditional Use Permit based on code
enforcement issues and that it attracts nuisance traffic to the parking lot, by a vote of 4-1, with Cm.
Wehrenberg opposed to the denial
Chair Schaub opened the public hearing, to allow the Applicant to spea:<.
Mr. Lamb asked the reasons for code enforcement issues.
Cm. Fasulkey explained that the sign attracts the traffic.
Chair Schaub stated that the Planning Commission cannot make findin~;s to approve the project.
Mr. Bakker stated that Staff will bring back a resolution at the next Planning Commission meeting at
which the Commission will adopt a formal written denial for the project.
Ms. Ram explained the appeal period for the Applicant's benefit.
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June 14, 2005
NEW OR UNFINISHED - None
OTHER BUSINESS
Ms. Ram asked the Commissioners to add to their calendars a field trip scheduled for July 23, 2005.
Cm. Wehrenberg stated that she would not be at the next Planning Commission meeting.
ADJOURNMENT - The meeting was adjourned at 9:10 p.m.
RespectfullY,~~d,
~A~~
Planning Commission Chairperson
A TrEST:
PI~
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June 14, ZOO$
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 28, 2005
SUBJECT:
CONSENT CALENDAR - I)A 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 Permit 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)
r)
... .
rl
~l.
RECOMMENDATION:
1.
Adopt Resolution (Attachnent 1) denying the Conditional
Use Permit for a Large Fanily 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 CL 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. The:-efore, 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 ABterwood 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 o}erate a Large Family Day Care (up
to 14 children) at this location. The standard operating hours for the c.ay 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
Astetwood 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 r,~view the request for a Conditional
Use Permit to operate a Large Family Day Care at 5481 Asterwood Drive. The Planning Commission
COPIES TO:
Applicant
Property Owner
PA File
ITEM NO.
G:\PA#\2005\05-011 New Start Day Care\PCSR 6-28-05 doc
Attachment 9
raised concern about the potential concentration of Large Family Day Care facilities and the impact on the
surrounding residential neighborhood, if the existing Conditional UEe Permit 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 it, review and consideration.
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 envirormental 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.
G:\PA#\2004\04-049 New Start Day Care\PC Staff Report.doc
3
Planning Comlnission .Minutes
CALL TO ORDERlROLLCALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, June 28,2005, in the
Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00pm.
Present Chair Schaub, Commissioners Biddle, and Fasulkey; Jeri Ram, Planning Manager; Jeff Baker,
Associate Planner; Dean Baxley, Code Enforcement Officer; and Maria Carrasco, Recording Secretary.
Absent: Cm. King and Cm. Wehrenberg
ADDITIONS OR REVISIONS TO THE AGENDA
Chair Schaub moved the Code Enforcement presentation after Public Hearing Item 8.1.
MINUTES OF PREVIOUS MEETINGS - The June 14, 2005 minutes WEre approved as modified by
Chair Schaub.
ORAL COMMUNICATION
5.1 At this time, members of the audience are permitted to address the Planning Commission on
any item(s) of interest to the public; however, no ACTION cr DISCUSSION shall take place
on any item, which is NOT on the Planning Commission A~;enda. The Commission may
respond briefly to statements made or questions posed, or may request Staff to report back
at a future meeting concerning the matter. Furthermore, a member of the Planning
Commission may direct Staff to place a matter of business on a future agenda. Any person
may arrange with the Planning Manager (no later than 11:00am, on the Tuesday preceding a
regular meeting) to have an item of concern placed on the a:~enda for the next regular
meeting.
5.2 Code Enforcement Presentation
Dean Baxley, Code Enforcement Officer presented a Code Enforcement ?owerPoint for the benefit of the
Planning Commission.
The Planning Commission thanked Mr. Baxley for his informative presentation.
CONSENT CALENDAR
6.1 PA 05-011 New Start Daycare Conditional Use Permit
RESOLUTION NO. 05 - 37
A RESOLUTION OF THE PLANNING COMl\inSSION
DENYING A REQUEST FOR PA 05-011 NEW START DAYCARE CONDITIONAL USE PERMIT TO
OPERATE A LARGE FAMILY DA YCARE HOME
AT 5481 ASTERWOOD DRIVE
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June 28, ZOOS
. Attachment 10
6.2 P A 05-004 Safeway Conditional Use Permit/Site Development Review
RESOLUTION NO. 05 - 38
A RESOLUTION OF THE PLANNING COMrdISSION
DENYING A SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT FOR AN
AMENDMENT TO THE MASTER SIGN PROGRAM TO INSTALL AN ELECTRONIC GASOLINE
PRICE DISPLAY SIGN AT THE SAFEWAY GAS STATION AT 1499 DUBLIN BOULEVARD
ASSESSOR PARCEL NUMBER 941-O305-01()"()2
WRITIEN COMMUNICATIONS - None
PUBLIC HEARINGS
8.1 P A 05-022 The Well Christian Community Church Conditional Use Permit to expand the
existing Place of Worship within the M-l (Light Industrial) zoning district and a parking
reduction for shared parking.
Chair Schaub asked for the staff report.
Jeff Baker, Associate Planner presented the specifics of the project as outlined in the staff report.
Chair Schaub asked what would happen when the next tenant is a church. There is that possibility, and
that could create a problem.
Mr. Baker stated that if another church comes in they would have to get a Conditional Use Permit and
approval from the Planning Commission. The parking would have to be evaluated to make sure there
was enough parking for both uses to occur. The new facility might be further restricted on how many
people could attend or not be allowed. If The Well Church could not obtain parking spaces, they would
be required to reduce the maximum number of people that could attend each service.
Cm. Fasulkey stated that RREEF Management is allowing The Well the use of 150 parking. spaces. There
is a possibility that a new tenant could come in and have some type of E;unday activity. How can RREEF
Management give away parking spaces?
Mr. Baker stated RREEF Management has not granted use of all their parking spaces. There are
additional spaces that could accommodate Sunday activities on their site.
Ms. Ram, Planning Manager stated that the likelihood of another SundclY use that utilizes all the parking
is small. That industrial area is so big and if they were unable to get pa~king from adjacent uses, they
could always go to another location.
Cm. Fasulkey asked if the Alameda County Auction would be required to obtain a Conditional Use
Permit if they wanted to occupy 6723 Sierra.
Ms. Ram stated that the Alameda County Auction would need another Conditional Use Permit to
expand their use.
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Chair Schaub asked for clarification about the requirement of the number of parking spaces per square
foot vs. the number of people in the church.
Mr. Baker stated that the City's Zoning Ordinance has a parking requirement based on the use type.
With a Conditional Use Permit, it allows the City to place additional conditions on the use. The parking
study and the City's Traffic Engineer feel that additional parking will be required. The City is actually
requiring more parking than what is required in the Zoning OrdinancE~.
Chair Schaub suggested that if the parking is taken away from The Well, the remedy is to cut back the
square footage.
Cm. Fasulkey stated they would have to reduce the occupancy accordingly.
Mr. Baker stated the parking requirement is based on the proposed sanctuary. Based on the size of the
proposed sanctuary, the parking would require 150 spaces per the Zoning Ordinance, but the space
could actually hold more people. The Parking Study and the City's Engineer determined there would
not be enough parking based on the Zoning Ordinance so Staff is requiring parking above and beyond
that figure. Mr. Baker concluded his presentation and was available to answer questions.
Evan Simmons, The Well Church thanked Mr. Baker for the presentation. He stated that they have had
numerous conversations with staff about parking. He welcomed the opportunity to address the
Planning Commission. Mr. Simmons stated that the Well Church is very happy to be in the City of
Dublin and that God is doing a mighty work in the church. He said that the church is growing and he
feels that they are bringing something into the community by God's grace that is really benefiting a lot of
people. He stated that they are happy to have an opportunity to corne before the Planning Commission
and ask for assistance in helping with what God is leading the church 10 do. He stated he was available
to answer any questions.
Cm. Fasulkey stated for the record that the church runs the risk that th,~y will have to reduce the number
of attendees if in fact there is a change in ownership and a parking agreement cannot be obtained.
Mr. Simmons stated they understand. The church is in a complex that involves many other tenants,
several owners and property management firms. There have not been any problems since they have
been in the complex. They anticipate that things will continue to go snloothly but understand that things
could change over the next three to five years.
Cm. Biddle stated that he drove by the site and it appears to have plenty of parking but the church is
hard to find. He stated he could not find it but they must be doing sODlething right. He asked about
signage.
Mr. Simmons stated the Commission in 2003 raised this question. He explained that they are as
informative as possible. They understand that they cannot put a-frame signs up in the City but people
will call the church to receive directions. Word of mouth and the website have been very informative
and have not had a problem with people finding the church.
Chair Schaub closed the public hearing.
On motion by Cm. Biddle, seconded by Cm. Fasulkey, by a unanimous vote of 3-0-2, the Planning
Commission approved
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JUM 28, 2005
RESOLUTION NO. 05 - 39
A RESOLUTION OF THE PLANNING COMM:ISSION
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND THE EXISTING
PLACE OF WORSHIP WITHIN THE LIGHT INDUSTRIAL (M-l) ZONING DISTRICT AND A
PARKING REDUCTION FOR SHARED PARKING AT THE PROPERTY LOCATED AT 6533
SIERRA LANE (APN 941-0205-020)
P A 05-022
NEW OR UNFINISHED
Ms. Ram reminded the Planning Commission of the field trip scheduled for Saturday, July 23, 2005.
OTHER BUSINESS
ADTOURNMENT - The meeting was adjourned at 8:15pm.
Respectfully submitted,
~;//P'"
Planning Commission Chairperson
ATTEST: .
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Planning Manager
t1'f4nmne Commission
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90
June 28, ZOO5
VEM
Of 1) Community Development Department
' 2 . Planning Division
MEMORANDUM
DATE: October 22, 2007
TO: City of Dublin Planning Commissioners
FROM: Martha Aja, Assistant Planner
SUBJECT: PA 07-018; New Start Daycare at 5481 Asterwood Drive
The attached letter was received after the agenda packets for the October 23rd, 2007 Planning
Commission Meeting were distributed. Please add the attached letter to the staff report for PA 07-018
(New Start Daycare). .
1 of 1
City of Dublin
Community Development Department
100 Civic Plazas
Dublin, California 94568
Cheryl DeGuzman
5491 Asterwood Drive
Dublin, California 94568
Dear Dublin Planning Commission:
October 22, 2007
This letter is response to the New Start Daycare permit that is requested from Leonard
Dixon located at 5481 Asterwood Drive Dublin, California.
I, Cheryl DeGuzman, my husband Ron and our two children live next door to the
daycare at 5491 Asterwood Drive. We have lived at this address approximately two
years. In these two years we have been very pleased with the handling of the daycare.
Mr. and Mrs. Dixon have been professional and considerate of us and surrounding
neighbors with regards to their business.
My husband and I feel the Daycare benefits the families in the neighborhood as well
as others the program serves. We are in favor of the New Start Daycare program
continuing and expanding.
Sincerely,
Cheryl DeGuzman
(925)479-0855