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Home My WebLink AboutPC Reso 92-018 PA 92-007 Tots University Day Care to allow the operation of a daycar facility ( community facility) @ SFR RESOLUTION NO. 92 - 018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 92-007 TOTS UNIVERSITY DAY CARE CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY FACILITY) IN AN R- 1-B-E, SINGLE FAMILY RESIDENTIAL DISTRICT AT 7890 OXBOW LANE WHEREAS, Polly Pagnini submitted an application requesting approval of a Conditional Use Permit for the operation of a day care facility at 7890 Oxbow Lane in an R-1-B-E District; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 16, 1992; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the l Quality tprviions of the oo bes Categorically aExempt lunder 1Section a15301, Class t1(of4 the A) aStaten was found CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The operation of the day care facility will serve a public need by providing, in part, for an existing need for child care facilities in the City of Dublin. B. The use will be properly related to other land uses and transportation and service facilities in teicinity, as the proposed use will be compatible to the type and operations typically found in the neighborhood. C. The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious property or improvements in the neighborhood, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 92-007, Tots University Day Care Conditional Use Permit application, as generally depicted by materials labeled Exhibit A, - 1 - n - stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, (ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. This Conditional Use Permit approval for PA 92-007 is to allow the operation of a day care facility at 7890 Oxbow Lane in an R-1-B-E Single Family Residential Combining District. This approval shall generally conform to the plans stamped approved, labeled Exhibit A, consisting of a Site Plan and a Floor Plan dated received by the Planning Department February 7, 1992. [PL] 2. The maximum number of children present at the day care facility at any one time shall not exceed 34. [PL] 3. The hours of operation for the day care shall be limited to the hours between 6:30 a.m. and 6:30 p.m. [PL] 4. School noise shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 8:00 a.m. [PL, PO] 5. Prior to the establishment of this use, the operator shall submit a copy of the State Department of Social Services License Permit for the operation of a day care. [PL] 6. On a continuous basis, the Applicant shall provide the City of Dublin Planning Department with current day care operating licenses issued by the State of California Department of Social Services. [PL] 7. The day care director shall, at the minimum of a once-a-year basis, make arrangements to have the Dublin Police Services Child Abuse Prevention Program, or an equivalent program approved by Dublin Police Services, presented to the Staff and children attending the facility. A certification of the presentation of such a program shall be presented to the Planning Department on a yearly basis. [PL, PO] 8. This use shall comply with all applicable Planning, Building, Dougherty Regional Fire Authority, Police Department, and State of California Department of Social Services regulations and ordinances. [PL, B, F, PO] 9. This approval shall be null and void in the event the approved use fails to be established within one year (March 26, 1993) or ceases to operate for a continuous one-year period. [PL] - 2 - r—N 10. If the use fails to be established within one year or upon termination of the day care use, the Applicant shall convert the structure to a single family residence with the garage accessible for parking cars. [PL, B] 11. The property owner has posted a cash deposit with the City of Dublin in the amount of $500.00 (five hundred dollars) to secure the faithful performance of Condition #10 (single family residence conversion). Said cash deposit shall guarantee that these funds will be available and that the instrument of credit will remain effective until termination of the day care use. [PL, FIN, B] 12. No future modifications to the site or exterior portion of the residence shall be done without prior review and approval of the Planning Director and must comply with all applicable zoning, building code and engineering regulations including issuance of building permits. [PL, B] 13. All signs shall be subject to the requirements of the sign regulations and Zoning Ordinance. In particular, Section 8-87.50 of the Ordinance states that a name plate sign shall be non-illuminated and shall not exceed two (2) square feet maximum sign area. [PL] 14. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. [PL] 15. One parking space in the existing driveway shall be kept clear to accommodate vehicles dropping off and picking up children attending the facility. [PL] 16. This use shall be subject to zoning investigator review and determination as to compliance with the conditions of approval. [PL] 17. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 16th day of March, 1992. AYES: Commissioners Barnes, North, Rafanelli and Zika NOES: None ABSENT: Commissioner Burnham Plannii' Commiss n Chairperson ATTEST: Planning Direc o - 3 - • . ^ ^ . Lot- -75 X/ (°' I• 000 }OL OOOO O )- O O COO ! a 0 .1 43 .;• (l .r .2..7-16 ' N't CI c' _P' _ I v .� ��fc J I r Asl.a C. ry • ;n L -789D 0xbov) Lazo --J -fit - `- — City of Dublin • sn n >-• gl . c../4',,, I By: Kb.,....5..b,c,s-or Date: 1�1‘r'CC.t L. t gif 1- �pca.-00-7. . A . PA #: 1zOo- "(lei a°r RECIVED, C��g-' 'i tesolution No.: Q - —d t t ' FEB 0 992 1 )tesolution Cite: a% DUBLIN PLANNING. `78q.D 07( Dp<0 • EXHIBIT A - PAGE i OF .�. I O4 2 • 00 0 0 0 0 0 0 0 <---- 0 v 0 0 0 0 01 e ( ' C.'. fr *r`L I ,( • N (--7,' . 4 �.� I ., (`n . l it = aI -_ _ _G--_ ter--- . `2 1 I I�1 Lv.p.c� P Dr r� i isXII ' Ste, S , c --cI 1 I 0 ( t ' ,, s , f• -•(l;iy ;;sVulinFa�� - l�-' ay k s � PPtc ED V E RCEIV By: �L '�% � FEB7 1992 �ret�oc t feL (`� (4 g at DUBBIN 'I.ANNING Date: 72 Pa ##: i1a-407,(4P) • r��! Resolution No.: a'018 COX B 0 v.) L n (\3 Resolution Date: h 4 a EXHIBIT A ,' PAGE OF Ia,