HomeMy WebLinkAboutPC Reso06-26 Deny CUP 06-029 Miss Dina's Daycare
RESOLUTION NO. 06 - 26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW MISS DINA'S
DAYCARE TO OPERATE A LARGE FAMILY DAY CARE HOME
AT 7956 CROSSRIDGE ROAD. (APN 941-2784-034)
P A 06-029
WHEREAS, the Applicant, Dina Yaroshevskaya, has requested approval of a Conditional Use
Permit for the operation of a Large Family Day Care Home (9 - 14 children), known as Miss Dina's
Daycare, located at 7956 Crossridge Road; and
WHEREAS, a Large Family Day Care Home, which serves between nine (9) and fourteen (14)
children, is permitted in a residential zoning district with approval of a Conditional Use Permit by the
Planning Commission if all of the required findings in Section 8.100.060 of the Dublin Municipal Code
can be met; and
WHEREAS, a Large Family Day Care Home requires a minimum of two (2) on-site parking
spaces and four (4) on-site loading spaces for the pick-up and drop-off of children; and
WHEREAS, the Planned Development Zoning (P A 85-041) states that except as specifically
modified by the design criteria or Conditions of Approval of said Planned Development, the property will
be subject to the guidelines of the R-1 Single Family Residential District; 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;
and
WHEREAS, the Planning Commission held a public hearing on said application on August 8,
2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project; and
WHEREAS, the Planning Commission has determined that all of the required findings in Section
8.100.060 of the Dublin Zoning Ordinance cannot be met.
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby
find that:
A. The proposed operation of the Large Family Day Care Home is not compatible with other
land uses, transportation and service facilities in the vicinity because the Large Family Day Care
Home would result in an increase in noise with the additional vehicles dropping-off and picking-
up children and a greater number of children playing out doors. Therefore the proposal is
incompatible with the surrounding neighborhood and would create an adverse effect on the
neighborhood.
B. The use would adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare because: 1) the proposed Large
Family Day Care Home would not comply with the parking requirements in Section 8.76.080.B of
the Dublin Municipal Code that requires two (2) on-site parking spaces and four (4) on-site
loading spaces; 2) the proposed Large Family Day Care Home would not comply with the noise
levels found in the Land Use Compatibility for Community Noise Environments (Table 9.1) in the
Dublin General Plan, because the noise created by the children at the day care would exceed that
of a "Normal Acceptable" standard; and 3) the proposed Large Family Day Care Home would
qualify as an Unreasonable Noise, according to Section 5.28.020 of the Dublin Municipal Code,
because of the additional children playing outdoors and the additional vehicles dropping-off and
picking-up children that would create additional noise in the neighborhood.
C. The use would be injurious to property or improvements in the neighborhood because: I)
the Large Family Day Care Home would create a level of noise that is considered to be a nuisance
to the neighborhood as defined by Section 5.28.020 of the Dublin Municipal Code and Table 9.1
in the Dublin General Plan; and 2) the site is not able to provide adequate off-street parking as
required by Section 8.76.080.B of the Dublin Municipal Code.
D. The subject site is not physically suitable for the type, density and intensity of the use being
proposed because: 1) the site would not be able to provide the required amount of parking
according to Section 8.76.080.B of Dublin Municipal Code for a Large Family Day Care Home;
and 2) the drop-off and pick-up area outside and the outdoor play area are in close proximity to the
neighboring homes and adjacent outdoor areas, thereby creating a noise impact on the
neighborhood.
E. The Large Family Day Care Home is contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is located
because: 1) Section 8.76.080.B of the Dublin Municipal Code requires two (2) on-site parking
spaces, plus one loading space for every four (4) children; 2) the day care will have fourteen (14)
children and therefore will require four (4) loading spaces; 3) the required two (2) parking spaces
can be provided within the existing garage which can hold two (2) cars and meets the size
requirements in the Dublin Zoning Ordinance; 4) the Applicant is able to provide 2 loading spaces
in the driveway, however the Applicant is unable to provide for the remaining two (2) required
loading spaces on-site; 5) the Applicant requested an exception to provide two (2) of the required
four (4) loading spaces off-site on the street adjacent to the residence; 6) the Planning Commission
determined that the two (2) on-street loading spaces would create a concentration of vehicles on-
street and determined that all loading spaces should be provided on-site; and 7) since the Large
Family Day Care Home can only provide two (2) loading spaces on site, which will result in a
deficit of two (2) loading spaces, the proposal for a Large Family Day Care Home does not meet
the requirements of Section 8.76.080.B (required parking) of the Dublin Zoning Ordinance.
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BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby deny P A 06-
029, a Conditional Use Permit application to operate a Large Family Day Care Home, as generally
depicted by the Site Plan and Floor Plan received by the Planning Division on June 16, 2006, and a
Written Statement received by the Planning Division on August 3, 2006.
PASSED, APPROVED AND ADOPTED this 8th day of August 2006 by the following vote:
AYES: Chair Schaub, Commissioners Fasulkey and King
NOES: Vice Chair Wehrenberg, Commissioner Biddle
ABSENT:
ABSTAIN:
4/~~
Planning Commission Chairperson
O:IP A#\2006\06-029 Lg Family Daycare CUPIPC Denial Reso jb comments.DOC
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