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HomeMy WebLinkAbout88-050 Love & Care Daycare CUP TO: FROM: SUBJECT: GENERAL INFORMATION: CITY OF DUBL",; PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 6, 1988 Planning Commission Planning Staff~ -I:r PA 88-050 Love And Care Daycare Conditional Use Permit PROJECT: APPLICANT: PROPERTY OWNER: PROPERTY LOCATION: ASSESSOR PARCEL NUMBER: PARCEL SIZE: GENERAL PLAN DESIGNATION: EXISTING ZONING AND L\J.\ID USE: SURROUNDING LAND USE AND ZONING: ZONING HISTORY: A Conditional Use Permit to allow the continued operation of a day-care center for a maximum of 20 children at 7624 Hillrose Road LaVelda Singleton Love And Care Daycare 1379 Saybrook Road Livermore,.CA 94550 Carlene King 936 Lamboren Avenue Livermore, CA 94550 Gleera Brewer 173 El Camini to Livermore, CA 94550 7624 Hillrose Road Dublin, CA 94568 941-172-88 6,500 square feet Single Family Residential (.9 - 6.0 units/acre) R-l-B-E (Single Family Combining District) North: South: East: West: R-l-B-E R-l-B-E R-l-B-E R-l-B-E July 1982 - Alameda County approved a Conditional Use Permit to operate a day-care center for a maximum of 20 children at 7624 Hillrose Drive --.--------------------------------------------------------------------------- ITEN NO. 8.5 -1- COPIES TO: Applicant (2) Owner File PA 88-050............... Building Fire Police August 1985 - ~onditional Use Permit approved by the City of Dublin Planning Commission to continue existing operation of day-care for up to 20 children at 7624 Hillrose Drive. APPLICABLE REGULATIONS: Section 8-26.3 of the Zoning Ordinance requires that a Conditional Use Permit be obtained from the Planning Commission for the establishment of a Community Facility, which includes day-care centers, when proposed within a single family zone. Section 8-63.0, 8-63.4, 8-63.17 of the Zoning Ordinance requires that a single family home have two parking spaces; that spaces cannot occupy a front yard; and that the required parking shall be provided and maintained when a use is established and/or a building is structurally altered. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically exempt, Class 1, Section 15101 - Minor alteration of an existing private structure involving a negligence expansion of use beyond that previously existing (single family residence used as a day-care facility). NOTIFICATION: Public Notice of the June 6, 1988, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. k\lALYSIS: Love and Care Daycare is applying for a Conditional Use Permit to allow the continued operation of a day-care center for a maximum of 20 children at 7624 Hillrose Road. The Applicant's use involves care of 2 to 6 1/2 year olds during weekdays from 9 a.m. to 2 p.m. Alameda County originally approved this day-care center in July 1982. The City approved the use permit in 1985 with a three-year time limit. The current approval expires August 15, 1988 and no changes in the operation are proposed with the new requested use permit. -2- Staff has supported previous Conditional Use Permit applications for day-care centers provided potential problems (noise and traffic) were minimized or eliminated altogether. In this case, the City has not received any complaints regarding the operation of the day-care center. Given this Staff is recommending that the use permit be approved with a three-year time limit and up to a two-year extension by the Planning Director if the appropriate findings can be made. As the Planning Commission is aware from previous applications, there appears to be a tremendous need for day-care facilities in this area. Staff recommends the Planning Commission approve the application on the basis of the need and the absence of any apparent problems. RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Resolution regarding the Conditional Use Permit. ACTION: Staff recommends the Planning Commission adopt the attached Resolution (Exhibit "A") approving Conditional Use Permit Application PA 88-050. ATTAC&'lENTS : Exhibit A - Resolution approving Conditional Use Permit PA 88-050 Background Attachments 1. Location Map 2. Site Plan and Floor Plan 3. Applicant's Statement -3- RESOLUTION NO. 88- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING PA 88-050 LOVE AND CARE DAYCARE CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE CONTINUED OPERATION OF A DAYCARE CENTER AT 7624 HILLROSE ROAD WHEREAS, LaVelda Singleton filed an application for a Conditional Use Permit to allow the continued operation of a day-care for a maximum of 20 children at 7624 Hillrose Road; and WHEREAS, the City of Dublin Zoning Ordinance provides for the operation of day-care uses in residential areas through the Conditional Use Permit process. WHEREAS, the Planning Commission did hold a public hearing on said application on June 6, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the prov1s1ons of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff Analysis was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony and hereinabove set forth; WHEREAS, the proposed land use is conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public facilities. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need because both single and married parents who work need day-care facilities; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime activities will be 'commensurate with present use of properties in the neighborhood; c) The use, if permitted, under all the circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood as all applicable regulations will be met; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a day-care is consistent with the character of the residential district; BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve said application as shown by materials labeled Exhibit "B", on file with the Dublin Planning Department, subject to the following conditions: -1- r~:f~ J'lnU1 .f .. :t.: .' li1'.1 ,~. '., J ,1., ... i~~ , --.:;i- '.;..~..... ~kt A -y'i\S'S-OSO W"E "1,bC;>.R, t'l\.'C:. SL~COl.... G-ll"P 1) The day-care shall be limited to a maximum of 20 children. 2) The Applicant shall meet all requirements of the Building Inspection Department and the Dublin/San Ramon Services District. 3) No modifications to the site or exterior portion of the structure shall be done prior to the review and approval by Staff. 4) The day-care operator shall on an annual basis, at a minimum, make the necessary arrangements to have thje Dublin Police Services Child Abuse Program, or an equivalent program, presented to the children involved with this day-care and the day-care staff. 5) The permit shall be valid for a period of three (3) years exp1r1ng on June 17, 1991). The approval period for the Conditional Use Permit may be extended up to two additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon the Director's determination that the Conditions of Approval remain adequate to assure that the stated findings will continue to be met. 6) This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. 7) The existing driveway shall be kept clear to accommodate vehicles dropping off and picking up children attending the facility. 8) School noise shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. 9) Existing non-conforming sign advertising the day care shall be removed. 10) The Applicant shall submit to the Planning Director copies of applicable state licenses and permits and any renewal or extensions of such documents to operate (or continue to operate) a daycare/preschool. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission PASSED, APPROVED AND ADOPTED this 6th day of June, 1988. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- v> R ~ ~ '" '" :J: ", ", .... ~ SANTINA. -= ~ THOMPSON ",c.-'-' I I i j I 1'1'1 I THE P ..\RT or THE ZONING MAP THE CITY or DUBLIN ae CITY Of \ PRI,J?~SLl:'/ 1''''''11''' ocr 2 i986 ~..tlrOR!'II.f\ ,..._c...-_ (_..... c.._ ..u_ , ~ ~ 'PA 66.0'50 LocA1\CtJ I.4.kP 14:>'2.4 1t1L.L.\lZ.OSE L lov!. olU:LK.- ~\-<.!><.~\ t-l. AttaehmPJlt PJ. \ D~L:, IV ~ A ~EEe E; " @-n ~PI"E {) TU'-J,V€L ). . I ~ \~ I)t w \'1 Q [ \ \ 4R" VELI' ~ \ \ , .... ":- N ~ -.j \ C;avey-<:c/ \ Paf/o ..... 4. . QPIZAI 4. ..;, '4 ..... PATIo 7 0 '''I 'l-7.Z' c... w . a N t ct> t - . t:>. ... -, ~ . SCHooL ... . 70"Yfb 'D~ . lCEC"E1V"ElJ. (,\II{ 1 Z lSSG DUBLIN PLANNING , I \/.' 1'1' ,I -'~:==----'._'--'.:-=-==-~==-:=:_-======- ---- SITE - PLAN " I ')" . 5;' I'/.- , p'" ,e! c/~ . ~ Ij' cr' r!,."" ;jlfEA: <;:rb'i' a I 7t27' Hlllrosi'L'7 :f.:.;>/~ /'I~Z.O' Lol/E: f CIlRE D..k J,mc7/jj Pr", GK P<ES.;h'CJO.!.. /?ss ti: "11-17Z-4'8 GI<:u'<J ,4 /l/I.<'~"',:F)~1 PhiJ'f':' ~~3-ZSS0 '-Jv~/"'".:::tn;(Oi...J"'/c..r) PA e,e .0<;0 " lwe. .. c.a.\-t. "'.u~c.ko( (.. P'j.", o( <0 "-"~r-~~.": .~. ,'7 ..~~.-f""I\~I' ....,7 ....'.....'"- r.......'.. ..,......"T"-....,. ....: _...;.......M. . ----- " ., . '.. - ..,. ~.' ...,-- . . '-~ p. --- !. ------ ':-1 ,.. v . ? ., . ~ . , .~~4JRAi rj . ,. oJ <jji " I -t, I ",' 101 ~.. I\." ./ '\ \ 1 ~ . I ~ j I.: ,;'1 . ' ; I ':'/ M i .' ." ,,' -'. ..... . ..... I .. . . ~.-..~. .~...~ :."' '~.' . '" >< . ~ .':.. ,. . f" ~. ..' 't. "- ,< >, @ "'"' , ... .. ., ... - ;~c::.~ . .~ . "- III . , c., , ~ ~, . - 0 r "j.!1 '). III , . 0 . I .~-: I ~: /' 1:-- '" I , ... , 4.J " IJ .,. "- (, t , 0 , \ ......J ~~ "l ~ .f.- O:x: Clf.. .. ~" ltJll:l; I . , . '.~ -~ .. " .... ~1 ~ :.:[ ~Ii ~ Ii ~. : II ~ N , iL ~ ; I '~" 0 L ~,. ~-"'T\ ''''~~\.::=~'..''-~4''-''''''~4 J' - ?'\ ~-CF-O U>"'.t. "Cart. ~~l :. ....At1aCIIIInt ~ r.J~cA-L 'J,",...~,r(v~~~:t;.,J;~;:;J1jit..;}~~~. ~':,:,{'rM'-;'.,l.,"~,::"'<..'::;C:;,'<I,:~~~-f'-"'J,;"r,~,~'t~I:;~~/ ~"f~J/ '.. l'..il '" 7'~..''''V' '-', ~ ~ rj~:...~;f:JJ.f~'..';'~Y;~}$;ff.,/"f?;:fil :1~t;~ fi~~l/:';;; ,t-y,€~t;7~~~~'::'j~~~ If!~IN, ~ ;tifA'lI.!',.-:. ~~~--:. .... ' :,~~i,:J!E!~1Jj~~}i?;t'~'f~~~~;~1;i;~t~t~'~;~~~~~~f~~: ~,t"~,.,~l'~'~/~~;.~~~~~~.r,"-s;.~ . .......,;,:.__:.: _,"-1 CJj 0... ~ J:f;J ?If~g-{)<;i) R JB~~E l..:tJ: 0 MAY i 2 198.1 DUBUN PlANNING Written Statement Love and Care Preschool has already been developed and operating since July 1982. when Alameda County plans were submitted and school was approved. The school has a home-l~ke atmosphere emphasizing the development of positive self image, basic academic and motor skills and creative enrichment. The program provides the child with a balance of structured and open-ended learning experiences to de- velop cognitive; motor, and effective skills. Skills are presented at a rate~which..is developmentally appropriate. The school's curriculm'prepares a child for kindergarten. Parents participation is encouraged. We work with parents as guidance is needed in the ~rustrations of childTrearing. Visitors from the community are~invited into class room for special programs. Field trips are offered for older childreu. Our children were in a fire prevention film put together by Dublin fire Dept. during month of Dec. All children have the same basic needs; love, guida~ce, acceptance. control,-security. dependence and independence, and a sense of trust and of self-respect. The attitudes and relation- ships of parents and teachers. along with the environment. contribute much to a child"s; rearning. lie at Love and Care feel this is provided and would like to continue serving the Dublin comounity. VA 'Cf3-CSO lLvL"Ca.~ ?~ Attachn81t 4 f5.4,*<.o ;'i .; . '. ~. ..- 166839 iij '- :Statr of QlaHfornia ~epllrfm2nt of ~ocml J;eroias Facility Number: 010 205799 Effective Date: 10/15/85 Expiration Date: 10/14/88 In accordance with applicable provisions of the Health and Safety Code of California, and its rules and regulations, the Department of Social Services, hereby issues Total Capacity: 20 '. t tl1i11 lliirrUBr to SINGLETON, LA VELCA ~. AND Kl~G, CARLENE to operate and maintain a CH I LD CARE CENTER Naml' of lJ1arHity LOVE AND CARE 7624 HIlLRCSE OR. CUaL IN CA 94566 This License is not transferable and is granted solely upon the following conditions and limitations: AMB. LICENSEE FREFERS TO SERVE WELL ChlLCREN AGES 2.c-6 ~RS. HOURS OF OPERATICN ARE 9:00 AM-2:00 PH ~C~DAY-FRIDAY un~2\nXXX~ tilf'.Rx~.\~J/U~rXJ(~ Complaints regarding services provided in this facilily should be directed to: DEPT SOCIAL SVCS, CC~ CARE lIC "(415) 464-1~19 Initial Issue Date: OCT 2 - 1985 ~ ~ Depuly Director, Community Care Licensing Division U~d JOHN W. HAGER1't \ .~ LIC :O)A t121B.:!.1 PUBLIC L r r IN A PROMINENT PLACE '~lO.-'allIIlttu'_~'IL- ._..,.,~:".'~~:: . .. .'" ,-'. .:>::.,.:-':..::":":'. ( .' ;A':; . .~ CITY OF DUBLIN HOME DAY CARE/PRE-SCHOOL STANDARDS 1. The number of children on the premises at anyone time shall be limited to a maximum of 12. 2. Hours of operation for the day care/pre-school center shall be limited to the hours betveen 7:00 a.m. and 6:00 p.m_ 3. Outside play activities shall not occur prior to 8:00 a_m. 4. School noise shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. 5. The existing driveway shall be kept clear to accommodate vehicles dropping off and picking up children attending the .facility. 6. The applicant shall submit evidence to the Planning Director that the appropriate licenses and vermits to operate a day care/pre-school have been obtained from the State. 7. At the minimum, on an annual basis the day care/pre-school operator shall make arrangements to have the Dublin Police Services Child Abuse Program, or an equivalent program, presented to the day care/pre-school starr and children attending the facility. 8. Uoon termination of the day care/pre-school use, the applicant shall reconvert the garage to make it accessible for parking cars. 9. The aoolicant shall pos~ a bond, lette~ of credit, or cash deposit with the City or Dublin in the a~ount of five hundred dollars (S500.00) to secure a faithful perrormance or the garage conversion. Said bond, letter of credit,. or cash deoosit, shall guarantee that those funes will be availabie and that the expiration date of the instru~ent of credit viII correspond with the expiratio~ date or the day care use permit. 10. No sign advertising the day care use shall be installed on the property. MO'H/ao 2/25/86 PA-*e5-0..:::0 . ~ Lev!. ... c.o..><- '?~ AttachnEnt 0 ?j.(""j:l.