HomeMy WebLinkAbout09-18-1989 Item 8.1 PA89-098 Eleanor's Daycare CUP
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: September 18, 1989
TO:
Planning Commission
FROM:
Planning Staff
~~
Laura Hoffmeister, Associate Planner
REPORT PREPARED BY:
SUBJECT:
PA 89-098 Eleanor's Daycare Conditional Use
Permit
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit to re-establish a daycare
facility for up to 34 children
APPLICANT:
Eleanor A. Todd
655 Abrigo Court
San Ramon, CA 94583
PROPERTY OWNER:
J. B. and Veena Kinhal
1251 S. Meadow Lane #145
Colton, CA 92324
LOCATION:
7890 Oxbow Lane
ASSESSOR PARCEL NUMBER:
941-172-50
PARCEL SIZE:
6600~ square feet
GENERAL PLAN
DESIGNATION:
Single-Family Residential (.9 - 6.0 units/acre)
EXISTING ZONING
AND LAND USE:
R-l-B-E (Single-Family Combining District)
SURROUNDING LAND USE
AND ZONING:
East
West
Single-Family Residential (R-l-B-E)
Office and Vacant (C-O, Commercial
Office)
Single-Family Residential (R-l-B-E)
Single-Family Residential (R-l-B-E)
North:
South:
ZONING HISTORY:
January 28, 1973 - Alameda County approved a Conditional Use Permit to
allow a preschool for 30 children. Building permits were issued
allowing the garage conversion and interior modification necessary for
the daycare use.
June 18, 1975 _ Alameda County approved Conditional Use Permit to allow
the continued operation of a preschool now for up to 34 children.
October 29, 1980 - Alameda County approved a Conditional Use Permit to
allow the continued operation of a preschool for 34 children.
August 5, 1985 - Dublin Planning Commission approved a Conditional Use
Permit (PA 85-058) to allow the continued operation of a daycare for up
to 34 children. This permit expired on August 5, 1988.
August 25, 1988 - Conditional Use Permit request (PA 88-088) submitted
to consider continued operation of daycare facility for 34 children.
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ITEH NO.
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COPIES TO: Applicant
Owner
File PA 89-098 ~
"
January 23, 1989 - Conditional Use Permit request (PA 88-088) withdrawn
by Applicant. Applicant withdrew request upon notification by State
that the required State Community Care License could not be issued to
this Applicant for a large daycare. Applicant/Operator reduced
operation to six children.
March 6, 1989 - Conditional Use Permit request (PA 89-007) submitted to
consider re-establishment of a daycare operation of up to 34 children.
April 3, 1989 - Planning Commission continued consideration of PA 89-007
indefinitely as Applicant had contacted Staff and gave verbal statement
of withdrawal.
April 28, 1989 - Planning Staff closed out PA 89-007 as Applicant had
notified the City that they were no longer interested in pursuing the
project.
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 daycare 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 required parking shall be provided and maintenance when a use is
established and/or the 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 no or negligible expansion of use
beyond that previously existing (single-family
residence used as a daycare facility)
NOTIFICATION: Public Notice of the September 18, 1989, hearing was
published in the local newspaper, mailed to adjacent property owners,
and posted in public buildings.
-2-
ANALYSIS:
Eleanor's Daycare is applying for a Conditional Use Permit to allow the
re-establishment of a daycare facility for a maximum of 34 children at 7890
Oxbow Lane. The Applicant's proposal would involve care of 2 to 5 year-olds
during the weekdays from 7:00 a.m. to 6:00 p.m.
Alameda County originally approved a daycare center at this site in 1973
and was subsequently extended in June 1986 and October 1980 (permit expired in
1985). The City approved a three-year Cond~tional Use Permit in October 1985.
A previous request to this permit was withdrawn when the Applicant was
unable to obtain a State license. The Applicant's operational hours and
set up would be similar to the previous operator's. Staff has reviewed the
City records for the previous daycare operations. During the previous
operations no complaints were received.
Staff has noted though that the garage was converted without submittal
of building permits or the bond the City requires to offset cost of
reconversion the garage after the daycare use has ceased.
Staff inspection of the site has revealed that the yard maintenance has
been severely neglected and most of the landscaping has died. Staff has
discussed with the Applicant reestablishing the yard landscaping. The
Applicant has indicated a willingness to improve the landscape conditions
relating to yard improvement and it has been included in the draft resolution.
A zoning violation occurred when the last operator continued care for
more than 6 children after withdrawal of the City application. After being
contacted by the City's Zoning Investigator, the previous operator reduced the
daycare to six children, therefore was not subject to further City
regulations.
Since there have been problems in daycare operations at this location,
Staff is recommending that this use permit be approved with a one-year
probationary period and up to a two-year extension by the Planning Director if
the appropriate findings and conditions continue to be met.
The Applicant has obtained review and verification from the City
Building Department that the building complies with applicable codes, City
Staff has also contacted the State Department of Social Services and verified
that the Applicant's license request is acceptable and being processed for
approval.
As the Planning Commission is aware from previous applications, there
appears to be a tremendous need for daycare 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, subject to the recommended
conditions listed in the draft resolution.
RECOMMENDATION:
FORK-\T:
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
PA 89-098, or give Staff and Applicant direction and
continue the matter,
ACTION:
Staff recommends the Planning Commission adopt the attached
Resolution (Exhibit A) approving Conditional Use Permit PA 89-098.
-3-
ATTACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Resolution approving Conditional Use Permit PA 89-098
Site Plan
Floor Plan
Background Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Location Map
Applicant's Statement
City of Dublin's Home Daycare/Preschool Standards
-4-
RESOLUTION NO. 89-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 89-098 ELEANOR'S DAY CARE CONDITIONAL USE PERMIT TO ALLOW THE RE-
ESTABLISHMENT OF A DAYCARE AT 7890 OXBOW LANE
WHEREAS, Eleanor A. Todd filed an application for a Conditional Use
Permit to allow the re-establishment of a daycare for a maximum of 34 children;
and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on September 18, 1989; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and has been
found to be categorically exempt; 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; and
WHEREAS, the proposed land use is conditionally approved and 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:
a. The use is required by the public need because both single and
married parents who work need daycare facilities.
b. The use will be properly related to other land uses, transportation
and service facilities in the vicinity as daytime activities will be
commensurate with the present use of properties in the neighborhood.
c. The use, if permitted, 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 to property
or improvements in the neighborhood, as all applicable regulations
will be met, including issuance of State license prior to operation
commencing.
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 lcoated, as a daycare facility is consistent with the chararcter
of the residential district,
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve said application as shown by the attached materials
labeled Exhibit Band C and on file with the Dublin Planning Department subject
to the following conditions:
1. Prior to any operation of a daycare of more than six (6) children, the
Applicant shall submit to the Planning Department copies of all
. applicable State licenses and permit to operate a daycare/preschool.
2. The daycare shall be limited to a maximum of 34 children.
3. The daycare operator shall on an annual basis, at a minimum, make the
necessary arrangements to have the Dublin Police Services Child Abuse
Program or an equivalent program, presented to the children involved with
this daycare and the Staff.
EXHIBIT A
PA:
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4. School noise shall be controlled so as not to create a nuisance to the
adjoining residential neighborhood. Hours shall be 7:00 a.m. to 6:00
p,m. No outside activities are to occur until after 8:00 a.m.
5. Any sign(s) advertising the daycare that are non-conforming shall be
removed.
6. The driveway shall be kept clear to accommodate vehicles dropping off and
picking up children attending the facility.
7. The Applicant shall arrange with the Building Department for an
inspection to verify that construction modifications, use and occupancy
comply with applicable building codes.
8. No modifications to the site or exterior portion of the structure shall
be done prior to the review and approval by City, State, and State
Department of Social Services.
9. The Applicant shall comply with the City of Dublin Home Daycare/Preschool
Standards (Attachment 3) including submittal of bond for garage
conversion.
10. This permit shall be valid for a probationary period of one (1) year,
ending on September 28, 1990. The approval period for the Conditional
Use Permit may be extended up to two (2) additional years by the Planning
Director upon the Director's determination that the operation during the
probationary period has been satisfactory and the Conditions of Approval
remain adequate to assure that the .stated findings will continue to be
met.
11. Prior to opening as a daycare, the operator shall submit a copy of the
State Department of Social Services License Permit for such an operation.
12. The Applicant shall improve the exterior landscape site conditions.
Specifically, the front yard area shall be replanted with live plant
materials. Yard landscape improvements shall be made within 60 days of
permit effective approval date.
13. This permit shall be revocable for cause in accordance with Section 8-
90.3 of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 18th day of September, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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Planning Dept.
6500 Dublin, Blvd. suite D
Dublin, CA 94568
USE PERMIT APPLICATION
Eleanor A.
655 Abrigo
RECt\VEO~ san Ramon,
837-0722
~UG 011989
~1[\ ~l,'l-Oq 7;
PUBLlN pLANNING.
Todd
ct
CA 94583
at 1890 O"bo~ Lane, Du~n ~hich ~as previouslY licensed for 3'
children.
My plan is to build up to an enrollment of 2' children ~ith another
10 slotS for occasional drop-ins for a total of 3' slots.
My goal is to create a place ~here the young children, ages 2 to 5
years,~ill feel comfortable and safe ~hile the parents need to
perform their routine ~ork or other interests. At the same time
my staff and 1 ~ill maintain open classrooms sO children can de-
veloP their motor skills, develop self-esteem and confidence.
TheY ~ill be introduced to social interaction and learn behavior
patterns as well as learn academicallY,
For the parents 1 ~ant to provide good quality care SO they ~ill be
at ease knowing their children are in a good environment. They ~ill
receive handbookS and hand-outS relating to childhood development,
education, and guidanCe in training their children.
TM co",",unity will benefit as the needs for earlY childhOOd care is
provided. predictions continUe to e~phasize the gro~ing need for
good child care facilities as the ~orking ~o~an nO~ reaching 30 years
~...-!L _ p/&EJ.-a
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Planning Dept.
Use Permit Application
Eleanor A. Todd, page 2
is beginning to plan for a family. The community will benefit as child
,
care providers contribute to the wholesome growth and development of
the future citizens of the community. The child care facilities
will also provide a setting where people of varying cultures can work
together for a common interest.
Enrollment
Admission will occur as needed, and determined on a first come basis.
Parents will receive a contract, rules and guidelines and necessary
forms required by the State and County agencies.
Operation
The hours will be from 7:00 a.m. to 6:00 p.m. Monday through Friday.
Legal holidays will be observed, as well as Christmas and New Year's
day. Children will begin outdoor play around 8:30 a.m..
Nutrition
The center will furnish a hot lunch, a morning and afternoon snack
in accordance with the State nutrition requirements.
Fees
Nonthly fees will be charged due no later than the 5th of each month.
Drop-in fees will be paid at time child is picked up.
A one-time registration fee will be charged for monthly enrollment
at time of admission and will be good for one year from date of
admission. There will be an annual Registration Fee of $35.00, and a
monthly fee of $395.00. Drop-ins will be charged $2.50 per hour.
PAGE~ OF 5:
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I
Planning Dept.
Use Permit Application
Eleanor A. Todd, page 3
Discipline
All young children want to do the right and"expected thing,
,
but they need guidelines within which to function. When a child
displays inconsistent behavior, the child is told to choose
another activity, is monitored by an adult for the length of time
deemed necessary to ensure the behavior will not occur again.
If a child displays inappropriate behavior more than 3 times per day,
or over a protracted period of time, the Director shall verbally
advise the parent of the problem and attempt to work out a solution
together. If the behavior is serious and dangerous and continues
it may be necessary to ask the parent to remove the child from the
center permanently.
Generally a "Time-Out" period is all that is needed for most children.
Experience
I have successfuly operated an infant day care in my home for seven
years, and my assistant has been a teacher for nine years with two
year olds to five year old children, and is presently a Director.
See attached Resumes.
PAGE.;;;2.. OF 5
1989
RESUME OF PROVIDER - ELEl\NOR A. TODD
paised a boy and a girl
Sunday School Teacher, Pre-school
2 years
14 years
2 years
11 years
1 year
1 year
3 years
Foster care - pre-adoptive babies
Children's Services Dept. Alameda County
Juvenile Childrens Services, l\lameda County
School District (San ~orenzo)
Substitute Teacher Program
School Secretary
Special Education Secretary, Texas
Special Services Secretary, Texas
EDUCATION
Chabot College - Certificate Business Supervision
DVC, Pleasant Hill - Child Development Courses -
Pre-School Curriculum
Theory, Child Behavior
Observation of Children
Art for Children
Music for Children
Child, Family, Community
Strategies, Caring for Children
Day Care Management
+ 14 workshops at various campuses, Bishop Ranch,
and child associations, all relating to child
development and family life*.
\'lORK EXPERIENCE, CHILD DEVELOPMENT
Danville Children's Center
Owner, Family Day Care for Infants & Toddlers
3 years
7 years
currently taking course in writing Stories for Children & Teenagers
* Includes workshops on Quality Care for the Future, as well as
positive Discipline
Discipline Guidelines
Establishing Self-Esteem
Developing Motor Skills
Pacing Academic Learning with Intellectual Development
Nutrition
PM;tl-cq9::
RECT:IVEr:f
AUG 011989
DUBLIN PLANNING
PAGE.:L OF .:i-
RESUME - HEAD TEACHER, ASST DIRECTOR - TERRI NORDSTROM
EDUCATION
Monte vista High School Graduate
Diablo Valley College - Early Childhood Education
Pacific Oaks College - ~dministration Supervision
Associate in Arts Degree
Workshops relating to Early Childhood Education
Ongoing courses in the Early Childhood Education Field
I
WORK EXPERIENCE
Danville Children's Center
SITE DIRECTOR - 2 years and currently active
Creating good environment for children and staff
Supervision and training of staff
Curriculum planning
Budget preparation
Interviewing prospective parents
coordinating daily activities
Scheduling staff and children's daily activities
Conferring with parents professionally
Responsible for all aspects of the center
Opening and closing of center daily
TEACHER -
7 years
Planning daily classroom activities
Responsible for room arrangement
Taking care of special needs of children
Attend and participate in staff meetings
Conferring with parents
Coordinating special holiday activities
Assisting Director
Opening and closing of center
TEACHER'S AIDE 6 months
Assist teachers in planning curriculum
Planning daily music activity
Responsible for special needs of children
Assisting children in the daily activities
Helping with lunch preparations and snacks
Maintain housekeeping schedules
Closing center daily
for children
Nursery School Assistant
Children's Center Instruction Certificate
Mainstreaming the Special Child
PlieS cfD0 8;
RECErVEl:'-
AUG 011989
DUBLIN pI H'N
""'I"" I NG
CERTIFICATES OF ACHIEVEMENT
STATE OF CALIFORNIA CHILDREN'S CENTER PERMIT
Certified CPR - American Red Cross
PAGE":s:' OF --')
Member NAEYC (National Association for Education of Young Children
.. '
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 between 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 resideptial 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 permits to operate a day
care/pre-school have been obtained from the State.
7. At the minioum, on an annual basis the day care/pre-school
operator shall wake arrangements to have the Dublin Police
Services Child Abuse Program, or an equivalent program,
presented to the day care/pre-school staff and children
attending the facility.
8. Upon termination of the day care/pre-school use, the
applicant shall reconvert the garage to make it accessible
for parking cars.
9. The applicant shall post a bond, letter of credit, or cash
deposit with the City of Dublin in the amount of five
hundred dollars ($500.00) to secure a faithful performance
of the garage conversion. Said bond, letter of credit, or
cash deposit, shall guarantee that those funds will be
available and that the expiration date of the instrument of
credit will correspond with the expiration date of the day
care use permit.
10. No sign advertising the day care use shall be installed on
the property.
\
HO'H/ao
2/25/86
Attach_ _ 3
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