HomeMy WebLinkAboutPC Reso 10-34 CUP for Lg DayCare
RESOLUTION NO. 10-34
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAY CARE
HOME AND FOR A PARKING REDUCTION FOR AN INDIVIDUAL USE AT 3930 TAMWORTH
COURT (APN 985-0022-031)
PLPA 2010-00020
WHEREAS, Ranjit K. Samran & Dharminder Ghuman, the Applicants, have requested
approval of a Conditional Use Permit to operate a Large Family Day Care Home, for a maximum
of 14 children, within an existing single-family residence in a PD (Planned Development, PA 95-
030) Zoning District, located at 3930 Tamworth Court; and
WHEREAS, the application also includes a request for a Parking Reduction for an
Individual Use to reduce the parking requirement for a Large Family Day Care Home from four
spaces to three spaces due to the absence of a driveway to provide off-street parking for the
loading/unloading of children at the Day Care facility; and
WHEREAS, the Zoning Ordinance contains development standards and regulations for the
operation of a Large Family Day Care Home; and
WHEREAS, if an application meets all the development standards and regulations, a
Zoning Clearance is granted for the operation of a Large Family Day Care Home. If an application
does not meet all of the development standards and regulations, a Conditional Use Permit by the
Planning Commission must be granted; and
WHEREAS, the proposed Large Family Day Care Home at 3930 Tamworth Court meets
the development standards and regulations contained within the Zoning Ordinance with the
exception of the off-street parking requirements due to the absence of a driveway to provide off-
street parking for the loading/unloading of children at the Day Care facility; and
WHEREAS, the Zoning Ordinance requires that a Large Family Day Care Home provide
two enclosed parking spaces for the dwelling; one space for each employee not residing in the
home; and, one loading space for every six children at the facility. One of the required loading
spaces may be provided on-street if within 150 feet of the dwelling; and
WHEREAS, the proposed Large Family Day Care Home will provide two enclosed parking
spaces for the dwelling and because all employees live in the home, no additional parking is
required for employees; and
WHEREAS, finro loading spaces are required for the Large Family Day Care, one of which
will be provided on-street within 150 feet of the dwelling leaving a parking deficiency of one loading
space; and
WHEREAS, due to the absence of a driveway to provide off-street loading/unfoading of
children and the limitation of one, on-street loading space, the applicant is requesting a Parking
Reduction for an Individual Use for a parking reduction of 1 loading space; and
WHEREAS, a parking study was prepared by a registered Traffic Engineer and concluded
that sufficient on-street parking is available in the immediate vicinity of the project site to provide
for the loading/unloading of children; 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 of the CEQA Guidelines, because it is a Large Family Day Care Home; and
WHEREAS, the Planning Commission held a public hearing on said application on August
24, 2010; 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 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 Day Care Home, as conditioned, is compatible
with other land uses, transportation and service facilities in the vicinity because: 1) the
Large Family Day Care Home complies with State laws and City regulations that require the
primary use of the site to be a Single-Family Residential use with the Day Care as an
accessory use; 2) the noise and traffic impacts will be minimized by restrictions on the
hours of operation and the low number of vehicle trips generated by the Project; 3) a Large
Family Day Care Home with up to 14 children is a Residential use within a single-family
dwelling; and 4) the City Traffic Engineer's parking study determined that because parents
typically park for a very short duration at the project site, granting a reduction of one off-site
parking space will not result in a parking deficiency because seven on-street parking spaces
are available immediately adjacent to the project site located on the south side of East
Chesterfield Circle, and due to their proximity to the project it is reasonable to assume that
these spaces would be used for drop-off and pick-up of children.
B. The Large Family Day Care Home, as conditioned, will not adversely affect the healfh or
safety of persons residing or working in the vicinity, or be detrimental to the public health,
safety and welfare because: 1) the Large Family Day Care Home will comply with all City of
Dublin and State of California regulations; 2) the Large Family Day Care Home will be
located at an existing single-family residence; 3) the City of Dublin Zoning Ordinance
defines a Large Family Day Care as a Residential use and therefore the use is compatible
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with the neighborhood; 4) the Day Care facility will be licensed by the State of California;
and, 5) there is sufficient on-street parking available for the loading/unloading of children so
that parking will not be an adverse impact on surrounding neighbors.
C. The Large Family Day Care Home, as conditioned, will not be injurious fo 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, the hours of operation, and the hours in which outdoor activities can occur and 2)
there is sufficient on-street parking available for the loading/unloading of children to support
the Day Care.
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: 1) the Large Family Day Care Home is
located within an existing residential dwelling within a single-family residential neighborhood
where such services are already provided and with adequate street access.
E. The subject site is physically suitable for the type, density and intensity of the use being
proposed because: 1) the Large Family Day Care Home will be located on an existing site;
2) the Day Care complies with State laws and City regulations that require the primary use
of the site to be a Single-Family Residential use with the Day Care as an accessory use; 3)
the site is surrounded by single-family residential homes; 4) two enclosed spaces will be
provided in the garage and one loading space will be provided on-street within 150 feet of
the dwelling; 5) all employees live in the home so no additional parking is required for
employees; 6) Section 8.76.080.13 of the Dublin Zoning Ordinance requires a total of four
parking spaces for the subject property to support the existing single-family residence and
the Large Family Day Care Home, based on the requirement that the residential dwelling
have 2 parking spaces, plus 1 loading stall per every 6 children served by the facility
(requiring 2 loading spaces); 7) the Dublin Zoning Ordinance permits a reduction in the
required number of parking spaces when the required findings can be met; and 8) the
requested parking reduction for one loading space has been determined to be warranted
based on the sufficient on-street space available along East Chesterfield Circle by the City's
Traffic Engineer.
F. The Large Family Day Care Home is not contrary to the specific intent clauses,
development regulations, or performance standards established for the zoning district in
which it is located because: 1) Section 8.12.050 of the Dublin Zoning Ordinance permits a
Large Family Day Care in all Residential zoning districts, including the PD in which the
project site is located, with approval of a Zoning Clearance by the Community Development
Director or a Conditional Use Permit by the Planning Commission or City Council, on
appeal.
G. The Large Family Day Care is consistent with the Dublin General Plan because: 1) the
Large Family Day Care Home is a residential use and is consistent with the General Plan
Land Use of Medium-Density Residential; 2) the use is permitted with a Conditional Use
Permit and meets the purpose and intent of the zoning district in which it is located; and, 3)
as conditioned, the Large Family Day Care Home will operate in such a manner as to limit
impacts on the surrounding properties.
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BE IT RESOLVEp THAT THE Dublin Planning Commission does hereby approve a
Parking Reduction for an Individual Use for one off-street loading space because the short
duration of drop-off and pick-up times of a typical Family Day Care Home will reduce the parking
and loading demand and the number of on-street parking spaces in the project vicinity is sufficient.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PLPA 2010-00020, a Conditional Use Permit to operate a Large Family Day
Care Home and for a Parking Reduction for an Individual Use at 3930 Tamworth Court, as
generally depicted in the project plans and written statement dated received May 21, 2010 and
June 23, 2010, stamped approved and on file in the Planning Division, subject to the conditions
below.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits, and shall be subject to Planning Division 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; [PCS] Parks and Community Services; [F] Dublin Fire
Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO]
Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control
and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and
[CHS] California Department of Health Services.
When
NO. CONDITIONS OF APPROVAL Agency Required, Furce
Prior to:
GENERAL
1. Approval. This Conditional Use Permit PL On-going Standard
approval for PLPA-2010-00020 allows for the
operation of a Large Family Day Care and for a
Parking Reduction for an Individual Use at 3930
Tamworth Court in a Planned Development
Zoning District (PA 95-030). This approval shall
generally conform to the project plans and
written statement stamped approved and on file
in the Planning Division, consisting of a Written
Statement (dated received June 23, 2010) and
Plans dated received Ma 21, 2010).
2. Maximum Number of Children. The maximum PL On-going Planning
number of children present at the Day Care at
an one time shall not exceed 14.
3. Hours of Operation. The Large Family Day PL On-going Planning
Care shall operate Monday through Friday from
7:30 a.m.-5:30 .m.
4. Noise. All noise associated with the Large PL On-going Planning
Famil Da Care shall be controlled so as not to
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create a nuisance to surrounding residences.
Outside activities shall be limited to the rear of
the home from 10:30 a.m.-11:30 a.m., and from
3:30 p.m.-4:00 p.m. as indicated in the Written
Statement dated received June 23, 2010.
5. Supervision of Children. The Applicant shall PL On-going Planning
ensure that all children remain inside the home
or within the backyard at all times. All children
shall be within the control of a responsible adult
when being dropped off and picked up. No
children shall be allowed to be outside the home
unsu ervised at an time.
6. Community Care License. The Applicant shall PL, PO Prior to Planning
submit to the Planning Division and Dublin Establishing
Police Services a copy of the approved State of the Use
California Community Care License Permit for
the o eration of a Lar e Famil Da Care.
7. Maintaining a Valid Community Care License. PL On-going Planning
The Applicant shall maintain a valid Community
Care License issued by the State of California at
all times.
8. Compliance with Applicable Codes and Various On-going Planning
Regulations. The Applicant shall comply with
all applicable Planning, Building, Dublin Fire
Prevention, Dublin Police Services, Dublin San
Ramon Services District and State of California
Department Community Care Licensing
re ulations and ordinances at all times.
9. Null and Void. This Conditional Use Permit PL Within 2 Years Planning
approval for a Large Family Day Care shall be of Approval
null and void in the event that the Large Family Date and On-
Day Care fails to be established within two years going
of this Conditional Use Permit approval date, or
ceases to operate for a continuous one-year
eriod after bein established.
10. Parking. The occupants of the home shall have PL On-going Planning
no more than finro vehicles parked at the Project
site as long as the Large Family Day Care is in
operation. The garage at the subject site shall
be kept free and clear for the parking of two
vehicles during the Day Care hours of operation
so that adjacent parking spaces on East
Chesterfield Circle are available for
loadin /unloadin of children.
11. Clean Up and Disposal of Trash. The PL On-going Planning
Applicant shall be responsible for cleanup and
disposal of all trash associated with the Large
Famil Da Care in order to maintain a clean
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and litter free site at all times.
12. Signage. No signage advertising the Large PL On-going Planning
Family Day Care shall be displayed at the
Pro'ect site at an time.
13. Future Site and/or Building Modifications. PL On-going Planning
No future modifications to the site or exterior
portions of the residence shall be made without
prior review and approval by the Director of
Community Development; all modifications must
comply with all applicable Zoning, Building Code
and Engineering regulations including issuance
of Building Permits, Encroachment Permits or
an other a licable Permit.
14. Revocation. At any time during the PL On-going DMC
effectiveness of this Conditional Use Permit 8.96.020.1
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
sub'ect to citation.
BUILDING DIVISION
15. California Building Code Section 445.1. Per B Final Building
Section 445.1 of the California Building Code, all Inspection and
Large Family Day Care Homes shall have the On-going
following in their home in order to operate:
• Smoke alarms-Per Section 445.3 CBC
• Fire extinguishers (minimum 2A106C
rated)-Per Section 445.4 CBC
• Fire alarm device-Per Section 445.5
• Compliance-Per Section 445.6: "The first
floor shall be designated as the floor
used for residential occupancy nearest
to the street level which provides primary
access to the building."
• Special hazard-Per Section 445.7:
"Every unenclosed gas-fired water
heater or furnace which is within the
area used for child care in a large family
day care home shall be protected in
such a way as to prevent children from
making contact with those appliances.
Exceptions: This does not apply to
kitchens, stoves or ovens."
FIRE PREVENTION
16. Required Fire Inspection. Please provide two F Completion Fire
working days notice for inspection requests.
Ins ections ma be scheduled b callin 925
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833-6606. The following inspections shall be
obtained from the Fire Prevention Bureau after
Communit Care Licensin 850 form re uest.
17. Local Fire Alarm Device Required. A fire F Completion 2007 CFC
alarm device shall be installed so as to provide a 907.2.3
distinctive tone and shall be audible throughout
the structure. The device shall be attached to
the structure.
18. Fire Extinguisher. The fire extinguisher shall F Completion DMC
be visible and unobstructed. Signage shall be 903.2.2
provided to indicate fire extinguisher location.
The fire extinguisher shall meet a minimum
classification of 2A 106C.
19. Smoke Alarm. A single station smoke detector F Completion 2007 CFC
is re uired in or ad'acent to the child care area. 1006
POLICE
20. City of Dublin Business License. The PO Prior to Police
Applicant must apply for a City of Dublin Occupancy
Business License. A copy of the approved State
of California Community Care license must be
submitted.
21. Safety Talk. The applicant shall schedule a PO Within first Police
safety talk with City of Dublin Crime Prevention three months
Unit within the first three months of o enin . of opening.
DUBLIN SAN RAMON SERVICES DISTRICT DSRSD
22. Standard Conditions. Prior to issuance of any DSR Through DSRSD
building permit, complete improvement plans Construction
shall be submitted to DSRSD that conform to
the requirements of the Dublin San Ramon
Services District Code, the DSRSD "Standard
Procedures, Specifications and Drawings for
Design and Installation of Water and
Wastewater Facilities", all applicable DSRSD
Master Plans and all DSRSD olicies.
23. Prior to issuance by the City of any Building DSR Issuance of DSRSD
Permit or Construction Permit by the Dublin San Building Permit
Ramon Services District, whichever comes first, or Construction
all utility connection fees including DSRSD and Permit by
Zone 7, plan checking fees, inspections fees, DSRSD
connection fees, and fees associated with a
wastewater discharge permit shall be paid to
DSRSD in accordance with the rates and
schedules established in the DSRSD Code.
24. The applicant shall hold DSRSD, its Board of DSR Completion DSRSD
Directors, commissions, employees, and agents
of DSRSD harmless and indemnify and defend
the same from an liti ation claims, or fines
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resulting from the construction and completion
of the ro'ect.
PASSED, APPROVED AND ADOPTED this 24th day of August, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: ~
PI ning C mmis ion C
;
C
Planni g M ager
G:IPA#120101PLPA-2010-00020 Samran Large Family Day Care
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