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HomeMy WebLinkAbout11-21-1983 83-068 RsrrctnChurchChldCareCUPAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: November 21, 1983 SUBJECT: PA 83-068 Resurrection Church Child Care Center Conditional Use Permit EXHIBITS ATTACHED: Pre-Hearing Staff Analysis RECOMMENDATION: o Hear Staff presentation Open public hearing Hear applicant and public presentations Close public hearing Adopt resolution regarding Conditional Use Permit FINANCIAL STATEMENT: None DESCRIPTION: I. BACKGROUND Elaine Skloot, representing the Lutheran Church of the Resurrection, is applying for a Conditional Use Permit to allow an additional child care facility at 7557 Amador Valley Blvd. There is an existing pre-school nursery, for 24 children, on a different portion of the site. The proposed facility would also accommodate 24 children, for an overall total of 48 children on the site. The site is surrounded by single family homes, retail commercial uses, 1-680, and a future office building. II. ISSUES Staff does not perceive any major issues with this application. The proposed facility would be compatible with the zoning and land uses on the site and in the adjacent area. There would be adequate parking and access. The existing child care facility has been in operation for approximately 10 years and has not created a problem for the neighbors. III. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit subject to the conditions of approval as drafted. ITEM NO. 7. Z COPIES TO: Applicant MEMORANDUM TO: FROM: SUBJECT: PRE-HEARING STAFF ANALYSIS Meeting Date: November 21, 1983 Planning Commission Planning Director ~ PA 83-068 Resurrection Church Child Care Center Conditional Use Permit GENERAL INFORMATION PROJECT: This is an application for a Conditional Use Permit to allow an additional child care facility at the Lutheran Church of the Resurrection APPLICANT: Elaine Skloot ASSESSOR PARCEL NUMBER: 941-174-2 and 941-174-3 LOCATION OF PARCEL: 7557 Amador Valley Blvd. PARCEL SIZE: 1 acre PROPERTY OWNER: Lutheran Church of the Resurrection 7557 Amador Valley Blvd. Dublin CA 94568 EXISTING ZONING: PD for C-O (Commercial Office) Uses and a Church and Church School EXISTING LAND USE: Church SURROUNDING ZONING AND LAND USE: North - R-1-B-E - Single Family homes East - Highway 1-680 South - C-1 - Commercial Retail West - PD for C-O Uses - Future Office building SITE/ZONING HISTORY: Conditional Use Permits for daycare facilities were approved in 1973, 1976, and 1981 (C-2680, C-3139, and C-4086). The most recent permit allows continuation of the pre-school nursery for 24 children until September, 1986. Zoning Unit 1501 requires that church and church school uses on the subject property be approved only upon receipt of a Conditional Use Permit by the Planning Commission. APPLICABLE REGULATIONS: Section 8-94.0 of the Zoning Ordinance 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 performance 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 NOTIFICATION: Public Notice of the November 21, 1983, hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS: A daycare facility has been a conditionally permitted use at the Resurrection Church for the last ten years. The present application is to allow an additional child care center of occupy a different portion of the existing building with the existing daycare to remain, once the new sanctuary is completed. From the information provided by the applicant, it is apparent that there is a need for child care in Dublin. The proposed child care facility will accommodate 24 children within a setting that should provide for a safe and reasonable environment. There are some considerations that should be addressed in determining the acceptablility of this application. They are listed and discussed below: 1. Appropriateness of the Use. A child care use within the given church facility is quite compatible with the activities that are likely to occur at the church during the time that children will be in attendance. Play, recreation, sleeping, and training facilities, of sufficient size and area, are available to accommodate the 24 additional children. The adjacent residential uses are about 100 feet away. No complaints have be recorded for the existing use at the subject site in the past, which indicates that a child care facility does not create a problem for neighbors. 2. Traffic and parking. Adequate parking is available on-site for faculty and parents. When the adjacent office building develops, some construction activity may create some circulation and parking problems, however, that should be short-term and not significant. 3. Days and hours of operation. Access to the site is off of Amador Valley Blvd., which is large enough to allow for good traffic flow in both morning and evening hours. Also, the 6:30 a.m. to 6:00 p.m. hours of operation should not cause any noise problem for adjoining neighbnors. Compliance with Building Department and Fire Department requirements. The Building and Fire Departments will need to review building remodeling plans for code compliance. No problems appear to exist which can not be easily resolved. Summary: The proposed child care use is consistent with the use on the proposed site and adjoining property. It will provide a service to meet a public need, and the facility itself lends itself to providing for a safe and reasonable environment for the conduct of a child care operation. PLANNING COMMISSION ACTION REQUIRED The Planning Commission should: 1. Hold a public hearing. 2. Make a decision on the application. 3. Make findings to support the Commission's action. 4. If the Commission approves the Conditional Use Permit, a resolution should be passed to support the decision (see the attached Draft Resolution which includes the required findings for approval). PRE-HEARING RECOMMENDATION It is recommended that the Resurrection Church Child Care Center Conditional Use Permit be approved, subject to the Conditions of Approval as contained in the attached Draft Resolution. Attachments: Location Map Exhibit A: Draft Resolution Proposal Plans Group Child Care Center Proposal Letter from DSRSD Fire Dept. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 83-068 LUTHERAN CHURCH OF THE RESURRECTION CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPEtLATION OF A DAYCAiRE FACILITY IN A PLANNED DEVELOPMENT DISTRICT WHEREAS, Elaine Skloot, for the Resurrection Lutheran Church, has filed an application for a Conditional Use Permit to allow an existing child care center for 24 children to occupy a different portion of the project site in a Planned Development District, located at 7557 A~aador Valley Blvd., Dublin, California (APN 941-174-2 and 941-174-3); and, WHEREAS, the Planning Commission did hold a public hearing on said application on November 21, 1983; 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 provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Pre-Hearing 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 as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need as the population with working parents develops need for 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 affect adversely 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 small scale residential care facility, with limited impacts, 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 labelled Exhibit "A", on file with the Dublin Planning Department, subject to the following conditions: 1) Number of children on the premises at any one time shall not exceed 24; 2) This permit shall terminate and end September 16, 1986. During the effectivetime period, the permit shall be subject to revocation for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance; DP 83-20 3) The requirements of the Dublin Building Inspection Department and the Dublin San Ramon Services District Fire Department shall be met. PASSED, APPROVED AND ADOPTED this th day of , 1983 AYES: NOES: ABSENT: ATTEST: Planning Director Planning Commission Chairman DP 83-20 '~' PARKSRESERVE '::'PARKS RESERVE.: TRAINING AREA CITY PROJECT Project Title _Address OF DUBLIN LOCATION MAP 2 ~6 N 0.4 0,5 0,.6 inches=l mile 0,9 1.0 m~le RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 83-068 LUTHERAN CHURCH OF THE RESURRECTION CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A DAYCARE FACILITY IN A PLANNED DEVELOPMENT DISTRICT WHEREAS, Elaine Skloot, for the Resurrection Lutheran Church, has filed an application for a Conditional Use Permit to allow an existing child care center for 24 children to occupy a different portion of the project site in a Planned Development District, located at 7557 Amador Valley Blvd., Dublin, California (APN 941-174-2 and 941-174-3); and, WHEREAS, the Planning Commission did hold a public hearing on said application on November 21, 1983; 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 provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Pre-Hearing 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 as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need as the population with working parents develops need for 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 affect adversely 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 d) The use will not be contrary to the specific intent clauses er performance standards established for the District in which it is to be located, as a small scale residential care facility, with limited impacts, 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 labelled Exhibit "A", on file with the Dublin Planning Department, subject to the following conditions: 1) Number of children on the premises at any one time shall not exceed 24; 2) This permit shall terminate and end September 16, 1986. During the effectivetime period, the permit shall be subject to revocation for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance; . 3) The requirements of the Dublin Building Inspection Department and the Dublin San Ramon Services District Fire Department shall be met. PASSED, APPROVED AND ADOPTED this , 1983 th day of AYES: NOES: ABSENT: ATTEST: Planning Commission Chairman Planning Director DP 83-20