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HomeMy WebLinkAboutPC Reso04-04 PA03-066 6851 Langmuir Ln LgFamDaycr CUP RESOLUTION NO. 04 - 04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT AT 6851 LANGMUIR LANE (PA 03-066) WHEREAS, Kelly Childers, submitted an application requesting approval of a Conditional Use Permit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary use within an existing single-family residence in a Single-Family Residential (R-l) Zoning District, located at 6851 Langmuir Lane; 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 because it is a Large Family Day Care Home; and WHEREAS, the Planning Commission held a public hearing on said application on February 10, 2004; 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 Daycare Home is compatible with other land uses, transportation and service facilities in the vicinity because noise and traffic impacts will be minimized by restrictions on the hours of operation, the small amount of services required, and the low number of trips generated. B. The use will not 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 all local and State regulations will be met. C. The use will not be injurious to property or improvements in the neighborhood because the daycare home will minimize noise impacts and traffic impacts through limits on the number of children enrolled and the hours of operation, and the children will be in a licensed daycare facility. 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 as the site is improved for residential daycare use. E. The subject site is physically suitable for the type, density and intensity of the use being proposed. F. The Large Family Daycare 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 it is a residential use. G. The Applicant has submitted a log which states that parents drop-off and pick-up children at various times of the day; that parents remain at the site between 3.5 and 6 minutes; and that the time between different parents' arrivals range on average from 9 to 13 minutes. In addition, the Applicant's log states that on a typical day, one or fewer cars are parked on the street within the project vicinity. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 03-066, a Large Family Daycare Home Conditional Use Permit application, as generally depicted by the floor plan, dated received October 21, 2003, and project plans dated received November 25, 2003 and January 22, 2004, stamped approved and on file with the Dublin Planning Department, subject to the conditions below. BE IT ALSO RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve a parking and loading reduction of one (1) off-street parking spaces and four (4) off-street loading spaces because the daycare employees will be residents of the daycare home; the staggered drop-off and pick-up times typical of the Family Day Care Home will reduce parking and loading demand; the number of on-street parking spaces in the project vicinity is sufficient; and the availability of on-street parking is sufficient. The Zoning Ordinance parking requirements are, therefore, excessive in this case, and overflow parking will not adversely impact adjacent uses. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use (having more than 8 children in the Da¥care Home), and shall be subject to Planning Department review and approval. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. PLANNING CONDITIONS 1. This Conditional Use Permit approval for PL Ongoing Standard PA 03-066 is to allow the operation of a Large Family Day Care Home at 6851 Langmuir Lane in a R-1 Zoning District. This approval shall generally conform to the project plans and statements stamped approved, consisting of a Site Plan, dated NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. received by the Planning Department on November 25, 2003; Written Statement, dated received October 21, 2003; and Floor Plans, dated received by the Planning Department on October 21, 2003 and January 22, 2004. 2. The maximum number of children present PL Ongoing Standard at the daycare facility at any one time shall not exceed 14. 3. The large family Daycare Home shall PL Ongoing Standard operate Monday through Friday between the hours of 7:30 a.m. and 6:00 p.m. and shall be closed on the weekends. 4. Children sounds shall be controlled so as PL Ongoing Standard not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 9:00 a.m. 5. The operator of the Center shall require PL Ongoing Standard that children remain either inside the Center or in the backyard for pickup by their parent or guardian. 6. Prior to the establishment of this use, the PL Ongoing Standard operator shall submit a copy of the approved State Department of Social Services License Permit for the operation of a Large Family Daycare Home. 7. On a continuous basis, the Applicant shall PL Ongoing Standard provide the City of Dublin Planning Department with a current Daycare operating license issued by the State of California Department of Social Services. 8. This use shall comply with all applicable PL Ongoing Standard Planning, Building, Alameda County Fire Department, Police Department, Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. 9. This approval shall be null and void in the PL Ongoing Standard event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 10. The occupants of the home shall have no PL Ongoing Standard more than two vehicles parked at the project site as long as a daycare home is being operated at this address. 11. The Applicant shall be responsible for PL Ongoing Standard cleanup and disposal of project related trash in order to maintain a clean and litter NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. free site. 12. No signage advertising the daycare home is PL Ongoing Standard permitted. 13. No future modifications to the site or PL Ongoing Standard exterior portion of the residence shall be made without prior review by the Director of Community Development, and must comply with all applicable zoning, building code and engineering regulations including issuance of building permits. 14. At any time during the effectiveness of this PL Ongoing Standard approval, the approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. FIRE CONDITIONS 15. The daycare use is limited to the first floor F Ongoing Standard of the home only. Daycare shall be conducted in the classroom, dining room and living room shown on the project plans, stamped approved and on file. No other rooms in the house shall be used as part of the operation of the daycare. 16. Residential smoke detectors shall be F Ongoing Standard required in all areas used by the daycare. 17. Provide a 2A10BC fire extinguisher in the F Ongoing Standard daycare area. 18. Provide a manual pull station in an F Ongoing Standard approved location tied to a fire alarm signal that is 15 decibels above ambient noise levels. 19. Exit doors must be openable from the F Ongoing Standard inside without any special knowledge, effort, or the use of a key. Deadbolts shall open when the lever hardware is used and no additional chains or latches are allowed. 20. An address shall be provided on the house F Ongoing Standard that is clearly visible from the street. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 21. An on site inspection is required prior to F Ongoing Standard Fire Department approval. The City inspection fee is $80.00, and an inspection is required by State Licensing which may also require a fee. POLICE CONDITIONS 22. The daycare director shall file a Capacity PO Ongoing Standard Increase Form with Community Care Licensing to ensure that the facility can adequately and safely serve the proposed increased number of children. 23. State law and Dublin Police Services PO Ongoing Standard require the daycare director and all staff member(s) to be trained as mandated reporters of suspected child abuse. The Daycare director shall, at a minimum of once-a-year, make arrangements to have th~ Dublin Police Services Child Abuse Prevention Program, or an equivalent program approved by Dublin Police Services, presented to the Staff and childrer attending the facility. A certification of the presentation of such a program shall be submitted to the Planning Department on a yearly basis. 24. The Dublin Police Services Department PO Ongoing Standard shall conduct an on-site inspection. OTHER 25. The Applicant shall provide required B Ongoing Standard disabled access to and egress from the home. Two exits are required for more that 10 occupants. Exits shall be openable a minimum of 32 inches of clearance. PASSED, APPROVED AND ADOPTED this 10th day of February, 2004. AYES: NOES: ABSENT: ATTEST: Cm. Nassar, Jennings, King, and Machtmes ~-i'an~ing Manager P~gCommlsslon.., Vice Chairperson G:\PA#~003\03-066 \CUP\PC Reso.doc