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HomeMy WebLinkAboutPC Reso04-71 PA 04-049 Newstart Daycare Ctr CUP RESOLUTION NO. 04 - 71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR P A 04-049 NEW START DA YCARE CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME AT 5491 ASTERWOOD DRIVE WHEREAS, Leonard Dixon, 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 Planned Development Zoning District, located at 5491 Asterwood Drive; 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, because it is a Large Family Day Care Home; and WHEREAS, the Planning Commission held a public hearing on said application on December 14, 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 ofthe 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. BE IT ALSO RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve a parking and loading reduction of three (3) off-street loading spaces because the staggered drop- off and pick-up times typical ofthe 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. BE IT FURTHER RESOL VED THAT THE Dublin Planning Commission does hereby conditionally approve P A 04-049, a Conditional Use Permit application to operate a Large Family Daycare Home, as generally depicted by the Site Plan, Floor Plan dated received November 12,2004, and written statement dated received September 15, 2004, stamped approved and on file with the Dublin Planning Department, 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 or establishment of use (having more than 8 children in the Daycare Home), and shall be subject to review and approval by the City of Dublin. The following codes represent those departments/agencies responsible for monitoring compliance ofthe conditions of approval: [PL.] Planning, [B] Building, [PO] Police, and [F] Alameda County Fire Department. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED iï1 DEPART. i:i:ik: k:k: HHH; ······;..YII..···..IHHY......·.·....···..;i..Yi .···.·..·.·.i..ii iW:i:HH Y.¡¡·...¡;.·.···¡Y···¡.n¡w .nt II 1. This Conditional Use Permit approval for PL Ongoing Standard P A 04-049 is to allow the operation of a Large Family Day Care Home at 5491 Asterwood Drive in a PD (Planned Development Zoning District. This approval shall generally conform to the project plans and statements stamped approved, consisting of a Written Statement, Site Plan and Floor Plan (Dated received by the Planning Department on November 12, 2004. 2. The maximum number of children present PL Ongoing Standard at the daycare facility at anyone time shall not exceed 14. 3. The large family Daycare Home shall PL Ongoing Standard operate Monday through Friday between the hours of7:00 a.m. and 7:00 p.m., and one Saturday per month between 4:00 p.m. and 7:00 p.m. and shall be closed on Sundays. 4. Children sounds shall be controlled so as PL Ongoing Standard not to create a nuisance to the adjoining residential nei2:hborhood. No outside 2 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. activities may take place before 9:00 a.m. and after 6:00 p.m. 5. The operator of the Center shall require that PL Ongoing Standard 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 day care home is being operated at this address. The garage at the subject site shall be kept free and clear for parking the two vehicles during the day care hours of operation so that parking spaces in the driveway and on- street in front of the home are available for emulovee and parent parking. 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 free site. 12. No signage advertising the day care 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 3 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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 subject to citation. IS. The day care may have up to 14 persons as F defined by the licensing agency. 16. Residential smoke detectors shall be F Ongoing Standard required in all areas used by the daycare. 17. Provide a 2A 1 OBC 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. The exits must continue all the way to public way, so if a gate is in the exit path, it must be openable from the inside without special knowledge or effort. 20. An address shall be provided on the house F Ongoing Standard that is clearly visible from the street. 21. An on site inspection is required prior to F Ongoing Standard Fire Department approval (after submission of an 850 form). 22. The Applicant must be licensed and comply PO Ongoing Standard with all State of California Community Care Licensin CCL re uirements. 23. The Applicant must apply for a City of PO Ongoing Standard Dublin Business License. A copy of the approved State of California community Care license must be submitted. All employees, both paid and yolunteer, shall complete a Mandated Reporter class and rovide verification of such. 24. Police Services will periodically make PO Ongoing Standard unannounced inspections of the facility and may require verification of fingerprint clearance for staff members as reported back on the State of California CCL "Personnel Re ort". 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 25. To apply fO~bUilding permits, ~.It!A· Mti Ongoing Standard B Applicant/Developer shall submit eight (8) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. (Issuance of Building Permits) 26. Construction plans shall be fully B Standard dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. (Prior to issuance of building permits) 27. All project construction shall conform to all B Standard building codes and ordinances in effect at the time of building permit. (Through Completion) PASSED, APPROVED AND ADOPTED this 14th day of December 14, 2004. AYES: Cm. Fasulkey, Nassar, Jennings, and King NOES: Cm. 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