HomeMy WebLinkAbout6.1 CreativePlayschlCondUsePmt
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CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: July 25, 1995
Appeal of Planning Commission denial. of PA 95"()17, .A
Creative Playschool Conditional Use Permit
REPORT PREPARED BY:Jeri Ram, Associate Planner~
SUBJECT:
EXHIBITS A'ITACHED: Exhibit A: /Negative Declaration
Exhibit B: /Resolution Approving Negative Declaration
Exhibit C: /Resolution Approving Conditional Use
Permit
Exhibit D: ,/ Resolution Denying Conditional Use
Permit
Attachment 1: Area Location Map/'
Attachment 2: Planning Commission Minutes/Resolution ,/
Attachment 3: Letter from Mr. Krekorian to /
Planning Commission
Attachment 4: Petition /
Attachment 5: Letter Appealing Planning CommiSSion /
Decision from Janet Zupetz and Dawn
Bowen
Attachment 6: Location Map L
Attachment 7: Applicant's Written Statement /"
Attachment 8: Original and Alternative Site Plans (with/
written description)
RECOMMENDATION:
/.~
if
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation
Take testimony from the Applicant and public
Question Staff, Applicant and public
Close public hearing and deliberate
Options for Action:
A. Aclopt Resolutions Approving Negative
Declaration (Exhibit B) and Conditional
Use Permit (includes Alternative 1 Site
Plan) (Exhibit C). or,
B. Adopt Resolution Denying Conditional
Use Permit (Exhibit D).
FINANCIAL STATEMENT: None
BACKGROUND:
Project Description:
A Conditional Use Permit for a day care center in a single family home at 6837
Amador Valley Boulevard that will have a maximum student attendance of 30 chi1dtal,
ages 2 through 5 years. The Center will operate Monday through Friday from 7:00
A.M. to 6:30 P.M. There will be no residential occup~cy at the site.
A Creative Playschool would be in proximity to three schools in the area
(Attachment 1). It would, therefore, be convenient for parents with older children
attending the neighborhood schools. Additionally, the comer location is beneficial for
~#--~-"""-""'-CC;;ESTO:~
CITY COUNCn.. ST. REPORT e
P A 95-017. A Creative Playschool Conditional Use Permit
Land Use/General Plan:
The existing land use and zoning districts for the site and surrounding properties.
are all single family residential, R-I-B-E. The City's Zoning Ordinance recognizes
that daycare facilities in residential areas are compatible with the intent of the var1ou$
residential zoning districts in the City. A day care center in a residential area is
consistent with the City's General Plan.
Environmental Review:
A Negative Declaration has been prepared for the project pursuant to the
California Environmental Quality Act (CEQA), the StateCEQA Guidelines, and the
City of Dublin Environmental Guidelines. The Initial Study evaluated issues relating to
noise, parking, land use and traffic, among others. It was determined that the proposed
project will not have a significant effect on the environment. A copy of the proposed
Negative Declaration is attached to this report as Exhibit A.
State of California Policy:
The legislature of the State of California has adopted laws to encourage child
care centers in residential areas. It is a public policy of the State of California to
provide child care facilities in the same type of environment as the regular home
setting.
State law does permit jurisdictions to place conditions to ensure that proposed
day care centers in single family residences, with a capacity of7 to 12 children comply
with local ordinances. A local jurisdiction cannot deny approval of that classification
of child care center unless for some reason it does not comply with local ordinances.
Proposed centers in residential areas that exceed 13 children are regulated
differently under State law. ,This classification of center can be regulated with a
conditional use permit (as is required in DUblin). An explanation of the findings that
must be made to approve a conditional use permit in Dublin is set forth below under
"City Regulations" .
City Reiulations:
Section 8-26.2(a) of the Dublin Zoning Ordinance states that a community
facility (which inclUdes a daycare facility, Section 8-20.10) may be permitted as a
conditional use within the R-l Zoning District.
Section 8-94.0 of the Dublin 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 u2leS, transportation and
service facilities in the vicinity; 3) whether or not the use will materially affect the
health or safety or 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.
Planning Commission Meetini:
The Planning Commission held a public hearing on this item on June 19, 1995
(Attachment 2). At the hearing several neighbors spoke in opposition to the project.
Mr. Don Krekorian who lives next door to the proposed project submitted a letter to
the Planning Commission (Attachment 3). A petition was also submitted opposing the
center, signed by 33 people (Attachment 4). Issues discussed by the public included
traffic, accident history, noise, parking, child safety and property values.
2
CITY COUNCn.. ST. REPORT e
PA 95-017~ A Creative Playschool Conditional Use PeQnit
The Planning Commission indicated that their main area of concern was traffic
at the intersection of Brighton Drive and Amador Valley Boulevard. They were
concerned that the Center would cause congestion and parking problems in the morning
as parents dropped their children off at the Center. Several Commissioners indicated
that while the use was needed in the City, this was not a good location. The Plannhlg
Commissioners unanimously denied the application (Attachment 2).
The Applicants, Janet Zupetz and Dawn Bowen, filed an appeal with the City
Clerk on June 27, 1995 (Attachment 5).
ANALYSIS:
Noise: .
Staff reviewed the possible noise impacts of this use on the adjacent
homeowners. The backyard play area abuts two residences (Attachment 6). The
residence to the north at 6842 Brighton Drive faces on Brighton Drive and therefore its
side yard would be adjacent the Center's rear yard. The home to the west,at 6849
Amador Valley Boulevard is oriented in the same direction as the Center. Therefore
the two backyards are adjacent each other. No other residence wouldabl1t the Center.
The Applicants have noted in their written statement that a maximum of ten children,
under staff supervision, would be outside playing at a time <Attachment 7). The
Applicants have prepared three alternative site plans in response to concerns expressed
by neighbors at the Planning Commission Meeting (Attachment 8). On all the
Alternatives they have proposed to increase their rear yard fence to 8 feet and plant
shrubs along it. This would help to reduce noise and increase the adjacent neighbor's
privacy.
The Center would be closed during the evening and weekend hours when most
homeowners typically enjoy their rear yards. It should be noted that, if the residence
was occupied by a family with children, it is likely that the backyard pool area in the
evening and weekend hours would be more noisy than the Center. The Applicants plan
to fill in the pool and have backyard supervised play dllringthe non-weekend daytime
hours.
Parking. Traffic and Accidents:
At maximum capacity, A Creative Playschool would have a staff of four
persons. All staff parking would be provided on site; two within the existing garage
and two on the driveway. Additionally, concrete would be poured adjacent the
driveway and the path to the house. This would provide for two on site parking .space$
for parents visiting the Center, in addition to the staff parking spaces.
A Creative Playschool would be located on a corner lot, at Amador Valley
Boulevard and Brighton Drive. Adequate parking exists on the street adjacent the
Center; three spaces on Brighton and one space on Amador Valley Boulevard. These
spaces are conveniently. located for parents to pick-up or drop-off their ehildren attbe
Center. In Alternative Site Plans 1 and 3 the Applicant has provided a walkWay..across
the front yard from Brighton to the front door. Staff believes that this revision would
make parking along Brighton more viable.
Alternative Site Plans 2 and 3 provide for additional on site parking ~ off
of Brighton. The Applicants have proposed to construct an additional driveway and
parking area in the side rear yard area of their lot.. The City Engineer does not
recommend these alternatives because it may create traffic and site distance problems
on Brighton with parents backing up into traffic in morning hours. He feels there is
adequate parking along Brighton and Amador Valley Boulevard for the Center to
operate without causing disruption to the traffic flow. Additionally, since the Zoning
Ordinance requires that parking in this location (on-site in the side rear yard) be
screened from view, staff does not believe it will be a convenient alternative.
3
CITY COUNCIL ST. REPORT e
PA 95-017. A Creative Playschool Conditional Use Pennit
Staff evaluated the increase of traffic and parking that would occur at maximum
capacity of the daycare center with a "worst case scenario;'. We assumed that there
would be thirty cars (no car pooling or parents with two children) arriving between
7:00 A.M. and 8:00 A.M., with 20 of those cars arriving during one 20 minute period.
Since there is parking for six cars (on site and on the street adjacent the Center), our
analysis found that there are adequate legal parking areas to allow for six cars to park
for six minutes at the same time. This would allow for six parents to drop off their
children at the same time without parking adjacent any of the neighbors' properties.
There have been some complaints from citizens regarding traffic at Amador
Valley Boulevard and Brighton Drive, especially during the morning preschool drop off
hours. Presently traffic is controlled by a stop sign on Brighton Drive at Amador
Valley Boulevard. The City commissioned a study in 1994 to see if the intersection
met all-way stop sign warrants. The Study found that the traffic and accident rates at
that intersection did not "warrant" an all-way stop sign. Traffic would have to more
than double on Brighton before the traffic "warrant" would be met. Additionally, the
increased number of traffic trips, would not approach the number of trips required for
staff to recommend an additional stop sign on Amador Valley Boulevard. In peak: hours
some congestion is visible on Brighton Drive, however, Brighton Drive and Amador
Valley Boulevard are within City of Dublin's level of service standard and these roads
have enough capacity to handle the traffic.
The accident history at this location is as follows:
1. From January 1995 to date no accident has occurred at this
location.
2. In 1994, one "rear-end" accident occurred on southbound Brighton
Drive (driver fell asleep at the wheel).
3. In 1993, three "right angle" accidents occurred.
4. In 1992, one "right angle" accident occurred at this intersection
5. In 1991, two accidents occurred at this location, one "right angle" and
one driver falling asleep and hitting a City street light.
In 1987 a fatal accident occurred on Amador Valley Boulevard, west of Village
Parkway. This was the last fatal accident to occur in the City of Dublin. In this
instance, the driver was under the influence and hit a fixed object. No other car or
other person was involved.
A traffic study performed for this project determined that the project should
contribute $1,490.00 towards future traffic improvements in the area. The Applicant
has voluntarily agreed to pay that amount.
G:\PJ\95017\mflS-19
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NEGATIVE DECLARATION
(Prepared pursuant to city of Dublin
Environmental Guidelines, Section 1.7(c), 5.5)
project Description: A,request for a licensed davcare center for
UP to thirty (30) children between the aqes of 2 years to 5 years,
operatinq Mondav throuqh Fridav between 7:00 a.m. - 6:30 p.m.
Project Location: 6837 Amador Valley Boulevard
Name of Proponent: Janet Zupetz, Dawn Bowen
I hereby find that the above project will not have a significant
effect on the environment.
Attached is a copy of the Initial Study ("Environmental Information
Form" and "Environmental Checklist") documenting the reasons to
support the above finding.
~T..
ignature ~
Laurence L. Tonq
Printed Name
Planninq Director
Title
Mav 31,1995
Date
Attachments
Date Published:
Date Posted:
Date Notice Mailed:
Considered by:
On:
Action on Negative Declaration:
Approved Disapproved
Notice of Determination filed:
Council Resolution No.
EXHIBIT -EL
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INITIAL STUDY
(ENVIRONMENTAL CHECKLIST FORM)
(Completed pursuant to city of Dublin
Environmental Guidelines, section 1.6)
APPLICATION NO.:
PA 95-017 A Creative Playschool
I. BACKGROUND
1. Name, Address and Phone Number of Proponent:_
Janet Zupetz 5525 Old School Road, Pleasanton, CA 94588
Dawn Bowen 6837 Amador Valley Boulevard, Dublin, CA 94568
(510) 248-1686
2.
Agency Requiring Checklist:
city of Dublin
3 .
Name of Proposal, if applicable:
A Creative Playschool
4. Description of project: Licensed daycare center for up to thirty
(30) children between the aqes of 2 years to 5 years, operatinq
Monday throuqh Friday between 7:00 a.m. - 6:30 p.m.
II. ENVIRONMENTAL IMP~ (See Part III for discu4llon of environmental
topics)
YES MAYBE NO SOURCE2
x
x
x
x
x
x
x
x
x
x
x
1,3
1. EARTH. will the proposal result in:
a.
Unstable earth conditions or in changes of
geologic substructures?
b.
Disruptions, displacements, compaction or
over covering of the soil?
x
1,3
c.
Change in topography or ground surface relief
features?
d.
The destruction, covering or modification of
any unique geologic or physical features?
1,3
1,3
1,3
1,3
1,3
1,3
1,3
1,3
1,3
1,3
e.
Any increase in wind or water erosion of
soils, either on or off the site?
f.
Changes in deposition or erosion of beach
sands, or changes in siltation, deposition,
or erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
g.
Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
2. AIR. will the proposal result in:
a.
Substantial air emissions of deterioration of
ambient air quality?
b.
The creation of objectionable odors?
c.
Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
d.
Construction or alteration of a facility
within one-fourth of a mile of a school which
might emit hazardous air emissions? If Yes,
school district must be consulted and must
be given written notification of the project
not less than 30 days prior to approval of
EIR or Negative Declaration (Pub. Res. Code
21151.4) .
3. WATER. will the proposal result in:
a.
Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters?
2Refer to appropriate note on page 8
-2-
II. ENVIRONMENTAL IMPA~ (See Part III for discuAllon of environmental
topics)
YES MAYBE NO SOURCE2
x
1,3
b.
Changes in absorption rates, drainage
patterns or the rate and amount of surface
water runoff?
x
1,3
c.
Alterations to the course or flow of flood
waters?
x
1,3
d.
Change in the amount of surface water in any
water body?
x
1,3
e.
Discharge into surface waters, or in any
alteration of surface water quality,
including but not limited to, temperature,
dissolved oxygen or turbidity?
x
1,3
f.
Alteration of the direction of rate of flow
of ground waters?
x
1,3
g.
Change in the quantity of ground" waters,
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
x
h.
Substantial reduction in the amount of water
otherwise available for public water
supplies?
i.
Exposure of people or property to water
related hazards such as flooding or tidal
waves?
1,3
x
1,3
4. PLANT LIFE. Will the proposal result in:
Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
Reduction of the numbers of any unique, rare
or endangered species of plants?
Introduction of new species of plants in a
barrier to the normal replenishment of
existing species?
Reduction in acreage of any agricultural
crop?
5. ANIMAL LIFE. will the proposal result in:
Change in the diversity of species, or
numbers of any species of animals (birds,
2Refer to appropriate note on page 8
x
1,2,3
a.
x
1,2,3
b.
x
1,2,3
c.
x
d.
1,2,3
x
1,2,3
a.
-3-
II. ENVIRONMENTAL IMPA~ (See Part III for discu4llon of environmental
topics)
YES MAYBE NO SOURCE2
x
x
x
1,2,3
a.
b.
a.
b.
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
b.
Reduction of the numbers of any unique, rare
or endangered species of animals?
x
1,2,3
c.
Introduction of new species of animals into
an area, or result in a barrier to the
migration or movement of animals?
x
1,2,3
d.
Deterioration to existing fish or wildlife
habitat?
6. NOISE. will the proposal result in:
x
1,2
a.
Increases in existing noise levels?
x
1,2,3
b.
Exposure of people to severe noise levels?
x
1,2,37.
LIGHT AND. GLARE. will the proposal produce new
light or glare?
LAND USE. will the proposal result in a
substantial alteration of the present or planned
land use of an area?
9. NATURAL RESOURCES. will the proposal result in:
Increase in the rate of use of any natural
resources?
Substantial depletion of any non-renewable
natural resource?
10. RISK OF UPSET. will the proposal involve:
A risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
Possible interference with an emergency
response plan or an emergency evacuation
plan?
11. POPULATION. will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area?
X 1,2,312. HOUSING. will the proposal affect existing
housing, or create a demand for additional
housing?
x
1,2,38.
x
1,2,3
2Refer to appropriate note on page 8
x
1,2,3
x
1,2,3
1,2,3
2
-4-
II. ENVIRONMENTAL IMP~ (See Part III for discu~on of environmental
topics)
YES MAYBE NO SOURCE2
x
x
13. TRANSPORTATION/CIRCULATION.
result in:
will the proposal
x
1,2,3
a.
b.
c.
d.
e.
f.
a.
Generation of substantial additional
vehicular movement?
b.
Effects on existing parking facilities, or
demand for new parking?
x
1,2,3
c.
Substantial impact upon existing
transportation and traffic systems?
d.
Alterations to present patterns of
circulation or movement of people and/or
goods?
x
1,3
e.
Alterations to waterborne, rail or air
traffic?
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
x
1,2,3
14. PUBLIC SERVICES. will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following
areas?
Fire protection?
Police protection?
Schools?
Parks or other recreational facilities?
Maintenance of public facilities, including
roads?
ENERGY. will the proposal result in:
Other governmental services?
a.
b.
Use of substantial amounts of fuel or energy?
Substantial increase in demand upon existing
sources of energy or require the development
of new sources of energy?
2Refer to appropriate note on page 8
x
1,2,3
x
1,3
x
1,2,3
1,2,3
1,2,3
1,2,3
1,2,3
1,2,3
15.
1,2,3
1,2,3
x
x
x
x
x
-5-
II. ENVIRONMENTAL IMP~ (See Part III for discu4ltion of environmental
topics)
YES MAYBE NO SOURCE2
16. UTILITIES. will the proposal result in a need for
new systems or substantial alterations to the
follow~ng utilities:
x
1,2,3
1,2,3
1,2,3
1,2,3
1,2,3
1,2,3
17.
1,3
1,3
1,3 18.
x
x
x
x
x
x
x
x
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
HUMAN HEALTH. will the proposal result in:
a.
Creation of any health hazard or potential
health hazard (excluding mental health)?
b.
Exposure of people to potential health
hazards?
AESTHETICS. Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
X 2,3 19. RECREATION. will the proposal result in an impact
upon the quality or quantity of existing
recreational opportunities?
x
20. CULTURAL RESOURCES.
1,2,3
x
1,2,3
x
1,2,3
x
1,2,3
a.
Will the proposal result in the alteration of
or the destruction of a prehistoric or
historic archaeological site?
b.
will the proposal result in adverse physical
or aesthetic effects to a prehistoric,
historic, or architecturally significant
building, structure, or object?
c.
Does the proposal have the potential to cause
a physical change which would affect unique
ethnic cultural values?
d.
will the proposal restrict existing religious
or sacred uses within the potential impact
area?
2Refer to appropriate note on page 8
-6-
II. ENVIRONMENTAL IMPA~S (See Part III for discujllon of environmental
topics)
YES MAYBE NO SOURCE2
21. MANDATORY FINDINGS OF SIGNIFICANCE.
x
1,2,3
q. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
x
1,2,3
b. Does the project have the potential to
achieve short-term to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one which
occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
x
1,2,3
c. Does the project have impacts which are
individually limited but cumulatively
considerable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant).
x
1,2,3
d. Does the project have environmental
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly?
x
1,2,3
22. EIR REQUIRED BY STATUTE. Does the project
involve construction of any facility which burns
municipal waste or refuse-derived fuel? NOTE: If
the answer is yes, then an EIR must be prepared
and certified under Public Resources Code section
21151.2(a) unless subsections (b) and (c) make
that section inapplicable.
2Refer to appropriate note on page 8
-7-
II. ENVIRONMENTAL I~ (See Part III for di~ssion of
environmental topics)
YES MAYBE NO SOURCE2
III. DISCUSSION OF ENVIRONMENTAL EVALUATION (See attached statement)
IV. DETERMINATION
On the basis of this initialftevaluation:
X I find the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED.
I find that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures
described on an attached sheet have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on the
environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that State statute requires that an ENVIRONMENTAL IMPACT
REPORT be prepared and certified.
,by
Signature
I
I
Associate Planner
Title
Jeri Ram
Printed Name
Mav 30,1995
Date
(1) Determination based on location of project.
(2) Determination based on staff office review.
(3) Determination based on field review.
(4) Determination based on the City of Dublin General Plan.
(5) Determination based on the city of Dublin Zoning Ordinance.
(6) Determination based on Specific Plan.
(7) Not applicable.
(8)
finitial.study
2Refer to appropriate note on page 8
-8-
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ISSUES FOUND NOT TO BE SIGNIFICANT
The following issues have been found not to be significant as is
indicated by a "No" response on the Environmental Checklist. The
development will not produce significant adverse impacts for the
following reasons:
1. Earth, Water, Plant & Animal Life, and Natural & CUltural
Resources: The project is a daycare center that will be located
in an existing single family residence in a developed urban area.
No new construction or other physical changes that would impact
the earth, water, plant and animal life, or natural and cultural
resources is anticipated on the project site. Therefore, as
noted in the initial study checklist form, under the topic of
Earth, items a through g will not be significantly impacted;
under the topic of Water, items a through d will not be
significantly impacted; under the topic of Plant Life, items a
through d will not be significantly impacted; under the topic of
Animal Life, items a through d will not be significantly
impacted; under the topic of Natural Resources, items a and b
will not be significantly impacted; and under the topic qf
Cultural Resources, items a through d will not be significantly
impacted.
2. Air: It is not anticioated that the project will
substantially deteriorate affibient air quality from the additional
traffic generated from the daycare center. This is due to the
facility's limited hours of operation and staggered time periods
in which children are picked-up or dropped-off from the facility.
The project will not result in the creation of objectionable
odors or the alteration of climatic changes regionally or
locally. The project will not involve the emission of hazardous
materials into the environment. Therefore, as noted in the
initial study checklist form, under this topic, items a through d
will not be significantly impacted.
3. Noise: The project will not increase existing noise levels
significantly or expose people to severe noise levels. The
applicant will not use the single family residential housing unit
as a residence and therefore the house will be vacant evenings
and weekends. On the weekdays, noise levels are controlled as
there will be no more than ten (10) children, under adult
supervision, playing outside at any given time. This will
minimize any disturbances to residential homes directly adjacent
to the daycare center. Therefore, as noted in the initial study
checklist form, under this topic, items a and b will not be
significantly impacted.
4. Light and Glare: The project will not produce new light or
glare. The applicant has indicated that the exterior of the
building will retain its residential character as to blend in
with the existing residential homes in the neighborhood. No
additional external lighting is proposed.
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5. Land Use: The daycare center will be in an existing single
family residential housing unit between the operating hours of
7:00 a.m. to 6:30 p.m., Monday-Friday. The exterior of the house
will look like a residential unit. The use will not alter the
planned land use of the neighborhood because these uses are
permitted to be located in residential neighborhoods with a
conditional use permit.
6. Risk of Upset: The project will not involve a risk of an
explosion or the release of hazardous materials since no
hazardous substances will be on the project site. In addition,
the project will not interfere with emergency response plans or
emergency evacuation plans since the project does not physically
impact adjacent streets in the event of an emergency. Therefore,
as noted in the initial study checklist form, under this topic,
items a and b are not significantly impacted.
7. Population: The project will not significantly alter the
overall density, location, distribution, or growth rate of the
human population in the area. The project will only increase the
.number of people in the area between the daycare facility's
operating hours of 7:00 a.m. to 6:30 p.m., Monday-Friday.
8. Housing: The project will not significantly impact existing
housing or create a demand for additional housing in the area.
The project is intended to serve the existing residents in the
neighborhood and remain a single family residential housing unit.
9. Transportation/Circulation: The project will not result in
significant impacts to the transportation and circulation system
from the generation of additional vehicular movement, demand for
parking, and modifications to existing traffic systems. The
applicant has paid a Traffic Impact Fee (TIF) of $1,490 to fund
improvements along Dublin Boulevard, Village Parkway, and Amador
Valley Boulevard based on the city of Dublin Capital Improvement
Program. Adequate parking is available on Brighton Drive and
Amador Valley Boulevard to pick-up or drop-off children. As
specified on the site plan, there will be two (2) garage spaces
for full-time staff and three (3) parking spaces reserved for
part-time staff parking and parent conference parking in the
driveway. (See Attachment A) Therefore, in the initial study
checklist form, under this topic, there will not be significant
impacts under items a through f.
10. Public Services: The project is a daycare center in an
existing residential home and will not have an effect upon or
create a need for new or altered governmental services in the
areas of fire protection, police protection, schools, maintenance
of public facilities (including roads), parks or other
recreational facilities, or any other governmental services.
11. Energy and utilities: Child daycare centers do not use
substantial amounts of fuel or energy. Therefore, the project
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will not increase the demand upon existing sources of energy or
require the development of new sources of energy. The project
will not result in a need for new systems or substantial
alterations to the following utilities: (a) power or natural gas,
(b) communication systems, (c) water, (d) sewer or septic tanks,
(e) storm water drainage, or (f) solid waste and disposal. This
is because the project is a daycare facility, located in an
urbanized area, with sufficient utility services to meet the
demands resulting from the project.
12. Human Health: Because the project is a daycare facility, it
will not create or expose people to any potential health hazards.
13. Aesthetics: The project will not result in the obstruction
of any scenic vista or view open to the public or the creation of
an aesthetically offensive site open to public view since the
project is located in an existing single family residence and no
new construction is involved.
14. Recreation: The project will not result in an impact upon
the quality or quantity of existing recreational opportunities.
The applicant has indicated that recreational activities will
take place in the backyard of the daycare center.
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RESOLUTION NO. 95 -
A REsoLUTION OF TIlE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------------------------------------------------------------------------------------
ADOPTING A NEGATIVE DECLARATION FOR PA 95-017
A CREATIVE PLAYSCHOOL DA YCARE
CONDITIONAL USE PERMIT
WHEREAS, Janet Zupetz and Dawn Bowen, submitted an application requesting approval of
a Conditional Use Permit for the operation of a daycare facility, for a maximum of 30 children, as the
primary use within an existing single-family residence in an R-I-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard, and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impact and that environmental documents be prepared; and
WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not
have a significant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this application and is on file in the
City of Dublin Planning Department; and
WHEREAS, the City Council did review and use their independent judgment to consider the
Negative Declaration at a public hearing on July 25, 1995; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED TIlA T THE Dublin City Council does hereby
find that:
A. A Creative Playschool Daycare Conditional Use Permit project will not have a
significant effect on the environment based on review of the Initial Study and public testimony.
B. The Negative Declaration has been prepared and processed in accordance with State
and local environmental laws and guideline regulations.
C. The Negative DeClaration is complete and adequate.
EXHIBIT l3
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NOW, TIlEREFORE BE IT FURTIlER RESOLVED THAT THE Dublin City Council
does hereby adopt the Negative Declaration for PA 95-017, A Creative Playschool Conditional Use
Permit Project.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
(g:\pa#\ 1995\0 17\NDreso2)
e
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 95-017 A CREATIVE PLAYSCHOOL DA YCARE CONDITIONAL USE
PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY
(COMMUNITY FACILITY) IN AN R-I-B-E, SINGLE FAMILY RESIDENTIAL COMBINING
DISTRICT AT 6837 AMADOR V ALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Permit for the operation of a daycare facility, for a maximum of 30 children, as the
primary use within an existing single-family residence in an R-I-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard; and
WHEREAS, the Planning Commission held a public hearing on said application on June 19,
1995; and
WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing
denied said application; and
WHEREAS, the Applicants, Janet Zupetz and Dawn Bowen have appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (City
Council Resolution No. ) for this project as it will have no significant effect on the environment;
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 City Council 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 City Council does hereby
find that:
A. The operation of the day care facility will serve a public need by providing day care in
a residential neighborhood, in a convenient location.
EXHIBIT c
1
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B. The use will be properly related to other land uses and transportation and service
facilities in the vicinity, as the Center will maintain the residential character of the residence.
A Creative Playschool is located on a corner lot and has convenient parking. A traffic study
was performed for the project and the applicants have agreed to contribute their fair share of
traffic impact fees.
C. The use, under all circumstances and conditions of this particular use, 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.
D. The use is consistent with the specific intent clauses or performance standards
established in the R-I-B-E Zoning District.
E. The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby conditionally
approve P A 95-017 A Creative Playschool Conditional Use Permit application as generally depicted
by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department,
subject to the following conditions:
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. and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. (PL.l Planning. rBl Building. rpOl Police. rpWJ Public
Works rADMl Administration/City Attorney. rFIN} Finance. [Fl Dougherty Regional Fire Authority,
rDSR) Dublin San Ramon Services District. rCOl Alameda County Department of Environmental
Health.
1. This Conditional Use Permit approval for PA 95-017 is to allow the operation of a daycare
facility at 6837 Amador Valley Boulevard in an R-I-B-E Single Family Residential Combining
District. This approval shall generally conform to the plans stamped approved, labeled Exhibit
A, consisting of "Alternative No.1 Site Plan" dated June 29,1995, and a "Floor Plan" dated
May 30, 1995. [PL]
2. The maximum number of children present at the day care facility at anyone time shall not
exceed 30. [PL]
3. The day care shall operate Monday through Friday between the hours of 7:00 a.m. and 6:30
p.m. and shall be closed on the weekends. [PL]
2
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4. Prior to receiving a business license, the applicant shall make all improvements indicated on
the site plan and floor plan, including but not limited to filling in the swimming pool,
extension of the driveway, and construction of an additional bathroom.
5. Prior to receiving a business license, the applicant shall make all necessary improvements for
an "E" Occupancy in conformance with the Uniform Building Code.
6. Prior to receiving a business license, applicant shall:
a. Provide a fire alarm system as per California Code of Regulations Section 3200 and
32004;
b. Provide one 2A1OBC Fire Extinguisher;
c. Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C.
7. Children sounds shall be controlled so as not to create a nuisance to the adjoining residential
neighborhood. No outside activities may take place before 8:30 a.m. [PL, PO]
8. The operator of the Center shall require that children remain either inside the Center or in the
backyard for pickup by their parent or guardian. [PL, PO]
9. There shall be a maximum of 10 children at a time in the backyard of the Center. When
children are in the backyard they shall be supervised by a Center employee at all times.
10. Prior to the establishment of this use, the operator shall submit a copy of the State Department
of Social Services License Permit for the operation of a day care. [PL]
11. On a continuous basis, the Applicant shall provide the City of Dublin Planning Department
with a current day care operating license issued by the State of California Department of Social
Services.
12. The day care director shall, at the minimum of a once-a-year basis, make arrangements to have
the Dublin Police Services Child Abuse Prevention Program, or an equivalent program
approved by Dublin Police Services, presented to the Staff and children attending the facility.
A certification of the presentation of such a program shall be presented to the Planning
Department on a yearly basis. [PL, PO]
13. This use shall comply with all applicable Planning, Building, Dougherty Regional Fire
Authority, Police Department, Dublin San Ramon Services District and State of California
Department of Social Services regulations and ordinances. [PL, B, F, PO, DSR]
14. This approval shall be null and void in the event the approved use fails to be established within
one year, or ceases to operate for a continuous one-year period. [PL]
15. No further modifications to the site or exterior portion of the residence shall be done without
prior review and approval of the Planning Director and must comply with all applicable
3
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zoning, building code and engineering regulations including issuance of building permits. [PL,
B]
16. Any signage on the site shall be subject to the City's Sign Ordinance. [PL]
17. The Applicant shall be responsible for cleanup and disposal of project related trash in order to
maintain a clean and litter free site. [PL]
18. Two parking spaces in the existing garage and two parking spaces in the driveway shall be
reserved for employee parking. [PL]
19. At any time during the effectiveness of this approval, the approval shall be revocable for cause
in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the
terms or conditions of this permit shall be subject to citation. [PL]
20. Prior to issuance of building permits, Applicant shall voluntarily pay the traffic improvement
funds.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1995.
A YES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
(g:pa#\1995\O 17\ccres2)
4
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e ALTERNATIVE NO. 1 SITE PLAN e ~
DATED: 6/~9/95 2
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RFSOLUTION NO.
e
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------------------------------------------------------------------------------------
DENYING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE
PERMIT REQUEST TO ALWW THE OPERATION OF A DAY CARE FACILITY
(COMMUNITY FACn..1TY) IN AN R-I-B-E, SINGLE FAMILY RESIDENTIAL COMBINlNG
DISTRICT AT 6837 AMADOR V ALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Permit for the operation of a daycare facility, for a maximum of 30 children, as the
primary use within an existing single-family residence in an R-I-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard; and
WHEREAS, the Planning Commission held a public hearing on said application on June 19,
1995; and
WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing
denied said application; and
WHEREAS, the Applicants, Janet Zupetz and Dawn Bowen have applied the decision of the
Planning Commission to the City Council; 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 City Council 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 City Council does hereby
find that the operation of a day care facility for 30 children at 6837 Amador Valley Boulevard will
adversely affect the health and safety of persons residing in the vicinity and will be detrimental to the
public welfare and injurious to property and improvements in the neighborhood.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny PA 95-
017 A Creative Playschool Conditional Use Permit application.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1995.
AYES:
NOES:
ABSTAIN:
ATTEST:
Mayor EXHIBIT D
City Clerk
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ATTACHMENT 1
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RESOLUTION NO. 95 - 027
A RESOLUTION OF THE PLANNING COl\fr\.lISSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------------------------------------------------------------------
DENYING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE PERMIT
REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY
FACILITY) IN AN R-1-B-E, SINGLE FAMILY RESIDENTIAL COMBINING DISTRICT AT
6837 AMADOR V ALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Permit for the operation of a daycare facility, for a maximum of 30 children, as the
primary use within an existing single-family residence in an R-I-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard; and
'WHEREAS, the Planning Commission held a public hearing on said application on June 19,
1995; and
\VHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
\VHEREAS, the Staff Report was submitted recommending that the application be
conditionally approved; and
\VHEREAS, 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 the operation of a day care facility for 30 children at 6837 Amador Valley Boulevard
would not benefit the community. The existing circulation problems at the intersection of Brighton
Drive and Amador Valley Boulevard would be further compounded by the operation of a day care
facility at this location.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny
PA 95-017 A Creative Playschool Conditional Use Permit application.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1995.
A YES:
Commissioners Zika, Geist, Jennings, Johnson and Lockhart
ATTEST:
~~~
Planning Director
ATTACHMENT 2-
(g:pa#\1995\017\cupres2)
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Regular Meeting -June 19, 1995,
A regular meeting of the City of Dublin Planning Commission was held on Monday, June I ,
1995, in the Dublin Civic Center Council Chambers. The meeting was called to order at 1.30 by
Commissioner lika.
* * * * * * * * * *
ROLL CALL
Present: Commissioners Geist, Jennings, Johnson, Lockhart and lika; Dennis Ca ington,
Senior Planner; Jeri Ram, Associate Planner; Sharon Young, Planning Intern, a Gaylene
Burkett, Recording Secretary.
* * * * * * * * * *
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. lika led the Commission, Staff, and those present in the pledo of allegiance to the flag.
* * * * * * * * * *
ADDITIONS OR REVISIONS TO THE AGENDA
The minutes of the May IS, 1995, meeting were appro\' a as submitted.
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
PUBLIC HEARING
Sharon Y ouna Planning Intern, presented the staff report. She gave a brief outline for the
project. Sh mentioned potential problems, and indicated that Staff recommended approval. She
asked for uestions from the Commissioners.
Cm. J hnson asked if, in the past, the participants have always stayed the night in RV's in the
par ng lot.
Regular Meeting
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54
June (9, 1995
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Ms. Lewis answered that security was s
if the Applicant was present and if she had any problems
s. Young answered that yes they had, and the number and location was subject to revi
app val by the Dublin Plaza Shopping Center Merchants Association and the revie\ and
approv by the Dublin Planning Department approximately 2 weeks prior to the 'ent.
Marietta Lewis, the App ant, was present and answered no sh
Conditions of Approval, an
strict with them.
id not have problems with the
her artists because she was very
Cm. Lockhart had a question on Con . ion # I I, w .ch stated Police Services indicated they
should have private security, did she pIa
y the shopping center until about midnight.
and asked for qu tions or discussion by the Commissioners.
Cm. Lockhart thought the' ad been real good in the past a had never had a problem.
ROVING PA 95-012 MARG-ETT ARTS AND CRAFT FAIR CO TDITIONAL
SE PERMIT REQUEST TO ALLOW TWO SEP AR.\ TE, FOUR-DAY RTS AND
CR.\FTS FAIRS WITHIN THE DUBLIN PLAZA SHOPPING CENTER LO TED AT
7177-7333 REGIONAL STREET
Resolution No. 95-019
On motion by Cm. ckhart, seconded by Cm. Geist and with a \
Commission un tmouslyadopted
* * * * * * * *
SUBJECT 8.2 PA 95-017 A Creative Plavschool - Conditional Use Pennit for a day care
center in a single familv home that will have a maximum student attendance of
30 children. ages 2 through 5 Years. The Center will operate Mondav through
Friday from 7:00 A.M. to 6:10 P.M.
Jeri Ram, Associate Planner presented the staff report. She outlined the Playschool guidelines
and hours of operation. She stated that Staff recommended 3 Conditions of Approval for the
project relating to noise and child safety. She stated that there had been complaints from citizens
concerning traffic along Brighton and Amador Valley Boulevard in the morning hours. She
stated a traffic study had been done and that the intersection had not warranted additional traffic
lights or stop signs. She pointed out that the Legislature ofthe State of California had adopted
laws to encourage childcare facilities in residential neighborhoods. Ms. Ram stated that Staff
had recommended the Planning Commission adopt the draft Resolutions approving the Negative
Declaration and the Conditional Use Pennit.
Cm. Johnson asked how many residences were being used as daycare facilities in residential
neighborhoods.
Regular Meeting
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June 19, 1995
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Ms. Ram referred to a report and stated that there were approximately 22, although centers in
churches and schools were grouped into this number. They also vary in size to 0-6, 7-12 and
more than 12.
Cm. Zika stated that those were only the licensed ones.
Cm. Geist asked if there were any as large as this one.
Mr. Ram stated that yes there were, and there was one other on that street, My Space to Grow,
which was licensed for 25 - 30. She stated that there were maybe 3-4 more, although there were
some quite a bit larger, mostly in schools or churches.
Cm. Johnson asked if there had ever been any complaints.
Ms. Ram stated that in the immediate area there were quite a few day care centers, and within the
last 2 years, the Code Compliance Officer had not received any complaints on those centers.
Cm. Zika asked if there were any complaints regarding traffic at the other daycares.
Ms. Ram stated no, not in that general area; however, at a center in another area there had been
one complaint about dropping off and picking up children and that the Code Compliance officer
tried to work with the neighbors to resolve the issues.
Cm. Zika stated that Condition # 18 concerning the two parking spaces, and the half bath in the
garage were concerns of his and that in the past, the Planning De.partment had removed the cars,
and turned the space into a play area. If that happened with this project, he wanted it to come
back before the Commission for approval.
Cm. Lockhart asked if the neighbors were notified of this preschool and was there going to be
any slgnage.
Ms. Ram stated yes, neighbors were notified and the signs would be limited to the normal
residential project signs.
Jan Zupetz, the Applicant, gave a presentation to the Commission. She outlined her and her
daughters qualifications and philosophy on child care centers. She stated that she had been in the
area for 21 years and wanted to provide qualified daycare for the area. She said that they were
not applying for a garage conversion, and planned to keep the garage for parking cars. She
stated that there is noise already on Amador Valley Boulevard and felt that the center would not
add additional noise in the area. She indicated that the outside will remain residential in
character.
Robert Zupetz, the Applicants' husband spoke. He said they first considered a bath in the garage
closet, but decided not to do it, and would still keep the garage a garage. He stated that they
would make another parking space in the front for an additional parking space.
Cm. Zika asked if it was going to be a residence as well as a day care.
Regular Meeting
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June 19, 1995
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The Applicant stated no, the State would not allow it and Community Care Licensing is very
strict, and they were not just a baby sitting service, but a qualified daycare center. The property
is vacant now and they had just owned it for a couple of months.
Cm. Johnson asked if the baths were going to be made handicapped accessible.
Mr. Zupetz answered they are working with the City to see what they would have to do.
Cm. Jennings asked about parent conferences, when will they be held and where would they
park.
Ms. Zupetz answered she would set up appointments after school, and they would save one
parking space for parent conferences.
Cm. Jennings asked if the center would take drop-ins.
Ms. Zupetz answered she would not be taking drop-ins.
Cm. Geist asked if the size of their staff was based on the number of children in the center.
Ms. Zupetz answered yes, Community Care Licensing has a ratio of 12: I with a qualified
teacher, or you can have an aide and a teacher with 15 children.
Cm. Lockhart asked if they had a State license now.
Ms. Zupetz stated they were waiting to get approval first from the City before they could go
forward.
Cm. Lockhart asked if they bought the property with this purpose in mind.
Ms. Zupetz answered yes.
Don Krekorian, 6842 Brighton, lived next door to the proposed preschool. He stated he had
spoke with Ms. Ram on the project. He stated Ms. Ram was very helpful in explaining the
various policies and issues for this project. Mr. Krekorian stated he was opposed to the project
for the folIowing reasons: 1) Traffic, the intersection at Brighton and Amador ValIey Boulevard
is one of the busiest intersections in the City. It is heavily traveled with the three local schools in
the area, and traffic is constant because of the various programs offered at these three schools.
Because of this heavy traffic, cars can be backed up to approximately 10 houses. (He presented
photos of the traffic); 2) Safety, he gave an example ofa little boy being hit on the busy street
on June 15; 3) Noise, he stated he worked from his home in the back bedroom, and presented
pictures showing where his office was in his home. He asked who would monitor the 10
children in the backyard; and, 4) Property value, he purposely did not purchase a house next to
a school and did not want to live near one. Mr. Krekorian offered more photos and a letter to
Mr. Tong with signatures from many neighbors who opposed the project.
Cm. Jennings asked what age child was hit.
Mr. Krekorian answered a 4th grader.
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June 19, 1995
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Cm. Jennings asked the Applicants if there were any plans to heighten the fence
The Applicants stated if the CC and R'.s allowed, it she would do it.
Cm. Jennings asked if once the pool was removed, would there be enough room to plant shrubs.
Ms. Zupetz stated that there would be enough room.
Mr. Krekorian stated he thought that there could only be an 6 foot fence in the City of Dublin.
Cm. Zika stated that you could get a variance for an 8 foot fence, and asked what bedroom Mr.
Krekorian worked in.
Mr. Krekorian stated bedroom # I on the drawing.
Greg Blake, 7192 Newcastle Lane, opposed the project at that particular location. He stated that
there was too much traffic in the area already and that he thought it would be a dangerous
situation. He stated his wife worked nights and slept during the days, and would be affected by
the daycare center in that location.
Allen Ownes, 6802 Amador Valley Blvd., stated that there was a daycare right across the street
from him and he had witnessed the traffic effect with a smaller number of kids. He stated that
there was a lot going on at one time during certain periods of the day. He felt that 12 kids, as in
the day care across the street, were enough, and that 30 kids at the proposed daycare would be
too much. He felt that people would be stopping traffic to tl)' to wait for people to pull out while
waiting to drop off their kids. He stated at a previous City Council meeting there was discussion
on raising the speed limit on Amador Valley Boulevard, and residents were feeling the need to
organize and draw the line on traffic issues. He stated that he understood that the Applicants had
bought the place for solely using it for this business, and he felt that was presumptl}ous without
the proper approval first. The residents were there first as homeowners, and although there was a
need for daycare, there are real issues, such as property values, traffic concerns and safety issues
that needs to be weighed against the need for a daycare at this location.
Leonard DeStefano, 6825 Amador Valley Boulevard, was opposed to the project, and he felt
when he approached Mr. Zupetz as a new neighbor, he was not honest on his intentions on what
he was going to do with the property. A couple days later, he received a notice in the mail for
the proposed daycare. Mr. DeStefano stated he worked nights and purposely bought a house
away from a school so that he could sleep days. He stated that when he first bought his home,
the homeowners were told that Amador Valley Boulevard would end at Stagecoach and that was
not true. He told of one neighbor who was building bunkbeds and would put one out for sale,
and soon the City came by and told him he could not run a business out of his home and Mr.
DeStefano felt the daycare was no different. It was a business out of the home. He stated that
traffic was a large issue, and cars could be left outside idling, unattended, which could cause
toxic fumes in the air. He asked the Commission to soul search, and would they be comfortable
with this type of business next to them. The only option that he could think of would be for the
Applicant to lease or purchase a space in a commercial area or a large school.
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June 19, 1995
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James Key, 6848 Brighton Drive, shared the concerns of the previous speakers. His concerns
were for the safety for the children. His home would be directly impacted by the drop-off of
students. He felt that when the home would be empty, there would be the potential for crime.
He felt it would be a prime target with commercial equipment in the residence. He strongly felt
it would negatively impact the propertY values and he would not have chosen to live in that home
had their been such a business like a daycare at that time.
Angeline Fountain, 6980 Doreen Court, was opposed to the project. She stated that she is often
in the area and had seen some of the parents dropping off their kids at Fredricksen School, and
although traffic was an issue, the children would be subject to loud noise, profanity, fast cars and
she felt it would not be a good environment for the children mentally, and they would be
emotionally abused in this situation.
Betsy Key, 6848 Brighton Drive, was opposed to the project. She agreed with the previous
speakers, and questioned the traffic survey of the area, Her main concern was for the safety of
the children. From the other daycare center at 6801 Amador Valley Boulevard, she has seen one
adult with a trail of children walking down that busy street, and she shudders at two year olds
walking down that street and felt that could happen with the proposed daycare also.
Dawn Bowen, co-Applicant, stated she would never allow the children out on the corner or
walking down the street. She felt that home centers had a bad reputation, and she would be
running a quality daycare and the children could hardly speak at that age, and that the noise level
would not be a problem.
Ms. Zupetz welcomed the neighbors to approach her directly if there was a noise problem.
Ms. Bo\\'en stated that the center would be quiet for approximately 3 hours from 12 -3 while
children were eating and taking a nap.
Mr. Zupetz addressed the issues of the noise and he felt that it would not disturb sleep and that
the street was already busy and noisy. He stated that they were not doing anything with the
garage, and he never represented any thing to anybody.
Cm. Zika stated that the Commission takes everybody at face value.
Mr. Zupetz stated that they were willing to place an 8-foot fence with shrubs along the fence line
to lessen the noise to the neighbors.
Mr. Carrington stated the Commission had the option to permit up to a 12-foot fence.
Cm. Jennings asked the Applicants if they had purchased the property with the contingency that
they get a CUP approval. Was that in the contract?
Ms. Zupetz stated no. They looked at many properties and talked with the other daycare centers
in the area, and felt this was the perfect location and that there was a need.
Cm. Jennings asked if they knew how long it took for the other daycare's to reach their
maximum number of children.
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June 19, 1995
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Ms. Zupetz stated she did not know.
Mr. Zupetz stated that they talked with My Space to Grow and there was a garage conversion at
that site.
Ms. Bowen stated there was a need for quality daycare and she wanted to do what was best for
children.
Cm. Geist asked Staff how big My Space to Grow was.
Ms. Ram stated 20 or 25.
Ms. Ram clarified that 680 I Amador Valley Boulevard was Matilda's daycare with 12 children
and was a different center than My Space to Grow.
Randy Zugnoni, 6854 Brighton Drive, was opposed to the project, and although the noise would
not affect him, he stated that they had no control over the parents dropping off kids during the
day and where they would park. He felt with tw<? busy streets, there would be too many
uncontrolled situations.
Ms. Zupetz stated that they could state in a parent hand book that parents be concerned over
parking and drop-off issues.
Cm. Zika stated that no matter what action the Planning Commission took, it could be appealed.
Ms. Ram stated that any decision taken by the Commission could be appealed within 10 days.
Cm. Johnson asked Staff about traffic issues, and why they did not indicate that there would be a
traffic issue.
Mr. Thompson, Director of Public Works, addressed the traffic issues. He stated that the traffic
study done in January gave the number of 800-11 00 every hour and 30 more would not effect
traffic that much more.
Cm. Jennings asked what streets were included in that count.
Mr. Thompson stated that was a count for all three streets approaching that intersection.
Cm. Jennings stated most concerns were for parking and dropping kids off, could there be other
options, like have someone out there to get the children signed in and out and then escort the
children into the facility.
Mr. Zupetz stated that there was more than one parking space in front of the property.
Mr. Thompson stated you could fit two parking spaces if you parked in front of the driveway.
But there were two more on the Brighton side.
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June 19, 1995
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Mr. Krekorian asked that the Planning Commission take a look and survey other daycare
facilities in town, and note that most people drop their kids off before 8:00 because they have to
be at work by 8:00.
Cm. Zika closed the public hearing.
Cm. Lockhart stated he had been involved in dropping offkids at daycare facilities, and parking
was a problem.
Cm. Zika stated he was concerned over dropping off kids, and felt there was too much traffic in
that area. He felt that there were no mitigating factors that address traffic concerns.
Cm. Lockhart stated although there was a need for daycare in the area, he felt that this was not a
good location.
Cm. Johnson asked Staff if there were any daycare that had closed in the City within the last
year.
Mr. Carrington stated that he did not know of any.
Cm. Jennings stated she was more concerned about traffic, and less with the noise level. She
said she was impressed with the opposition against the daycare. She tended to agree with the
traffic concerns, and was concerned that the Applicants purchased the home first without the
proper approvals.
Cm. Geist asked the Applicants if they did not have a license now, how long would it take to get
one.
The Applicant stated they would have to get the facility ready, have every stick of furniture in
place, fill the pool, and Community Care Licensing does not come out until the very end, and it
takes approximately 2-3 months
Cm. Zika asked if as individuals, they were properly licensed.
The Applicants stated yes.
Cm. Johnson asked what could be done to help with the traffic situation.
Mr. Thompson stated there was one stop sign on Brighton and one at Penn.
Cm. Johnson stated he had received two tickets for going 30 mph and felt the area was regularly
patrolled.
Mr. Thompson stated that putting in a stop sign when the warrants were not met causes accidents
because people tend to run those stop signs.
Cm. Johnson asked if there would be a pick up lane in front of the house.
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Mr. Thompson stated there was only enough room for a bike lane, and traffic lane, but not a
drop-off and pick-up lane.
The Planning Commission had a discussion on the traffic issues.
Mr. Thompson stated that the center could direct parents to drop kids off on Brighton and not on
Amador Valley Boulevard.
Cm. Zika stated that he dropped his grandchild off in a cul-de-sac and people park two or three
deep and that's with no traffic.
A motion was made by Cm. Jennings to approve the project.
Motion died for lack of a 2nd.
On motion by Cm. Geist, seconded by Cm. Lockhart, and with a vote of 5-0, the Planning
Commission unanimously denied
PA 95-017
CONDITIONAL USE PERMIT FOR ADA Y CARE CENTER IN A SINGLE
FAMILY HOME THAT WILL HAVE A MAXIMUM STUDENT ATTENDANCE
OF 30 CHILDREN, AGES 2 THROUGH 5 YEARS.
Cm. Zika stated the Applicant had 10 days to appeal to City Council.
Cm. Z'. stated that the redecking at the swim center was done in 1990 and di
do again. Does the contractor have any liability.
Cm. Zika declared a 5 minute recess.
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June 19,1995
Planning Commission
City Of Dublin
100 Civic Plaza
Dublin, Ca. 94568
Dear Commission Members,
My name is Don Krekorian and I reside at 6842 Brighton Dr.. On June 2, 1995, I
received a Notice Of Public Review, Project: PA 95-017 A Creative Playschool.
After reviewing this notice, I came down to City Hall and discussed this issue with your
Associate Planner, Jeri Ram. Ms. Ram was very informative and explained a number of
issues regarding the request for a Conditional Use Permit at 6837 Amador Valley Blvd..
Ms. Ram explained the different levels regarding day care/preschool regulations:
1-6 children - no permit required.
7-12 children - which I understand to be an Administrative Permit
13 children & on - The Conditional Use Permit.
Ms. Ram also provided me with a copy of the Negative Declaration Report, which
have reviewed.
My presence here before you this evening is prompted by a number of reasons and
issues.
My residence at 6842 Brighton is next door to 6837 Amador Valley Blvd.
I would like to let you know that I am opposed to this Permit because of the following:
1. Traffic
The intersection of Amador Valley Blvd. and Brighton Dr. is one
of the busier residential intersections in the city. This area is one of the most
heavily traveled areas because of the locations of schools supporting the
student body, Dublin High, Wells Intermediate, and Fredriksen Elementary.
Starting at 7am and continuing through the day, the traffic is constant.
This is because of the split programs that are offered at the 3 local schools.
Frederiksen Elementary offers an early bird/late bird program which
students can start at 8:30am and end at 1 :50pm, or start at 9:30am and end
at 2:50pm. Similar programs are offer to the Intermediate and High School
students. A IT ACHMENT 3
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Because of this heavy traffic, cars can be backed up, on Brighton, from
Amador Valley to Tamarack, which is approximately 10 houses and most
residents have a difficult time pulling out from their driveways safely.
2. Safety:
The addition of this preschool at its proposed location will create even
more of a problem than we currently have. Because of the traffic conditions
that exist, if we compound this intersection with any more cars we are asking
for trouble, injury and possible death. I have taking photographs of this
intersection and as you see traffic can back up quickly. Driver are using the
curb lane as a right turn lane, while drivers are waiting to turn left from
Brighton on to Amador Valley Blvd.
We also must take into consideration the ages of the children 2 to 5
years of age. Because of current traffic conditions the location of this
proposed day care or play school and the age of the children, we as
community must protect them and this is not a good location for a playschool.
3. Noise
I am currently employed by a company based in South San Francisco
and my employer allows me to work from home Monday afternoons, Tuesday,
Wednesday, Thursday and Friday mornings. As shown in the floor plan of my
residence, I work in bedroom #1 which is towards the front on the house and
the window is only 9'4" from the fence, which is the back fence of 6837
Amador Valley Blvd.. I have also taken photos from the bedrooms #1 and 2,
and of my side yard.
As you can see I look directly into the back yard of 6837 Amador Valley
Blvd. Although the proposal for the playschool states that no more than
10 children will be out at one time, how and who is going to regulate this.
I have 2 children and I know how loud they can play. 10 children or more will be
too noisy and will interfere with my working ability.
4. Property Value:
I have purchased my home to be in a residential area, not next to a
school. If I wanted to live near a school, I would have bought one near or
across from a school.
No study has been submitted regarding this issue and I feel that the city
should supply the surrounding residents of 6837 Amador Valley Blvd. with a
complete review regarding this issue.
If the value of the surrounding homes go down not only do the residents
lose, but so does the city. Taxes!
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I [lave also talked with the neighbors of 6837 Amador Valley Blvd., and of 45
households, 28 are opposed to this request of a Conditional Use Permit.
Attached is copy a letter to Mr. Laurence Tong, as well as a petition signed by
the residents who are opposed to the Planning Commission granting this permit.
Based upon the issues I have addressed, I as well as 28 of my neighbors,
request that the Planning Commission deny the permit.
Thank You,
Don Krekorian
6842 Brighton
Dublin, CA. 94568
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Dark lines on exterior indicates windm,'1s and doors.
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June 19, 1995
Mr. Laurence L. Tong
Planning Director
City Of Dublin
100 Civic Plaza
Dublin, Ca. 94568
Re: Project PA 95-017 A Creative Playschool located at 6837 Amador Valley Blvd.
Dear Mr Tong,
Attached is a list of Dublin residents that are opposed, to the City Of Dublin's, Planning
Commission grant of a Conditional Use Permit for a day care center in a single family
home, located at 6837 Amador Valley Blvd.
The house located at the corners of Amador Valley Blvd. & Brighton Dr., and at one
of the busiest residential intersections in the city.
We have reviewed the traffic conditions, saftey and noise factors, since the Notice of
Public Review was mailed out, on May 30, 1995, and strongly request that this
Planning Permit Not be granted.
We request that this letter and the names attached be included in the Planning
Commision file on this issue.
Regards,
The Neighbors of 6837 Amador Valley Blvd.
cc: Guy Houston - Mayor
Dennis H. Carrington - Senior Planner
Carol R. Cirelli - Senior Planner
Ralph Kachadourian - Asst. Planner
Jeri Ram - Associate Planner
Neighbors of 6837 Amador Valley Blvd.
ATTACHMENT '-/
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Peiiiion Opposing The City Of Dublin, Planning Commision Granting a
Conditional Use Permit for a day care center in a single family home
located at 6837 Amador Valley. Blvd., Dublin, Ca.
~ame Address p
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Arv'lADOR VALLEY BLVD.
x - 6837 Amador Valley Blvd
0- OPPOSED
N - NOT AVAiLABLE OR i\JO COMMENT
28 Househoids - 62%
17 Households - 38%
e RECEIVED
JUN 2 7 1995
CITY ut- uuBLlN
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Janet A. Zupetz
5525 Old School Road
Pleasanton, CA 94588
Kay Keck, City Clerk
Dublin, CA 94568
APPEAL
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Planning Application PA 95-017
A CREATIVE PLAYSCHOOL - 6837 Amador Valley Blvd., Dublin
Conditional Use Permit
We, Janet A. Zupetz and Dawn R. Bowen do hereby "APPEAL" the
decision made on June 19, 1995 by the Planning Commission not
to approve the Conditional Use Permit for "A CREATIVE PLAYSCHOOL"
a quality day care center.
Our appeal is based on the following:
1. A neRative declaration was issued hereby stating that
the project will not have a significant effect on the
environment as stated in EXHIBIT B.
2. Apparently the planning commission completely ignored the
expert testimony of the City's Senior planning and traffic
staff as to regard to a completely neRative environmental
impact study; furthermore, the traffic engineering department
testified that any traffic impact from the day care center is
not measurable. Furthermore, the commission apparently was
not concerned with a desperate need in the community for
"quality" day care nor were they concerned with the merit of
the project with regard to Public Policy of the State of
California to encourage child care centers in residential
areas.
The above are only some of the issues involved. We ask that
the Public Hearing for the above be held on July 25, 1995.
Please do not send the notice of Public Hearing (Certified) to
me, I will pick it up when I return on July 23. Please send a
copy of the notice of Public Hearing to my Attorney:
Ralph D. Hughes, Attorney at Law
4471 Stoneridge Drive
Pleasanton, CA 94588
cc: Ralph D. Hughes
A IT ACUMENT
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LOCATION MAP
BRIGHTON DRIVE
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A CREATIVE . ~ 68~7
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PLAYSCHOOL
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CITY OF DUBLIN
CONDITIONAL USE PERMIT
PROPOSED DAY CARE CENTER - "A CREATIVE PLAYSCHOOL"
4. We are proposing to open a Licensed Day Care Center for thirty
children, ages 2 years to 5 years (Pre-Kindergarten). Hours of
operation are 7:00 a.m.to 6:30 p.m., Monday - Friday. We will
offer a Pre-school program as part of the Day Care Center
activities.
We will be serving breakfast, lunch and 2 snacks
of well balanced meals according to the laws set forth by the
State.
Our children will have interesting age appropriate
activities incorporating inside learning time and supervised
outdoor play activities.
There will be approximately 1 1/2 -
2 1/2 hours of rest time when the school will become very
inactive so the children will be able to have sufficient
rest time.
There is no reason for this center to cause any
disturbance to the peace of the neighborhood;
as the children
will be well cared for and supervised.
Also, it is very rare
that 30 children will be outside at the same time. For
example I
10 two year olds will be playing outdoors for 1/2
hour,
they will go in for a quiet activity;
then 10 three
year olds will have outside play for a 1/2 hour: finally 10
four year olds will use the play yard for a 1/2 hour. Ten
well supervised children will certainly not pose a noise
problem in the large yard area.
The facility will essentially
EC~IVE~
A IT ACUMENT",~ 1 j1)~5~~
be vacant on w~nds except for normal cI~ing, etc.
a. There is a definite need for "quality child day care" in the
Tri-Valley area. The center "My Space to Grow" which is
located near the intersection of Amador Valley Blvd. and
Village Parkway is full with a waiting list. Also, Tots
University, on Oxbow Lane, is full with a waiting list.
As we become filled we are planning to hire ROP students from
Dublin High School to work as aides in our center, further
enhancing service to this community. We are also planning for
the children to do special community outreach projects like
recycling, food and clothing drives for needy families,
singing for senior citizens in Dublin and San Ramon Senior
Centers.
b.
The
use is properly related to other land
uses
and
transportation service facilities in the area because Amador
Valley Blvd. is a convenient connecting Boulevard to businesses
and freeways. There are many schools in the nearby area;
Elementary, Middle School, High School, and a Montesorri
School. Although "6837" will be used for a Child Care Center,
the outside will still retain "residential character" to blend
with the existing residential homes and will not be offensive
to the neighborhood.We are definately improving the existing
structure adding a new roof and gutters, repairing the
existing broken-down fence, removing the obtrusive and
illegally placed metal storage shed from the premises, and
painting the ex4lt tor of the entire house. 4It will
pruning and planting new shrubs on Brighton as to add
be
to
the
attractiveness, class and value of the neighborhood. If the
Center is approved,
the in-ground swimming pool will be
removed,
adding
to
the peacefulness of the
existing
neighborhood not to mention conservation of valuable water
resources.
c. The use will not materially affect the health or safety of
persons residing or working in the vicinity.
Ha ppy ,
safe,
well cared for children can only add to the well being and
character of the neighborhood.
d. The use will not be contrary to the specific intent clasues
or performance standards established by the district as "6837"
will still maintain it's residential character as a home, and
therefore provide a home away from home for young children and
a much needed service for responsible working parents.
Other information:
The Child Care Center "A CREATIVE PLAYSCHOOL"
for 30 children will require about 2 full time employees and 2
part-time employees, (more or less depending on enrollment).The
full-time employees are the mother & daughter (owners). The hours
of operation will be 7:00 a.m. to 6:30 p.m., Monday - Friday. The
children
are dropped off and picked up at various times
throughout the day as not to affect the traffic flow.
Wi th the
already existing schools in the neighborhood and the traffic flow
on
Amador Valley,
the traffic from our center will
be
negligiable. AlS~ lote, the speed limit illt
on Amador Valley Boulevard.
miles per hour
Although we are applying for permission to serve 30 children, if
we are granted such, remember it will take time for our center to
reach full capacity and when and if it does; not all children are
in attendance every day.
The facility will be essentially be
vacant after the hours of 6:30 p.m.
during the weekdays and will
sit quietly Saturday,
Sunday and holidays when working folks do
their entertaining and outdoor relaxation and sleeping in on the
weekend.
The elimination of the swimming pool will certainly
eliminate noise problems during the day, evenings and especially
weekends and holidays of the hot summer for the surrounding
neighbors.
Also,
be advised that Community Care Licensing needs to approve
the Center and strict guidelines with their inspections must be
followed,
as set forth by the State of California,
before they
will grant a license for child care.
They will be going over
this Center with a fine toothed comb before approving it for
children.
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June 29, 1995
A CREATIVE PLAYSCHOOL
6837 Amador Valley Blvd. - Dublin, CA.
PROPOSED ALTERNATIVES TO ORIGINAL SUBMISSION
Alternative 1 - Preferred
Original plus the following changes:
1. Create a Brighton Street side alternative entrance.
Install concrete walkway, East to West, from front
door landing to Brighton sidewalk, with proper slopes
and other requirements. This gives 2 different street
entrance alternatives.
2. Make rear fence 8 feet high.
~. Plant shrubs across back fence line as practical. To
the extent that the neighbors house borders the fence.
iM'CEIVE 0
JUH J 0 1995
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June 29, 1995
A CREATIVE PLAYSCHOOL
6837 Amador Valley Blvd. - Dublin, CA.
PROPOSED ALTERNATIVES TO ORIGINAL SUBMISSION
Alternative 2
Original plus the following changes:
1. Create a Brighton Street side primary entrance.
Install a walkway from Brighton sidewalk to side of
house. Install a door in the side of the house to
use as a primary entrance. Walkway, to be properly
sloped and landings as necessary:
2. Y~ke rear fence 8 feet high.
3. Plant shrubs across back fence line as practical to
the extent that the neighbors house borders the fence.
4. Y~ke a 2 car concrete off street parking area in North
East corner of lot. Move fence as needed. Install
proper curb entrance from street.
5. Move entire Brighton side fence closer to sidewalk.
Install gate with alarm as primary entrance to the
new walkway to the new side door.
,
-
June 29, 1995
A CREATIVE PLAYSCHOOL
6837 Amador Valley Blvd. - Dublin, CA.
PROPOSED ALTERNATIVES TO ORIGINAL SUBMISSION
Alternative 3
Original plus the following changes:
1. Create a Brighton Street side alternative entrance.
Install concrete walkway, East to West, from front
door landing to Brighton sidewalk, with proper slopes
and other requirements. This gives 2 different street
entrance alternatives.
2. Make rear fence 8 feet high.
3. Plant shrubs across back fence line as practical. To
the extent that the neighbors house borders the fence.
4. Make a 2 car concrete off-street parking area in Northeast
corner of lot. Move fence as needed. Install proper
curb entrance from street.
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