HomeMy WebLinkAbout6.1 CreativePlyschlModifCUP
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CITY CLERK
File # D@0~-BJ[(i]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 13,1996
SUBJECT:
PUBLIC HEARING A Creative Playschool Modification to CUP
(Report Prepared By: Jeri Ram, Associate Planner) ~
/ A. Resolution Approving Modification to CUP P A 95-017 A Creative
Playschool
B. Resolution Denying Modification to CUP P A 95-017 A Creative
Playschool
/ C. City Council staff report dated July 25, 1995
D. Minutes from City Council meeting of July 25, 1995
/ E. Resolution approving CUP 95-017 A Creative Playschool
I F. Applicants' Written Statements
G. Conceptual Signage Plans
H. Memo from Public Works Director
/ I. Memos from Dublin Police Dept. and Public
Works Director
EXHIBITS A TT ACHED:
.....RECOMMENDATION: I
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1) Open Public Hearing
2) Receive Staff Presentation and Public Testimony
3) Close Public Hearing
4) Deliberate and Consider Options for Action:
A. Approve Modificatioris to CUP 95-17 by adopting Resolution
(Exhibit A);
B. Deny Modifications to CUP 95-17 by adopting Resolution
(Exhibit B); or,
C. Give staff other directions
FINANCIAL STATEMENT:
No financial impact.
DESCRIPTION:
Modifications to Conditional Use Permit PA 95-017 that was approved on July 25, 1995, by the City Council.
The modifications would increase the maximum enrollment at the Playschool from 20 to 30 children; permit the
installation of two 1-112' X 2' identification signs on the house and a vehicle sign on a car to be parked at the
site; permit children to play in the rear yard after 8:00 A.M. rather than 9:00 A.M.; and, increase the number of
children permitted in the rear yard at one time from 10 to 30 children.
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'. " COPIES TO: A Creative Playschool
In House Distribution
ITEM NO.
6.L
BACKGROUND:
The Creative Playschool Conditional Use Permit was denied by the Planning Commission on June 19, 1995. _
The Applicants appealed the Planning Commission's decision to the City Council. The City Council .' .....
conditionally approved the application on July 25, 1995. A copy of the City Council Staff Report, Resolutions --
and minutes of the meeting are attached (Exhibit C, D and E).
ANALYSIS:
Environmental:
The Negative Declaration was approved by the City Council on July 25, 1995. The Initial Study evaluated the
project based on the original application which was for 30 children. Since the Negative Declaration was
adopted, the City has identified no new environmental information which would require other revisions to the
Negative Declaration.
Modification:
The Applicant has requested a modification of several conditions of approval of the Conditional Use Permit
(Exhibit F). Some of the conditions were originally recommended by Staff, others were added to the project
approval by the City Council following the: public testimony at the public hearing on July 25, 1995 (See minutes
of meeting , Exhibit D). The chart below shows those conditions that the Applicant is requesting to change and
when the condition was originally placed on the project:
Condition.Text
Added 'byCity
Council
Recommended
by Staff
...
7.
The maximum number of children present at the day care
facility at anyone time shall not exceed 20.
Children sounds shall be controlled so as to not create a
nuisance to the adjoining residl~ntial neighborhood. No
outside activities may take place before 9:00 a.m.
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
There shall be no signs displayed at the Center
x
x
9.
x
16.
x
Condition No.2:
The original staff report and associated environmental document addressed a project with 30 children.
Therefore, should the City Council wish to make this change, the project would be covered under the existing
environmental document and associated traffic study.
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Condition No.7:
" . The City's typical Home DaycarelPre-school standards restrict outside play before 8:00 A.M. In this instance,
.ever, staff recommended that no outside play take place at this Center before 8:30 A.M. because of the
concerns expressed by neighbors (some of whom work at home, others work nights and sleep days). At the
conclusion of the public hearing on July 25, 1995, City Council modified staffs recommendation to restrict
outside play prior to 9:00 A.M.
Condition No.9:
The Applicant's original written statement (see Attachment 7 to Exhibit C) stated that there would rarely be
more than 10 children at a time in the rear yard, therefore, noise would not be a negative factor. Based on the
Center's location in a residential area, the adjacent yard's orientation (Attachment 6 to Exhibit C), the
Applicant's written statement and proposed number of students, staff concluded that noise would not be a
significant impact if only 10 children at a time would be in the rear yard. Therefore, staff recommended that 10
children in the yard be made a condition of the approval of the Conditional Use Permit.
Staff recommends that this condition not be modified. The adjacent homeowner's yard on Brighton is a side
yard and the house is approximately 5 feet from the property line. More than ten children in the rear yard at any
one time would be too noisy for this location and this particular lot configuration.
Condition No. 16:
..c-The City's typical Home DaycarelPre-school standards state that "no sign advertising the day care use shall be
::.talled on the property." This requirement has been placed on most large 7-12 children family day care
tacilities in the City (small family day care is not regulated by the City in accordance with State law). A
Creative Playschool was the first day care facility to be approved in the City following the adoption of the new
Sign Ordinance. The Sign Ordinance allows (by exemption) the following types of signs:
Section 8.08.140 Exempt Signs. . .
D. House Numbers and Name Plates. House numbers, name plate or identification of house
members (provided sign does not exceed two (2) square feet maximum area), mail box
identification, street names, . . . .
L. Vehicular Signs. A vehicle with Vehicular Signs afflXed shall be parked on the property on
which the business is located, and as close as practical to the business it serves. The vehicle shall
not be used as a sign platform or for the sole purpose of attracting people to a place of business.
Staffs original recommended condition of approval for this project was that it comply with the City's Sign
Ordinance. That would have allowed the Applicant to have one identifying name plate under 2 square feet and
a vehicular sign. At the conclusion of the public hearing on July 25, 1995, the City Council revised staffs
recommended condition to restrict any signage on the site.
The Applicant is requesting that they be allowed to have two wall signs, each smaller than 2 square feet, and
...e vehicular sign.
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Research on Project Implementation:
Enrollment:
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The Applicant has indicated that their present enrollment is 12 children, with a maximum of 10 children present
at anyone time. Since they have been in operation they have had a maximum enrollment of 18 students.
Complaints:
There were three zoning enforcement complaints filed with the City; one in relation to signage, the others
related to completion of construction items that were conditions of the CUP and signage. Staff investigated the
complaints and was unable to substantiate them.
Traffic:
Staff reviewed current information on traffic to determine if there were any changes or new information since
Staffs review of the application last year.
Since the project has been approved, the Public Works Department has painted a red curb in front of the project
on Amador Valley Boulevard and a green curb on Brighton. The Public Works Department reviewed the
proposed increase of students and indicated that they did not recommend any new conditions of approval if the
Playschool were increased to 30 children (Attachment H). Their original review of the project (last year) was
for a playschool with a maximum enrollment of 30 students.
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The Dublin Police Department and Public Works Department reviewed the existing traffic conditions in relation '..-
to the Playschool. During calendar years 1995 - 1996 there were three accidents (Attachment I). Both
departments noted that the accidents were not a result of Playschool traffic. The accident in 1995 was prior to
the Playschool being open. The Police Department noted that at the present time Playschool traffic was not
creating a problem. However, they also indicated that the propo~ed increase. of students may have a negative
impact on parking and traffic on Amador Valley Boulevard.
Recommendation
Staff recommends that the City Council open the public hearing, deliberate, and either: (1) adopt a Resolution
Approving Modifications to CUP 95-017 (Exhibit A); (2) adopt a Resolution denying Modifications to CUP
95-017 (Exhibit B); or, give staff other directions.
G:\PA96-026
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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MODIFYING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE
PERMIT AT 6837 AMADOR VALLEY BOULEVARD
WHEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval of P A 95-017, A Creative Playschool Conditional Use Permit, located at
6837 Amador Valley Boulevard; and
/
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and it was found that it was consistent with the Negative
Declaration adopted by the City Council on July 25, 1996 and that no new information has been
discovered requiring additional environmental review; and
WHEREAS, the City Council held public hearing on said application for modification on July
23, 1996; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
. and
WHEREAS, the Staff Report was submitted outlining all the pertinent facts; 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 fmd
that:
A. The modifications requested by the Applicant for the day care facility will assist in its
serving a public need by providing day care in a residential neighborhood, in a convenient
location.
B. The use continues to 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 contributed their fair share of traffic impact
fees.
.
C. The modifications of the Conditional Use Permit, 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.
EXHIBIT -B /
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D. The modification is consistent with the specific intent clauses or performance standards
established in the R-1-B-E Zoning District.
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E. The approval of the modification of the Conditional Use Permit will be consistent with
the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the
modifications to P A 95-017 A Creative Playschool Conditional Use Permit application by replacing the
Conditions of Approval of Resolution No. 82-95 with the following conditions of Approval.
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 subject to Planning Department review and
approval. The followin~ codes r~present those departments/a~encies responsible for monitoring
compliance of the conditions of approval. [pL.] Planning. [B] Buildin~. [PO] Police. [PW] Public
Works [ADM] Administration/City Attorney. [FIN} Finance. [FJ Dougherty Regional Fire Authority.
[DSR] Dublin San Ramon Services District. [CO] 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-1-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]
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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 6:30 a.m. and 6:30 p.m.
and shall be closed on the weekends. The operator of the Center shall ensure that the arrival time
of children is prearranged and is on a staggered schedule. [PL]
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 2A1 OBC Fire Extinguisher;
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.7.
8.
9.
10.
11.
12.
.13.
15.
. 19.
c. Provide smoke detectors in all bedrooms and hallways per the 1991 V.B.C.
Children sounds shall be controlled so as not to create a nuisance to the adjoining residential
neighborhood. No outside activities may take place before 8:00 a.m. [pL, PO]
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]
When children are in the backyard they shall be supervised by a Center employee at all times.
Prior to the establishment ohhis use, the operator shall submit a copy of the State Department of
Social Services License Permit for the operation of a day care. [PL]
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.
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] .
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]
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 zoning,
building code and engineering regulations including issuance of building permits. [pL, B]
16.
Signage shall be allowed on the site consistent with Exhibit G to the Staff Report. Additionally,
a vehicle sign shall be permitted consistent with 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]
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]
3
20.
Prior to issuance of building permits, Applicant shall voluntarily pay the traffic improvement
funds.
21. The Day Care Director shall not allow Center staff or parents to park on Amador Valley
Boulevard.
PASSED, APPROVED AND ADOPTED this 23th day of July, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
G:\P A96-026\CCres I
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RESOLUTION NO.
:.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
__________________________________~~~__________~____________.~~_________~________________.~___________H~_______~________
DENYING A MODIFICATION OF PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE
CONDITIONAL USE PERMIT AT 6837 AMADOR VALLEY BOULEVARD
\\1JIEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting a modification
of the conditions of approval of P A 95-017, A Creative Playschool Conditional Use Permit, located at
6837 Amador Valley Boulevard; and
\\'HEREAS, the appl.ication has been reviewed in accordance with the provisions of the
Cnlifornia Environmental Quality Act (CEQA) and it was found that it was consistent with the Negative
Declaration adopted by the City Council on July 25, 1996 and that no new information has been
discovered requiring additional environmental review; and
WHEREAS, the City Council held public hearing on said application for modification on July
23, 1996; and
.and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
WHEREAS, the Staff Report was submitted outlining all the pertinent facts; 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 modifications of the Condition~ Use Permit, under all circumstances and conditions ofthis
particular use, may create a use incompatible with the adjacent residential uses by increasing the level of
noise, increasing traffic during morning and evening pick up and drop offhours, and changing the
ci.!aracter of the surrounding community by on-site advertising in a residential area.
.
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EXHIBIT B
5
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny the
modifications to P A 95-017, A Creative Playschool Conditional Use Permit, and those conditions of e:
approval of Resolution No. 82-95 shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED this 23th day of July, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
G:\P A96-026\CCres2
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CITY OF DUBLIN
AGEI';DA STATE.~1ENT
Cit)' Council Meeting Date: Jul:y 25, 1995
SUBJECT:
Appeal of Planning Commission denial of P A 95-017, A
Creative Playschool Conditional Use Permit
REPORT pREP AR.ED BY: Jeri Ram, Associate Planner ct.--
, \
Negative Decla1<!.tion
Resolution Approving Negative Decla1<!.tion
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: Lener Appealing Planning Commission
Decision from Janet Zupetz and Dawn
Bowen
Attachment 6: Location Map
Attachment 7: Applicant's Wrinen Statement
Attachment 8: Original and Alternative Site Plans (with
wrinen description)
EXHIBITS ATTACHED: Exhibit A:
Exhibit B:
Exhibit C:
RECOMMENDATION:
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:
, {Iv\;"!
:tf
A. Adopt Resolutions Approving Negative
Declaration (Exhibit B) and Conditional
Use permit (Includes Alternative 1 Site
Plan) (Exhibit C). or,
B.
Adopt Resolution Denying Conditional
Use pennit (Exhibit D).
FTI'A..NClAL STA'TEMEJ\'T:.
None
BACKGROUJ\'D:
Proiect 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 children,
ages 2 through 5 years. Tne Center will opente Monday through Friday from 7:00
A.M. to 6:30 P.M. Tnere will be no residential occupancy 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
access and parking.
ITEM NO,
COPIES TO: Applicants/owners
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. CITY COliNCIL STA~ " REPORT
PA 95-017. A Creative Pla\'<;chool Conditional Use Permit
Land Use/General Pian:
The existing land use and zoning districts for the site and surrounding properties
are 2.ll 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 various
residential zoning districts in the.City. A day C4Ie 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 State CEQA 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 Polic\':
The legislature of the State of California has adopted laws to encourage child
C4Ie 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.
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State law does permit jurisdictions to place conditions to ensure that proposed
day care centers in single family residences, with a capacity of 7 to 12 children comply
with local ordinances. A local jurisdiction cannot deny approval of that classification
of child C4Ie center unless for some reason it does not comply with local ordinances.
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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 pe.rmit (as is required in Dublin). An explanation of the findings that
must be made to approve a conditional use permit in Dublin is set fonh below under
"City Regulations"_
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City Re~lations:
Section 8-26.2(a) of the Dublin Zoning Ordinance stales that a community
facility (which includes a daycare facility, Section 8-20.10) may be permitted as a
conditionil use within. the R-1 Zoning District.
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Section 8.94.0 of the Dublin Zoning Ordinance stales that conditional uses
must be analyzed to determine 1) whether or not the use is required by the public need;
2) whether or not the use will be properly related to other land uses, transponation 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 contra!}' to the sp"...cific intent clauses or performance standards
established for the district in which it is located.
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PlanninE' Commission Meetim,:
Tne 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 Krckorian 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 pror....rty values.
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, CITY COUNCIL ST..;. J REPORT
PA 95-017. A CreatiYe Playschool Conditional Use Pennit
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 Planning
Commissioners unanimously denied the application (Attachment 2).
....:.".
The Applicants, Janet ZupelZ and Dawn Bowen, filed an app-...al .with the City
Clerk on June 27, 1995 (Attachment 5).
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.hJ\ALYSIS:
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Noise:.
.: ". .'.
Staff reviewed the possible noise impacts of this use on the adjacent
homeowners. The bac1.-yard play area abuts two residences (Attachment 6). The
residence to the nonh 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 bac1.-yards are adjacent each other. No other residence would abut 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. Tnis would help to reduce noise and increase the adjacent neighbor's
privacy.
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The Center would be closed during the evening and weekend hours when most
homeovmers 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 bacl...yard pool area in the
evening and wee1..-end hours would be more noisy than the Center. The Applicants plan
to fill in the pool and have bacl.')'ard supervised play during the non-weekend daytime
hours.
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Parkin". Traffic and Accidents:
At maximum capacity, A Creative Playschool would have a staff of four'
penons. All staff parldng 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,-spaces
for parents visiting the Center, in addition to the staff parking spaces.
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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 children at the
Center. In Alternative Site Plans 1 and 3 the Applicant has provided a wall,way across
the front yard from Brighton to the front door. Staff believes that this revision would
make parling along Brighton more viable.
. ..', ":.'.:
. ,.
Alternative Site Plans 2 and 3 provide for additional on site parlcing accessed 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 trnffic and site diswlce problems
on Brighton with parents backing up into uaffic 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.
'.._dO_ ".',
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. . . :,.'-:- '.. :.--..::.:.:......:......
;J;-3!~f~II'I;
3
CITY COUl'\CIL STA REPORT
PA 95-017. A Creative Plavschool Conditional Use Pennit
Staff e\'aluated the increase of traffic and parking that would OCcur at maximum
capacity of the daycare center with a ~worst case scenario~. We 2Ssumed that there
would b~ thiny 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.
Sin:;e 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 LGffic 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
Va1Jey Boulevard. The City commissioned a study in 1994 to see if the intersection
met all-way stop sign wanants. The Study found that the traffic and accident rates at
that intersection did not ~wanant~ an all-way StOp sign, Traffic would have to more
than double on Brighton before the traffic ~wanant~ would be met. Additionally, the
increased number of L-affic trips, would not approach the number of trips required for
s12ff to recommend an additional stop sign on Amador Valley Boule\.ard. In peak hours
some congestion is visible on Brighton Drive, however, Brighton Drive and Amador
V21ley Boulevard are within City of Dublin's level of service standard and these roads
have enough capacity to handle the traffic.
.... ,'.'
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.::.::..:::~ :.":.':'.- '. : :. - ':.,:::: - '
1. From January 1995 to date no accident has occurred at this
location.
'. '.'
Tne accident history at this location is as follows:
2. In 1994, one ~rear-end" accident o::curred on southbound Brighton
Drive (driver fell asleep at the wheel).
.", ,. .'-
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3. In 1993, three "right angle" accidents occurred.
.. . .
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4. In 1992, one "right angle" accident occurred at this intersection
. -"'." . ;.~
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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.
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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 agr~ to pay that amount.
G:\PA95017\stf6..19
.
4
ID
-.
NEGATIVE DECLARATION
e
(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 thirtv (30) children between the aaes of 2 vears to 5 vears,
operatino Mondav throuah Friday_ between 7:00 a.m. - 6:30 p.m.
Project Location: 6837 Amador Vallev Boulevard
Name of Proponent:
Janet Zupetz, Dawn Bowen
I hereby find that the above project will not have a significant
effect on the environment.
l:.ttacned is a copy of the Initial study ("Environmental Information
Form" and "Environmental CheCklist") documenting the reasons to
support the above finding.
.
r, / (T
[/1lIu V/V\~ ~
~ignature .
Laurence L. Tonq
Printed Name
Planninq Director
Title
Mav 31.1995
Date
A~~achme::-:'s
Da~e ?u~2ished:
Da-:.e ?os-:.ec:
D2~e ND~i=e Mailed:
Co::side=ed by:
0:-;:
A=-:.ion on Ne92~ive Deelara-:.ion:
~??=Dved Dis2P?=oved
.Yiee of De-:'e~inatiDn filed:
'neil Resolution No.
EXHIBIT - A
INITIAL STUDY
(ENVIRONMENTAL CHECKLIST FORM)
(Completed pursuant to City of Dublin
Environmental Guidelines, Section 1.6)
..
.~.?PLI CA TI ON NO. :
FA 95-017 A Creative Playschool
I. B.z"CKGROUND
1. Name, Address and Phone Number of proponent:_
Janet ZUDetz 5525 Old School Road. Fleasanton, CA 94588
Dawn Bowen 6837 ~~ador Vallev 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 davcare center for UP to thirty
(30) children between the acres of 2 years to 5vears, operatinq
Mondav throucrh Fridav between 7:00 a.m. - 6:30 D.m.
.
II. ENVIRONMENTAL IMPAL
tor-i.:.:s) .
YES ~~Y3E NO SOURCE2
e
.
.
x
x
1,3
1.
(See Part III fo~ discus ~n of environmental
EARTH. will the proposal result in:
a.
unstable earth conditions or in changes of
geologic substructures?
b.
Disruptions, displacements, compaction or
ov:~ covering of the soil?
Change ~n topography or ground surface relief
features?
x
1,3
c.
d.
The destruction, covering or modification of
any unique geologic or physical features?
e.
Any increase in wind or water erosion of
soils, either on or off the site?
x
1,3
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?
x
1,3
2. AIR. Will the proposal result in:
a.
Substantial air emissions of deterioration of
ambient air quality?
b.
The creation of objectionable odors?
x
1,3
c.
Alteration of a~r 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) .
x
1,3
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?
x
1,3
2Re=er ~o ap?ro?ria~e no~e on page 8
J?;
x
1,3
x
1,3
x
1,3
x
1,3
1,3
-2-
II. ~NvI~ONMENTAL TMPA~
topics)"
Y::;S P.:..ll. Y13::: NO SOURC::;2
x
x
x
x
x
1,3
b.
c.
d.
a.
b.
c.
d.
e.
f.
g.
h.
1..
a.
2Re:e~ ~o a?p~Dpriate note on page B
}'/
x
1,3
x
1,3
x
1,3
x
1,3
x
1,3
x
1,3
x
1,3
(See Part III for discus ~n of envlronmental
Changes In absorption rates, drainage
patterns or the rate and amount of surface
water runoff?
,..
Alterations to the course or flow of flood
waters?
Change In the amount of surface water In any
"'ater body?
Discharge into surface waters, or l.n any
alteration of surface water quality,
including but not limited to, temperature,
dissolved oxygen or turbidity?
Alteration of the direction of rate of flow
of ground waters?
Change in the quantity of ground. waters,
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts Dr excavations?
.
Substantial reduction in the amount of water
otherwise available for public water
supplies? ..
Exposure of people or property to water
related hazards such as flooding or tidal
waves?
.. PLANT ~IFE. will the proposal result in:
x
1,2,3
1,2,3
1,2,3
1,2,3
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:
1,2,3
Change in the diversity of species, or
numbers of any species of animals (birds,
-3-
-.
.11 _"-':"NVI?-ONMENTJl.L IMPA\ , (See Part III for discuf on of enVl.ronmental
tc?ics}.
y::s K~YBE NO SOURC::::2
.
x
1,2,3
x
1,2,3
x
1,2,3
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?
c.
Introduction of new species of animals into
an area, or result in a barrier to the
mIgration or movement of animals?
d.
Deterioration to existing fish or wildlife
habitat?
6. NOISE. will the proposal result in:
x
1,2
x
1,2,3
x
1;2,37.
x
1,2,38.
.
a.
Increases in existing noise levels?
b.
E^~osure of people to severe noise levels?
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:
X 1,2,3 a. Increase ~n the rate of use of any natural
resources?
X 1.,2,3 b. Substantial depletion of any non-renewable
natural resource?
10. RISK OF UPSET. will the proposal involve:
x
1,2,3
X
1,2,3
a.
b.
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 tbe buman
population of an area?
x
2
.
X
1,2,312.
HOUSING.
housing,
housing?
will the proposal affect existing
or create a demand for additional
2Re=e= ~o appropriate note on page B
15
-4-
~I. ErTVI:KONMENT~.L IMP~.l'
'topics)
y~~ ?-'.:.A Y B :s NO SOU?CE2
~
13.
X 1,2,3
X 1,2,3
X 1,3
X 1,2,3
X
1,2,3
X
1,3
(See ?art III for discus on of environmen~al
TRANSPORTATION/CIRCULATION.
result in:
will the proposal e:.,
a.
Generation of substantial additional
vehicular movement?
b.
Effects on existing parking facilities, or
demand for new parking?
c.
Substantial impact upon existing
transportation and traffic systems?
d.
Alterations to present patterns of
circulation or movement of people and/or
goods?
e.
Alterations to waterborne, rail or air
traffic?
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. PUBLIC SERVICES. will the proposal have an effect
upon, or result in a need for new or altered
~~:=~~ental services in any of the following ~.
x
1,2,3
X
1,2,3
X
1,2,3
X
1,2,3
x
l,2,3
x
1,2,3
a.
b.
c.
d.
e.
f.
Fire protection?
Police protection?
Schools?
Parks or other recreational facilities?
Maintenance of public facilities, including
roads?
other governmental services?
15. ENERGY. Will the proposal result in:
X
1,2,3
x
1,2,3
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?
e
2Re=e~ ~o ~??=opriate note on page 8
b
-5-
II. ENV:~ONMENTAL IMPAL
~Opi'cs j'
(See Part III for discus ~n of environmental
~ Kb.Y3E NO SOURC:s2
.
.
x
.
x
16. UTILITIES. will the proposal result in a need for
new systems or substantial alterations to the
follo~~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
a. PO'v,'er or natural gas?
b. communications systems?
c. Water?
d. Se-v.'er 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 heal~h)?
x
x
x
x
x
x
x
b.
Exposure of people to potential health
hazards?
1,3 18. 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?
2,3 19. RECREATION. will the proposal result in an impact
upon the quality or quantity of existing
recreational opportunities?
20. CULTURAL RESOURCES.
a.
Will the proposal result in the alteration of
or the destruction of a prehistoric or
historic archaeological site?
x
x
x
1,2,3
b.
will the proposal result in adverse physical
or aesthetic effects to a prehistoric,
historic, or architecturally significant
building, structure, or object?
x
1,2,3
c.
Does the proposal have the potential to cause
a physical change which would affect unique
ethnic cultural values?
1,2,3
1,2,3
d.
will the proposal restrict existing religious
or sacred uses within the potential impact
area?
Refe= ~o a??=o?ria~e no~e on page 8
/1)
-6-
II. ENVI~ONMENTAL IMPAC _ (See Part III for discus jn of environmental
to?ics)
YES K~Y3E NO SOURCE2
21. MANDATORY FINDINGS OF SIGNIFICANCE.
.',
x
1,2,3
~. 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 ~mall, 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 Dr refuse-derived fuel? NOTE: If
the answer is yes, then an EIR must be DreDared
and certified under Public Resources Code section
21151.2(a) unless subsections (b) and (c) make
that section inapplicable.
.
2Re=e~ ~o app=op=iate note on page B
I f -7-
~I. ENVIRONMENTAL 1M :TS (See Part III for dis ~sion of
environmental topics)
YES K~YBE NO SOURCE2
~II. DISCUSSION OF ENVIRONMENTAL
IV. DETERMINATION
EV.2l,.LUATION
(See attached statement)
On the basis of this initialAevaluation:
X I find the proposed project COULD NOT have a significant effect
on the environment, and g_NEGATIVE DECL~~TION 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. .
'""'"
. '\.~~/
. -- -----. ~-
Signature
I
I
Associate Planner
Title
e.
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.
(S) Determination based on the city of Dublin Zoning Ordinance.
(6) Determination based on Specific Plan.
(7) Not applicable.
( 8)
e. ....., t'
. . .l.n.l.~.:J.a_. 5 ucy
2Refer ~o appropriate note on page 8
-8-
I 1
ISSUES FOUND NOT TO BE SIGNIFICANT
The following issues have been found not to be significant as is
indicated bv a IINolI response on the Environmental Checklist. The
development-will not produce sianificant 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
sianificantlv imnacted; under the topic of Plant Life, items a
through d will not be significantly impacted; under the topic of
Animal Life, items a throuoh d will not be sianificantlv
impacted; under the topic of Natural Resources, items a-and b
wiil not be sianificantlv impacted; and under the topic of
Cultural Resources, items a through d will not be significantly
impacted.
2. Air: It is not anticipated that the nroiect will
substantiallY deteriorate amnient air aualitv-from the additional
traffic generated from the daycare center. This is due to the
facility's limited hours of operation and staaaered time periods
in which children are nicked-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-impycted.
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.
e-.
e.
..
.
.
.
~I
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 projeGt 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 daycar~ 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
V~lley 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 (~) 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 otDer
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
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 inpicated that recreational activities will
take place in the backyard of the daycare center.
.
, '
.
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RESOLUTION NO. 95 -
..
A REsoLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
-----------------------------------------
------------------------------------------------------
,..
ADOPTlNG A 1'\~GATIVE DECLARATION FOR PA 95-017
A CREATIVE PLAYSCHOOL DA YCARE
CONDITIONAL USE P~1IT
\VHEREAS, 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-1-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard, and
\VHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines ~d 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
. \VHEREA.S, a Negative Declaration has been prepared for this application and is on file in the
City of Dublin Pla~ming 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
\VHEREAS, proper notice of said public hearing was given in all respects as required by law.
NOW, TIIEREFORE, BE IT RESOLVED TIIAT 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 B
NOW, TIIEREFORE BE IT FURTIIER RESOLVED THA T THE Dublin City Council
does hereby adopt the Negative Declaration for P A 95-017, A Creative Playschool Conditional Use ... ',.
Permit Project.
PASSED, APPROVED A1\1J) ADOPTED this 25th day of July, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
~:\paf\1995\017\NDreso:!)
.:
.
)&
RESOLUTION NO.
.
A RESOLUTION OF TIlE CITY COUNCIL
OF TIlE CITY OF DUBLIN"
----------------------------------------------------------------
APPROVING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE C01\l})ITIONAL USE
PERMIT REQUEST TO ALLOVi TIlE OPERATION OF A DAY CARE FACILITY
(COJ\{MIJ1\TfY FAClLITY) IN AN R-1-B-E, SINGLE FAJ\.1ILY RESIDENTIAL CO:MBINING
DISTRICT AT 6837 AMADOR V ALLEY BOULEV A.RD
\VBEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Pennit for the operntion of a daycare facility, for a maximum of 30 children, as the
primary use within an existing single-family residence in an R-1-B-E, Single Family Residential
Combining District, located at 6837 Amador Valley Boulevard; and
\VHEREAS, the Planning Commission held a public hearing on said application on June 19,
19~5; and
\VHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing
denied said application; and
. \''HEREAS, the Applicants, Janet Zupetz and Dawn Bowen have appealed the decision of the
.Janning 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
\VHEREAS, 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.
NOvt', THEREFORE, BE IT RESOLVED 1li.AT THE Dublin City Council does hereby
fmd that:
.
A. The operation of the day care facility will se..."ve a public need by providing day care in
a residential neighborhood, in a convenient location.
EXHIBIT c
1
2'1
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 comer 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 heaJili 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-1-B-E Zoning District.
E. The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan.
BE IT FlJRTIlER RESOLVED THAT TIlE Dublin City Council does hereby conditionally
approve PA 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:
.
CONDmONS OF APPROVAL:
Unless stated othenvise. all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use. and shall be subiect to Plannin~ Department review and
approval. The following codes represent those departments/a~encies reSJ>onsible fef monitoring
compliance of the conditions of approval. rpL.l PlanninE:. 1131 Building. [POl Police. [P\Vl Public
Works fADMl Administration/Citv Attornev, (FIN} Finance. fFl Doughertv Re~jonaJ Fire Authoritv.
.
fDSRl Dublin San Ramon Services District. reOl Alameda County Department of Environmental
Health.
1. This Conditional Use Permit appro\'al for PA 95-017 is to allow the operation of a daycare
facility at 6837 Amador Valley Boulevard in an R-]-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]
.o'
2
;<'1
4.
.
5.
7.
..
10.
11.
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.
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 2A10BC Fire Extinguisher;
c.
Provide smoke detectors in all bedrooms and hallways per the 1991 V.B.C.
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.
Tne operator of the Center shall require that children remain either inside the Center or in the
bad:yard for pich.'1lp by their parent or guardian. [PL, PO]
Tnere shall be a maximum of 10 children at a time in the bad:yard of the Center. "When
children are in the bach."yard they shall be supervised by a Center employee at all times.
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]
'.
-"
On a continuous basis, the Applicant -shall provide the City of D1!blin 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. Tnis 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]
]4. 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
3
zoning, building code and engineering regulations including issuance of building permits. [PL,
B)
] 6.
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:
ABSTh'T:
Mayor
ATTEST:
City Clerk
(!::pa.-"'\1995\017\cC:TC:s2)
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RESOLUTION NO.
A RESOLUTION OF TIlE CITY COUNCIL
OF TIlE CITY OF DUBLIN
----------- ----------------------------------------------------------------------------------------------------
. DENYING PA 95-017 A CREATIVE PLAYSCI~OOL DAYCARE CO!'\1)ITIONAL USE
PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY
(COMMU1\TJTY FACllJTY) IN AN R-I-B-E, SINGLE FAMILY RESIDENTIAL COl\ffiIJ\1J:NG
DISTRICT AT 6837 Al\1ADOR VALLEY BOULEVARD
,.
"
'VHEREAS, 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-1-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
\"\liEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing
denied said application; and
'VHEREAS, the Applicants, Janet Zupetz and Dawn Bowen have applied the decision of the
Planning Commission to the City Council; and
V\1IEREAS, proper notice of said public hearing v,'as given in all respects as required by law;
..d
.WHEREAS, the Staff Report was submitted recommending that the application be
conditionally approved; and
'-'1IEREAS, 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 ..c\1\1) ADOPTED this 25th day of July, 1995.
A \:"ES :
NOES:
'flSTAJ!'i:
ATTEST:
Mayor EXHIBIT D
City Clerk
:'?
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.
ATTACHMENT J-
.
tJ
RESOLUTION NO. 95 - 027
.
A RESOLUTION OF TIlE PL.t\.J"\i\lNG COI\1J\lISSION
OF TIlE CITY OF DUBLIN
---------------------------------------------------------------------------------------------------------------------------
DENYING PA 95-017 A CREATIVE PLAYSCHOOL DA YCARE CONDITIONAL USE PERMIT
REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMU1\TITY
FACILITY) IN AN R-I-E-E, SINGLE FAMILY RESIDENTIAL COMBINING DISTRlCT AT
6837 AMADGR V ALLEY BOULEVARD
\\'HEREAS, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Permit for the opeiation 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
\\'HEREAS, proper notice of said public hearing was given in all respects as required by law:
and
\\lIEREAS, 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.
.".
."-
..
NO\V, TIIEREF9RE, BE.IT RESOLVED TIIAT TIIE 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 F1JRTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny
PA 95-017 A Creative Playschool Conditional Use Permit application.
PASSED, APPROVED A.J\'U ADOPTED this 19th day of June, 1995.
A YES:
Commissioners Zika, Geist, Jennings, Johnson and Lockha.i1.
~k C ?:h
'Planning COmmission pfJairperson
~~ST: ~
. ~vre~d-~ (
Planning Director
A IT ACHMENT 2-
(b:p~#\J 995\0J7\;upr.:s:!)
"};5"
Regular Meeting -June 19, 1995.
A regular meeting of the Cit)' of Dublin Planning Commission was held on Monday. June J ,
1995, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7..30 by
Commissioner Zika. .
.
. . . . * . . . . ~
ROLL CALL
Present: Commissioners Geist, Jennings, Johnson, Lockhart and Zika; Dennis Ca . inglOn,
Senior Planner; Jeri Ram. Associate Planner; Sharon Young, Planning Intern, a Gaylene
Burken, Recording Secretary.
. . - . ~ . . . - .
PLEDGE OF ALLEGIANCE TO THE FLAG
em. Zika led the Commission. Staff, and those present in the pledge of allegiance to the flag.
~ . ~ . . ~ K . . .
.;DD1Tl0~S OR REVJSJO~S TO THE _AGENDA
The minutes of the May ]5. J995. meeting were appro\' d as submined.
.
ORAL COMMt iNIC.A. Tl0~S
None
\\'RIITEN COMMUN1CA TJONS
None
~ * * * * * * * * *
PUBLIC HEARING
SUBJECT 8.1 ,-0 ar(l"-ett Art!' and raft<: airs - 0 iti na1 1se Pe i
apprcwsl requet:;t to allow the operation of TWO separale ant:; and craft~ fairs at The
Duhlin P~za Shorrin~ Center. l('lcated at 1117-7:;33 Re~ional StreeT \In .1ulv p-
16. an&Decemher 7-1 O. J (,)95.
Commissioner za. ~ked for the staff report.
Sharon Youno, Planning Intern, presented the staffrepon.. She gave a brief outline for the
projecL 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 panicipants have always stayed the night in R V' s in the
p7ngloL
.
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&.,
Regular Meeting
{6-}9p~}
54
Jun~ ]9, ] 995
:.
:.
..
71
~ Young answered that yes they had, and the number and location w:?os subject to rc\'j . and
app~1 by the Dublin Plaza Shopping Center Merchants Association and the revie\ ' and
appro\' by the Dublin Planning Department approximately 2 weeks prior to the e..-ent.
if the Applicant was present and ifshe had any problems
Mariena Lewis, the Appfi ant. was preseFtt and answered no sh id not ha\'e problems with the
Conditions of Approval. an her anists because she was very
strict with them.
Ms. Lewis answered that security was s
y the shopping center until about midnight.
Cm. Zika closed the public heari _ and asked for qu~ tions or discussion by the Commissioners.
Cm. Lockhan thought the\' ad been real good in' the past a had never had a problem,
"
On motion by cm,~jart, seconded by Cm. Geist. and with a \ te of 5-0. the Planning
Commission un?J"11mously adopted
Resolution ~o. 95-019
ROVI~G PA 95-012 MARG-ETT ARTS A~D CR.\FT FAIR CO. 'DITIO~AL
SE PERMIT REQUEST TO ALLOW TWO SEPAR-\ TE, FOUR-DAY. RTS A!"D
CR-\FTS FAIRS \\'ITHIN THE DUBLIN PLAZA SHOPPING CEKTER LO A..TED AT
7177-7333 REGIONAL STREET
~ ~ ~ ~ . ~ ~ .
SUBJECT 8.2 PA 95-017 A Creative Plav!'chooJ - Conditional1J!'e Pennit for a dav care
center in a "in~Je familv home that will have a maximum "tudent anendance of
~o children. a~e!' 2. throu~h 5 \lear!'. The Center will operate Monda\' throu~h
Fridav from 7;00 A.M. to 6:,0 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 Appro\.al for the
project relating to noise and child safet)'. She stated that there had been complaints from citizens
concerning traffic along Brighton and Amador Valley Boulevard in the morning hours. She
Slated 2 traffic study had been done and that the intersection had not ".arranted additionallraffic
ljghts or stop signs. She pointed out thatlhe Legislature oflhe State ofCaliforni2 had adopted
12\\'5 to encourage childcare facilities in residential neighborhoods. Ms. Ram Slated that Staff
had recommended the Planning Commission adopt the dran Resolutions approving the Negative
Declaration and the Conditional Use Permit.
Cm. Johnson asked how many residences "..'ere being used as daycare facilities in residential
neighborhoods.
-------------------------------------------------~----------------------------------------..-----------------------------------
R~gular Meeting
{ 6~ 1 9pc}
June 19, 1995
;))
~1s. Ram referred to a repor1 and stated th::l! there were approximately 22, although centers in
churches and schools were grouped into this number. They also \'af)' in size to 0-6, 7-12 and
more than] 2.
....
. .
Cm, Zib stated that those were only tl)e licensed ones.
em, 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.
em. 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
bst 2 years, the Code Compliance Officer had n01 recei\'ed any complaints on those centers.
Cm, 2;.ika asked if there were any complaints regarding traffic at the other daycares.
\ 15, Ram stated no. not in that general area; howe\'er. 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. Zib 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-par1ment had removed the cars,
and turned the space into a play area. 1fthat 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 nonnal
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 1] 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 n01
add additional noise in the area. She indicated that the outside will remain residential in
character.
Rober1 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 iront for an additional parking space.
Cm. Zika asked if it was going to be a residence as well as a day care.
.
3&'
Regular Meeting
{ 6- ] 9pc}
56
June] 9, ] 995
.
.
.
The Applicant slaled no. the Stale would not allow it and Community Care Licensing is vcry
strict. and they were not just a baby sining service, but a qualified daycare center. The propeny
is \.acant 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.
klr. Zupetz answered they are working with the Cit)' to see what they would have 10 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. Communir:' Care Licensing has a ratio of 12:] with a qualified
teacher, or you can have an aide and a teacher with] 5 children.
em. Lockhart asked if they had a State license now.
Ms. Zupetz stated they were waiting to get approval first from the Cir:. before they could go
forward.
Cm. Lock.hart asked if they bought the property with this purpose in mind,
..
'.
Ms. Zupeu 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 following reasons: ]) Traffic, the intersection at Brighton and Amador Valley Boulevard
is one of the busiest intersections in the City. 11 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
ph010S of the traffic); 2) Safer:', he gave an example of a linle 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 J 0
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 lener 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.
-----------.......-.....------...-----...-..-------..--..---...------...--
Regular Meeting
{ 6. ] 9pc}
57
June 19. ] 995
Cm. Jennings asked the Applicams if there were any plans to heighten the fence
e:
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 he enough room to plant shrubs,
~1s. 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. Zib stated that \'ou could eet a \'ariance for an S 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 panicular location. He slated 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
lhere was a lot going on at one time during cenain 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 try 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 presumptuous \\-;ithout
the proper approyal firsL The residents were there first as homeowners, and although there was a
need for daycare, there are real issues, such as propeny values, traffic concerns and safet)' issues
that needs to be weighed against the need for a daycare at Ihis location.
.'
Leonard DeStefano, 6815 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
h~ was going to do with the propeny. 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
nOl true. He told of one neighbor who was building bunkbeds and would pUI one out for sale.
and soon the Cit)' came by and told him he could not run 2. 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
t;-.affic was a large issue, and cars could be left outside idling, unanended. which could cause
toxic fumes in the air. He asked the Commission to soul search, and would they be comfonable
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.
.
R~gu)ar Meeting
{ 6-19pc }
58
June J 9, 1995
.
e-
.~
, I
James Key. 6848 Brighton Drive. shared the concerns Clf the preyious !'peakers. His concerns
\\.ere for the safet)' for the children. His home would be directly impacted by the drClp-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 propert), values and he would not haye 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 W2S 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 pfClject. She agreed with the previous
speakers, and questioned the traffic survey of the area, Her main concern was fonhe safet)' of
the children. From the other daycare center at 680 I Amador Valley Boule\.ard. 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 "nd felt that could happen with the proposed daycare also.
Da\\.n 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 qualir;.' daycare and the children could hardly speak at that age. and that the noise level
would not be a problem.
!\1s. Zupeu welcomed the neighbors to approach her directly if there W2s a noise problem.
Ms. Bowen 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"lt would not disturb sleep and that
the street was already bus)' and noisy. He stated that they were not doing an)1hing 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 Jessen 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 purch2.sed the properry with the contingency that
th~y gel 2. CUP approval. \Vas 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 a.sked if they knew how long it took for the other daycare's to reach their
maximum number of children.
-----...---....----...--------------------...--------------..-------------....
Regular Meeting
{ 6-] 9pc}
59
June] 9. ) 995
Ms. Zupetz ~;tiltcd she did not know.
Mr. Zupetz stilted 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 ,,'anted 10 do what was best for
children.
em. Geist asked Staff how big My Space to Grow was.
Ms. Ram stated 20 or 25.
Ms. Ram clarified that 6801 Amador Valley Bou]e,.ard was Matilda.s daycare with ]2 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 comrol o\'er the parents dropping off kids during the
day and where they would park. He felt with two busy streets, there would be 100 many
uncontrolled siwat ions.
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 maner 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 800-1 100 e\'er)' hour and 30 more would not effect
traffic that much more.
Cm. Jennings asked what streets were included in that count.
1\1r. 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 inlO the facilit)'.
Mr. Zupetz stated that there was more than one parking space in front of the propel1y.
Mr. Tnompson stated you could finwo parking spaces if you parked in front of the driveway.
But there were 1\\'0 more on the Brighton side.
."
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/;-
Regular Meeting
{ 6- ] 9pc}
60
June] 9, 1995
'.
..
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.
\1r. 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 ha\'e to
be at work by 8:00.
Cm. Zika closed the public hearing.
Cm. LockhaI1 stated he had been involved in dropping off kids at daycare facilities. and parking
was a problem.
Cm. lib stated he was concerned over dropping off kids, and felt there was 100 much traffic in
that area. He felt that there were no mitigating factors that address traffic concerns,
Cm. LockhaI1 stated although there was a need for daycare in the area, he felt that this was not a
good location.
....
,.-.
em. Johnson asked Staff if there were any daycare that had closed in the City within the last
year.
\.1r. Carrington stated that he did not know of any.
Cm. Jennings st3ted she was more concerned about traffic, and less with the noise b.el. She
said she was impressed with the opposition against the daycare. She tended to agree with the
t.afiic 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 facilit)' ready, have every stick of furniture in
place, fill the pool, and Community Care Licensing does not come out until the very end, and iL
takes approximately 1-3 months
-.,
, ..
..
Cm. Zika asked ifas 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 \\'as regularly
patrolled.
Mr. Thompson stated that puning in a stop sign \\'hen the warrants were not met causes accidents
because people tend to run those stop signs.
Cm. Johnson asked ifthere would be a pick up lane in front of the house.
-------..----------..--...---...-------------------------
June] 9, ] 995
:,'
R~gular Meeting
{ 6. ] 9pc}
61
Mr. Thompson Slaled there ".as only enough room for a bike lane. and trafiic lane. bUI nOI a
drop-off and pick-up lane.
..
The Planning Commission had a discussion on the trafiic issues.
Mr. Thompson slated that the center could direct parents to drop kids off on Brighton and not on
Al7lador 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 ,,'ith a \'Ole Df 5-0. the Planning
Commission unanimDusly denied
PA 95-01 i
CO:\DITIONAL USE PER..t-.lIT FOR A DAY CARE CE:\TER L'\ A SI:\GLE
FAMIL" HOME THAT WILL HA VE A MA..\:lMliM STCDE!\"T A TTE~DA;':CE
OF 30 CHILDREN, AGES 2 THROUGH 5 YEARS.
.
em. Zika stated the Applicant had 10 days 10 appeal 10 Cir)' Council.
Crn. Zika declared a 5 minute recess.
a ital J r m nr r "r
ger, explained the Capital ImprDvemen ~ tD the new Planning
CDmmissiDners, he outline e new capital improvement pr . cts tD the Planning Commission
and rD:::used on the new projects, ut would answer anypilier questions the Planning
CDmmissioners may have. He state ere may be ~ed tD expand the PDlice Services area
when new staff are hired when Eastern Du"n 'es off. That would be the only Public Works
related project. In respect to cDmmunit)' i ro\ ents, the sidewalk safety is a maintenance
program, which has histDrically been ne since 19 :"l In the Parks and Recreations renovation
area.. the Dublin SPDrts GrDund r" DvatiDn which had be_~dentified in Jast years' program. and
that they have done some w . on that prDject. There are aJ~ ree maintenance projects: the
swim center deck repai hannon center flDDr CDver replacement . t must be dDne fDr safet)'
purpDses, and a.!!r Iti related item which refers tD the Shannon cente ~'indow replacement.
stated that the redecking a1 the swim center was done in ] 990 and di
wagain. Does the contractor have any liability.
.
/
Regular Meeting
{ 6- ] 9pc}
62
June] 9, ] 995
I'~I~"'" ~--
. june :9.:995
Planning Commission
City Of Dublin
",00 Civic Plaza
Dublin, Ca. 94568
Dear Commission Members,
My name is Don Krekorian and I reside at 6842 Brighton Dr.. On June 2, 1995,
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
t..ssociate Planner, Jeri Ram. Ms. Ram was very informative and explained a number of
issues regarding the request for a Conditional Use Permit ~t 5637 Amador Vailey Blvd.
il.~s. Ram explained the different levels regarding day care/preschool regulations:
:";
.'
,.3 children. no permit required.
7-12 children. which.1 understand to be an Adminisirative Permit
i 3 chiidren & on . The Conditional Use Permit.
Ms. Ram also provided me with a copy of the Negative Declaration Report, which I
have reviewed.
I,"y presence here before you this evening is prompted by a number of reasons and
issues.
My residence at 5842 Brighton is next door to 6837 Amador Valley Blvd.
.:.
would like to let you know that I am opposed to this Permit because of the following:
1. Traffic
The intersection Df 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 Df schools supporting the
student body, Dublin High, Wells Intermediate, and Fredriksen Elementary.
Starting at 7am and cDntinuing through the day. the traffic is constant.
This is because of the split programs that are offered at the 3 local schools.
Frederiksen Elementary orfers an early bird/late bird program which
students can start at 8:30am and end at 1 :50pm, Dr start at 9:30am and end
at 2:50pm. Similar programs are Dtfer to the Intermediate and High School
students. ATTACHMENT 3
l-/5
3ecause of this heavy lraffic, cars can be backed up, on Brighlon, 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 \'I'ill 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 le11 from
Brighton on to Amador Valley Blvd.
We also must take into consideration the 2ges 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 fDr 2. playschoDI.
3. Noise
I 2m curiently employed by a company based in South San Francisco
and my employer allows me to work from home Monday afternoons, Tue~day,
Vvednesday, Thursday and Friday mornings. As shown in the f10Dr plan Df my
residence. I wDrk in bedrDom #1 which is tDwards the front on the house and
the window is only 9'4" from the fence, which is the back fence of 5837
Amador Valley Blvd.. I have also taken phDtDS from the bedroDms #1 and 2,
and of my side yard.
As YDU can see I look directly into the back yard of 6837 Amador Valley
Blvd. Although the proposal fDr the playschool states that no more than
10 children will be Dut at Dne time, hDw and who is going tD regulate this.
I have 2 children and I knDw how loud they can play. 10 children or more will be
tDD noisy and will interfere with my working ability.
.
4. Property Value:
I have purchased my hDme to be in a residential area, not next to a
school. If I wanted to live near a school. I wDuld have bought Dne near Dr
across from a SChDOI.
No study has been submitted regarding this issue and I feel that the city
shDuld supply the surrounding residents of 5837 AmadDr Valley 5lvd. with a
cDmplete review regarding this issue.
If the value of the surrounding homes go down nDt Dnly dD the residents
lose. but SD dDes the city. Taxes!
.tt
/6
.. I r.ave also lalked 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
5842 Brighton
Dublin, CA. 94553
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June 19, 1995
Mr. Laurence L. Tong
Planning Director
City Of Dublin
100 Civic Plaza
Dublin, Ca. 94568
Ro' Project PA 95-017 A Creative Playschool located at 6837 Amador Valley Blvd.
Dear h~r Tong,
Atiached is a list of Dublin residents that are opposed, to the City Of Dublin's, Pjanning
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 stronoly request that this
Planning Permit Not be granted.
VI/e request that this letter and the name"s attached be included in the Planning
Commision file on this issue.
Regards,
The Neighbors of 6837 Amador Valley Blvd.
C-.
\...
Guy Houston - Mayor
Dennis H. Carrington - Senior Planner
Carol R. Cirelli - Senior Planner
Ralph Kachadourian - Ass!. Planner
Jeri Ram - Associate Planner
Neighbors of 6837 Amador Valley Blvd.
.
ATTACHMENT L/
L
i""ellllon 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.
...
Name Address
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Ahft4DOR VALLEY BL VD.
x - 3337 ,4m2.:br Vali?y Blvd.
o - OPPOSED
i-J - NOT AVAiLA3LE O~ h)O COiv'li\!IENT
23 Households - 32Qo
17 Households - 38%
-RECEIVED
JUN 2 7 1995
CITY ut- uu8LiN
J.;:.net A. Zupet=
5525 Old School ROad
Ple~s~ntDn, CA 94558
.
K~y Keck, City Clerk
D~~li~, CA 94565
APPEAL
?~: ?l~nn~ng Ap?lic~tion FA 95-017
A CREATIVE PLAYSCHOOL - 6837 A~do~ V~lley Blvd., Dublin
Conditio~~l Use Pe~~it
''/.'e, J~:1et A. Zupetz and Da....':'l R. 30wen do hereby "AP?EAL" the
~ecision ~de on June 19. 1995 by the Planning Co~ission not
to ~p:?:-ove t~e CO:1dit.ion~l Use Permit :or "A CREP.TIVE ?LAYSCHOOL"
a qu~li~y d~y c~re center.
O~r ~??eal is b~sed on tbe followi~S:
1. A ~e~ative declaration w~s issued ~er~~y s~ati~S tbat
~~e ?~Dject ~ill ~O~ h~ve ~ si5nific~nt effec~ D~ ~~e
e~~iron~e~t as st.at.ed in EXHIBIT 3.
?
r.p?arently ~ne planning CO~iS5iDn com?le~ely ignc~ec the
expe:-t testi~ny of tbe City's Se~ior ?lan~i~5 and t~3ffic
staff as to regard to a com~letelv ne~ative environ~ental
i~pact -study; further~ore, tbe traffic e~5ineering depa:-tment
testified tbat any traffic impact f:-o~ ~he cay care center is
not. ~asurable. Purthermore, the commissio~ apparently was
not concerned with a desperate need in tbe communi~y for
.. qU31 i ty" day care nor were they c::mcer:led vd -:h the :merit of
the project with regard to Public Policy of the State of
California to encourage child care centers in residential
.
~re.as.
The above are Dnly some oi the issues involved. ~e ask that
~be Public Bearing tor the above be held on July 25, 1995.
Please do not send the nD-:ice of Public Hearing (Certified) to
:::le, I ",.ill pick it up when I return on July 23. Please send a
CO?y of the notice of Public Hearing t.o my At~orney:
Ralph D. Hughes, Attor~~y at ~a~
4471 Stoneridge Drive
?leasa~~on. CA 94568
.
cc: Ralpb D. Hughes
A IT ACHMENT
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LOCATION l\1AP
BRJGHTON DRIVE
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A IT ACHMENT ~
CITY OF DUBLI1~
CONDITIONAL USE PERMIT
PROPOSED DAY CARE CENTER - "A CREATIVE PLAYSCHOOL"
4. Ve 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 wi 11
off~r a Pre-school program as part of the Day Care Cent~r
.s.ctivities.
We will be serving breakfast, lunch aDd 2 snacks
of well balanced ~al5 according to the laws set forth by the
State.
Our children will have interesting age appropriate
.s.ctivities 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 sUIfic1ent
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,
10 two year olds will be playing outdoors for 1/2
hour,
then 10 three
they will go in for a quiet activity;
year aIds will have outside play for a 1/2 hour; finally 10
four year olds will use ~he play yard for a 1/2 hour. Ten
well supervised children will certainly not pose a noise
proble~ in the large yard area.
The facility will essentially
.
.
.
~C~fVE~
ATTACHMENT~, 1~~~~~
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.
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'~e ':ac~nt 0:1 "lee
")os e):ce?t for nor~l cle;
ng, etc.
3. There is .:: definite need for "quality child d.::y c.::re" in t:be
Tri-V.::lley are.::.
The ce:nter "My Sp.9.ce to Grow" which is
located near the intersection of Anador Valley Blvd. and
Village P.9.rkw3Y is full with a w3iting list.
Also,
Tots
University, on Oxoow Lane, is full with a waiting list.
As \",e beco:!!8 filled we are pl.::nnir1g to hire ROP students from
Dublin High School to work as aides in our center,
further
enh3ncing service to this community. We .9.re also p13nning for
the children to do special co~unity outre.9.ch projects like
recycling,
food .9.ud clothing drives for needy families,
singing fc~ senior citizens in D~blin and S3n Ramon Senior
Centers.
~.
The
is properly
related
to other
land
.9.nd
uses
use
transportation service facilities in the area because A~dor
Valley Blvd. is a convenient connecting Boulevard to businesses
and freeways.
There are ~ny schools in the nearby area;
Elementary,
:Middle School,
High School,
and a :Montesorri
School.
Although "6837" ...i11 be used :for a Child Care Center,
the ou-tside 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
aodi::15
ne\->' roof
a:J.d
gutters,
rep~iring
the
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existing
broken-do\->~ fence,
removing the obtrusive and
illegally placed nP-tal storage shed fron the premises, and
?E:.i:-,-ting "t::02 ext
lor of "the e~tire house.
Hill be
?~Dning e~d planting new shrubs on 3righton as to add to t~e
~"t-:ractive:Jess, class aDd value of the neighborhood. If the
.:
Center is approved,
the in-ground swimming pool will be
removed,
3dding
to
the peacefulness of the
existing
neighborhood not to meD~ion conservation of valuable water
resources.
c. The use will not neterially affect the health or safety of
persons residing or working in the vicinity.
Happy.
safe,
well cared for chilcren can only add to the well being and
character =: the neighborhood.
Q. T~e use will not be contrary to the specific intent clasues
or perfor=.=.nce standards established by the district as "6837"
will still ~intain it's residential character as a home, and
therefore ~rovide a home away from home for young children and
a much needed service for responsible working parents.
.:
Other infornation:
The Child Care Center "A CREATIVE PLAYSCHOOL"
for 30 children will require about 2 full time employees and 2
part-time eEployees, (nore Dr less depending on enrollment).The
full-time employees are the mother & daughter (owners). The hours
of oDeratioD will be 7:00 a.m. to 6:30 p.m.. Monday - Friday. The
childr-en
are dropped off and picked up at various times
t~roushDut the day as no~ to aIfect the ~rafIic flow.
\I'1~:b. "the
already existing schools in the neighborhoDd and the ~raffic flow
on
A!ll3.dor V:=.lley,
the traffic frDm our center will
be
.
c(.,
rl2 S 11 S i.:i ~t; 12.
Also~ _-~ote,
~he speed limit is
miles per hour
cn A::=.::.dor v~lley Boulevard.
.
Althous~ we a~e applying ior 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
-..
.r .~
~he1r entertaining and outdoor relaxation and sleeping in on the
weekend.
Tbe eliminEltion of the swiJ!'JIlir~s pool will certainly
e11mina~e naise problems during the day, evenings and especially
weekends and holidays of the hot s~mmer 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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1995
A CREATIVE PLAYSCHOOL
6837 A~dor V~lley 31vd. - Dublin,
CA.
?RO?OSED ALTERN.4 T I VES TO OR! GIN AL 3U2.Y. 153 ! ON
.4lt-=r::~tive 2
Ori5i~~l ?l~s ~he following c~~n5es:
.'
.
1.
C:-e~te
Inst.all
~c'...:se.
".;se 3.5
sloped
3 3rishton Street. side pri~ry en~r~nce.
3 ~alkway fro~ Brishton sidewalk to side of
Inst.all a door in ~~e side of the ~c~se to
a ?ri~ry ent.r~nce. ~alk~ay.t.o ~e ~rG?erly
;~d l~~di~SS ~s ~€cess~ry.
~~~e rear f~nce S iee~ hiSb.
3. ?la~t shr~~5 across back fe~ce l~~e as prac~ical ~o
t~e ext.e~~ ~~a~ t.be neishb~rs ho~se ~orders t.be fence.
4. Y~ke 3 2 car c~~crete eff st.reet. ?arki~S area in North
3ast corner of lot. Kove fence as needed. Install
proper curb entrance fro~ street..
5. Move entire 3riEnton side fence closer to side~alk.
Inst::l.ll gat.e wit.h alarn z:.s pri:m.=:.ry entr~nce t.o the
new walkway to the new side dDor.
1
J\;:1e
';.. Cl
-- ,
19':-5
A CREATIVE ?LAYSC~OOL
6837 A~dor Valley Blvd. - Dublin, CA.
?RO?OSED ALTE~NATr~~S TO O~!GINAL SU3MISSION
Al~er~=tive 1 - ?referred
0~i5i~51 ?l~s ~be iollc~ins ct~~ses:
1. Cre~te a Brighten Street side 51ter~=tive entr=nce.
l~s~=ll co~crete w51kway. E~st to ~est. fre~ front
dos1' 1=ndi~5 t.o Eri5n~on s:ide\-:~l}-::, \-.:ith pro?er slopes
~~d c~~er ~ecui~e~ents. Tbis 51V~5 2 difie~~~~ s~r22t
e~~r~nce al~2r~~tive3.
2. Y~~2 ~~~~ i~~ce e ~C~~ ~!S~.
3.
::>.:ck ;: e:-lce 1 i T~.::
~s :>r .=:.c: i c.::.l. To
?lan~ s~r~bs aC~DSS
t~e ex~e~~ ~h~~ ~~e
;)ei.s:h~s:--S =JDi.2S~
-
~8rders tbe f2~ce.
/---
!/
iM'CEIVED
JUH:1 D 1995
'\
..
.:
.
.:.
June
?Q
~- I
1995
A CREATIVE PLAYSCHOOL
6537 Att3do~ Valley Blvd. - Du~lin, CA.
....
.".
?RD?OS~D ALTERNATIVES TO ORIGINAL SU3Y.I5SIO~
J..l-:.=::....:~~-::..'I;..'fe 3
O~:~i~~l ~l~s ~~e followi~g c~~nses:
...., .
'.~ 1. C=eate 3 3ri5h~Dn Street side 31ta~native e~trance.
I~s~all concrete ~31k~ay, East ~o Ves~, fro~ fr~n~
coor lancing to Erighton sidewalk, with proper slopes
and other require~nts. This gives 2 different street
ent~=nce alternatives.
....
...
2. Y~ke re~r fence B feet high.
3. ?lant shrubs across back fence line as practical. !o
tbe e>~ent tbat the neighbors house borders the fence.
-4 _ Y.a!:e a 2 c.:=.~ concrete off-str€":et p.=:.::-kiDS area in North€":ast
corner of lot. Move fence as needed. Install proper
cur~ entrance f~om street.
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rieceived (4.3 320-30) the City Treasurer's Investment Report os of June 30. 1995. showing
.._= City's investment portfolio totaling :$22.006.245.38 with funds invested at on overage
nual yield of 5.874%: and
.~dopted (4.4 820-90)
RESOLUTION NO. 80 - 95
ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH A RIGHT-OF-WAY LINE
FOR DUBLIN BOULEVARD FROM THE EASTERN BART ACCESS DRIVE TO HACIENDA DRIVE
Received a Status Report (4.5 200-20) related to reactivating City fountains: and
Approved the WalTant Register (4.6 300-40) in the amount of $1.418,692.48.
Cm. Barnes pulled Item 4.2 from the Consent Calendar and stated she would like the City
Council to formally thank the Women's Club of Dublin. They are a great group that always
wants to support the Senior Center.
, .
On motion of Cm. Howard, seconded by Cm. Moffatt, and by unanimous vote, the City
Council Accepted 0 gift (4.2 150-70) of 0 Cuisinari Classic Food Processor valued at $150 for
.e at the Dublin Senior Center from the Women's Club of Dublin and directed Staff to
~pare 0 formal acknowledgment to the donor. .
.-...+
r;UBLlC HEARING - APPEAL OF PLANNING COMMISSION DENIAL
A CREATIVE PLAYSCHOOL CONDITIONAL USE PERMIT PA 95-017
7:37 p.m. 6.1 (450-50)
em. Moffatt stated he would disqualify himself from this discussion and vote due to a conflict
of interest in that his wife is in the childcare business.
..
.,
!\/loyor Houston opened the public hearing.
The Planning Commission on June 19, 1995, unanimously denied 0 request for 0 CUP to
operate 0 child core center in a single family home at 6837 Amador Volley Boulevard. The
cenier would have 0 maximum attendance of 30 children. oges 2 through 5 years. The
A;J;:>iican~5. Janet 1-." ZupeiL and Down 2. Bowen hove appealed the d-ecision io the City
Council.
.;......................................~~..~~~~.~~.~~~..................................7/
VOLUME 1~
REGULAR J\"1EETIN G
J ul:y 25, 1995
PAGE 395
(XBD
~5
.". ..f"ssociate Planner Jeri Ram reviewed the Staff Report which covered project description,
.nd Use/General Plan. Environmental Review. State of California Policy. City Regulations.
and Planning Commission Meeting. Under Stoff's analysis, areas addressed were noise and
parking, traffic and accidents,.
Ms. Ram stated Stoff evaluated the increase of traffic and parking that would occur at
maximum capacity of the daycare center with a worst case scenario. The analysis found
that there are adequate legal parking areas to allow for 6 cars to park for 6 minutes at the
same time. This would allow for 6 parents to drop off their children at the same time without
parking adjacent to any of the neighbors' properties. At maximum capacity, the facility
would hove 0 staff of 4 persons. All staff parking would be provided on site: 2 within the
existing garage and 2 on the driveway. Additionally, concrete would be poured adjacent
to the driveway and the path to the house. This would provide for 2 on-site parking spaces
for parents visiting the Center. in addition to the stoff parking spaces.
..
,..
Ms. Ram stated complaints had been received from citizens regarding traffic at Amador
Valley Boulevard and Brighton Drive, especially during the morning preschool drop off hours.
Presently, traffic is controlled by 0 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 occident rates at thot intersection did not
.Aarrant an all-way stop sign. Traffic would have to more than double on Brighton Drive
.~fore the traffic warrant would be met.
.-
'-.'
A copy of a letter received earlier today by the Planning Department from Beverly and
Kenneth Wright, 7236 Newcastle Lane and Carole and Richard Patrick, 7258 NewcQstle Lane
was distributed to the City Council. ("Depr Planning Commission: We ore writing to voice our
opposition to the above proposed Preschool facility. A facility of this size, at this site, woUld create enormoUS
traffic problems of the intersection of Brighton Dr. and Amador Volley Blvd. This is already an extremely busy
intersection at key travel times during the day. The students en route tp both Frederiksen Elementary and
Dublin High Schools travel via these streefs/intersection as weD as those en route to WeDs Intermediate. We
have students offending two of these schools and fear for their safety. There are no stop signs or crosswalks at
this intel3ection which is dangerous in itself. With a proposed preschool of up to 30, these add/Jional cars
would creote gridlock of an unimaginable magnitude. Also, the parked cars dropping off and/or picking up
chl7dren will further odd fo a chaotic situation. We feel it would be in the best interest of ourselves, our
neighbo!3 and the neigl1borhood itself to reject this project unless it is severely scaled down in size or, more
better, relocated to an area that could handle such 0 iarge project. Thank you for your attention to this
matter. Signed by Beverly &. Kenneth Wright and Carol Patrick.'')
..
, '"
A copy of a letter received earlier Today by the Planning Department from the Blakes, 7192
Newcastle was distributed to the City Council. ("DEAR PLANNING COMMISION BOARD, WE ARE
VEHEMENTl Y OPPOSED TO THE PROPOSED CHILD CARE FACILITY AT THE CORNER OF BRIGHTON AND AMADOR
VALLEY. WE FEEL THERE HAS TO BE SIGNIFICANT CHANGES TO THE INTERSECT/ON BEFORE A FACILITY OF THE
eROPOSED SIZE COULD OPERATE SAFE! Y. FOR NO LESS THAN 250 FAMIUES THAN DROP OFF KIDS A T
..******.*********..*************.*************************.*****.*.***************************************
G'J
qTY COUNCIL MINUTES
VOLUME 14
REGUL4.R MEETING
July 25, 1995
PAGE 396
FREDERICKSEN AND WELLS THE DA YCARE TRAfFIC WOULD SEVERL Y HAMPER THESE MORNING TRAffIC.PATTERNS
NOT TO MENTION ADD TO THE ALREAD Y STRETCHED SAfETY PROBLEMS A T THA T INTERSECTION. IN ADDITIO.'E
STUDENTS AT DUBLIN HIGH SCHOOL WOULD HA VE THERE TRAffIC AffECTED. WE ALSO fEEL THAT THE
IMMEDIA TE IMPA CT ON NOISE AND TRAfFIC MA Y LOWER THE VALUE Of THE HOMES IN THE AREA AFfECTING
THE REGIONAL TAX BASE I FEEL IT IS THE BEST INTEREST Of THE CITY Of DUBLIN IF THE PROPOSED DA Y CARE
PLAN BE SCALED WA Y DOWN OR MOVED TO A DlffEREf.jT LOCATION. WE THANK YOU fOR YOUR
COOPERATION IN THIS MATTER. VERY TRULY. THE BLAKES" /sic})
Ms. Rom displayed slides of the project site.
Cm. Burion questioned the widths of the side yards in this area and asked about setbacks.
Ms. Rom stated she had not measured this.
Cm. Burion asked if CC&Rs were involved.
Ms. Rom stated the City does not administer any. If there is 0 homeowner's association they
would have to approve this use.
/vloyor Houston felt any CC&Rs for this area would not typically be what we see in newer
developments.
. .. . R'alPh Hughes, Attorney representing the Applicar:t stated he also lives in this area. With.
regard to CC&Rs, there are some in effect. They are fairly old. There is also another daycare
about 3 doors down on Amador Valley Boulevard. If CC&Rs were prepared today, they
would probably be quite different. Staff members have already examined this project very
carefully and find that there are no significant impacts on the community. This is a well
traveled area of roadway. During peak -times, it is also well traveled by vehicles, pedestrians,
etc. This is not a quiet subdivision. The Staff Report clearly indicates that there is already a
fair amount of noise in this area. A CUP is intended to deal with the interest of the public at
large rather than just a few. People opposed have various reasons for their opposition. Their
opposition does not represent the public as a whole. The home was purchased solely for this
purpose. No one will reside in the home; it will be used solely as a daycare. They have
complied with aI/licensing laws. There is a lot of government involvement at various levels.
Noise is not and should not be an issue. There are a lot of things that annoy people. Having
a daycare center is a necessary and important use. The City Council must consider if the
CUP falls within the mandates of law and whether this use seiYes the use of the general
public. City Staff has very carefully examined 01/ the issues and they are neutral. The result is
there is no significant negative impact and this must be balanced with the positive impact
that the City would benefit by having quality childcare. He felt the only real issue is whether
or not there will be unreosonable congestion and traffic. This project will be of great benefi.. .::
.;
..***.*.*******.~*******.********.***.**-**.******..******..****.*~.***.****~**.*..~.********.**.*****.....
6'5
~ITY COUNCil. MINUTES
VOLUME 14
REGULtffi M:EETIN G
July 25,1995
Tor the City. He requested that the City Council follow Stoff's recommendation and
e::>prove the projeci.
tl.~ayor Houston read comments submitted by Georgia DeStefano, 6825 Amador Volley
:;t"-~ to1- .f......e.
Boulevard. "I personally feel the above mention subject before you should NOT be grated. I do not feel
this location is safe and condusive to the well being of the community. I did not wish to live next to a school
and when purchasing my home I had the choice and did not seek residence across the street from 0 school.
Please do not approve of this request #PA-95-lJ17 I do not believe a vocant home in the evening and
weekends to create a security ond vondolize. " (sic)
:.
."
'.
Mayor Houston read comments submitted by Art Bielski, 6813 Amador Volley Boulevard.
"CAN I ALSO START A BUSINESS IN MY GARAGE??"
Mayor Houston advised Mr. Bielski that os long os it were on allowable home occupation
and if he went through the proper process and got a business license, he could indeed start
a business from his home.
Allan Owens 6802 Amador Volley Boulevard sto.ted he spoke recently when we were trying
io increase the speed limits on Amador Valley Boulevard. The degree of concern about
traffic issues is great. He gathered a lot of signatures expressing a number of concerns about
traffic on Amador Volley Boulevard. A lot of people hove problems backing out of their
.'~veways. He discussed the daycare that is present there now. It's licensed for about 10 or
_ .2. kids and they have about 7 kids. He watches traffic coming and going from this facility. It
is not disruptive, but it's on the verge. If you multiply this by 3 and move it down to a
crowded comer, you will have gridlock. Anyone who doesn It believe this should go there
when school is in session. It is 0 danger to kids and a traffic hazard. With regard to the
comment of daycare b,eing in the public interest versus the neighborhood being a selfish
group, there are a number of people opposed to this daycare center. This is a bogus
argument and doesn't wash. In a lot of communities, he has noted daycare centers in
commercial areas. You see these creative solutions because other communities hold the
line. Dublin should also. The argument that they already have traffic problems and ore a
noisy neighborhood, so just go ahead is ridiculous. The statement that the home was bought
solely for daycore purposes, the Real Estate agent expressed surprise that he didn't know this
was the reason for the purchase. A question that was asked before the Planning
Commission was why didn't they get 0 contingency based on getting their approvals. Staff
said neither approve or disapprove, they didn't recommend approving the project as the
Attorney soid. The Planning Commission seemed convinced that this was the right idea, but
i:l the wrong place. He hoped the City Council would siand behind the Planning
Commission on this.
.~ .
.:.
~~~.~~~*~~~~~~**~~~~~*~~~*~*~T.*~~**~**T.*~~~~**T.*~~*T.****~*******~*******~~*~**T.~r.r.r.*****************~*****
be;
crn' COUNCIL MINUTES
VOLUME 1.J
REGULAR MEETING
July 25, 1995
PAGE 398
Lois 0' Keilly, 6969 Amador Valley Boulevard stated she had owned her home for 14 years
and sold real estate in the valley for 15 years. What she has seen is if you own a home on n.,
busy street, it is difficult to sell. In cities where you have a combination of residences and.
businesses on the same street, it is even worse. She felt this would negatively impact traffic In
the area and also create more noise. There is another daycare center at the end of the
street. Their signage is obnoxious. She did not purchase her home to be in a business district.
She is opposed to any kind of busine.s~_that has visibility on a street whatsoever.
Cindy Raymond, 6860 Amador Valley Boulevard lives across the street from the proposed
daycare. No one can convince her that there won't be a sign. She and her neighbors
make frequent u-turns there. The right turn. on to Brighton Drive from Amodor Valley
30ulevard will be completely useless. She hoped the curb on Amador Valley Boulevard
would be painted red so 011 the traffic would be on Brighton Drive. When kids are going to
Frederiksen and Wells, as well as to the high school, she could imagine that cars will be
parking across the STreet. Parking is the number one problem with this. You can't get rid of
all the cars at once.
James Key, 6848 Brighton Drive stated he lives next door to Dr. Krekorian who lives at 6842
Brighton Drive. Since his house is the one directly next to this property he asked him to
deliver a letter. He works in his home part-time. He read Dr. Krekorian's letter.
'?e: Project 95-017 A Creative Playschool located at 6837 Amador Volley Blvd. Deor City Counc/7 Membee
My nome is Don Krekorion ond I live at 6842 Brighton Dr., next door to 6837 Amodor Valley Blvd. Due to a
commitment to my employer. 10m out of town and con not personoHy be here at the meeting tonight. I
hove osked my neighbor. Mr. Jim Key to read this letter to you, so you know my position regarding this issue.
..
I hflve lived with my two children, Matthew, age 8 and Emily age 5, in Dublin since Oct. 1993 and am proud
10 call Dublin my home. When my fomily and I were looking to buy 0 home in the Tri- Volley areo, we looked in
aU of the sunounding cities, Pleosonton, Livermore, San Ramon, and DonviUe. In many of these areas we .
found nice neighborhoods, clean parks, and good schools. After looking at many homes. we decided to buy
this house thot we currently live in.
Our decision on the Brighton Dr. locotion was mode because of 0 couple of factors:
I. A quiet residential neighborhood.
2. The house is centraHy located between Fredriksen Bementory, WeDs Middle School and Dub/in High.
Ai the Planning Commission Heonng, June 19. 1995, regarding this issue, las well os many of my neighbors,
addressed 0 number of issues os to the opposition on the granfJng of the permit. I would like to make sure
that you hove reviewed my position ond issues. and I hove attached 0 copy of that letter to this one.
I understand thot there is 0 need for ch/7d core in the State of Colifornio, Alameda County and the City of
Dublin. and I don't claim to have the answers that would solve this very important issue, but I do know that the
City government must toke every step to assure that its residents concerns are addressed.
................******......*....**.*..*.******.****..**********.**.****************.****************.**.
CITY COUNClLMINUTES ..
. VOLUME 14
REGULAR MEETING
J u)y 25, 1995
70 PAGE 399
AI Ihe Planning Commissjon hearing. I oddreosed four reoso,'S os 10 my opposjlion: i. Traffic. 2. Safely. 3.
""oise. 4. Properly Values. Tonight. I would like 10 stole 0 fifth reason: The purchase oi 0 residence ior Ihe
..pose of opening 0 business.
The house will not be occupied by its owners for the purpose it was intended for. 0 home. but will be used os 0
place of busjness. The owners of Ihe house do nol even Hve in Ihe cily 01 Dublin Ihey Hve in PIeosonlon I
hove 0 big concern regarding Ihol. 10m not opposed 10 child core in 0 house, if Ihe owners live Ihere and
ore usjng Ihis os 0 way of providing income 10 Iheir family, bul i believe Ihol businesses should be localed in
the properly zoned areas of the city.
Mrs. Zupetz sloled allhe Planning Commissjon hearing, .they hod looked for 0 house in difierenl cilies before
deciding on Ihe Amador Volley Blvd. properly and Ihis broughl up several queslions: Why DuNn? Whol is the
City of PIeosonlon~ posiiion on Ihis issue? What is the City of livermore~ position on Ihis issue? Whal is Ihe City
of San Ramon and Danville 5 position on this issue? Would the residents on Silvergate support this? Would the
residents of Briar Hill support this? Would each of the Council members support this if it wos next door to their
home?
In closing. I would like to request the City Council review this issue very closely. review the minutes of the
Planning Commission Hearing and support the residenfs of the city.
I hove also attached 0 copy of a pet;;ion signed by 31 residents who ffve near 6837 Amador Volley and ore
opposed to the granting of the permit.
Thank you for letting Mr. Key read this to you on my behalf. Don Krekorian 6842 Brighton Dr. (Attachments
were: Letter 10 Planning Commission doted June 19. 1995: Diagram of his floor plan: Lefler 10 Planning Direclor
.....eIoled June 19. 1995: Copy of pelilion opposing the CUP signed by 31 people; Letter io Dublin City Council
..m 'The Neighbors of 6837 Amador VaHey Blvd. signed by 32 people.)
Mr. Key reminded the City Council that the Planning Commission decision was unanimous.
This is a safety concern for the neighborhood,
Mayor Houston read comments submitted by Angelina Fountain, 6980 Doreen Court, "Traffic;
Exposure fa noise (bofh for the children & Ihe neighborhOOd); comer lot unsafe because of the possibifily of
occident I live with 0 home in the furthest point of my yard. the noise level is tremendouS: I bought my home
to ffve in. not for 0 profitoble business venture oreo; we don" need more noise: vondoffsm on business during
the off hours; (sic)
Mayor Houston read comments submitted by Dawn Gallup 8375 Davona Drive. 7 don't think
thot this location is 0 very good spot for a center. As you know there ore many fomily childcore home
nearby, Plus on the other end of the street behind AM-PM is already 0 childcore center. I feel that this is 0
childcare over lood. Thank you." (sic)
Floyd Chavez. 7444 Stagecoach Road stated he was one of the 62 petitioners. He has lived
here since 1970 wh'3n this wes a small community. He understands the Zupeiz are resid'3nts
of Contra Cosio County, The lawyer commented that it doesn't bother him because he
lives in Pleasanton. Dublin people have been called a lot of names over the years. If they
want 0 business, lei them locate in a commercial area. We will end up with a used parking
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CITY COUNCIL MINUTES
VOLUME 1~
REGUL.4.R MEETING
July 25,1995
01 PAGE 400
lot. He does not appreciate the thought of having a business like this in 0 residential area.
~e is a businessman and pays his taxes. He drives home on Amador Valley Boulevard ev.
day. There is a lot of traffic. He is opposed, along with 62 others, having this childcare co. _.J.
into Dublin.
Mayor Houston read comments submitted by Betsy Key, 6848 Brighton Drive. '/l\s the Planning
Commissioner stated. it's 0 good ideo but definitely the wrong location. Safety is the main issue. The house is
located at 0 very busy intersection & my concern is for the safety of the chl7dren. "
Leonard DeStefano, 6825 Amador Valley Boulevard stated he is opposed to this proposal.
Questions were asked of him related to CC&Rs, and he asked the Council to elaborate.
Mayor Houston explained that CC&Rs means rules called covenants conditions and
restrictions. A project operates under these rules. Usually all areas have them but they vary
quite a bit.
:,.
Mr. DeStefano expressed concern about the Pleasanton address given by the applicant. He
tried to locate Old School Rood on the map and found out it is actually in Contra Costa
County rather than Pleasanton. He understood that a CUP was to be applied for during the
purchase of a residence. He thought they had to state to the lending agency what they
plan for the property. He questioned if it was stated to the lending agency that they
planned to use it for a business when they took out their loan. Many of the people who live
in the area have lived there for many years. There ore many retirees. He works nights and ,;..-.-
home during the day when this congestion will occur. He pointed out that in addition, new
East Dublin traffic will be added when that area develops. Many of the people will
probably let their engines idle during the time they are dropping off or picking up their
children and this will not be good for the environment. This would- be 30 cars twice a day to
add to the poor air quality. We do have a noise ordinance in Dublin and it indicates that
noise should subside within 15 feet or not be heard within 15 feet. Mr. Krekorian' s yard is
within 9 feet from this property. With regard to creative solutions, there ore a couple of
vacant schools in Dublin that could be rented or leased and used for this specific purpose.
In acquiring the signatures, they are not just from the immediate area but from a cross
section of Dublin. There were only 2 people that were hesitant and did not sign the petition.
This means that approximately 97% of the population are against this proposal. If the City
Council wants more signatures, he questioned how many they should get.
..
'.
...
Dawn Bowen stated she lives at 6700 Dougherty Rood and she travels Amador Valley
Boulevard at all hour.'5 of the day and night. She has never seen the traffic jams the people
are discussing. She jogs there regularly. She doesn't want to create a school like
environment for her children. but would rather hove a home environment.
.
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CITY COUNCIL MINUTES
_ VOLUME 1-4
REGUL4..R MEETlNG
July 25, 1995
PAGE 401
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,:_Nlayor Houston clarified comments about the address being in Contra Costa County versus
.easanton and stated he was aware of situations with the post office where the address
~ometimes gets listed in a postal area when it is physically located in another area:
sometimes addresses do not jive. With regard to lender information, this is not in the purview
of the City. They could hove paid cosh for the-property for all we know. In any event. the
City does not involve itself with this.
Janet Lockhart, 8136 Creekside Drive stated as a business woman in the community, she
stood up for daycare. She knows what it is like to need doycare and to have employees
who need daycare. This is a critical need in our community for people to have their children
close at hand. Contrary to seeing this as a deficit for the community, she saw it as a positive.
We can attract things because of this. She lived for about 10 years in a home that backed
up io a daycare on Dublin Boulevard. She could hear ihe kids on occasion, but she greatly
preferred this to freeway noises.
janet Zupetz, Applicant 5525 Old School Road, Pleasanton, stated when she addressed the
Planning Commission she went through her childcare philosophy. If something is not good
for children, you do not do it. Parking was addressed. A parent handboo~ is provided. All
these things can be addressed in the handbook. A friend of hers who has a daycare center
in Hayward actually blocked out a schedule for parents to drop off their children. Things like
_:'is can be addressed. She would be happy to address any concerns of the neighbors. She
_ ~lieves totally in a non-violent childhood program. She doesn't wont the neighbors saying
they're the bad guys. The sign on My Space to Grow is a big sign and perhaps the person
who addressed this sign didn't look around Amador Valley Boulevard. There are a lot of cars
and boats. Mr. Krekorian is a maie and does business out of his home. She is a woman and
questioned if she has a right to b.ave a business from her home. With regard to the concern
about parents leaving their engines idling, this can be put in the handbook and addressed.
Cm. Barnes asked if she had applied to the State yet.
IJt.s. Zupeiz stated no she has not. The licensing could be for less than 30.
Cm. Howard asked if there is a problem starting earlier so the drop off time could be earlier.
Ms. Zupetz stated she opens at 6:30 a.m. What's best for children is to hove a 10 hour day in
childcare. She hates to extend the hours.
Sandra Chavez, 7444 Stagecoach Road commented that this is a zoned residential area
ond not a commercial area. This is not a home, when someone doesn't live there and is
.u;ming 0 business there. Therefore it will be 0 commercial business building.
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CITY COUNCIL MINUTES
VOLUME 14
REGUL~R MEETING
Jul;y 25,1995
PAGE 402
1~
D. Gallup, 8375 Dovono Drive stated they just moved into the community. She is 0 childcore
provider and understands how she will have her handbook. From being in the business .-.:"_
15 years, it doesn't go that easily. Childcare is desperately needed. Family home is nee (j
for infants and a center is usually to give 0 school environment. Parents don't always go by
the handbooks. This will be a problem. This is a difficult location traffic wise. She is licensed
for 6 and she has 0 parking problem. There is usually a 5 to 10 minute span when parents
arrive. Family day care homes can Doly go up to 12. A center belongs in a business setting.
8:48 p.m.
Mayor Houston closed the public hearing.
Cm. Burion asked City Attorney Silver if there were any special rules since this is an appeal.
City Attorney Silver stated no.
Cm. Burian felt there was no doubt that there is 0 public need. People need a place for
their children. The neighborhood is involved because people bought their homes there.
From a legal standpoint, it has been determined that a CUP is allowed in this neighborhood.
Stoff was neutral in their appraisal. When you get into inconvenience, noise, etc., this is very
subjective. Traffic safety is very imporiant and becomes 0 judgmental issue. His perception
is that people dropping their kids off who are late to work would be in a hurry and double.' -._"
pork if they had to. Signage is not a problem as far as he was concerned. If a business is
legal, they are entitled to a sign. They bought a home to go into business. It was
inconceivable to him that they would purchase a home without being sure they could use it
for this purpose. If the appeal is not granted, they could rent the house, or sell it, or live in it.
The home is still there. They 9id not prepare properly for the application in this
neighborhood.
em. Barnes clarified that the Zoning Ordinance recognizes that daycare centers in
residential are a permitted use. The State Legislature has adopted laws to encourage
childcare facilities in home settings. She has to see to childcare for a grandchild. She would
like them to stay open to extended hours. She did not feel they would be licensed for 30
children because of size. She encouraged the rule io go to 9 am before the children can
go ouiside. Children laughing and playing should not be classified as noise. She noted that
the appearance of the home at this time is less than desirable. This brought up property
values. This house needs 0 great deal of work. We should absolutely not allow any parking
in the front on AmaDor Valley Boulevard. Children do not belong in commercial businesses
where there is not the family atmosphere. With so many parents working in this community,
children coming to and from school can go to this facility os 0 safe house.
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CITY COUNCIL MINUTES
VOLUME 1-l
REGULAR :I\1EETING
July 25, 1995
PA GE 403
16:/
Cm. Howard referenced that there are no empty school facilities in the area. She is hesitant
.,--.:J put children in an office space area, pa~icularly after the bombing in Oklahoma City.
ere is 0 daycare center on her street. The kids know exactly where to go. They feel
comfortable that they can go there. The kids will not be out by themselves. She did have a
problem with traffic and would prefer that it be open at 6:30 am. She would not want to see
30 children there, but could see no more than 20. She also was going to bring up the State
the California policy that Cm. Barnes f~!erenced. She would like to see any sign that's put
up be considerate of the neighbors.
.'
Mayor Houston questioned why they need a sign. He did not feel this was necessary.
.-
tVlS. ZupeiL stated once they get established, word of mouth is all they need. This is their best
soles iool.
Moyor Houston agreed with Cm. Barnes' ideo about no parking on Amador Valley
Boulevard. This would be 0 good alternative. Staggering the starting times would help
somewhat also.
Even though the public hearing hod been closed, Mayor Houston stated he would allow
further audience comments.
..80rgia DeStefano stated she thought we started 0 progr~m of safe house for kids with 0
sign in the window a long time ago. She has assisted many kids. There's a real hazard going
on all along Amador Valley Boulevard.
Cm. Howard felt this program had fallen through.
Ms.lupetz stated she would like to set up her center with what they call a block home.. If
there are any children walking she will have an open door policy. They can come in if they
have a bathroom need, to call parents. if they are afraid. etc. They could also start their
center at 6:30 a.m. if this would be preferable.
Cm. Burian questioned the 8' fence and if this would be in the alternate approval.
Mr. Tong stated an 8' fence could be a condition or approval.
em. Burton csked if this could be a cinderblock rence.
Ms. ZupeiL stated they anticipated putting in a lot of shrubs.
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CITY COUNCIL MINUTES
VOLUME l~
REGULAR MEETING
July 25, 1995
PAGE 404
i r; 5
tJloyor Houston felt 0 fence is more of a visual thing and not really for noise.
Cm. Burton stated he would make a motion with some conditions. The Conditions of
Approval which he wonted included: 1) The daycare shall open at 6:30 a.m., with staggered
times for parents to drop off children; 2) it shall be limited to no more than 20 children; 3) a
small sign would be allowed to begin with, and then the sign must be removed; 4) fence
must be 8' in bock; 5) no parking on Amador V911ey Boulevard; 6) children can't go outside
to play until 9:00 a.m.)
.
Mayor Houston siated he wasn't crazy about allowing any sign at all. Cm. Barnes did not
feel doycare in homes need a sign either. Cm. Burton agreed to remove this os condition
#3. No sign would be allowed.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (em. Moffatt
abstained), and with conditions of approval to include: 1) The daycare shall open at
6:30 a.m., with staggered times for parents to drop off children; 2) it shall be limited to no
more than 20 children; 3) fence must be 8' in back; 4) no parking on Amador Volley
Boulevard; 5) children can't go outside to play until 9:00 a.m., the Council adopted
RESOLUTION NO. 81 - 95
ADOPTING A NEGATIVE DECLARATION FOR PA 95-017
A CREATIVE PLAYSCHOOL DA YCARE CONDITIONAL USE PERMIT
.
and
RESOLUTION NO. 82 - 95
APPROVING P A 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-l-B-E, SINGLE FAMilY RESIDENTIAL COMBINING DISTRICT AT
6837 AMADOR VALLEY BOULEVARD
;.
....
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PUBl.:IC HEARING
LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 83-2 (TRACT 4719)
9:08 p.m. 6.2 (360-20)
Cm. Burton announced that due to a conflict of interest he would not participate in any
discussion and/or vote related to this issue.
Mayor Houston opened the public hearing.
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G
CIIT COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
July 25, 1995
.
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11
RESOLUTIO:'\' J\O. 81 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
----------------------------------------
APPROVINGPA 95-017 A CREATIVE PLAYSCHOOLDAYCARE CONDITIONAL USE
PERJ\fIT REQUEST TO ALLO\V THE OPER~ TION OF A DAY CARE FAClLIIT
(COJ\1J\1UNITI' FACILITY) IN AN R-I-B-E, SINGLE FAJ\lILY RESIDENTL~L COl\1BINTh'G
nISTRlCT AT 6837 AJ\1ADOR VALLEY BOULEVARD
. ,
..
\YHEREA5, Janet Zupetz and Dawn Bowen submitted an application requesting approval of a
Conditional Use Permit for the operation ofa daycare facility, for a maximum of30 children, as the
primai")-' use within an existing single-family residence in an R- J -B-E, Single Family Residential
Combining District, located at 6837 A..mador Valley Boulevard; and
\VHEREAS, the Planning Commission held a public hearing on said application on June) 9,
J 995; and
\VHEREAS, the Planning Commission, at the conclusion of a duly noticed publjc hearing denied
said application; and
\VBEREA5, the Applicants, Janet Zupetz and Dawn Bov,'en have appealed the decision of the
Planning Commission to the City Council; and
\\'HEREAS, the application has been reviewed in accordance v.~th the provisions of the ::.
California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (City
Council Resolution No. 81-95) for this project as it will have no significant effect on the envirorunent;
and
"'BEREAS, 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
'-"HEREAS, 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.
NO'-", 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.
I~
2
EXHIBIT~
3. The use will be properly related to other land uses and transponation and service facilities
in the vicini!)', as the Center will maintain the residential character of!he residence. A Creative
Playschool is located on a corner lot and has convenient parking. A traffic slUdy was performed .--.c.,
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 panicular 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
iT) the R- J -B-E Zoning District.
E. The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan.
BE IT FURTHER RESOL VEn THAT THE Dublin City Council does hereby conditionally
appmve P A 95-0 J 7 A Creative Playschool Conditional Use Permit application as generally depicted by
materials labeled Exhibit A, stamped approved and on file \\.'ith the Dublin Planning Department, subject
to the following conditions:
CO}\uITIONS OF APPROVA.L:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
buildin~ nermits or establishment of use. and shall be subiect to Planning Department review and
apnroval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approvaL rpL.l Planning. fB) Building. rPOl Police. rPWl PublIC Works
r ADMl Administration/City Atlome". WIN) Finance. Wl Dough~rtv Reuional Fire Authority. rnSR]
Dublin San Ramon Services District. rCOl Alameda County DeDartmenl of Environmental Health.
.
1. This Conditional Use Permit approval for P A 95-017 is to allow the operation of a daycare facility
at 6837 Amador Valley Boulevard in an R-1-B-E Single Family Residential Combining District.
This approval shall generally confonn 10 the plans stamped approved, labeled Exhibit A,
consisting ofuA.lternative No. ] Site Plan" dated June 29, ] 995, and a <<Floor Plan" dated May
30, ] 995. [PLJ
2. The maximum number of children present at the day care facility at anyone time shaII not exceed
20. [PLJ
3. The dEY care shall operate .Monde)' through Friday between the hours of6:30 a.m. and 6:30 p.m.
and shall be closed on the weekends. The operator of the Center shall ensure that the arrival time
ofchiJdren is prearranged and is on a staggered schedule.[pL]
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 10 tilling in the s.wimming pool, e:>"'1ension ofthe
driveway. and construction of an additional bathroom.
<r
J<{
2
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._ ]6.
71
5. Prior to receiving a business license, the applicant shall make all necessary improvements for an
"En Occupancy in conformance \\lith 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 2A 1 OBC Fire E>.'1inQ:uisher;
c. Provide smoke detectors in all bedrooms and hallways per the 1991 V,B.C.
7. Children sDunds shall be controlled so as nDt to create a nuisance tD the adjoining residential
neighbDrhood. ND outside activities may take place before 9:00 a.m. [PL, PO]
8.
The DperatDr of the Center shall require that children remain either inside the Center Dr in the
bad,oyard for pickup by their parent or guardian. [pL, PO]
9. There shall be a maximum Df 10 children at a time in the bad.-yard of the Center. \I./'nen children
are in the bad....yard they shall be supervised by a Center employee at all times.
J D.
Prior tD the establishment Dfthis use, the Dperator shall submit a CDPY of the State Department Df
Social Services License Permit fDr the operatiDn of a day care. [PL]
11.
Ona continuous basis, the Applicant shall provide t~e City of Dublin Planning Depanment wlth a
current day care operating license issued by the State of California Department of Social Services.
) 2. 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 tne 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 v.~th all applicable Planning, Building, Dougherty Regional Fire Authority,
Police Department, Dublin San Ramon Seivices 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 v.~thin
one year, or ceases to operate for a continuous one-year period. [PL]
15.
No funher modifications to the site or e>...'"tenor portion ofthe residence shall be done without
prior re\~ew and approval of the Planning Director and must comply v.~th all applicable zoning,
building code and engineering regulations including issuance of building permits. [pL, B]
There shall be no signs displayed on the site advertising the Center. [PL]
~.
17.
The Applicant shall be responsible for cleanup and disposal ofproject related trash in order tD
maintain a clean and litter free site. [PL]
3
] 8.
Two parking spaces in the existing garage and two parking spaces in the driveway shall be
reserved for employee parking. [PL]
At any time during the effectiveness of this approval, the approval shall be revocable for cause.-
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]
] 9.
20.
Prior to issuance of building p~nnits, Applicant shall voluntarily pay the traffic improvement
funds.
21.
The Day Care Director shall not allow Center staff or parents to park on Amador Valley
~oulevard.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1995.
A YES: Council11le11lbers Barnes, Burton, Howard and A1a)'or Houston
NOES: None
ABSEKT: None
ABSTAIN: COli n cilme11lber A10ffatt
. ~
fliyl ~~~
u -
Mayor
e.
l/[tL
(s:pa!'\199S\D17=2)
h.' n .:5- 951n:sop1;)'2.do::
.
!V
4
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11
The following are amendments to the Conditional Use Permit
PA 95-017, which we feel are reasonable and important to the
success of our business endeavor to serve the community of
Dublin's families.
2. We request that our facility be able to serve 30 children.
(Community Care Licensing said our facility could be
licensed for 33 children if we added an additional
toilet. Presently Community Care Licensing has licensed
us for 30 children.)
7. We request that the children be allowed in the backyard
at 8:00 a.m. It is very hard for active 2-5 year old
children who arrive early (6:30 is when we open) to remain
inside the Playschool until 9:00. Imagine a warm summer
day when you were young and had to be inside and wait for
two or more hours before you could play outside. When
making decisions for children one must ask (in every case)
IS THIS GOOD FOR CHILDREN?
9. We are requesting that more than 10 children be in the
back yard at one time, after lunch is a tine when all the
children are together. MOrning children leave, afternoon
children arrive, Kindergarten children picked up from
Dublin schools join our group (I may add we are one of the
only facilities that offer Kindergarten pick-up, a very
important service to. working parents), Also on rainy days
we nay-never even be in the -back yard. It is impossible
to predict a class size and dic~ate' lO.children only in the
back yard. I cannot take a class of 12 two year olds and
break them up and add them to the 3 and 4 year old children
it is unfair to the children as well as the teacher.
Also, Community Care Licensing said our back yard was large
enough to accomodate 36 children according to the state
guidelines of space per child.
. .
16. We definately need a sign ~or purposes of identification for
sa~ety and emergency purposes. God forbid we may need to
call 911 - there cannot be any second guessing as to where we
are located. (Presently I have a chil~ enrolled that has a
respitory problem that I carefully monitor.)
This request is not unreasonable in that liMy Space to Grow"
has been displaying a 4.X 6 banner and a window sign and
other outdoor. identification 'for years. Also II Tots
University" displays a large banner on their ~ence,
I have heard from many people "We didn't even know you were
here, why don't you have a sign?" Two weeks ago a young
lady with a little boy signed up and said, "I live down the
street and am using a day care center in Pleasa
,j
--
happy to have found you." This seems to be the case of
everyone who comes into the center. I really ~eel that this
is un~air and causing my facility to spend a lot of
unnecessary monies on advertising. Monies I could be using
to make the best facili~ in Dublin even better!
The eeR's of this subdivision does provide for a sign.
Ve are also in need of a magnetic car sign for identification
when picking up children ~rom the local schools. This is
essential for their safety especially for identification
purposes. The teachers and yard duty personnel can quickly
identify my car as the designated pick-up automobile. This is
absolutely a must in this present day of "child molesters"
and kidnapping cases. This summer I will be transporting
my Center children to swimming lessons at the Dublin High
pool and also taking them to parks and other activities
around town. This sign is a must!!!
I sincerely feel the above requests are not unreasonable to
anyone, nor will they affect the character of the neighborhood.
They are only reasonable and needed ~or the operation o~ a high
quality children's center which the neighborhood shOUld be proud
to live near and be supportive of such. I might add that most
of my clientele are Dublin residents and live in close proximity
of the Playschool and have the highest regard for the facility
and ideals of the staff.
Thank you for your attention in this matter.
.
Janet A. Zupet2 and Dawn R. Bowen
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Page 2 - Written Statement
a. Presently an operating day care center/pre-school approved
by the City of Dublin for twenty (20) children. The Depart-
ment of Social Services, State of California has approved and
licensed our facility for 30 children. Accordingly, the
request to increase the. number of children approved by the
State of California, Community Care Licensing.
b. Presently 2 employees <the owners), when filled we will hire
2-3 part-time employees.
:~ .
c. 6:30 A.X. - 6:30 P.X., Monday
Friday.
d. Yes, working parents needing quality child care. Also
parents not necessarily working outside the home but feel
their children need a positive pre-school experience.
We provided transportation for three children who attended
Fredrickson kindergarten, we offered a very valuable service
and peace of mind to those parents who had to work full time
and could not be there at 11:50 to pick-up their children.
e. A quality child care center with personal co~ttment and
specific learning goals incorporating positive self-esteem,
positive redirection and conflict resolution will benefit the
co:mmunity.
'..
.
f. Children engaged in outdoor play should not be bothersome.to
anyone, children are inside the Playschool a large part of
the time, working in the learning centers, music and
JDOvement, art projects, circle times, small group times and
nap time <2-3 hours per day).
,"
"..
g. Ho, an Enviornmental Impact and Transportation Study both
was completed by the City of Dublin and each had a negative
declaration.
:.
h. No, this is a residential neighborhood and the i~rovements
which we made to this piece of property has actually improved
~he neighborhoodj repairs and replacement of broken down
fence, new roof. freshly painted exterior and lovely flowers
planted in the fron~ planter box, and reDOval of an old metal
storage shed.
-,.
i. No, this is a residential neighborhood..
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DuaUN p1.ANNING
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EXHIBIT Cr '
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CITY OF DUBLIN
MEMORANDUM
DATE: July 12,1996
TO: Jeri Ram, Planning Department
,,(
FROM: Lee S. Thompson, Public Works Director~~
/
. ~/
SUBJECT: Expansion of "A Creative Playschool"
We have reviewed our studies and comments from when Creative Playschool made their
original application.
At that time, our review and recommended traffic impact fees were based on the original
application for 30 children. The Council reduced the allowable number of children to 20 at the
Public Hearing and as part of the approval conditions.
The required improvements and parking restrictions were installed and implemented. The traffic
impact fees were paid. We have not been made aware of any traffic or parking problems since
the schoot.has opened; however, we have asked the Police Department to review the location.
We had previously directed T JKM to do a 4-way stop analysis at this intersection. T JKM's
findings were that the warrants were not met, nor would the traffic from this use increase the
traffic so as to meet the warrants.
Based on the above, we are not recommending any further conditions for the increase from 20
to 30 students.
LST/mb
Attach.
g:\corres\lst\july96\creative
EXHIBIT _H
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.
....
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.
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r1
:.
MEMORANDUM
:."
,.
DATE:
July 17, 1996
FROM:
Norman Gomes, Lieutenant
.-.
. .
TO:
J eri Ram, Associate Planner
SUBJECT: TRAFFIC ISSUES AT CREATIVE PTJAY SCHOOL
~:. :';
'.
I bave spoken to our traffic officers regarding potential traffic problems
created by Creative Play school. It appears that the major concern is the
number of people who make V-turns at the intersection of Penn Drive and
A VB in order to park across the street from the day care and pick up their
children. There is the normal increase of parking during drop-off and
pickup times. Parents appear to be parking legally and we have not had a
problem in that area. Parking is limited in the area of the day care facility
and the increase in the number of children attending the facility may have a
negative impact on parking and traffic on A VB.
:":':
.,.
There have been three traffic accidents on A VB near the day care facility
during the first six months of 1996. Two accidents were non-injury
accidents at Penn Dr. and A VB. The third accident was an injury accident
at Brighton Dr. and A VB. There was no connection between any of these
accidents and the on-going business at the day care facility.
. .
...
/
EXHIBIT r p I o~ ~
CIlY OF DUBLIN
RECEIVED
AU::; 0 1 1995
DUBUN PLANNING
e::
MEMORANDUM
........-
DATE:
July 31, 1996
SUBJECT:
Jeri Ram, Associate Planner
~~
Lee Thompson, Public Works Director \.J;
Zupetz Application
TO:
FROM:
You requested infonnation regarding accidents at the intersection of Amador Valley Boulevard and
Brighton Drive. Three accidents have occurred during the calendar years 1995 and 1996. The 1995
accident occurred in August and was caused by a driver on Brighton Drive failing to yield to traffic on
Amador Valley Boulevard from the stop sign. The 1996 accidents occurred in May and were (1) a
driver making a V-turn around the end of the median who was strock by a bicyclist, and (2) a rear-
ender caused by unsafe speed for conditions. None of these accidents occurred as a result of traffic
from Mrs. Zupetz's daycare center. .'.:
If you have any additional questions, please let me know.
EXHIBIT.L .
~. t O~ 2. .-
City of Dublin Public Works Department
100 Civic Plaza "" Dublin CA 94568 "" (510) 833-6630
t1