HomeMy WebLinkAboutPC Reso05-37 New Start Daycare Ctr CUP DENIED
RESOLUTION NO. 05 - 37
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A REQUEST FOR PA 05-011 NEW START DAYCARE CONDITIONAL USE
PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME
AT 5481 ASTERWOOD DRIVE
WHEREAS, Leonard Dixon, submitted an application requesting approval of a Conditional Use
Permit for the operation of a Large Family Daycare Home, for a maximum of 14 children, as a secondary
use within an existing single-family residence in a Planned Development Zoning District, located at 5481
Asterwood Drive; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and the project is Statutorily Exempt per Section 15274,
because it is a Large Family Day Care Home; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application
on June 14,2005; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used their independent judgment to make a decision that the
findings for support of the Applicant's proposal could not be made due to concerns about a concentration
of Conditional Use Permits for Large Family Day Care facilities in the vicinity of the project site; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission voted 5-0 to deny
the application and requested that Staff return to the June 28, 2005 Planning Commission meeting with a
resolution for denial for its review and consideration; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. The proposed operation of the Large Family Daycare Home is not compatible with other
land uses, transportation and service facilities in the vicinity because it could result in the
concentration of Large Family Day Care facilities and the excessive noise, parking and traffic
impacts that a new Large Family Day Care would cause in the vicinity of the project site, since
there is an existing Conditional Use Permit for a Large Family Daycare Home at the home next
door to the proposed location; and
B. The proposed use would adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and welfare due to the
potential cumulative noise, parking and traffic impacts that a concentration of Large Family Day
Care facilities would cause; and
C. The proposed use would be injurious to property or improvements in the neighborhood due
to the concentration of Conditional Use Permits for Large Family Day Care facilities and the
excessive noise, parking and traffic that the proposed use would cause; and
D. The subject site is not physically suitable for the type, density and intensity of the use being
proposed due to the concentration of similar use types in a residential neighborhood.
PASSED, APPROVED AND ADOPTED this 28th day of June, 2005.
AYES:
Chair Schaub, Cm. Biddle, and Fasulkey
NOES:
ABSENT:
Cm. King and Wehrenberg
ABSTAIN:
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Planning Commission Chairperson
ATTEST:
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