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THE CITY OF Planning Commission ' Agenda Report PINfti,1111111111111:iliaitai.....1--- 111nix LEASANTON© March 13,tem 01a . SUBJECT: P18-0314 APELLANT: Joshua Brysk APPLICANT: Rocio Arango PROPERTY OWNER: Greg and Erin Haubner PURPOSE: Appeal of the Zoning Administrator's approval of a Conditional Use Permit to operate a large family day care home with a maximum of 14 children at the existing residence LOCATION: 3149 Chardonnay Drive GENERAL PLAN: Medium Density Residential ZONING: R-1-6,500 (One-Family Residential) District EXHIBITS: A. Draft Resolution and Conditions of Approval B. Appeal from Joshua Brysk dated "February 15, 2019" C. Proposed Large Family Daycare Home Plans and Written Narrative dated "November 8, 2018" D. Zoning Administrator Approval Letter dated "February 1, 2019" E. January 31, 2019, Zoning Administrator Hearing Agenda Report, Meeting Minutes, and Comments Received Prior to the Zoning Administrator Hearing F. Location and Notification Map STAFF RECOMMENDATION Staff recommends the Planning Commission deny the appeal, thereby upholding the Zoning Administrator's approval of Case P18-0314, subject to the Conditions of Approval listed in Exhibit A. EXECUTIVE SUMMARY The applicant, Ms. Rocio Arango, currently operates a small family daycare home at her residence located at 3149 Chardonnay Drive. In October 2018, Ms. Arango applied for a Conditional Use Permit to expand the existing small family daycare home to a large family daycare home. The proposed large family daycare home would have a maximum of 14 children. Notices of the proposed large family daycare home were sent to residents within a 100-foot radius of the project location. A request for a hearing was made and on ceptable to the Landscape Architecture Division) outside of the existing tree drip lines. The location of the tree protection fencing shall be shown on the demolition plans (if applicable), grading, building, and/or landscape plans. The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a "stop work order." 77. PROJECT PLANS: The following statements shall be printed on the demolition, grading and landscape plans where applicable to the satisfaction of the City Landscape Architect prior to issuance of building permits: a. No existing tree may be trimmed or pruned without prior approval by the City Landscape Architect. b. Utilize best efforts to locate any new utility trenches outside of the existing canopy of the trees to be saved. If this is not feasible, the applicant shall submit a report from a certified arborist acceptable to the City indicating trenching will not be detrimental to the health of the tree. c. Nothing may be stored within the dripline of the tree canopies. This includes equipment, oil, gas, chemicals, harmful materials, fill or storage. d. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed within the dripline of the trees or in drainage channels, swales, or areas that may lead to the dripline. e. No sign, wires, or ropes shall be attached to the trees. f. No stockpiling/storage of construction materials, fill, etc., shall take place underneath or within 5-feet of the dripline of the existing trees. PUD-131 Planning Commission Page 12 of 13 a demolition permit, or the first building permit, whichever PUD-131 Planning Commission Page 5 of 13