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EXHIBIT A RESOLUTION NO. PC-2019-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANTON DENYING THE APPEAL OF JOSHUA BRYSK THEREBY UPHOLDING 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 AT 3149 CHARDONNAY DRIVE WHEREAS, on October 26, 2018, Rocio Arango applied for a Conditional Use Permit to operate a large family day care home with a maximum of fourteen (14) children at the existing residence at 3149 Chardonnay Drive; and WHEREAS, zoning for the property is R-1-6,500 (One-Family Residential) District where large family day care homes are a conditionally permitted use; and WHEREAS, on November 25, 2018, a request for hearing was made by Joshua Brysk; WHEREAS, on January 31, 2019, the Zoning Administrator held a duly-noticed public hearing and considered relevant exhibits, recommendations of staff concerning this application, and received testimony from interested parties; and WHEREAS, the Zoning Administrator approved the Conditional Use Permit subject to conditions of approval as modified at the hearing; and WHEREAS, on February 15, 2019, an appeal was filed by Joshua Brysk appealing the Zoning Administrator's approval; and WHEREAS, on March 13, 2019, the Planning Commission held a duly-noticed public hearing and considered relevant exhibits, recommendations of the City staff concerning this appeal, and received testimony from interested parties; and WHEREAS, this project is categorically exempt (Section 15301, Class 1, Existing Facilities) from the requirements of the California Environmental Quality Act (CEQA). NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Pleasanton, based on the entire record of proceedings, including the oral and written staff reports and all public comment and testimony: Section 1: Criteria for Large Family Day Care Home Approval With respect to the approval of the large family daycare home with a maximum of fourteen (14) children, the Planning Commission makes the following determinations as required by Section 18.124.370 of the Pleasanton Municipal Code: A. Spacing. No large family day care home shall be approved if the site of the proposed use is located within 300 feet of the exterior boundary of another large family day care home or nursery school, unless the zoning administrator makes the specific finding that the concentration of such uses will not adversely affect the neighborhood in which it is located due to the cumulative increase in noise, traffic and/or parking requirements. ly Daycare Home subject to the conditions in Exhibit A. This option would allow the operation of the Large Family Daycare Home as approved by the Zoning Administrator; 2. Deny the appeal and approve the Large Family Daycare Home with conditions modified by the Commission. This option would allow the Commission to adjust the conditions of approval; 3. Uphold the appeal, therefore denying the proposed Large Family Daycare Home. This option would allow the existing Small Family Daycare home use to continue operating P18-0314, 3149 Chardonnay Drive Planning Commission 8of9 y do not contribute to the noise environment in a constant and continuous way that would support a Code Enforcement action. While one could imagine an extreme example of a situation where human voices would be considered to violate the Noise Ordinance (e.g., a stadium filled with people adjacent to a residential district, or loud recreational activities in the middle of the night), groups of children playing outside during daytime hours do not generally rise to the level of a violation because this P18-0314, 3149 Chardonnay Drive Planning Commission 7 of 9