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6a
City of Pleasanton
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BOARDS AND COMMISSIONS
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PLANNING
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AGENDA PACKETS
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2010-2019
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03-13
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6a
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3/11/2019 11:46:50 AM
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3/7/2019 3:21:17 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/13/2019
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6a Exhibits
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\BOARDS AND COMMISSIONS\PLANNING\AGENDA PACKETS\2010-2019\2019\03-13
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Resolution No. PC-2019-06 <br /> Page 4 of 4 <br /> districts. Since the Ldn metric represents average sound levels over a 24-hour period (with <br /> noises between 10 p.m. and 7 a.m. weighted more heavily), normal daytime activities <br /> (including children playing outside) would not result in an exceedance of conditionally <br /> acceptable noise levels in the General Plan. Thus, noise will not be an issue. <br /> E. Fire Code Requirements. Large family daycare homes shall meet all regulations of the <br /> state fire marshal adopted as part of the California Administrative Code and relating <br /> specifically to large family daycare homes. <br /> California Health and Safety Code §13235 states that family day care homes must obtain a <br /> fire safety clearance by the local fire enforcing agency. Here, the Livermore-Pleasanton Fire <br /> Department conducted a pre-inspection and verified compliance as it relates to State law. <br /> Thus, there are any issues related to the Fire Code. <br /> Section 2: Denies the appeal of Joshua Brysk and upholds the Zoning Administrator's approval <br /> of conditional use permit to operate a large family daycare home with a maximum of fourteen <br /> (14) children at the existing residence, subject to the conditions shown in Exhibit A, attached <br /> hereto and made part of this case by reference. <br /> Section 3: This resolution shall become effective 15 days after its passage and adoption <br /> unless: (1) appealed prior to that time by any member of the public; or (2) if a City <br /> Councilmember wishes to review the item, pursuant to Pleasanton Municipal Code section <br /> 18.144.010, he or she must indicate their desire to review within 15 days following the date of <br /> approval, or at the next regular meeting of the City Council, whichever is later. If the majority of <br /> the City Council agrees to review the item, a further hearing shall be set pursuant to Pleasanton <br /> Municipal Code section 18.12.040 and the Council shall consider the item at that time. <br /> PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Pleasanton <br /> at a regular meeting help on March 13, 2019, by the following vote: <br /> Ayes: <br /> Noes: <br /> Abstain: <br /> Absent: <br /> ATTEST: <br /> Ellen Clark Nancy Allen <br /> Secretary, Planning Commission Chair <br /> APPROVED AS TO FORM: <br /> Julie Harryman <br /> Assistant City Attorney <br />a source <br /> or group of sources as measured with a precision sound level meter using the "A" weighting <br /> scale, with the meter response function set to "slow." <br /> The City's interpretation has been that this standard does not apply to human voices as <br /> human voices (including those associated with children's play and normal conversations) <br /> are a typical component of residential neighborhoods in Pleasanton. Human voices in typical <br /> circumstances also generally do not contribute to the noise environment in a constant and <br /> continuous way that would support a Code Enforcement action. While one could imagine an <br /> extreme example of a situation where human voices would be considered to violate the <br /> Noise Ordinance (e.g., a stadium filled with people adjacent to a residential district, or loud <br /> recreational activities in the middle of the night), groups of children playing outside during <br /> daytime hours do not generally rise to the level of a violation because this noise resembles <br /> that associated with a typical residential household with young occupants. However, the use <br /> of mechanized equipment (e.g., musical instruments, amplified speakers), whether a part of <br /> a home day care or a single-family residence, could violate the City's noise standards. Such <br /> equipment is not proposed as part of this application. Therefore, the proposed Large Family <br /> Day Care would not exceed the thresholds in the Noise Ordinance for residential properties. <br /> The Noise Element of the General Plan identifies land use compatibility standards for <br /> different land uses. For instance, noise levels between 60 and 75 decibels on the day-night <br /> equivalent level (Ldn) are considered conditionally acceptable in single-family residential <br />