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PC-2019-06
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PC-2019-06
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Last modified
4/11/2019 11:01:19 AM
Creation date
4/11/2019 11:01:16 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/13/2019
DESTRUCT DATE
PERMANENT
DOCUMENT NO
PC-2019-06
NOTES
CONDITIONAL USE PERMIT TO OPERATE LARGE FAMILY DAYCARE, ROCIO ARANGO
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Resolution No. PC-2019-06 <br /> Page 4 of 5 <br /> precision sound level meter using the "A" weighting scale, with the meter response <br /> function set to "slow." <br /> The City's interpretation has been that this standard does not apply to human voices <br /> as human voices (including those associated with children's play and normal <br /> conversations) are a typical component of residential neighborhoods in Pleasanton. <br /> Human voices in typical circumstances also generally do not contribute to the noise <br /> environment in a constant and continuous way that would support a Code <br /> Enforcement action. While one could imagine an extreme example of a situation <br /> where human voices would be considered to violate the Noise Ordinance (e.g., a <br /> stadium filled with people adjacent to a residential district, or loud recreational <br /> 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 <br /> resembles that associated with a typical residential household with young <br /> occupants. However, the use of mechanized equipment (e.g., musical instruments, <br /> amplified speakers), whether a part of a home day care or a single-family residence, <br /> could violate the City's noise standards. Such equipment is not proposed as part of <br /> this application. Therefore, the proposed Large Family Day Care would not exceed <br /> the thresholds in the Noise Ordinance for residential properties. <br /> The Noise Element of the General Plan identifies land use compatibility standards <br /> for different land uses. For instance, noise levels between 60 and 75 decibels on the <br /> day-night equivalent level (Ldn) are considered conditionally acceptable in <br /> single-family residential districts. Since the Ldn metric represents average sound <br /> levels over a 24-hour period (with noises between 10 p.m. and 7 a.m. weighted more <br /> heavily), normal daytime activities (including children playing outside) would not <br /> result in an exceedance of conditionally acceptable noise levels in the General Plan. <br /> Thus, noise will not be an issue. <br /> E. Fire Code Requirements. Large family daycare homes shall meet all <br /> regulations of the state fire marshal adopted as part of the California <br /> Administrative Code and relating specifically to large family daycare homes. <br /> California Health and Safety Code §13235 states that family day care homes must <br /> obtain a fire safety clearance by the local fire enforcing agency. Here, the <br /> Livermore-Pleasanton Fire Department conducted a pre-inspection and verified <br /> compliance as it relates to State law. Thus, there are any issues related to the Fire <br /> Code. <br /> Section 2: Denies the appeal of Joshua Brysk and upholds the Zoning Administrator's <br /> approval of conditional use permit to operate a large family daycare home with a <br /> maximum of fourteen (14) children at the existing residence, subject to the conditions <br /> shown in Exhibit A, attached hereto and made part of this case by reference. <br /> to be produced by any machine, animal, device, or any combination of the same, on <br /> residential property, noise level in excess of 60 dBA [A-weighted decibels] at any <br /> point outside of the property plane, unless otherwise provided in this chapter." <br /> According to the PMC, "noise level" means the maximum continuous sound level or <br /> repetitive peak level produced by a source or group of sources as measured with a <br />subject to review and <br /> approval by the City Landscape Architect prior to building permit issuance. <br /> P18-0269 Planning Commission <br /> Page 10 of 10 <br /> Page 6 of 10 <br />ake place underneath <br /> or within 5-feet of the dripline of the existing trees. <br /> PUD-131 Planning Commission <br /> Page 12 of 13 <br /> of a demolition permit, or the first building permit, whichever <br /> PUD-131 Planning Commission <br /> Page 5 of 13 <br />