03 - Laserfiche WebLink

FINANCIAL STATEMENT There is no significant fiscal impact to the City associated with this proposed use. PROJECT DATA Property Owner: Big Valley L.P./Jack Balch General Plan: The General Plan land use designation for the parcel is General and Limited Industrial. Zoning: Zoning for the property is PUD-I (Planned Unit Development- Industrial) District. PUD: Valley Business Park BACKGROUND The applicant submitted an application for a childcare facility in July, 2008 after meeting with staff and the Community Development Director to ensure that his application and narratives were complete. The application was scheduled for consideration by the Planning Commission on August 13, 2008. After noticing and publication of the August 13 staff report, staff received a large number of questions from the Planning Commission resulting in approximately 139 questions answered by staff related to the proposed project, the history of Tri-Valley Martial Arts operations in Dublin, State CCLD requirements, how the project conformed to the those requirements, as well how the project would meet other codes that may be applicable. The responses to the questions posed to staff are available in the "Questions and Responses & Informational Statements and Materials" books (Attachment 3). Staff rescheduled the item for the November 12, 2008 Planning Commission hearing. Staff resources were allocated from August to November to complete the research necessary to fully answer all of the questions; these included numerous discussions and outreach to CCLD for clarification of State regulations and requirements applicable to the application. During this time, the applicant had been working with CCLD to obtain his childcare license receiving positive feedback from Ms. Susanne Bothwell, Childcare License Analyst, who recognized his experience and education as meeting the requirements as a Director of such a facility. Discussions with staff confirmed Mr. Pfund's application status with CCLD. The submittal of an application by Mr. Pfund for a childcare facility is a result of City Council action taken in May, 2008 (Res No. 08-189; Attachment 4). The City Council considered a similar request at that time, with similar hours of operations and determined that Tri-Valley Martial Arts appeared to be a childcare facility and not a recreation center. During the May public hearing, the City Council directed the applicant, John Pfund, to secure the appropriate licensing from the CCLD prior to submitting a new conditional use permit. The City Council could not make the necessary conditional use permit findings and therefore denied the request (without prejudice) and redirected Mr. Pfund to consider reapplying as a childcare facility. (Please refer to the May 6, 2008 City Council meeting minutes in Attachment 5). This is the application that has been appealed to the City Council. Page 2 of 10