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RESOLUTION NO. PC-2019-06
<br /> A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
<br /> PLEASANTON DENYING THE APPEAL OF JOSHUA BRYSK THEREBY
<br /> UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL OF A CONDITIONAL
<br /> USE PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME WITH A
<br /> MAXIMUM OF 14 CHILDREN AT THE EXISTING RESIDENCE AT
<br /> 3149 CHARDONNAY DRIVE
<br /> WHEREAS, on October 26, 2018, Rocio Arango applied for a Conditional Use Permit
<br /> to operate a large family day care home with a maximum of fourteen (14) children at the
<br /> existing residence at 3149 Chardonnay Drive; and
<br /> WHEREAS, zoning for the property is R-1-6,500 (One-Family Residential) District
<br /> where large family day care homes are a conditionally permitted use; and
<br /> WHEREAS, on November 25, 2018, a request for hearing was made by Joshua Brysk;
<br /> WHEREAS, on January 31, 2019, the Zoning Administrator held a duly-noticed public
<br /> hearing and considered relevant exhibits, recommendations of staff concerning this
<br /> application, and received testimony from interested parties; and
<br /> WHEREAS, the Zoning Administrator approved the Conditional Use Permit subject to
<br /> conditions of approval as modified at the hearing; and
<br /> WHEREAS, on February 15, 2019, an appeal was filed by Joshua Brysk appealing the
<br /> Zoning Administrator's approval; and
<br /> WHEREAS, on March 13, 2019, the Planning Commission held a duly-noticed public
<br /> hearing and considered relevant exhibits, recommendations of the City staff concerning
<br /> this appeal, and received testimony from interested parties; and
<br /> WHEREAS, this project is categorically exempt (Section 15301, Class 1, Existing
<br /> Facilities) from the requirements of the California Environmental Quality Act (CEQA).
<br /> NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
<br /> Pleasanton, based on the entire record of proceedings, including the oral and written
<br /> staff reports and all public comment and testimony:
<br /> Section 1: Criteria for Large Family Day Care Home Approval
<br /> With respect to the approval of the large family daycare home with a maximum of
<br /> fourteen (14) children, the Planning Commission makes the following determinations as
<br /> required by Section 18.124.370 of the Pleasanton Municipal Code:
<br /> trees to be saved. If this is not feasible, the applicant shall submit a report from a
<br /> certified arborist acceptable to the City indicating trenching will not be detrimental to the
<br /> health of the tree.
<br /> c. Nothing may be stored within the dripline of the tree canopies. This includes
<br /> equipment, oil, gas, chemicals, harmful materials, fill or storage.
<br /> d. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed
<br /> within the dripline of the trees or in drainage channels, swales, or areas that may lead to
<br /> the dripline.
<br /> e. No sign, wires, or ropes shall be attached to the trees.
<br /> f. No stockpiling/storage of construction materials, fill, etc., shall take place underneath
<br /> or within 5-feet of the dripline of the existing trees.
<br /> g. No equipment or temporary structures shall be placed within or beneath the dripline of
<br /> the existing trees.
<br /> Failure to comply with these requirements may result in a "stop work order."
<br /> 70. SITE LIGHTING: All site lighting shall be Dark Sky Compliant and shall be subject to review and
<br /> approval by the City Landscape Architect prior to building permit issuance.
<br /> P18-0269 Planning Commission
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<br />ake place underneath
<br /> or within 5-feet of the dripline of the existing trees.
<br /> PUD-131 Planning Commission
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<br /> of a demolition permit, or the first building permit, whichever
<br /> PUD-131 Planning Commission
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