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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Appeal of Conditional Use Permit Application No. CUP 09-0004: 20398 Blauer
Drive, which was denied by the Planning Commission, to operate a new day care
facility in the Professional Administrative Zoning District.
RECOMMENDED ACTION:
Deny the appeal for a Conditional Use Permit, thus affirming the Planning Commission denial
issued on October 14, 2009.
REPORT SUMMARY:
Project History
On March 18, 2009 an application was received for a new day care center with 80 students and
10 teachers. The property is located in the Professional Administrative (PA) zoning district and
requires a Conditional Use Permit for the proposed use. Following a request from Staff in April
and May (Attachment 4), a traffic study submitted by the applicant in late June indicated that the
14 available parking spaces could accommodate 40 students (Attachment 6). At that time, the
applicant indicated they wanted to conduct additional research to support their proposal for more
students. Following a period of no correspondence, staff followed up with the applicant’s traffic
engineer in late August, and learned that the applicant had not pursued the additional research.
Staff informed the applicant and owner that the City’s traffic consultant would need to review the
final traffic study before staff could make a recommendation and schedule the project for
Planning Commission review. After the owner declined to pay fees for the peer review, Staff met
with the owner in September to try and resolve the matter. However, the owner requested that the
Planning Commission review the project (without peer review) at the October 14th Public
Hearing.
On October 14th, the Planning Commission reviewed the application for the new day care
facility. As proposed, the day care center would provide services for 56 students (16 more
children than recommended by the applicant’s traffic engineer). The facility would operate from
7:00 a.m. to 6:00 p.m. in an existing 5,000 square foot building formerly occupied by office uses.
The day care center would include a playground in the front of the building adjacent to Blauer
Drive, as shown on the Site Plan (Attachment 5) and as described in the Staff Report dated
October 14, 2009 (Attachment 2).
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The Planning Commission opened the Public Hearing and heard testimony from the owner and
members of the public. Ten neighbors spoke in opposition to the project with concerns regarding
traffic, noise, children’s safety, pedestrian safety, and the ability of four (4) teachers to care for
the 56 children (see Attachment 3). After the public hearing was closed, the Planning
Commission discussed several issues including the height of the fence in the front yard being
over the maximum allowed once a retaining wall is put in place, the location of the playground
near a busy street, the lack of enough open space for the children (as required by the State), the
lack of a peer review to confirm the allowable number of students, and the employee/student
ratio. Following a detailed discussion of the above items, the Planning Commission denied the
project unanimously (7-0) with prejudice.
FISCAL IMPACTS:
Not applicable
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Depending on the alternative action, the proposal for a new day care center could be approved.
ALTERNATIVE ACTION:
The City Council could also take one, or a combination of, the following alternative actions.
1. Approve the appeal, thus reversing the Planning Commission denial issued on October 14,
2009, and approving the Conditional Use Permit for a day care center.
2. Direct the applicant to make changes and continue the public hearing to a date certain.
3. Direct the applicant to make changes and refer the application back to the Planning
Commission.
FOLLOW UP ACTION:
Not applicable
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the
Saratoga News.
ATTACHMENTS:
1. City Council Resolution of denial of application CUP09-0004
2. 10/14/09 Planning Commission Hearing Staff Report, Resolution, Fire Department Review
3. Neighbor Correspondence
4. Staff Correspondence
5. Site Plan (“Exhibit A” from Planning Commission meeting of October 14, 2009)
6. Traffic Study
7. Mailing notice and address list
8. Appeal application dated 10/28/09
9. Applicant Submittals