To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: 3001 Woodlawn Child Care Center Appeal (County File #CDLP23-02020)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on the appeals of the County Planning Commission’s decision to approve a land use permit to allow a child care center for up to 30 children located within an existing residential building at 3001 Woodlawn Drive in the unincorporated Walnut Creek area; RECEIVE testimony; and CLOSE the public hearing.
2. DENY the appeal of Delaram Mousavi and Nima Rafibakhsh.
3. DENY the appeal of Jason Martin and Christina Greystone.
4. DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301.
5. APPROVE the Land Use Permit for the project (County File #CDLP23-02020).
6. APPROVE the findings in support of the project.
7. APPROVE the project conditions of approval.
8. DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to cover all additional costs associated with the application process.
BACKGROUND:
This hearing is an appeal of the County Planning Commission’s August 14, 2024 decision to approve a land use permit to allow a child care center for up to 30 children located within an existing residential building located at 3001 Woodlawn Drive in the unincorporated Walnut Creek area.
The proposed project would provide nine off-street parking spaces and includes a variance request to allow a driveway aisle width of 24 feet (where 25 feet is required) for one-way travel. An application for the approval of a Land Use Permit to allow a child care center for up to 48 children located within an existing residential building was submitted to the Community Development Division (CDD) on May 31, 2023. The Land Use Permit #CDLP23-02020, was initially heard by the County Zoning Administrator (ZA) on May 20, 2024, during which the County Zoning Administrator considered public comments primarily in opposition to the project. The Zoning Administrator continued the hearing to the June 3, 2024, to consider the matter and receive additional testimony.
At the June 3, 2024 continued hearing, the Zoning Administrator considered additional public comments, again primarily in opposition to the project. After receiving testimony and considering the project analysis provided by County staff, the County Zoning Administrator approved the Land Use Permit to allow a child care center for up to 48 children and added conditions of approval (COA) #11, addressing impacts to the neighborhood by requiring the operator to require parents or guardians to sign an agreement that states that parking is prohibited in the neighborhood, and COA #13, addressing any future exterior signage. Staff received one letter appealing the Zoning Administrator’s June 3, 2024 decision, from Jason Martin and Christina Greystone, on June 11, 2024.
On August 14, 2024, the County Planning Commission (CPC) heard the appeal of the ZA’s decision to approve the land use permit. After receiving testimony from neighbors and the public and considering CDD staff’s project analysis, the CPC voted (3-1) to deny the appeal and approve the project with the following modifications: the approved land use permit would allow a child care center for up to 30 children; and a condition of approval (COA #35) was added to require evaluation of no left hand turn signage at egress onto Woodlawn Drive by the Public Works Department (PW) during review of improvement plan and, if feasible based on PW’s evaluation, would require implementation of signage restricting left hand turns at the egress onto Woodlawn Drive. On August 23, 2024, the applicants Delaram Mousavi and Nima Rafibakhsh submitted an appeal of the CPC’s decision. On August 26, 2024, neighbors Jason Martin and Christina Greystone also submitted an appeal.
PROJECT DESCRIPTION
The applicant requests approval of a land use permit to establish a child care center to allow up to 48 children within an existing residential building, including a variance for a 24-foot-wide driveway aisle (where 25 feet is required) for one-way traffic. The project will provide nine parking spaces and will also include interior and exterior renovations, and site improvements.
The interior renovations include reconfiguration of the rooms and exterior renovations include demolition of the rear patio, removal of the garage door, installation of new exterior doors, and landing area. The site improvements include removing a portion of the fencing on Mayhew Way for the parking area and installing new fencing at the corner of Mayhew Way and Woodlawn Drive for the new play area, removing the existing driveway, paving a new driveway exit, and paving for parking area.
The hours of operation will be from 7:00 a.m. to 6:00 p.m., Monday through Friday. There will be five employees (four teachers and one director). The ages of the children will range from infants to school age.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed project is exempt under CEQA Guidelines Section 15301 - Existing Facilities. The project will be located within an existing single-family residence that is currently being used as a large family child care home. The proposed use will be a child care center. The project would increase the maximum number of children receiving care at the property. Currently, as a licensed large family child care home, the maximum number of children receiving care is 14. Operated as a licensed child care center, the maximum number of children receiving care is determined by the State, but could not exceed any limitation included in the land use permit. The applicant has requested a land use permit that would allow up to 48 children at the facility. The CPC’s approval of the land use permit allowed up to 30 children at the facility.
Whether the project results in a facility caring for a maximum of 30 or 48 children, the child care center would operate within the existing residence during operational hours similar to the existing family child care use. Sufficient parking spaces will be provided for the child care center. Additionally, the minimal changes to the building include improvements to the front entrance, removal of the garage door that would be replaced with an exterior door, interior renovations, and site improvements. The footprint of the existing structure is not expected to change.
The project site is located within an urbanized area where there are no scenic vistas or scenic resources in the immediate area. The site is not identified as a farmland or within a Williamson Act contract. The site is developed with an existing residential building and the project will not result in the loss of forest land. As an otherwise developed and disturbed site, there will be no impacts to biological resources. Establishing the proposed child care center would not exceed the Bay Area Air Quality Management District (BAAQMD) “Construction and Operational Criteria Air Pollutant and Precursor Screening Levels” of 452,000 square feet of construction or 232,000 square feet of operation for a daycare center.
The comments received from the Public Works Department, Contra Costa County Fire Protection District, and the Department of Conservation and Development, Transportation Section did not indicate that the project will conflict with a program, plan, ordinance or policy addressing the circulation system or substantially increase hazards due to a design feature. Based on the Institute of Transportation Engineers Trip Generation Manual, the project will generate less than 100 peak-hour trips. The project site is currently serviced by Central Contra Costa Sanitary District and the Contra Costa Water District. The Sanitary District provided comments that did not indicate the proposed project would affect their utility or service system. The Water District has not commented that the proposed project would affect utility or service systems. Since the site and area are developed, there would be no substantial change to cultural or tribal cultural resources. There will be no transport of hazards and hazardous materials to and from the site and the site is not identified as a hazardous materials site.
The Public Works Department reviewed the project and did not indicate that the project would violate water quality standards, decrease groundwater supplies, or substantially alter the existing drainage pattern of the site or area. The project site is flat and there would be no impacts to the soils of the property, as the property is developed with an existing residential building and the proposed site improvements are minimal. There would be a temporary increase in noise resulting from construction activities related to the exterior renovation and site improvements. However, these activities are temporary and similar to the noise resulting from the construction of residences within neighborhoods. Furthermore, the construction activities are limited to the hours of 8:00 AM to 5:00 PM, Monday -Friday.
The playground for the child care center will be located on the northern and western portion of the property, approximately 90 feet from the neighboring building to the west, 50 feet from the neighboring building to the east, and 40 feet from the neighboring building to the south. Play times will be staggered so there are no more than 12 children playing outside at a time. The project site is not located in, or adjacent to, state responsibility areas or lands classified as very high fire hazard severity zones. Overall, the project will result in the facility continuing to be utilized for child care purposes, with minimal modifications to the facility. Although the project will increase the maximum number of children cared for at the facility, whether the increase is to 30 or 48 children, the above demonstrates that the project would not result in new significant impacts and constitutes only a negligible expansion of an existing use.
APPEAL OF THE COUNTY PLANNING COMMISSION’S DECISION
Two separate letters of appeal to the CPC’s decision were timely submitted. On August 23, 2024, the applicants Delaram Mousavi and Nima Rafibakhsh of 3001 Woodlawn Drive submitted an appeal. On August 26, 2024, Jason Martin and Christina Greystone of 3007 Woodlawn Drive also submitted an appeal. Summaries of the appeal points in the letter and staff responses are provided below.
Appeal Letter of Delaram Mousavi and Nima Rafibakhsh
Appeal Point 1: There is lack of justification for capacity limitation and an overreach of the land use permitting process. There is a premature focus on final capacity.
Staff Response: The County Planning Commission’s decision to approve a land use permit for a child care center of up to 30 children followed the August 14, 2024 CPC hearing on the project. At the hearing, the CPC considered public testimony in which the public indicated their concerns for a child care center of up to 48 children. The CPC also considered staff’s evaluation of the project. Based on the evidence before it, the CPC made the required findings and approved the project with modifications. The CPC has the discretion to limit the number of children in the land use permit approval.
In the R-10 single-family residential zoning district, in which the proposed project is located, a child care center may be established only after a land use permit is obtained from the Contra Costa County Department of Conservation and Development. The land use permit process is intended to allow uses that are generally consistent with the purposes of the zoning district in which they are proposed, but require special consideration because of their special impacts, to ensure that the use can be designed, located and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The review considers location, design, configuration and special impacts with respect to applicable policies, standards and criteria to determine whether adverse impacts can be sufficiently minimized through specific conditions and requirements so as to permit the use on a particular site. As such, the conditions of approval for the land use permit establish a maximum capacity for a child care center to ensure that impacts to the surrounding area would be minimized.
Appeal Point 2: There is an inconsistency in decision making.
Staff Response: The CPC heard and considered evidence and testimony related to the current project (County File #CDLP23-02020). The CPC’s decision is based on the evidence and testimony received.
Appeal Letter of Jason Martin and Christina Greystone
Appeal Point 1: The project is inconsistent with the General Plan.
Staff Response: The project is consistent with the County General Plan. The property has a General Plan land use designation of Single-Family Residential High-Density (SH). This land use designation allows detached single-family homes and accessory buildings and structures. Secondary uses generally considered to be compatible with high density homes may be allowed, including home occupations, small residential care and child care facilities, churches and other similar places of worship, accessory dwelling units, and other uses and structures incidental to the primary uses. Therefore, the project is consistent with the SH General Plan land use designation.
The proposed child care facility is also consistent with the following General Plan Policies.
§ 7-148. Childcare and preschool facilities shall be consistent with residential and commercial land use designations where safe vehicular access and effective buffering of neighboring residences can be achieved.
§ 7-151. In order to increase parental choice, the location of childcare facilities shall be encouraged in residential neighborhoods, employment centers, at school sites, hospitals, religious facilities, parks and along transit routes.
The proposed project will provide child care to families within the surrounding residential neighborhoods and commercial and retail areas. The property is also located within close proximity, approximately 0.57 miles, to the Pleasant Hill Bay Area Rapid Transit (BART) Station and the Contra Costa Centre, and within an area that consists of many office buildings home to large businesses, such as CSAA. The project will provide an entrance from Mayhew Way and an exit on to Woodlawn Drive, which provides safe vehicular access to and from the property.
Appeal Point 2: The project is commercial and not consistent with the residential character of the neighborhood.
Staff Response: The project will establish a child care center within an existing single-family residence. The project does not require any expansion of the existing building footprint. Additionally, minor cosmetic exterior façade changes will be made to the existing house. From the exterior, the appearance of the single-family residence will remain residential in nature as there is no expansion outwards or upwards. Moreover, a child care center is a land use that is allowed with the issuance of a land use permit. The neighborhood of the project is an area of the County where residential uses border commercial/retail, and multi-family uses. Directly north is a large commercial complex within the City of Pleasant Hill. Directly east is single-family housing within the City of Walnut Creek and approximately 749 feet west is a large mixed-use/commercial/retail complex within the City of Pleasant Hill. Further east approximately 1,695 feet the Highway 680 corridor. The neighborhood that the project is in is neither entirely residential nor commercial/retail, rather the neighborhood has components of both. Therefore, the project proposes a use that is residential and provides services to the local community and is compatible with the neighborhood because parcels that are accessed by Mayhew Way are in a transitional area of the County where different land uses are common occurrences.
Appeal Point 3: There are traffic and safety operational concerns with the project that would require a level of service (LOS) operational analysis. There could be vehicles queuing from the Mayhew Way ingress onto the heavily traveled collector road, especially during peak drop-off and pick-up times. Additionally, vehicles existing the property onto Woodlawn Drive could face queuing issues at the stop-controlled intersection, leading drivers to disregard the proposed right-turn-only guidance and cut through the neighborhood via Oberon Drive.
Staff Response: The Public Works Department has reviewed and provided their comments on the project, including the proposed use of Mayhew Way as ingress and Woodlawn Drive as egress. The comments submitted by Public Works Department did not indicate concerns regarding the access to and from the project site. Projects that generate 100 or more new peak hour trips, require a traffic study. A child care center consisting of 48 children will generate 37 AM and 38 PM peak-hour trips. Therefore, a child care center consisting of 30 children would generate less peak-hour trips. However, as an option, the Board of Supervisors may add a condition of approval such as the following:
The applicant, coordinating with Public Works, shall provide a traffic circulation study of the Mayhew /Woodlawn intersection as well as the project driveways. The study shall determine if installation of additional traffic controls, signage or pavement markings will enhance safety and traffic flow. The study shall be conducted at least three months and no more than 9 months after the project commences operations. All signage and striping improvements directed by Public Works shall be installed by the applicant. This condition will be secured under a Road Improvement Agreement with the County, either separate from or included with security to be posted for other street improvements required of this project
To address the concern regarding queuing onto Woodlawn Drive and the potential for turning left into the neighborhood, condition of approval (COA) #35 has been added to evaluate, require the installation of and potentially a no left-hand turn signage at the egress of the facility.
Appeal Point 4: There has been no sufficient analysis of the local drainage system and how the project will mitigate any impacts to the drainage system.
Staff Response: The Public Works Department reviews and implements the drainage requirements. The Public Works Department reviewed the project and did not indicate any concerns with the project and the current drainage system. Furthermore, there are four conditions of approval (Conditions of approval #30-33) related to drainage that the applicant will need to satisfy.
Appeal Point 5: There is an increase to air pollution due to increase in traffic congestion.
Staff Response: There would be a negligible increase to air pollution as a result of the additional cars to and from the site. However, the Bay Area Air Quality Management District (BAAQMD) identifies “Construction and Operational Criteria Air Pollutant and Precursor Screening Levels” of 452,000 square feet of construction and 232,000 square feet of operation for a daycare center. The proposed project does not involve additional square footage, except for some exterior changes to the façade of the building and entrance and the existing building for the child care center is approximately 1,919 square feet, less than the thresholds for a daycare center. Furthermore, the drop-off and pick-up times will vary, will occur for a minimal time period, and staff will be assisting children during drop-off and pick-up to facilitate vehicles coming and going.
Appeal Point 6: The project will create nuisance such as generating a considerable amount of noise, and lights from cars entering and exiting the property and potential parking lot lights.
Staff Response: The project site is located in an urbanized area that can generally be noisy, as the site is across the street from retail/commercial spaces, is close to Interstate 680, is in close proximity to the Pleasant Hill/Contra Costa Centre Bay Area Rapid Transit (BART) Station and abuts Mayhew Way. The playground for the child care center will be located on the northern and western portion of the property. The playground will be approximately 90 feet from the neighboring building to the west, 50 feet from the neighboring building to the east, and 40 feet from the neighboring building to the south. Play times will start later in the morning and will not occur in the late evening. The applicant also proposes to have staggered play times so there are no more than 12 children playing outside at a time. Therefore, there will not be a significant increase in noise in the neighborhood.
There will be vehicles entering and exiting the property due to the drop-off and pick-up of children from the child care center that may have their headlights on. However, the drop-off and pick-up times will vary and be staggered throughout the day and the light intrusion from the vehicles will occur for a minimal period of time. Additionally, the project site has an existing six-foot fence along the eastern and southern property lines that buffers some of the lighting from the vehicles entering and existing the site.
In order to help minimize noise impacts, staff has added language to condition of approval #4 limiting gatherings of more than 20 people. Per the revised condition of approval, only one gathering of more than 20 people, beyond operating hours or on weekends or holidays, is allowed per month and all such gatherings shall conclude by 9 pm. The condition also requires neighborhood notification of such gatherings at least 5 days prior to the event.
The applicant is not proposing parking lot lights at this time. A condition of approval is included (COA #14) which requires proposed exterior lighting for the parking lot area to be directed downward and away from adjacent properties. The location and design of the lighting shall be submitted for the review and approval by the Department of Conservation and Development, Community Development Division.
CONCLUSION AND STAFF RECOMMENDATION
The proposed project is consistent with applicable goals and policies of the General Plan, and also with the intent of the Single-Family Residential High-Density (SH) and the R-10 Zoning District. The project is consistent with the established area as the parcel is located in a transitional area of the County that contains a variety of uses including commercial and retail uses, and multi-family uses. The project is permitted with approval of a land use permit as required in the R-10 Zoning District. Therefore, Staff recommends that the Board of Supervisors deny the appeals and approve County File #CDLP23-02020, based on the attached findings and subject to the attached conditions of approval.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board were to deny the project, the property owner would not be allowed to have a child care center with up to 30 children.