HomeMy WebLinkAboutPC Reso06-09 06-003 Mission Hope Day Program CUP
RESOLUTION NO. 06-09
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR MISSION HOPE DAY PROGRAM
IN THE C-O (COMMERCIAL-OFFICE) ZONING DISTRICT LOCATED AT
6300 VILLAGE PARKWAY (APN 941-1401-008-003)
P A 06-003
WHEREAS, Jay Gamez ("Applicant"), on behalf of Mission Hope Day Program, is requesting
the approval ofa Conditional Use Permit to allow an Adult Day Program/Adult Daycare Facility in a CoO
(Commercial Office) Zoning District at 6300 Village Parkway; and
WHEREAS, a Day Care Center is a use that is conditionally permitted in a CoO (Commercial
Office) Zoning District; and
WHEREAS, a parking study dated March 13, 2006, which studied the expected parking demand
from Mission Hope Day Program, was conducted by Omni Means; and
WHEREAS, the Applicant has submitted project plans dated received on February 14, 2006; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section
15301, Existing Facilities, as the use occurs within a leased existing facility involving no expansion of an
existing use; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on April 11, 2006; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the proj ect; and
WHEREAS, the staff report was submitted recommending that the application be conditionally
approved.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby find that:
A. The proposed use, as conditioned, is compatible with other land uses, transportation and service
facilities in the vicinity, in that: 1) the area is zoned for commercial office uses. including
automobile/vehicle brokerage. banks and financial services and professionaVadministrative
offices; 2) Section 8.12.050 states that a Day Care Center is permitted in the CoO (Commercial
Office) Zoning District with a Conditional Use Permit; 3) the proposed location of the facility is in
a 2.310 square foot tenant space located in an existing building; and 4) the proposed facility will
onlv be open for instruction for 5.5 hours per dav. Mondav through Fridav. from 9:00 a.m. to 2:30
p.m. Several staff members will be on site at 8:00 a.m.. prior to instruction. and immediatelv
following instruction until 3:30 o.m. for administrative Durooses.
B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing
or working in the vicinity or be detrimental to the public health safety and welfare because: 1) the
proposed facilitv will complv with all Citv of Dublin regulations; 2) the prooosed facilitv will be
located in an existing building; 3) the use will be conducted within the enclosed building or off-
site; and 4) the use creates no recognizable negative impacts.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood, in that all activities will be conducted either within the applicant's tenant space or
off-site and the use will be comoatible with the surrounding office uses.
D. There are adequate provisions for public access. water, sanitation, and public utilities and services
to ensure that the proposed use and related structures would not be detrimental to the public
health, safety, and welfare, in that the proposed use will be located within an existing office space
and will not require additional public services.
E. The subject site is physically suitable for the type, density and intensity of the use being proposed,
in that the size of the tenant soace can easilv accommodate the number of participants that will be
on site for vocational training.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is located, in
that: 1) the Zoning Ordinance allows davcare facilities in the Commercial Office Zoning District
as a conditional use; 2) conditions of approval have been applied to the proiect to ensure on-going
compatibilitv with surrounding land uses; 3) a parking studv was conducted bv Omni-Means on
March 13. 2006 in order to determine that adequate parking would be available on-site for the
proposed use; and 4) pursuant to Section 8.76.050.F of the Citv of Dublin Zoning Ordinance,
"Parking Reductions For An Individual Use". a reduction of off-street oarking can be granted
when the Applicant believes that a proposed use within their proiect would function differently
than the generic use type, and associated parking standards. required bv the Zoning Ordinance.
The parking studv recommends a reduction in the number of required parking spaces to 18 soaces.
due to the unique circumstances in which Mission Hope Dav Program would operate. such as
client's shuttled to and from the site in vans. emplovee driven vans. and overlapoing
emplovee/van loading. The parking studv found that at peak parking demand there would be a
surplus of 10 spaces on site and concluded that the 46 stalls available on site would be adequate to
meet the expected peak parking demands for the office uses and Mission Hooe Dav Program.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which designates the
area as Business Park/Industrial.
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subiect to Planning Department review and
approval. The following codes represent those deoartments/agencies responsible for monitoring
comoliance of the conditions of approval: rPLl Planning. rBl Building. rpOl Police. rpWl Public Works,
rADMl Administration/Citv Attornev. rFINl Finance. rFl Alameda Countv Fire Department. rDSRSDl
Dublin San Ramon Services District. rCOl Alameda Countv Department of Environmental Health.
2
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - CONDITIONAL USE PERMIT
1. Permitted uses. This Conditional Use Permit approval PL On-going Planning
for PA #06-003 is for the operation of Mission Hope Day
Program. The project shall generally conform with the
project plans prepared by Interform Commercial Interiors
received February 14, 2006, on file in the Community
Development Department, and other plans, text, and
diagrams relating to this Site Development Review and
Conditional Use Permit, unless modified by the
Conditions of Approval contained herein.
2. Permit Expiration and Time Extension. Approved use PL One year DMC
shall commence or demonstrate substantial progress from date of 8.96.020.D
toward commencement within one (I) year of CUP approval andE
approval. Otherwise, the CUP shall lapse and become
null and void, in which case a new application must be
made and processed. The original approving decision-
maker may grant a time extension for a period no longer
than six (6) months given that the Applicant submits a
written request for an extension of approval prior to
expiration and that any Conditions of Approval remain
adequate to assure that applicable findings of approval
will continue to be met. Disputes over permit expiration
and time extension requests may be publicly noticed and
heard before the City Council.
3. Approval Period. This Conditional Use Permit approval PL On-going Planning
shall be null and void in the event the approved use fails
to be established within one year, or ceases to operate for
a continuous one-year period.
4. Annual Review. On an annual basis, this Conditional PL,PO On-going Planning
Use Permit approval may be subject to a review by the
Planning Manager to determine compliance with the
Conditions of Aooroval.
5. Revocation. This permit shall be revocable for cause in PL On-going DMC
accordance with Dublin Zoning Ordinance Section 8.96.020.1
8.96.020.1, Revocation. Any violation of the terms of
the terms and conditions of this permit may be subject to
the issuance of a citation.
6. Minor amendments. Modifications or changes to this PL On-going DMC
Conditional Use Permit approval may be considered and 8.100.080
approved by the Community Development Director, if
the modifications or changes proposed comply with
Section 8.100.080, ofthe Zoning Ordinance.
7. Property Maintenance. The Applicant shall maintain PL On-going DMC 5.64
all building materials III good condition, including
canvas awnings and signs, and shall keen the site clear of
3
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
graffiti vandalism on a regular and continuous basis.
8. Graffiti. The Applicant and/or Property Owner shall PL On-going DMC 5.68
keep the site clear of graffiti vandalism on a regular and
continuous basis at all times. Graffiti resistant materials
should be used.
9. Nuisance. The Applicant shall control all business PL On-going DMC
activity so as not to create a public or private nuisance to 5.28.020
the existing and surrounding businesses and residents.
10. Noise. Loudspeakers shall be controlled at a low level as PL,PO On-going DMC 5.28
so not to create a public or private nuisance to the
existing and surrounding businesses and/or residential
neighborhoods. No amplified music shall be allowed
outside the enclosed buildings.
11. Sign Permits. No permanent signage is permitted as part PL,B Installation DMC
of this application. Permits must be applied for and 8.84.11 0
obtained in reference to any relocation or addition of
signs.
12. Temporary Promotional Banners and Balloons. PL On-going DMC
Temporary Promotional Banner Signs and Balloons shall 8.84.050
only be permitted after first secunng an approved
Temporary Promotional Sign Permit. Any signage on
site shall be subject to the sign requirements contained in
the City of Dublin Municipal Code.
13. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC
sandwich-board, pennants, or human-held signs on the 8.84.150
premises is strictly prohibited. Said signs and any form
of off-site advertising signs shall also be prohibited upon
any public property, including City streets and
sidewalks.
14. Outdoor Events. Any outside events shall be subject to PL On-going DMC
the Temporary Use Permit requirements contained in the 8.108.020
City of Dublin Municipal Code, specifically Section
8.108.020.
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
15. Hours of Operation. The approved hours for instruction PL On-going Planning
are 9:00 a.m. to 2:30 p.m., Monday through Friday. Staff
may be present on-site from 8:00 a.m. to 3:30 p.m.,
Monday through Friday for administrative purposes. The
applicant shall be responsible for ensuring that activities
in the parking lot and noise are maintained in a manner
that minimizes the impacts on surrounding businesses
and residents.
16. Parking. The parking area shall be used in the manner PL On-going Planning
represented III application plans, written and verbal
statements and other documents, including the
applicant's written statement received February 7, 2006,
4
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
and as stipulated in this Conditional Use Permit.
17. Parking Study. If the parking situation at 6300 Village PL On-going Planning
Parkway changes due to changes in tenant occupancy,
and the assumptions used in the parking study prepared
by Omni-Means dated March 13, 2006 become invalid,
the Community Development Director shall have the
authority to open the Conditional Use Permit for review
and may require Mission Hope Day Program to modify
their operations in such a manner as to reduce the parking
demand on site, subject to the review and approval of the
Communitv Development Director.
18. Use. The facility shall serve a maximum of 60
participants for day use only. The facility shall not be
used as a 24-hour care facility nor shall it accommodate
any living or sleeping arrangements.
BUILDING DIVISION
19. Fees. The Applicant shall pay all applicable fees in B Issuance of Standard
effect at the time of building permit issuance, including, Building
but not limited to, Planning Fees, Building Fees, Dublin Permits
San Ramon Service District fees, Public Facilities fees,
Tri Valley Transportation fees, Downtown Traffic
Impact Fee, Dublin Unified School District impact fees,
City of Dublin Fire fees, Noise Mitigation fees;
Inclusionary Housing in lieu fees, Alameda County
Flood and Water Conservation District (Zone 7)
Drainage and Water connection fees. When and if
applicable and customary, credits shall be applied for
existing improvements.
20. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes and Completion
ordinances in effect at the time of the building permit.
21. Building Permits. To apply for building permits, B Issuance 0 f Building
Applicant/Developer shall submit five (5) sets of Building
construction plans to the Building Division for plan Permits
check. Each set of plans shall have attached an
annotated copy of these Conditions of Approval. The
notations shall clearly indicate how all Conditions of
Approval will or have been complied with.
Construction plans will not be accepted without the
annotated resolutions attached to each set of plans.
Applicant/Developer will be responsible for obtaining
the approvals of all participation non-City agencies prior
to the issuance of building permits.
22. Construction Drawings. Construction plans shall be B Prior to Building
fully dimensioned, accurately drawn (depicting all issuance of
existing and proposed conditions on site), and prepared Building
5
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
and signed by a California licensed Architect or Permits
Engineer. All structural calculations shall be prepared
and signed by a California licensed Architect or
Engineer.
23. Addressing. Address will be required on all doors B Prior to Building
leading to the exterior of the building. Addresses shall occupancy
be illuminated and be able to be seen from the street,S
inches in height minimum.
FIRE PREVENTION DIVISION
24. Provide an occupancy separation between the day care F Prior to CBC 302.1
and the adjacent uses as required bv CBC 302.1. occupancy
25. An automatic sprinkler system is required throughout the F Prior to Fire
first floor ofthe building. A sprinkler monitoring system occupancy
is required if the building has over 100 sprinkler heads.
The monitoring panel shall be tied to a UL listed central
station.
26. Exit signs shall be provided as required by the CBC F Prior to CBC
chaoter 10. occupancy Chapter 10
27. Provide panic hardware on the exit doors as required by F Prior to CBC
CBC 1007.3.10. occupancy 1007.3.10
28. Provide a fire alarm system in the space as required by F Prior to CBC
CBC 305.9.9. The system shall be tied into the sprinkler occupancy). 305.9.9
monitoring system for the building.
29. Provide 2AI0BC fire extinguishers, in locations approved F Prior to CFC 1002
by the Fire Department, in the space. An approved sign in occupancy
accordance with the Uniform Fire Code shall be
conspicuously posted above the extinguisher.
30. Provide a Knox box at the main entrance to the space. The F Prior to CFC 902.4
Knox box shall contain a key that provides access to the occupancy
tenant space. Order forms for the Knox box are available
at the fire prevention office at the address above. The key
can be placed in the box during the Fire Department
inspection.
31. Approved address numbers shall be placed on the space F Through CFC
in such a position as to be plainly visible and legible from completion 901.4.4
the street or road fronting the property. Said numbers
shall be olaced on a contrasting background.
32. The project shall comply with Uniform Building and Fire F,B Through Fire
Codes as adopted bv the City of Dublin. completion
33. Adjacent tenant spaces were not reviewed and require F Fire
separate submittals.
DUBLIN POLICE SERVICES
34. Residential and Non-Residential Security Ordinance. PO Ongoing Police
The Applicant/Developer shall comply with all
applicable City of Dublin Residential and Non-
6
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
Residential Security Ordinance requirements.
35. Emergency Response Card. The tenant shall complete a PO Occupancy Police
"Business Site Emergency Response Card" and deliver it
to the Dublin Police prior to occupancy.
36. Doors. Door sensors with audible alarms shall be installed PO Occupancy Police
onside and rear egress doors as part ofthe door hardware to
assist in detecting those doors being opened.
37. State Licensing. The applicant must be licensed and P On-going Police
comply with all State of California Community Care
Licensing (CCL) requirements.
38. Business License. The applicant must apply for a City of P Prior to Police
Dublin Business License: Occupancy
. A copy of the approved State of California
Community Care license must be submitted.
DSRSD (DUBLIN SAN RAMON SERVICES DISTRICT)
39. Standard facilities. Prior to issuance of any building DSRSD Prior to DSRSD
permit, complete improvement plans shall be submitted issuance of
to DSRSD that conform to the requirements of the any building
Dublin San Ramon Services District Code, the DSRSD permit
"Standard Procedures, Specifications and Drawings for
Design and Installation of Water and Wastewater
Facilities", all applicable DSRSD Master Plans and all
DSRSD oolicies.
40. Fees. Prior to issuance by the City of any Building Permit DSRSD Prior to DSRSD
or Construction Permit by the Dublin San Ramon Services issuance of
District, whichever comes first, all utility connection fees any permit
including DSRSD and Zone 7, plan checking fees,
inspection fees, connection fees, and fees associated with a
wastewater discharge permit shall be paid to DSRSD in
accordance with the rates and schedules established in the
DSRSD Code.
41. Indemnification. The applicant shall hold DSRSD, its DSRSD On-going DSRSD
Board of Directors, commissions, employees, and agents
of DSRSD harmless and indemnify and defend the same
from any litigation, claims, or fines resulting from the
construction and completion of the project.
7
PASSED, APPROVED, AND ADOPTED this 11 'h day of April, 2006 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle and Fasulkey
NOES: None
ABSENT: None
ABSTAIN: Commissioner King
/'
/(;IJ;Xa,~..
Planning Commission Chair
ATTEST:
G:\PA#\2006\06-003 Mission Hope Day Program\PC Resolution (revised).DOC
8