Loading...
HomeMy WebLinkAboutPC Reso07-42 Lutheran Church Daycare Ctr CUP RESOLUTION NO. 07 -42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO INTENSIFY THE USE OF AN EXISTING DAYCARE CENTER FROM 72 CHILDREN TO 116 CHILDREN WITHIN AN EXISTING BUILDING LOCATED AT 7557 AMADOR VALLEY BOULEVARD (APN 941-0174-003) P A 06-062 WHEREAS, the Applicant, Lutheran Church of the Resurrection, has requested approval of a Conditional Use Permit to intensify the use of an existing daycare to include the following: 1) increase the number of preschool children receiving care from 48 to 80 on-site at a given time, and 2) to increase the number of children receiving care from the infant care center from 24 to 36 on-site at a given time; and WHEREAS, the proposal involves intensification of a preschool use established on the project site in 1973 and a child care center established on the project site in 1 (183; and WHEREAS, the proposed use will take place within an existmg building; and WHEREAS, the project site is located within the PD (Planned Development) Zoning District and a daycare center is a permitted use with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, a complete application for a Conditional Use P':rmit was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant submitted project plans date stamped received by the Planning Division on June 18, 2007, and a written description for the requested entitlement received by the Planning Division on April 24, 2007; and WHEREAS, the application has been reviewed in accordance with the prOVISIOns of the California Environmental Quality Act (CEQA) and this project was fJund to be exempt under the CEQA Guidelines Section 1530 I; and WHEREAS, the Planning Commission held a public hearing on said application on August 14, 2007; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Conditional Use Permit subject to the findings contained herein to aJow the intensification of a day care center for up to 116 children at 7557 Amador Valley Boulevard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; 81d WHEREAS, the Planning Commission has found that the pIOposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the Plannirg Commission of the City of Dublin does hereby make the following findings and determinations reganling said proposed Conditional Use Permit. A. The proposed intensification in use of the existing preschool and infant care center is compatible with other land uses, transportation and service facilities in t~e vicinity because: 1) the preschool and infant care center will continue to take place within an existing building; 2) the existing outdoor play area will not be expanded nor the use intensified therefore noise generation is not anticipated to increase; and 3) the pick-up and drop-off of children are staggered therefore there is adequate parking to support the increase in the number of children from 72 to 116. B. The proposed intensification in use of the existing preschool and infant care center 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 preschool and infant care center will conform to all State and Federal standards; 2) the proposed use will comply with conditions of approval as well as all applicable regulations contained within the Dublin Zoning Ordinance; 3) an additional exterior exiting door shall be installed to be used in the event of an emergency; and 4) the property shall be required to meet current ADA accessibili:y requirements. C. The proposed intensification in use of the existing preschool and infant care center will not be injurious to property or improvements in the neighborhood because: 1) the project will be located within an existing building on a developed site well designed for the use; and 2) the project has been conditioned to comply with all codes, regulations and requirements relating to the site improvements. D. There are adequate provisions for public access, water, mnitation, and public utilities and services to ensure that the proposed intensification of the pre~chool and infant care center would not be detrimental to the public health, safety and welfare because: I) the project has been reviewed by various City departments and agencies all of whom have commented that adequate public services are available; and 2) conditions of approval ha ve been incorporated into the project to ensure that existing public services remain adequate for the site. E. The subject site is physically suitable for the zoning, type, d~nsity and intensity of the proposed intens(fication in use of the existing preschool and infant care center and related structure because: I) it is a developed site, generally flat in topography; and 2) the site has adequate parking to serve the use. F. The proposed intensification in use of the existing preschoo: and infant care center will not be contrary to the specific intent clauses, development regz.lations or pe~formance standards established for the zoning district in which it is located because: 1) the use was established prior to the current zoning designation; and 2) the project complies with all applicable portions of the Dublin Zoning Ordinance. G. The proposed intensification in use of the existing preschool al'ld infant care center is consistent with the Dublin General Plan because: the General Plan Lanl! Use designation is Public/Semi- Public which specifically identifies daycare centers as an apprc'priate use. 2 of 12 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve P A 06-062, Conditional Use Permit, to allow intensification of an eXisting daycare center for up to 116 children at 7557 Amador Valley Boulevard subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to approval of the final map, unless noted otherwise. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finallce, [PCS] Parks and Community Services, [F] City of Dublin Fire, [DSR] Dublin San Ramon Services District, [A VI] Amador Valley Industries, [CO] Alameda County Department of Environmental Health, [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7, [LA VT A] Livermore Amador Valley Transit Authority, and [CHS] California Department of Health Services. NO CONDITION TEXT PLANNING CONDITIONS 1. Approval. This Conditional Use Permit approval for P A 06-062 IS to allow an intensification of an existing daycare for the Lutheran Church of the Resurrection at 7557 Amador Valley Blvd. This approval shall generally conform to the Applicant's written statement date stamped received by the Dublin Planning Department on April 24, 2007 and project plans date stamped received by the Dublin Planning Department on June 18, 2007, consisting of a cover sheet, site plan and floor plan. 2. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker may, upon the Applicant's written request for an extension of aonroval 3 of 12 RESPON. I WHEN AGENCY I REQUIRED DEPART. SOURCE PL On-going Standard PL One year from permit approval DMC 8.96.020.D PL One year from permit approval DMC 8.96.020.E NO CONDITION TEXT prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4. Effective Date. This Conditional Use Permit approval shall become effective 10 days after the date of approval bv the Planning Commission. 5. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 6. Annual Review. On an annual basis, this Conditional Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 7. Revocation of Permit. This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 8. Minor amendments. Modifications or changes to this Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080. of the Zoning Ordinance. 9. Clarification to the Conditions of Approval. In the event that there needs to be clarification to the Conditions of Approval. the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going 4 of 12 RESPON. AGENCY/ DEPART. PL PL, PO PL PL Various WHEN REQUIRED 10 days from the date of approval On-going On-going On-going On-going SOURCE Planning Planning DMC 8.96.020.1 DMC 8.100.080 Standard NO CONDITION TEXT RESPON, WHEN SOURCE AGENCY I REQUIRED DEPART. to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this proiect. 10. Non-City Agency Review. The Developer will PW Issuance of Public be responsible for submittals and reviews to Building Works obtain the approvals of all participating non-City Permits agencies. The Alameda Counly Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 11. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with Permit applicable City of Dublin Fire Prevention Issuance Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 12. Required Permits. Developer shall obtain all Various Building Standard permits required by other agencies including, but Permit not limited to Alameda County Flood Control Issuance and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 13. Temporary Sign age. All temporary signage PL On-going Chapter shall comply with City of Dublin Regulations. 8.84 of the No banners or other signage shall be installed, Dublin for permanent or temporary purposes, prior to Zoning obtaining approval from the Planning Division. Ordinance 14. Compliance. Failure to comply with these PL On-going Chapter conditions may result in enforcement by the 8.144 of the Community Development Department 10 Dublin accordance with Chapter 8.144 of the Dublin Zoning Zoninl! Ordinance. Ordinance 15. Addressing. Address will be required on all BL Prior to Building doors leading to the exterior of the building. occupancy Addresses shall be illuminated and be able to be seen from the street, 5 inches 10 height minimum. 16. Hold Harmless/Indemnification. The Various On-going Administrat Developer shall defend, indemnify, and hold ion/City harmless the Citv of Dublin and its agents, Attornev 5 of 12 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 17. Hours of Operation. The hours of operation PL On-going Planning for the day care center are 6:30 a.m. to 6:30 p.m. Monday thru Friday. An increase in the hours of operation shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 ofthe Dublin Zoning Ordinance. 18. Parking. The parking area shall be used in the PL On-going Planning manner represented in application plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. 19. Use Capacity. A combination of the Infant Care PL On-going Center and the Preschool Program shall serve a maximum of 116 children at a given time. The facility shall be used for day use only and not be used as a 24-hour care facility nor shall it accommodate any living or sleeping arrangements. 20. Outdoor Activities. No outdoor activities shall PL On-going Planning take place before 8 a.m. 21. Property Maintenance. The Applicant shall PL On-going DMC 5.64 maintain all building materials III good condition, including canvas awnings and signs, and shall keep the site clear of graffiti vandalism on a regular and continuous basis. 22. Graffiti. The Applicant/Developer and/or PW, PL, PO On-going Public building tenant(s) shall keep the site clear of Works graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for structures and film for windows or glass should be used whenever possible. 23. Nuisance. The Applicant shall control all PL On-going DMC business activity so as not to create a public or 5.28.020 private nuisance to the existing and surrounding businesses and residents. 6 of 12 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY I REQUIRED DEPART. 24. Noise. Loudspeakers shall be controlled at a low PI., PO On-going DMC 5.28 level so as 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 buildinl!s. 25. Sign Permits. No permanent signage IS PL,B Installation DMC permitted as part of this application. Permits 8.84.110 must be applied for and obtained in reference to anv relocation or addition of sil!ns. 26. Site Design. The building elevations and fencing shall comply with Site Design Review Waiver 07-009 approved May 2, 2007. Any additional exterior modifications to the building mav reauire additional review. 27. Licensing Updates. On a continuous basis, the PI. On-going Planning Applicant shall provide the City of Dublin Planning Department with current operating licenses issued by the State of California Department of Social Services for the Child Care Center and the Preschool. BUILDING CONDITIONS 28. Pathways Accessibility. All new pathways B On-going Building entering the structure(s) shall meet California accessibility and ADA reauirements. 29. Parking Lot Striping. All new striping in the B On-going Building parking areas need to meet current California and ADA requirements. 30. Building Permits. Permits are required for all B Prior to Building new installations (new expansion of preschool occupancy area) as outlined on drawinl!s. FIRE CONDITIONS 31. Pathways. An all weather path shall be F Prior to Fire installed from the preschool exits through the occupancy plav vard and extending to the public wav. 32. 850 Form. A new 850 Form shall be submitted F Prior to Fire to and signed off by the Fire Department prior to occupancy additional children occupying the space. An inspection will be conducted to ensure compliance with all applicable building and fire code requirements. 33. Key Locking Hardware. If key locking F On-going Fire hardware is used on one main door at the lobby, provide a sign above the door stating, "THIS DOOR TO REMAIN UNLOCED DURING BUSINESS HOURS." Otherwise the exit doors shall be openable from the inside without special knowledge or effort and have lever or panic hardware. CBC 1003.3.1.8. 34. Fire Sprinklers. The sprinkler system shall be F Prior to Fire modified as necessary to provide protection for occupancy the tenant improvement. Submit detailed shop drawings to the Fire Department for approval and permit prior to installation. A senarate 7 of 12 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCYI REQUIRED DEPART. oermit fee is required. NFP A 13. 35. Fire Alarm. The fire alaml system shall be F Prior to Fire modified as necessary to provide protection for occupancy the tenant improvement. Submit detailed shop drawings to the Fire Department for approval and permit prior to installation. A separate oermit fee is required. 36. Knox Box. Provide a Knox box at the main F Prior to Fire entrance to the space. The Knox box shall occupancy contain a key that provides access to the tenant space. The Knox boxes can be ordered at: http://knoxbox.com. Choose, "Alameda Co Fire Dept. Dublin Div. 100 Civic Plaza, Dublin, CA 94568" when ordering. The most commonly used box is the Knox box 3200 Series. Other types of boxes such as recessed boxes are also available on-line. Order fOlms for the Knox boxes are also available at the fire prevention office at the address above. It takes two to three weeks to receive the box after ordering. Rush orders can be requested at a higher fee. The key for the building or gate will be placed in the box during the Fire Department inspection. CFC 902.4. 37. Fire Extinguisher. Provide 2A 1 OBC fire F Prior to Fire extinguishers within 75 feet travel distance of occupancy any portion of the space. All approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. CFC 1002. 38. Addressing. Approved address numbers shall F Prior to Fire be placed on the space in such a position as to be occupancy plainly visible and legible from the street or road fronting the property. Said numbers shall be a minimum of five inches on commercial buildings and three inches on residential buildings. The numbers shall be placed on a contrasting background. Provide a five inch high address on the rear door. It shall also have the tenant's name. Label the sprinkler riser door, electrical room door and fire alarm control panel access doors or locations as applicable. CFC 901.4.4. POLICE CONDITIONS 39. Lighting. Adequate lighting shall be provided PO On-going Police to enhance the safety of visitors and children within and around the facility. Refer to Dublin Municipal Code Security Ordinance 7.32.230 Section 1020. 40. Diagrammatic Map. Due to the number of PO On-going Police rooms, a diagrammatic map of the building's layout shall be displayed wi thin the mam entrance of the building. 41. Non-Residential Building Security PO On-going Police 8 of 12 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY' REQUIRED DEPART. Ordinance. The applicant shall comply with the Dublin Municipal Code Non-Residential Building Security Ordinance. 42. State Licensing. The applicant must be PO On-going Police licensed and comply with all State of California Community Care Licensing (CCL) requirements. 43. Business License. The applicant shall apply for PO Prior to Police a City of Dublin business license. A copy of the occupancy approved State of California Community Care license must be submitted. All employees, both paid and volunteer, shall complete a Mandated Reporter class and provide verification of such. 44. Inspections. Police Services will periodically PO On-going Police make unannou~ced inspections of the facility and may reqUIre verification of fingerprint clearance for staff members as reported back on the State of California CCL "Personnel Report." 45. Fingerprinting. All staff members are to be PO On-going Police fingerprinted and prints shall be submitted to the California Department of Justice by the business applicant. 46. Barrier Fencing. Barrier fencing (minimum 3 PO Prior to Police feet in height) shall be installed to protect occupancy children from running into street areas and to convey the message ofterritorialitv to outsiders. 47. Vegetation. Shrubs, foliage, bushes, trees shall PO Prior to Police be trimmed to improve surveillance of the area. occupancy Some shrubs may need to be removed to accommodate fencing and improve lighting at night. 48. Exterior Doors. Exterior doors shall be marked PO Prior to Police with their corresponding room number or name occupancy for easier identification. PUBLIC WORKS CONDITIONS 49. Disabled Parking. All disabled parking stalls PW Prior to Public shall meet State Title 24 requirements, including issuance of Works providing curb ramps at each loading zone. occupancy Curb ramps cannot encroach within the permit(s) loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 50. Accessible Walkway. Provide an accessible PW Prior to Public concrete walkway from the public sidewalk on issuance of Works Amador Valley Boulevard to the building occupancy entrance per California Building Code permit(s) requirements. Said walkway shall be 4'- minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossings. Note that minor adjustments to the existing landscaping and irrigation systems will be necessary to install the walkway. Please 9 of 12 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY' REQUIRED DEPART. provide appropriate notes and details on the plans. In addition, the applicant shall upgrade existing driveways (2) to current City of Dublin/Title 24 standards. 51. Disabled Access Ramps. The PW Prior to Public Applicant/Developer shall install/verify existing issuance of Works disabled access ramps to meet current State Title occupancy 24 requirements. permit(s) 52. Vehicle Parking. Applicant shall repair any PW Prior to Public distressed areas of pavement within the existing issuance of Works parking field, then seal and re-stripe the entire occupancy parking field. All parking spaces shall be double permit(s) striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and ~8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. Wheel stops as necessary shall be provided at the parking stalls. 53. Signs and Pavement Markings. The PW Prior to Public Applicant/Developer shall be responsible for the issuance of Works following on-site traffic signs and pavement occupancy markings: permit(s) a. Directional pavement arrows in the drive aisles. b. R26F "No Stopping - Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. c. RIOOB (disabled parking regulations sign) shall be installed at each of the driveway entrance to the site with amended text to read".. .may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". d. Handicapped parking signs and legends per State Title 24 requirements. e. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. f. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 10 of 12 NO CONDITION TEXT RESPON, WHEN SOURCE AGENCY / REQUIRED . DEPART. 54. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays Construction Works (Monday through Friday) and non-City holidays between the hours of7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 55. Damage/Repairs. The Applicant/Developer PW Prior to Public shall be responsible for the repair of any issuance of Works damaged pavement, curb & gutter, sidewalk, or occupancy other public street facility resulting from permit(s) construction activities associated with the development of the project. 56. Occupancy Permit Requirements. Prior to PW Prior to Public issuance of an Occupancy Permit, the physical issuance of Works condition of the project site shall meet minimum occupancy health and safety standards including, but not permit(s) limited to the following: a. The walkways providing access to the building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices providing access to the site shall be in place and fully functional. c. All address numbers for streets providing access to the buildings shall be in place and visible. d. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. e. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. DUBLIN SAN RAMON SERVICE DISTRICT 57. Prior to issuance of a building permit, complete DSRSD Prior to DSRSD improvement plans shall be submitted to building DSRSD that conform to the requirements of the permit Dublin San Ramon Services District Code, the issuance DSRSD "Standard Procedures. Specifications 11 ofl2 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY I REQUIRED DEPART. and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 58. Prior to issuance by the City of any Building DSRSD Prior to DSRSD Permit or Construction Permit by the Dublin San building Ramon Services District, whichever comes first, permit all utility connection fees including DSRSD and Issuance 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. PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, and King NOES: ABSENT: Commissioner Tomlinson ABSTAIN: 11/ $c.~. Planning Commi:;sion Chair 12 of 12