HomeMy WebLinkAbout8.1 Bright Horizons Day Care Center PA09-005AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: May 26, 2009
SUBJECT: PUBLIC HEARING: PA 09-005 Bright Horizons Day Care Center -
Conditional Use Permit and Site Development Review (Adjudicatory
Action).
Report Prepared by Jamie L. Rojo, Assistant Planner
ATTACHMENTS: 1. Resolution approving a Conditior..al Use Permit to operate a Day Care
Center at 7035 Dublin Boulevard and to allow Off-Site Parking at
7051 Dublin Boulevard.
2. Resolution approving a Site Development Review to modify an
existing parking lot to accommodate an outdoor play area and make
associated site and exterior building improvements related to the
operation of a Day Care Center at 7035 Dublin Boulevard.
3. Written Statement dated received January 21, 2009.
4. Project Plans dated received April 10, 2009.
5. Rosen Goldberg Der & Lewitz, Inc. Noise Study dated April 24,
2009.
6. Traffic Assessment, prepared ty Jaimee Bourgeois, City Traffic
Engineer via email, dated April 1., 2009.
RECOMMENDATION: 1. Receive Staff presentation;
2. Open the public hearing;
_V 3. Take testimony from the Applicart and the public;
4. Close public hearing and deliberate;
5. Adopt a Resolution approving a Conditional Use Permit to operate a
Day Care Center at 7035 Dublia Boulevard and to allow Off-Site
Parking at 7051 Dublin Boulevard.; and
6. Adopt a Resolution approving a ;Site Development Review to modify
an existing parking lot to accommodate an outdoor play area and
make associated site and exterior building improvements related to the
operation of a Day Care Center at 7035 Dublin Boulevard.
PROJECT DESCRIPTION:
The project site is located at the northwest comer of Dublin Boulevard and Cl Avenue within an
y is zoned C-2,
existing 8,846 square foot building located at 7035 Dublin Boulevard. The rpert
General Commercial and has a General Plan Land Use Designation of Retail/Office. Access to the
project site is provided by two driveways on Clark Avenue. Surrounding uses include retail, offices,
automotive repair and service, and single-family residences. See Aer:.al Map below.
COPIES TO: Applicant
Property Owner
Page 1 of 11
ITEM NO. Cam.
G: IPAM20091PA 09-005 Bright Horizons Daycare Center CUP SDRIPC_5.26091PCSR 5-26-09 Rev.aoc
Off-Site
Parking
Project
Site
Bright Horizons is seeking approval of a Conditional Use Permit and Site Development Review to operate
a Day Care Center for up to 126 children and to allow Off-Site Parking for up to nine parking spaces.
Modifications to the site layout are also proposed and include alterations to the existing parking lot, the
construction of an outdoor play area, alterations to the exterior of the existing building and the installation
of new landscaping and fencing.
ANALYSIS:
Conditional Use Permit
Day Care Center
Bright Horizons is requesting approval of a Conditional Use Permit to operate an 8,846 square foot Day
Care Center with an outdoor play area that will be approximately 8,300 square feet. The Day Care Center
would provide child care services for up to 126 children.
The Day Care Center would operate from 6:00 a.m. to 7:00 p.m. Monday through Friday with a maximum
of 18 employees on-site at any one time. A maximum of 114 children would be allowed to play outdoors
within a fenced in playground area between the hours of 8:00 a.m. and 6:00 p.m.
The Day Care Center would be the sole occupant within an existing single story office building. There
would be seven activity rooms ranging in size from approximately 488 square feet to 972 square feet.
Other rooms within the building would include a kitchen, six bathrooms, storage closets, and an office
(Sheet A2.1 of Attachment 4).
Page 2 of 11
Figure 1. Aerial Map
The City of Dublin Zoning Ordinance (Section 8.76.080) establishes parking requirements by use type.
Day Care Centers have the following parking requirements:
Tahlp 1 _ 7nnina nrdinnnee Parking Reauirements
Parkin Requirement Number of Spaces
1 space p er employee 18
1 space p er company 0
1 loading space for every 5 children 25
Total 43
Applying these parking standards to the proposed Day Care Center, a total of 43 parking spaces would be
required. A total of 34 on-site parking spaces would be provided after modifications to the parking lot are
made to accommodate an outdoor play area. Based on the number of required parking spaces, the site
would be deficient by 9 spaces. See Table 2 below.
Tnhle 2! nav Care Center Parkiniz Deficiencv
Parkin ; Spaces
On-Site Parkin Spaces 34
Required Parkin Spaces 43
Deficient of Parkin Spaces -9
In order to accommodate for the 9 space deficit, Off-Site Parking was analyzed.
Off-Site Parkiniz
Section 8.76.050.C of the Dublin Zoning Ordinance allows for Off-Site Parking to be granted by means of
a Conditional Use Permit by the Zoning Administrator subject to the following requirements:
1. The Conditional Use Permit findings can be made.
2. The most distant parking space from a non-residential use type (i.e. the proposed Day Care Center
use type) is not more than 400-feet from the use.
3. Additional documents, covenants, deed restrictions or other agreements as may be deemed
necessary by the Director of Community Development are executed to assure that the required
parking spaces are provided to the principle use for the life of the documents, covenants, deed
restrictions, or other agreements.
4. The parking lot is not located in a residential zone unless the principle use requiring the parking is
also located in a residential zone.
5. The parking lot site is not within a road easement or private street.
In accordance with Section 8.128.040.E of the Zoning Ordinance, the Zoning Administrator is
transferring decision making authority on the issue of the request for Off-Site Parking to the Planning
Commission because the Planning Commission has decision making authority over the Conditional Use
Permit request for the Day Care Center use which the proposed off-si-:e parking would serve.
The proposed Off-Site Parking would be located on the adjacent Dublin San Ramon Services District
(DSRSD) property located at 7051 Dublin Boulevard. Bright F[orizons has entered into a license
agreement with DSRSD for the use of off-site parking spaces on DSRSD's adjacent property.
Page 3 of 11
In considering Bright Horizons request for Off-Site Parking, Staff reviewed the parking requirements for
the DSRSD property to ensure that DSRSD would continue to have adequate parking for its use if it were
to lease spaces to Bright Horizons. Under the Zoning Ordinance, DSRSD is considered a Professional
Office use type and requires 1 parking space for every 300 square feet. Based on the size of the existing
buildings on the DSRSD site, vehicle storage and a temporary trailer the total parking requirement for
DSRSD is 87 spaces. A total of 96 parking spaces are currently available on-site leaving 9 excess parking
spaces. Because DSRSD has sufficient parking to lease 9 parking spaces to Bright Horizons, the
Conditional Use Permit request for Off-Site Parking can consider granting 9 off-site parking spaces to
Bright Horizons.
The 9 off-site parking spaces would be located approximately 30 feet to the immediate west of the
building where the proposed Day Care Center would be located (see Figure 2 below). Vehicular access to
the nine off-site parking spaces would be provided by an existing driveway off of Dublin Boulevard. The
nine off-site parking spaces would be designated for employees of Bright Horizons in order to allow
parents to park on-site (See Attachment 1, Condition of Approval No. 12). Pedestrian access from the
off-site parking spaces to the Day Care Center would be provided by an existing walkway that connects
the off-site parking spaces to the building where the proposed Day Care Center would be located.
Figure 2. Off-Site Parking Designation
SITE PLAN X11 ?" 20, 10' o'
- A51 NOFIH CRAPIiICSE:
'a-0 ^?CALN?
Noise
The Dublin General Plan Noise Element includes policies regarding noise and the location of land uses.
An acoustical report was prepared by Rosen Goldberg Der & Leewitz, Inc. to evaluate potential noise
Page 4 of 11
9 off-site parking spaces on
DSRSD property
impacts from the Day Care Center's outdoor play area on adjacent single-family residences to the north of
the project (Attachment 5).
In order to quantify the existing ambient noise levels at the project site, a series of measurements were
taken adjacent to the backyards of the existing single family homes which front Maple Drive. The major
source of noise during the ambient measurements was traffic and the Community Noise Exposure Level
(CNEL) recorded was approximately 60 decibels at the property line adjacent to the south face of the
existing 5-foot masonry wall separating the Day Care from the adjacent residential homes.
To quantify noise levels that would be generated by the use of an outdoor play area, noise measurements
were conducted at a similar facility, KinderCare Learning Center, located at 11925 Amador Valley Court.
Projected noise level for the Bright Horizons Day Care Center was calculated based on the noise
measurements taken at the KinderCare Learning Center. Adjustments were made for the number of
children and the distance between the play areas and property lines.
The predicted noise level for a maximum of 114 children in the outdoor play area is 58 decibels.
Combined with the existing ambient noise levels from traffic, the projected noise levels with the addition
of the outdoor play area would be 61-62 decibels. The existing 5 -foot masonry wall along the north
property line separating the site from adjacent residential homes would provide an estimated 5 decibel
reduction in noise levels. Therefore, the resulting noise levels with the addition of an outdoor play area
would not exceed the "normally acceptable" level of 60 decibels fc r residential uses established in the
General Plan.
To further ensure that noise associated with the outdoor play area is :minimized, a Condition of Approval
has been applied to the project limiting the use of the outdoor play area to between the hours of 8:00 a.m.
and 6:00 p.m. and limiting the number of children within the outdoor play area to no more than 114 at any
given time (Attachment 1, Condition of Approval No. 10).
Site Development Review
The project includes modifications to the existing site layout to improve vehicular access and circulation,
accommodate an outdoor play area, provide additional landscaping arLd a new trash enclosure, and modify
the exterior of the building to provide additional doors/windows in response to changes in the floor plan
layout for the proposed Day Care Center.
Access and Circulation
Vehicular access to the project site would be provided off of Clark Avenue (see Figure 3 below). Two
existing driveways along Clark Avenue would be modified to meet current standards for commercial
driveways. The northern driveway (farthest from Dublin Boulevard) would provide both ingress and
egress while the southern driveway (closest to Dublin Boulevard) would be an exit only. Restricting the
southern driveway to an exit only requires that parents use the driveway furthest from Dublin Boulevard
to prevent potential stacking on Clark Avenue to Dublin Boulevard during peak drop-off and pick-up
times and would facilitate better on- and off-site access and circulation. Additionally, a portion of the
existing curb along Clark Avenue would be designated a No Parking Zone to facilitate emergency access
and visibility at the driveway locations (See Attachment 2, Condition of Approval No. 50).
Page 5 of 11
Figure 3. Site Plan
%11 PLAN 20' 10' o'
' - A51 ?M MMSI. , N 4
The existing parking lot would be reconfigured to provide perpendicular parking stalls rather than angled
parking stalls. Existing driveways and drive aisles would also be modified to improve access and
circulation and to conform to the requirements set forth in Chapter 8.76 Off-Street Parking and Loading
Regulations of the Zoning Ordinance. Existing one-way drive aisles would become two-way, 25-foot
wide drive aisles and all parking spaces would be upgraded to meet current standards (Attachment 4,
Sheet AS 1).
The revised parking and circulation layout has been reviewed by the City's Traffic Engineer and the
proposed changes were found to be appropriate for the Day Care Center and would not result in any
negative impacts to the site or adjacent properties. The City's Traffic Engineer has assessed the need for
a traffic study and determined that the project's anticipated trip generation would not result in any
impacts. Therefore, a traffic study was not deemed necessary for the proposed project (See Attachment
6).
Outdoor PlU Area
An outdoor play area is proposed to be constructed along the western property line adjacent to the existing
building and within a portion of the existing parking lot (See Figure 4 below). The outdoor play area
would total approximately 8,300 square feet and would be enclosed with a 6-foot high fence. The fence
would be constructed of decorative steel or similar durable materials. A vinyl mesh fabric would be
applied to the south and west elevations of the fence in order to limit visual accessibility to the outdoor
play area from the public right-of-way.
The outdoor play area would be divided into three sections by age group; each section would include age-
appropriate playground equipment with the tallest piece of equipment being 13-feet in height (Attachment
Page 6 of 11
4, Sheet AS2). A walkway from the building to the outdoor play area would provide a safe path of travel
for children who would be escorted to and from the play area. A series of gates along the eastern side of
the outdoor play area would provide access to each of the respective sections.
PLAN X11 ?"" zo• ,o• a'
Landscaniniz and Trash Enclosure
The fencing along the north, south and east edges of the outdoor play area would be softened with a
continuous planting strip of evergreen shrubs, flowering accent plants and trees. Landscaping along the
northern edge of the play area has been designed to serve as a buffer between the outdoor play area and
existing single family homes to the north and would include evergreen trees (Attachment 4, Sheet L-1).
An existing 5-foot high masonry wall located along the northern property line would remain and serve to
buffer the Day Care Center from the adjacent single family residences.
Landscaping along the eastern edge of the play area has been designed to provide a shaded walkway to
and from the play area and to serve as a visual buffer between the outdoor play area and the parking lot.
The plant palette in this area includes 24-inch box Honey Locust trees as well as numerous shrubs and
groundcover. Three additional Honey Locust trees would be planted within the parking lot (Attachment
4, Sheet L-1). Existing perimeter landscaping along Dublin Boulevard and Clark Avenue would remain.
See Figure 4 below.
A new trash enclosure is also proposed and would be located north of the building and adjacent to the
outdoor play area. The trash enclosure has been designed with colors and materials that would be
compatible with the existing building. The walls of the enclosure would have a stucco finish and the roof
of the enclosure would be covered with concrete tiles. Gates constructed of metal panels, powder coated
and painted to match the stucco color of the enclosure walls would screen the waste receptacles stored
inside the enclosure (Attachment 4, Sheet A4.1).
Page 7 of 11
Figure 4. Outdoor Play Area Layout
Figure 4. Preliminary Landscape Plan
Trash Enclosure
Exterior Building Modifications
Outdoor Storage
N+
In order to meet Building Code exiting requirements from the proposed activity rooms within the Day
Care Center, new exterior doors are required. One new door is proposed along the south elevation facing
Dublin Boulevard and one on the west elevation facing the adjacent I)SRSD property; four new doors are
proposed along the north elevation facing the existing parking lot. One of the new doors along the north
elevation would be for a new Fire Sprinkler Riser room (Attachment 4, Sheet A4.1).
New windows are also proposed on the north, south and west elevations. These windows would provide
natural light for the Day Care Center's activity rooms and kitchen (Attachment 4, Sheet A4.1).
Conditions of Approval have been included in the draft Resolution (Attachment 2, Condition of Approval
No. 21) requiring that the colors and materials used for all new windows and doors match existing
windows and doors in order to maintain a consistent exterior appearance throughout the building.
Conformance with the General Plan and Zoning Ordinance
The project site is designated Retail/Office in the General Plan and is located in a C-2, General
Commercial Zoning District. The C-2 District allows for the operation of Day Care Centers as a
conditional use and is consistent with the Retail/Office land use designation of the General Plan. With the
inclusion of the Off-Site Parking spaces on the adjacent property, the project will meet the parking
requirements contained in the Zoning Ordinance. The project is also consistent with the Noise Element of
the General Plan which establishes policies regarding noise and land use compatibility. A noise study
was prepared and concluded that a negligible increase in noise levels associated with the outdoor play
area is not expected to significantly increase the long-term average noise levels at the nearby residences.
Page 8 of 11
Furthermore, Conditions of Approval have been applied to the project to ensure on-going compatibility
between the Day Care Center and adjacent single family residences.
Review by Applicable City Departments and Agencies
The Public Works Department, Building Division, Dublin Fire Prevention, Dublin Police Services, and
Dublin San Ramon Services District have all reviewed the proposed project. Conditions of Approval
from these departments and agencies have been included in the proposed Resolutions (Attachments 1 and
2).
Noticing
In accordance with State law, a Public Notice was mailed to all property owners and occupants/residents
within three hundred feet of the proposed project at 7035 Dublin Boulevard (Day Care Center) and 7051
Dublin Boulevard (Off-Site Parking) to advertise the project and the public hearing scheduled for May 26,
2009. The Public Notice was also published in the Valley Times and posted at several locations
throughout the City.
ENVIRONMENTAL REVIEW:
Staff is recommending that the project be found Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15332, In-Fill Development Projects. The project consists of a
Conditional Use Permit for the operation of a Day Care Center for up to 126 children; a Conditional Use
Permit for Off-Site Parking; and Site Development Review for modifications to site layout including the
construction of an outdoor play area, alterations to parking and circulation, the installation of landscaping
and fencing, and modifications to the exterior of the building to provide additional doors and windows.
The project is consistent with the General Plan Retail/Office land use designation and with the C-2,
General Commercial zoning which allows Day Care Centers as a conditional use. The project as
proposed and conditioned includes measures to provide compatibility with adjacent residential uses.
These measures include retention of an existing 5' block wall along the northerly project boundary,
location of the play area toward the building and away from the residences, provision of landscaping
along the northerly play area boundary, and addition of a condition limiting outdoor playtime. The
project is in the City limits, on an approximately 1.13 acre site that is surrounded by existing developed
urban commercial and residential uses. The project site is developed with a structure and parking lot and
has no habitat value.
The project would not result in any significant effects relating to traffic, noise, air quality or water
quality. As noted earlier in this report, the City's Traffic Engineer d-termined that the project would not
result in traffic impacts. The project would not use hazardous materials or generate hazardous emissions
and any wastewater would be discharged into the public sewer system for treatment and disposal. The
project site is a corner lot adjacent to the DSRSD corporation yard. Both the project site and adjacent
residences are already affected by traffic noise. Attenuation measures noted in the Staff Report and the
added Condition of Approval would minimize project noise. The project is proposed on an existing
developed lot with an existing structure; the project site has access to public streets and is served by
public utilities and services.
Page 9 of 11
FINDINGS:
In reviewing the request for a Conditional Use Permit for the operation of a Day Care Center and for Off-
Site Parking and the Site Development Review request for modifications to the site layout and alterations
to the exterior of the existing building, the Required Findings for a Conditional Use Permit (Section
8.100.060 and 8.76.050.C)) and the Required Findings for a Site Development Review (Section
8.104.090) were considered to ensure that all of the findings could be. made. The draft Resolutions for a
Conditional Use Permit (Attachment 1) and Site Development Review (Attachment 2) include statements
affirming that the Required Findings for each approval can be made in order to approve the project.
CONCLUSION:
The proposed Day Care Center has been reviewed for potential impacts to adjacent businesses and
residences and, as conditioned, would not have any negative impacts 1:0 the health, safety or welfare of the
public. The property located at 7035 Dublin Boulevard represents an appropriate location for a Day Care
Center and would serve a need in the community for child care services. Conditions of Approval have
been applied to the project to ensure on-going compatibility with Surrounding uses. Additionally, the
Community Development Director has the authority to require that the Conditional Use Permit for the
Day Care Center and Off-Site Parking be reviewed on an annual basis to ensure on-going compliance
with the Conditions of Approval.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5)
Adopt a Resolution approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin
Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard; End 6) Adopt a Resolution approving
a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and
make associated site and exterior building improvements related to the operation of a Day Care Center at
7035 Dublin Boulevard.
J
Page 10 of 11
GENERAL INFORMATION:
APPLICANT: Steven Geller, Bright Horizons Family Solutions, 200
Talcott Avenue, Watertown, MA 02472
PROPERTY OWNER: Ted J. Babbes, Lincoln Funding Group, 7035 Dublin
Boulevard, Dublin, CA 94568
LOCATION: 7035 Dublin Boulevard (APN 941-0210-025-02)
GENERAL PLAN
LAND USE DESIGNATION: Retail/Office
SPECIFIC PLAN/
LAND USE DESIGNATION: N/A
ZONING: C-2, General Commercial
SURROUNDING USES:
Location Zoning General Plan Land Use Current Use of
Pro e
Site C-2, General Commercial Retail/Of fice Office
North R-1, Single Family Residential Single Family Single Family
Residential Residences
South C-2, General Commercial; C- Retail/Office, Business Offices
O, Commercial Office Park/Industrial.
East C-2, General Commercial Retail/Office Retail, Automobile
Repair and Service
West C-2, General Commercial Retail/Office Offices
Page 11 of 11