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HomeMy WebLinkAbout8.1 Attmt 1 Reso Appv CUP to Operate Cay Care CtrRESOLUTION NO. 09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 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 (APN 941-0210-025-02) PA 09-005 WHEREAS, the Applicant, Steven Geller, on behalf of Bright Horizons Family Solutions, has requested a Conditional Use Permit for the following: 1) to operate a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and 2) to allow for up to nine off-site parking spaces at 7051 Dublin Boulevard; and WHEREAS, Bright Horizons Family Solutions proposes to be the sole occupant of an existing 8,846 square foot, single-story office building; and WHEREAS, Section 8.12.050 of the City of Dublin Zoning Ordinance states that a Day Care Center (15+ children) is conditionally permitted in the C-2 (General Commercial) Zoning District with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the project site is located in the C-2 (General Commercial) Zoning District and has a General Plan land use designation of Retail/Office; and WHEREAS, in accordance with the City of Dublin Zoning Ordinance Off-Street Parking and Loading Regulations the proposed Day Care Center requires 43 parking spaces; and WHEREAS, the Applicant proposes to make modifications to the project site to accommodate an outdoor play area to serve the Day Care Center and as a result of those modifications only 34 parking spaces can be provided on-site resulting in a 9 space parking deficien-,y; and WHEREAS, Section 8.76.050.C of the City of Dublin Zoning Ordinance provides that where required parking for a use type cannot be feasibly provided on the. same site as an approved use, the Zoning Administrator may allow the required parking to be located on an adjacent parcel pursuant to a Conditional Use Permit subject to all of the following requirements 1) Conditional Use Permit findings can be made; 2) the most distant parking space from a non-residential use type is not more than 400 feet from the use; 3) additional documents, covenants, deed restrictio is, 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 principal use for the life of the documents, covenants, deed restrictions, or other agreements; 4) the parking lot site is not located in a residential zone unless the principal use requiring the parking is also allowed in a residential zone; and 5) the parking lot site is not within a road easement or private street; and WHEREAS, in accordance with Chapter 8.96 of the Cite of Dublin Zoning Ordinance, the Zoning Administrator is transferring decision making authority on 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-site parking would serve; and ATTACHMENT 1 WHEREAS, the Applicant has secured through a license agreement with Dublin San Ramon Services District the right to use nine of Dublin San Ramon Services District's parking spaces located adjacent to the project site; and WHEREAS, the most distant off-site parking space is not greater than 400 feet from the project site; and WHEREAS, the Dublin San Ramon Services District parking lot is located in a C-2 General Commercial Zoning District and is not a residential zone nor is the Dublin San Ramon Services District parking lot within a road easement or private street; and WHEREAS, a complete application for the requested Conditional Use Permits was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted a written statement and project plans dated received January 21, 2009 and April 10, 2009; and WHEREAS, the City's Traffic Engineer has reviewed the project and assessed the need for a traffic study and determined that the project's contribution of traffic; to the roadway network would not result in any impacts and as such a traffic study to assess off-site impacts was not required; and WHEREAS, a noise study was prepared by Rosen Goldberg; Der & Lewitz, Inc., dated April 24, 2009 to assess the potential for noise impacts from children using the proposed outdoor play area and determined that with ambient traffic noise at the site, the noise from the outdoor play area is not expected to significantly increase noise levels at the nearby residences and resulting ambient noise level is expected to remain within the "normally acceptable" levels identified in the City of Dublin General Plan Noise Element; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, based on the whole record, including the project application materials and the Planning Commission Staff Report, the project has been found to b1 Categorically Exempt from CEQA according to CEQA Guidelines Section 15332, In-Fill Development Projects; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 26, 2009 for this project; and WHEREAS, proper notice of said public hearing was given i a 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 allow the operation of a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boul-.vard and to allow for up to nine off- site parking spaces at 7051 Dublin Boulevard; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. 2 NOW, THEREFORE, BE IT RESOLVED that the City c f Dublin Planning Commission does hereby make the following Conditional Use Permit findings for th-1 operation of a Day Care Center at 7035 Dublin Boulevard: A. The Day Care Center and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Day Care Center would be located within an existing office building; 2) the existing on and off-site parking would be adequate to serve the proposed Day Care Center; 3) the City's Traffic Engineer has concluded that the anticipated traffic from the Day Care Center onto the existing roadway network would not result in any negative impacts; 4) an acoustical report was prepared and concluded that the anticipated outdoor activities by the Day Care Center is expected to be within the "normally acceptable" levels of the City's General Plan Noise Element guidelines for single-family residences, which is a measurement of 60 decibels or less; and 5) the proposed facility will provide a service to the residents of Dublin as well as employees within the City. B. The proposed Day Care Center will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public healt,z, safety and welfare because: 1) the Day Care Center will conform to all applicable regulations contained within the Dublin Zoning Ordinance; and 2) as conditioned, the property owner and operator(s) of the facility will be required to minimize noise and other impacts to the adjacent properties. C. The proposed Day Care Center will not be injurious to property or improvements in the neighborhood because: 1) the project will be located on a developed site and the outdoor play area would be located at the western property line enclosed by a six foot fence; 2) Conditions of Approval have been placed on the project to limit the hours of operation of the Day Care Center; and 3) Conditions of Approval have been placed on the project to limit the hours during which children would occupy the outdoor play area as well as to lirr_it the number of children who would occupy the outdoor play area at one time. 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 because: 1) the project is located on a developed site with adequate provisions for public access, water, sanitation, and public utilities and services; 2) access to the Site will be taken off of Clark Avenue, a fully improved road; and 3) there are existing sidewalks to allow for adequate pedestrian access to the Site. E. The proposed Day Care Center site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the project is located on a developed site, generally flat in topography; 2) the existing roadway network leading to the site and the availability of existing on and off-site parking is adequate to serve the proposed use; 3) as conditioned, the facility will operate between the hours of 5 a.m. and 7 p.m., Monday through Friday; and 4) as conditioned, the facility will have no more than 126 children on-site at any one time. F. The proposed Day Care Center will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: 1) the General Plan has designated the site for Retail/Office uses and a Day Care Center is consistent with Retail/Office development; and 2) the Dub [in Zoning Ordinance provides that a Day Care Center is a Conditional Use in the C-2 (General Commercial) Zoning District in which it 3 is located and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made. G. The proposed Day Care Center is consistent with the Lublin General Plan and with any applicable Specific Plans because: 1) the use of the Site iE consistent with the Dublin General Plan land use designation of Retail/Office which conditionally permits the use of Day Care Centers; 2) the proposed use is permitted with a Conditional Use Permit and meets the intent of the C-2, General Commercial Zoning District in which it is located; and 3) the Day Care Center will provide a needed service to residents and employees in Dublin. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following Conditional Use Permit findings to allow for up to 9 Off-Site Parking spaces located at 7051 Dublin Boulevard: A. The proposed off-site parking is compatible with other la7d uses, transportation and service facilities in the vicinity because: 1) the off-site parking is located on an adjacent parcel at 7051 Dublin Boulevard and pedestrian access is provided by a sidewalk that leads directly from the off- site parking spaces to the project site. B. The off-site parking 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 off-site parking is located in a parking lot that has adequate vehicular circulation; 2) pedestrian access to the Day Care Center from the off-site parking is provided by a sidewalk that leads directly to two entrances at the rear of the building; and 3) Dublin San Ramon Services District has met the required parking requirement for their existing use and leasing nine parking spaces would not result in a negative impact to their use or surrounding uses. C. The off-site parking will not be injurious to property or improvements -in the neighborhood because: 1) the off-site parking is located on a developed site at 7051 Dublin Boulevard and has been designed to ensure adequate vehicular circulation anc. pedestrian access to and from the parking lot; and 2) there is sufficient parking remaining for Dublin San Ramon Services District and leasing nine parking spaces would not result in any negative impacts. 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 because: 1) the nine off-site parking spaces can be accessed by a driveway on Dublin Boulevard and there is an adequate path of travel from the off-site parking spaces to the Day Care Center. E. The off-site parking site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the off-site parking is located on a developed site, generally flat in topography; and 2) the existing roadway network leading to the off-site parking and the availability of off-site parking is adequate to serve the Day Care Center. F. The off-site parking will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because in accordance with Section 8.76.050.C, the following requirements have been met: 1) the Conditional Use Permit Findings can be made; 2) the most distant parking space is not more than 400 feet from the project; 3) a license agreement has been executed between Bert L. Michalczyk of Dublin San Ramon Services District and Ted Babbes of MAC DADDY, LLC to assure that 9 4 parking spaces are provided to the Day Care Center for the life of the agreement; 4) the parking lot site where the off-site parking would occur is located at 7051 Dublin Boulevard in a C-2, General Commercial Zoning District and is not a residential zone; and 5) the parking lot site where the off- site parking would occur is located at 7051 Dublin Boulevard and is not within a road easement of a private street. G. The off-site parking is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the off-site parking is consistent with the Dublin General Plan land use designation of Retail/Office in that there are a sufficient amount of parking spaces remaining for Dublin San Ramon Services District and the existing parking provided for this site will not be negatively impacted. BE IT FURTHERED RESOLVED that the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit for the operation of a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and a Conditional Use Permit for up to 9 Off-Site Parking for spaces at 7051 Dublin Boulevard, as shown on the written statement and project plans prepared by Tectonics dated received January 21, 2009 and April 10, 2009 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be corr plied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and approval. 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] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Conditional Use Permit approval is for PL On-going Planning the establishment and operation of a Day Care Center at 7035 Dublin Blvd for up to 126 children and 18 employees and for Off-Site Parking. This approval shall be as generally depicted and indicated on the plans prepared by Tectonics dated received April 10, 2009, on file in the Community Development Department, and other plans, text, and diagrams relating to this permit approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall PL One year from DMC commence within one (1) year of Permit approval or the approval date 8.96.020.D Permit shall lapse and become null and void. Commencement of construction or use means the actual 5 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- PL One year from DMC maker may, upon the Applicant's written request for an approval date 8.96.020.E extension of approval 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 articular Permit. 4. Modifications. Any modifications to the use or PL On-going DMC conditions of this Conditional Use Permit approval shall 8.100.080 be subject to review and approval by the final decision making body. Minor amendments may be considered by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 5. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 6. Null and Void. This approval shall become null and PL On-going Planning void in the event that the approved use(s) ceases to operate for a continuous one-year period, after the use commences. 7. Site Development Review. The Applicant and/or PL On-going Planning Property Owner shall also comply with all Conditions of Approval associated with the Site Development Review (PA 09-005) for the building and related site improvements. PROJECT SPECIFIC 8. Hours of Operation. The hours of operation for the PL On-going Planning Day Care Center are 6 a.m. to 7 p.m. Monday through 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 of the Dublin Zoning Ordinance. 9. Number of Children. The Day Care Center is PL On-going Planning approved for up to 126 children. An increase in the number of children shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 10. Number of Children and Hours in Outdoor Play PL On-going Planning Area. A maximum of 114 children shall be allowed at the outdoor play area at any given time. Children shall not occupy the outdoor play area before 8 a.m. or later than 6:00 p.m. An increase in the number of children and hours of the outdoor play area shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 11. Off-Site Parking. The Day Care Center shall provide PL On-going Planning the required number of on-site parking spaces in accordance with the Dublin Municipal Code. A total of 9 Off-Site Parking spaces located at 7051 Dublin Boulevard are required in order to meet the minimum parking requirement for the Day Care Center. The Day Care Center operator shall provide the Community Development Director with a written agreement to utilize the off-site parking spaces for the duration of the Day Care Center operation. In the event that the parking agreement expires, is revoked or lapses, the Day Care Center shall replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. Upon expiration, revocation or lapsing of the agreement, the Applicant or future operator shall immediately notify the Community Development Department and shall provide proof of a new plan for off-site parking, to the satisfaction of the Community Development Director, or in the alternative, shall reduce the occupancy accordingly. 12. Employee Parking. Before utilizing any on-site PL On-going Planning parking spaces, employees shall first utilize the 9 off-site parking spaces located at 7051 Dublin Boulevard until fully occupied in order to allow the maximum number of on-site spaces to be made available for use by patrons of the Day Care Center. 13. Controlling Activities. The Applicant/Developer shall PL On-going Planning control all activities on the project site so as not to create a nuisance to surrounding businesses and residences. 14. Property maintenance. The property owner and/or PL On-going Planning future tenant(s) shall be responsible for maintaining the site in a clean and litter free condition at all times. 15. Graffiti. The Applicant/Developer and/or building I'L, PO On-going Planning, tenant(s) shall keep the site clear of graffiti vandalism on Police a regular and continuous basis. Graffiti resistant paint for structures and film for windows or glass should be used whenever possible. 16. Signage. All new signage is subject to review and PL, B Ongoing Planning, approval by the City of Dublin and shall conform to Building signage guidelines as established in Chapter 8.84 of the Zoning Ordinance. Proper Building Permits issued by the Building Department shall be obtained. 17. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84.050 shall only be permitted after first securing an approved Temporary Promotional Sign/Balloon Permit. All signage on-site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 18. 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. 19. Temporary Structures. The use of any temporary PL On-going DMC structures, such as storage sheds or trailer/container 8.108 units used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 20. Photometric Plan/Parking Lot Lights. The PW, Prior to Various Applicant/Developer shall provide photometric l'L, PO issuance of calculation for the existing parking lot and around the Occupancy building that demonstrates a minimum foot-candle Permit(s) lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessary. STAND ARD CONDITIONS 21. Clarifications and Changes to the Conditions. In the PL Through Standard event that there needs to be clarification to these Completion Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Director and placed in the project file. The Director also has the authority to make minor modifications to these Conditions without going to a public hearing in order for the Developer to fulfill the requirements of the Conditional Use Permit. 22. Hold Harmless/Indemnification. The Developer shall ADM Through Standard defend, indemnify, and hold harmless the City of Dublin Completion and its agents, 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 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 roceedings. 23. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable City Building of Dublin Fire Prevention Bureau, Dublin Public Works Permits Department, Dublin Building Division, 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 obtain any necessary permits or approvals provide form each such agency or department. 24. Fees. The Developer shall pay all applicable fees in Various Issuance of Standard effect at the time of building permit issuance including, Building but not limited to, Planning fees, Building fees, Dublin Permits and San Ramon Services District fees, Public Facilities fees, Ongoing Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. PASSED, APPROVED AND ADOPTED this 26th day of 1%1ay 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Acting Planning Manager 9