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HomeMy WebLinkAbout8.2 Attch 1 Reso CUP PA 09-025 Resurrection Lutheran Church SDRRESOLUTION N0.09 - XX 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 116 CHILDREN TO 140 CHILDREN LOCATED AT 7557 AMADOR VALLEY BOULEVARD (APN 941-0174-003) PA 09-025 WHEREAS, the Applicant, Resurrection Lutheran Church, has requested approval of a Conditional Use Permit to intensify the use of an existing daycare to increase the number of preschool children receiving care from 80 to 104 on-site at a given time; and WHEREAS, the total number of children at the daycare will increase from 116 to 140 children; and WHEREAS, the proposal involves intensification of a preschool use which was established on the project site in 1973; and WHEREAS, the project site is located within the PD (Planned Development) Zoning District and a daycare center requires approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, a complete application for a Conditional Use Permit was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant submitted project plans and a written statement received by the Planning Division on September 16, 2009; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines Section 15301; and WHEREAS, the Planning Commission held a public hearing on said application on November 24, 2009; 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 allow the intensification of a day care center for up to 140 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; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding 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 the vicinity because: 1) a childcare facility for infants through preschool currently exists on the site; and 2) the pick-up and drop-off of children are staggered and there is adequate on-site parking to support the increase in the number of children from 116 to 140. B. The proposed intensification in use of the existing daycare 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) the property shall be required to meet current ADA accessibility 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: 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, sanitation, and public utilities and services to ensure that the proposed intensification of the preschool and infant care center would not be detrimental to the public health, safety and welfare because: 1) 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 have 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, density and intensity of the proposed intensification in use of the existing preschool and infant care center and related structure because: 1) 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 preschool and infant 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) a daycare has operated on the site since 1973 and has been expanded since then; 2) a daycare is permitted on the site with approval of a Conditional Use Permit; 3) shared parking has been approved for this site with the adjacent property, pursuant to the Planned Development Zoning District (1501 ZU) in which it is located; and 4) adequate parking is provided on the site to accommodate the expansion of the daycare as well as the additional church related classes. G. The proposed intensification in use of the existing preschool and infant care center is consistent with the Dublin General Plan because: the General Plan Land Use designation is Public/Semi- Public which specifically identifies daycare centers as an appropriate use. 2of7 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 09-025, Conditional Use Permit, to allow intensification of an existing daycare center for up to 140 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] Finance, [PCS] Parks and Community Services, [F] City of Dublin Fire, [DSR] Dublin San Ramon Services District, [AVI] Amador Valley Industries, [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. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. PLANN ING CONDITIONS 1. Approval. This Conditional Use Permit approval for PL On-going Standard PA 09-025 is to allow an intensification of an existing daycare and a temporary modular building 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 September 16, 2009 and project plans date stamped received by the Dublin Planning Department on September 16, 2009, consisting of a cover sheet, site lan and floor lan. 2. Permit Expiration. Use shall commence within two PL Two years DMC (2) years of Permit approval or the Permit shall lapse from permit 8.96.020.D and become null and void. Commencement of approval 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- PL One year from DMC maker may, upon the Applicant's written request for permit 8.96.020.E an extension of approval prior to expiration, and upon approval the determination that any Conditions of Approval remain ade uate to assure that a licable findin s of 3 of 7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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 re uired b the articular Permit. 4. Fees. Applicant/Developer shall pay all applicable Various Building Various fees in effect at the time of building permit issuance, Permit including, but not limited to, Planning fees, Building Issuance 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 ado ted and a licable. 5. 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 A royal. 6. Revocation of Permit. This permit shall be revocable PL On-going DMC for cause in accordance with Dublin Zoning Ordinance 8.96.020.I Section 8.96.020.I, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 7. Minor Amendments. Modifications or changes to PL On-going DMC this Conditional Use Permit approval may be 8.100.080 considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zonin Ordinance. 8. Clarification to the Conditions of Approval. In the Various On-going Standard 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 to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from im acts to this ro'ect. 9. Requirements and Standard .Conditions. The Various Building Standard Applicant/ Developer shall comply with applicable Permit City of Dublin Fire Prevention Bureau, Dublin Public Issuance Works De artment, Dublin Buildin De artment, 4of7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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 re uired have been or will be met. 10. Required Permits. Developer shall obtain all permits Various Building Standard required by other agencies including, but not limited to Permit Alameda County Flood Control and Water Issuance Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide co ies of the ermits to the Public Works De artment. 11. Compliance. Failure to comply with these conditions PL On-going Chapter may result in enforcement by the Community 8.144 of the Development Department in accordance with Chapter Dublin 8.144 of the Dublin Zoning Ordinance. Zoning Ordinance 12. Hold Harmless/Indemnification. The Developer Various On-going Administrat shall defend, indemnify, and hold harmless the City of ion/City Dublin and its agents, officers, and employees from Attorney 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 roceedin s. 13. Hours of Operation. The hours of operation for the PL On-going Planning day care center are 6:30 a.m. to 6:30 p.m. Monday thru Frida . An increase in the hours of o eration shall be 5 of 7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ ,REQUIRED DEPART. subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zonin Ordinance. 14. Parking. The parking area shall be used in the manner PL On-going Planning represented in application plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. 15. Use Capacity. A combination of the Infant Care PL On-going Planning Center and the Preschool Program shall serve a maximum of 140 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 slee in arran ements. 16. Outdoor Activities. No outdoor activities related to PL On-going Planning the daycare shall take place before 8:00 a.m. or after 6:30 m. 17. Property Maintenance. The Applicant shall maintain PL On-going DMC 5.64 all building materials in good condition, including canvas awnings and signs, and shall keep the site clear of graffiti vandalism on a regular and continuous basis. 18. Graffiti. The Applicant/Developer and/or building PW, PL, PO On-going Public tenant(s) shall keep the site clear of graffiti vandalism Works on a regular and continuous basis. Graffiti resistant paint for structures and film for windows or glass should be used whenever ossible. 19. Nuisance. The Applicant shall control all business PL On-going DMC activity so as not to create a public or private nuisance 5.28.020 to the existing and surrounding businesses and residents. 20. Licensing Updates. On a continuous basis, the PL 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. BUILD ING CONDITIONS 21. Building Codes and Ordinances. All project B Completion Building construction shall conform to all building codes and ordinances in effect at the time of building permit including all accessibility requirements outlined by the State of California. FIRE CONDITIONS 22. Building and Fire Codes. The project shall comply F Building Fire with all applicable Building and Fire Codes. Site and Permit Building plans shall be provided for review and Issuance a royal b the Fire De artment. 6of7 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 23. Fire Alarm (Detection) System Required. A Fire F Building Fire Alarm-Detection System shall be installed throughout Permit the building so as to provide full property protection Issuance including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, California Fire, Building, Electrical and Mechanical Codes. PUBLIC WORKS CONDITIONS 24. Standard Public Works Conditions of Approval. PW Prior to Public Works Applicant/Developer shall comply with all applicable approval of City of Dublin Public Works Standard Conditions of Improvement Approval. In the event of a conflict between the Plans Public Works Standard Conditions of Approval and these Conditions, these Conditions shall revail. 25. Disabled Parking Stall. The existing/proposed PW Prior to Public Works disabled access parking stalls that directly serve the issuance of subject tenant space must be upgraded to conform to Occupancy current ADA/Title 24 standards. Permit(s) DUBLI N SAN RAMON SERVICE DISTRICT 26. DSRSD will calculate and require payment of demand DSRSD Building DSRSD fees from those projects that increase demands on Permit sanitary sewer services prior to issuance of a Building Issuance Permit. PASSED, APPROVED AND ADOPTED this 24~' day of November 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Plarming Manager G: IPA#120091PA 09-025 Lutheran Church Temp BIdgIPC Reso.doc 7 of 7