HomeMy WebLinkAbout8.2 Attch 5 PC Reso CUP/SDRRESOLUTION NO. 10-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW
FOR THE KIDANGO DAY CARE CENTER
7500 AMARILLO ROAD (APN 941-0101-003-03)
PA 09-027
WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the
operation of a Day Care Center for up to 72 children and Site Development Review for the
establishment of an outdoor playground including chain link fencing, two shade structures and
play equipment (the "Project'); and
WHEREAS, the Project is located in an R-1 (Single Family Residential) Zoning District;
and
WHEREAS, a Day Care Center is permitted in the R-1 Zoning District subject to
approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, the Project is located on the former Nielson Elementary School site and
operates out of existing classrooms previously used by the Elementary School; and
WHEREAS, the Dublin Zoning Ordinance grants the Community Development Director
the authority to determine whether improvements not specifically identified in Chapter 8.104
(Site Development Review) require Site Development Review approval; and
WHEREAS, the Community Development Director has determined that the
establishment of the outdoor playground is subject to Site Development Review approval; and
WHEREAS, in accordance with Section 8.104.070 of the Dublin Zoning Ordinance, when
a Site Development Review is required for a project which is also subject to a Conditional Use
Permit, the Site Development Review shall be reviewed by the same decision-maker as the
Conditional Use Permit; and
WHEREAS, the Project includes chain link fencing to enclose the play area, two
accessory structures to provide shade for the children during times of outdoor play, and the
installation of new playground equipment; and
WHEREAS, chain link fencing is permitted to enclose playgrounds pursuant to Chapter
8.72 (Landscaping and Fencing Regulations); and
WHEREAS, the two accessory shade structures comply with the height and setback
requirements for accessory structures pursuant to Chapter 8.40 (Accessory Structures and
Uses Regulations); and
WHEREAS, existing playground equipment on the Nielson Elementary School site is
not age appropriate for the children being cared for by Kidango and therefore new playground
equipment has been requested; and
ATTACHMENT 5
WHEREAS, pursuant to Chapter 8.40 (Accessory Structures and Uses Regulations),
unenclosed structures are permitted to be 15-feet in height with a minimum setback of 5-feet from
the property line; and
WHEREAS, the playground equipment would be set back 16-feet from the nearest
property line and measures 6-feet tall and complies with the accessory structure requirements;
and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations required that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the Project be found
Categorically Exempt pursuant to Section 15301 and15303; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit and Site Development Review
requests; and
WHEREAS, the Planning Commission held a public hearing on said application on
September 28, 2010; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Conditional Use
Permit:
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that 1) the Project is located on a
portion of a former elementary school site and utilizes existing classrooms and
playground areas to provide child care services to the surrounding community; 2) the
Project is consistent with the previous use of the site as an elementary school; and, 3)
the Project provides child care for up to 72 children, significantly fewer children than
when the Elementary School was in operation.
B. It 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 in that 1) conditions of
approval have been placed on the Project limiting outdoor play activities to between the
hours of 9am and 5pm and limiting the number of children within the play area at any
given time to 48 to minimize the potential for noise impacts on surrounding residential
uses.
2of11
C. It will not be injurious to property or improvements in the neighborhood in that: 1) the
Project utilizes existing classrooms for the operation of the Day Care Center which
would otherwise remain vacant; and, 2) the Project site provides adequate on-site
parking for the Day Care Center in accordance with Chapter 8.76 (Off-Street Parking
and Loading Regulations).
D. There are adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use and related structures would not be
detrimental to the public health, safety, and welfare in that 1) the Project is located on a
fully improved site which was previously utilized as an elementary school; and, 2) the
Project site has adequate provisions for public access from Amarillo Road as well as
provisions for water, sanitation, and public utilities and services.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that 1) the Project is consistent with the previous
use of the site as an elementary school and utilizes existing classrooms and playground
areas to provide child care services to the community; and, 2) the Project provides child
care for up to 72 children, significantly fewer children than when the Elementary School
was in operation.
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that 1)
the Project will not generate traffic congestion nor will it overload public services or
utilities; and, 2) the Project will not generate excessive noise, illumination, unsightliness,
odor, smoke or other objectionable influences.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that. 1) the Project is consistent with the Public/Semi-Public General Plan Land Use
designation which encourages the establishment of child care centers; and 2) the
Project is not located within a Specific Plan area.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Site Development
Review:
A. The proposal is consistent with the purposes of this Chapter, with the General Plan and
with any applicable Specific Plans and design guidelines in that. 1) the Project is
consistent with other playground improvements on the former elementary school site; 2)
the Project complies with the development regulations and requirements of the Dublin
Zoning Ordinance including height, setbacks, fencing and accessory structures; and, 3)
the Project is consistent with the Public/Semi-Public General Plan land use.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that. 1) the
Project complies with the provisions of Chapter 8.72 (Landscaping and Fencing
Regulations), Chapter 8.40 (Accessory Structures and Uses Regulations) and Chapter
8.104 (Site Development Review).
C. The design of the project is appropriate to the City, the vicinity, surrounding properties
and the lot in which the project is proposed in that 1) existing playground equipment on
3of11
the Project site is not age appropriate for the children being cared for by Kidango and
therefore the new play area is appropriate to meet the needs of the Day Care Center;
and, 2) the play area will be located within a portion of the playground area previously
utilized by Nielson Elementary School.
D. The subject site is physically suitable for the type and intensity of the approved
development in that. 1) the Project is consistent with the previous use of the site as an
Elementary School and utilizes existing playground areas for outdoor play associated
with the child care services provided by Kidango.
E. Impacts to existing slopes and topographic features are addressed in that 1) the Project
is located on a fully developed site that is generally flat; and 2) the improvements
associated with the play area will not alter the existing grade of the site.
F. Architectural considerations including the character, scale and quality of the design, site
layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other development
in the vicinity in that 1) the Project is consistent with the previous use of the site as an
elementary school; 2) the outdoor play area will be located within a portion of previously
utilized play areas; 3) the chain link fencing that surrounds the play area is consistent
with other fencing on the site and is not readily visible from the public right-of-way; 4)
the accessory shade structures meet all height and setback requirements for the R-1
Zoning District; and, 5) the new playground equipment is age appropriate for the
children being cared for by Kidango and meets all height and setback requirements.
G. Landscape considerations, including the location, type, size, color, texture and coverage
of plant materials, and similar elements have been incorporated into the project to
ensure visual relief, adequate screening and an attractive environment for the public in
that. 1) the Project would not alter any existing landscaping on the site.
H. The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles in that: 1) the Project does not propose to alter the existing
circulation patterns which were established for the elementary school.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a
Conditional Use Permit and Site Development Review for the Kidango Day Care Center as
shown on the project plans, date stamped received by Dublin Planning on August 6, 2009,
subject to the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to
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; [PO] Police; [PW] Public Works; [ADM]
Administration/City Attorney.
4of11
When
NO. CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Conditional Use Permit and Site PL On-going Planning
Development Review approval is for the
establishment and operation of a Day Care Center
at 7500 Amarillo Road, on a portion of Nielson
Elementary School, for up to 72 children, and the
construction and use of an outdoor play area and
associated site improvements related to the
operation of the Day Care Center.
The project shall generally conform to the project
plans date stamped received by Dublin Planning on
August 6, 2009 including, but not limited to, the
following:
a. Written Statement revised 9/22/09 (3 pages).
b. Daily Schedule for Kidango Preschool
Classrooms (1 page).
c. Play Structure details prepared by Game
Time (3 pages).
d. Outdoor Play area aerial denoting the play
area layout (1 sheet).
e. Nielson Elementary School project plans
prepared by Aitken & Collin Architects (3
sheets: X-1, D-1, E-1).
f. Portable Classroom #32 floor plan (1 page).
g. Other plans, text, and diagrams relating to
this permit approval.
2. Permit Expiration. Construction or use shall PL Two years DMC
commence within two (2) years of Permit approval, from date of 8.96.020.D
or the Permit shall lapse and become null and void. approval
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- PL Permit DMC
maker may, upon the Applicant's written request for expiration 8.96.020.E
an extension of approval prior to expiration, and
5of11
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 6 months. All time extension requests shall
be noticed and a public hearing or public meeting
shall be held as required b the articular Permit.
4. Approval Period. This Conditional Use Permit and PL On-going Planning
Site Development Review approval shall be null and
void in the event the approved use and/or structures
cease tooperate for a continuous one-year period.
5. Annual Review. On an annual basis, this PL, PO On-going Planning
Conditional Use Permit and Site Development
Review approval may be subject to a review by the
Planning Manager to determine compliance with the
Conditions of Approval.
6. Revocation. This permit shall be revocable for PL On-going DMC
cause in accordance with Dublin Zoning Ordinance 8.96.020.1
Section 8.96.020.1, Revocation. Any violation of
the terms of the terms and conditions of this permit
may be subject to the issuance of a citation.
7. Minor Amendments. Modifications or changes to PL On-Going DMC
this approval may be considered and approved by 8.100.080
the Community Development Director, if the and/or
modifications or changes proposed comply with 8.104.030
Section 8.100.080 and/or 8.104.030, of the Zoning
Ordinance.
8. Clarifications and Changes to the Conditions. In PL Through Standard
the event that there needs to be clarification to Completion
these Conditions of Approval, the Community
Development Director has the authority to clarify
the intent of these Conditions of Approval. Any
clarification to these Conditions of Approval shall be
documented in writing, signed by the Community
Development Director and placed in the project file.
The Community Development Director also has the
authority to make minor modifications to these
Conditions of Approval without going to a public
hearing in order for the Applicant to fulfill the
requirements of the permit approval.
9. Hold Harmless/Indemnification. The Applicant ADM Through Admin/
shall defend, indemnify, and hold harmless the City Completion City
of Dublin and its agents, officers, and employees Attorney
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,
6of11
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
Applicant's duty to so defend, indemnify, and hold
harmless shall be subject to the City's promptly
notifying the Applicant of any said claim, action, or
proceeding and the City's full cooperation in the
defense of such actions or proceedings.
10. Requirements and Standard Conditions. The Various Issuance of Standard
Applicant shall comply with applicable City of Building
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.
11. Fees. The Applicant shall pay all applicable fees in Various Issuance of Standard
effect at the time of building permit issuance Building
including, but not limited to, Planning fees, Building Permits and
fees, Dublin San Ramon Services District fees, On-going
Public Facilities fees, 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.
12. Property Maintenance. The Applicant and/or PL On-going DMC
Property Owner shall keep the property maintained 5.64
in a safe, clean, and litter-free condition at all times.
13. Graffiti. The Applicant and/or Property Owner PL On-going DMC
shall keep the site clear of graffiti vandalism on a 5.68
regular and continuous basis, at all times. Where
feasible raffiti resistant materials should be used.
14. Nuisance. The Applicant shall control all activities PL On-going DMC
so as not to create a public or private nuisance to 5.28.020
the existing and surrounding residents.
7of11
15. Temporary Promotional Banners and Balloons. PL On-going DMC
Temporary Promotional Banner Signs and Balloons 8.84
are prohibited in Residential Zoning Districts and
shall not be displayed at an time.
16. Prohibited Signage. The use of any A-Frame, PL On-going DMC
portable, or sandwich-board sign, or any other sign 8.84.150
contained in Section 8.84.150 of the Dublin Zoning
Ordinance shall be prohibited.
PLAN NING - Project Specific
17. Hours of Operation. The approved hours of PL On-going Planning
operation are 7am-6pm, Monday through Friday.
The Applicant shall be responsible for ensuring that
the drop-off and pick-up of children is conducted in
an orderly manner and does not negatively impact
surrounding residents.
18. Outdoor Activities. Outdoor activities shall be PL On-going Planning
limited to the designated outdoor play area as
shown on the approved plans. No more than 48
children shall be present within the designated
outdoor play area. Outdoor activities shall be
limited to a maximum of 2 hours total per day (1
hour in the a.m. and 1 hour in the p.m.) between the
hours of gam and 5 pm.
19. Parking. A total of 26 parking spaces (14 spaces PL On-going Planning
for parent drop-off and pick-up and 12 spaces for
employees) shall remain available for use by the
Kidango Child Care Center during the approved
hours of operation.
20. Community Care Licensing. The Applicant must Various 30 days of Various
be licensed and comply with all State of California Permit
Community Care Licensing (CCL) requirements. A approval
copy of the approved State of California Community
Care license shall be submitted within 30 days of
approval of the Conditional Use Permit/Site
Development Review.
21. Business License. The Applicant shall apply for a Various 30 days of Various
City of Dublin Business License within 30 days of Permit
approval of the Conditional Use Permit/Site approval
Development Review.
PUBLIC WORKS
22. Required Permits. An encroachment permit from PW Issuance of Public
the Public Works Department may be required for Building Works
any work done within the public right-of-way. Permits and
Ongoing
23. Standard Public Works Conditions of Approval. PW Approval of Public
Applicant/Developer shall comply with all applicable Improvement Works
City of Dublin Public Works Standard Conditions of Plans
Approval. In the event of a conflict between the
8of11
Public Works Standard Conditions of Approval and
these Conditions, these Conditions shall prevail.
24. Erosion Control during Construction. PW Issuance of Public
Applicant/Developer shall include an Erosion and Grading/ Works
Sediment Control Plan with the Grading and Sitework
Improvement plans for review and approval by the Permit and
City Engineer and/or Public Works Director. Said during
plan shall be designed, implemented, and construction
continually maintained pursuant to the City's
NPDES permit between October 1st and April 15t' or
beyond these dates if dictated by rainy weather, or
as otherwise directed by the City Engineer and/or
Public Works Director.
All grading, construction, and development activities
within the City of Dublin must comply with the
provisions of the Clean Water Act. Proper erosion
control measures must be installed at development
sites within the City during construction, and all
activities shall adhere to Best Management
Practices.
25. Storm Drain Improvements. Applicant/beveloper PW Issuance of Public
shall install new Triton Filters in all on site catch Occupancy Works
basins. Permit(s)
26. Storm Water Treatment Measures Maintenance PW Issuance of Public
Agreement. Applicant/ Developer shall enter into Occupancy Works
an agreement with the City of Dublin that Permit(s)
guarantees the property owner's perpetual
maintenance obligation for all storm water treatment
measures installed as part of the project. Said
agreement is required pursuant to Provision C.3.e.ii
of RWQCB Order R2-2003-0021 for the reissuance
of the Alameda Countywide NPDES municipal
storm water permit. Said permit requires the City to
provide verification and assurance that all treatment
devices will be properly operated and maintained.
27. Accessible Walkway. Applicant shall provide an PW Issuance of Public
accessible concrete walkway from the public Occupancy Works
sidewalk on Amarillo Road to the building entrance Permit(s)
per California Building Code requirements. Said
walkway shall be 4'-minimum width with compliant
curb ramps at transitions between the walkway and
the drive aisle crossings. Please provide
appropriate notes and details on the plans. Please
refer to current City of Dublin standards for more
details.
28. Disabled Parking Stall. The existing/ proposed PW Issuance of Public
disabled access parking stalls that direct) serve the Occupancy Works
9of11
subject tenant space must be upgraded and moved Permit(s)
closer to main entrance to conform to current
ADA/Title 24 standards.
29. Vehicle Parking. Applicant shall re-stripe the entire PW Issuance of Public
parking field. All parking spaces shall be double Occupancy Works
striped using 4" white lines set approximately 2 feet Permit(s)
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. 12'-
wide concrete step-out curbs shall be constructed at
each parking space where one or both sides abuts
a landscaped area or planter. Wheel stops as
necessary shall be provided at the parking stalls.
30. Signs and Pavement Markings. The Applicant/ PW Issuance of Public
Developer shall be responsible for the following on- Occupancy Works
site traffic signs and pavement 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. R100B (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" (12" high letters) shall
be stenciled on the pavement surface within
each compact parking space.
f. "No Dumping - Drains to Bay" markers at all
storm drain inlets.
g. Any other signs and markings deemed
reasonably necessary by the City Engineer
and/or Public Works Director during final
design and/or construction.
31. Construction Hours. Construction and grading PW During Public
operations shall be limited to weekdays (Monday Construction Works
through Friday) and non-City holidays between the
hours of 7:30 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
m the prior Wednesday. Overtime inspection rates
10 of 11
will apply for all Saturday and/or holiday work.
32. Damage/Repairs. The Applicant/ Developer shall PW Issuance of Public
be responsible for the repair of any damaged Occupancy Works
pavement, curb & gutter, sidewalk, or other public Permit
street facility resulting from construction activities
associated with the development of the project.
POLI CE
33. Non Residential Security Ordinance PO On-going DMC
Requirements. The Applicant shall comply with all 7.32.310
applicable City of Dublin Non Residential Security
Ordinance requirements.
34. Lighting. The Applicant shall ensure that there is PO On-going DMC
adequate lighting to enhance the safety of visitors 7.32.310
and children within and around the facility. c
35. Door Signage. All doors shall be identified inside PO 30 days of DMC
and outside as to their respective purposes (e.g., Permit 7.32.310
"classroom A", or "Exit Only"). Placard signs or approval (a)(10)
vinyl lettering may be used.
36. Facility Diagram. A diagram of the interior of the PO 30 days of DMC
facility identifying each room shall be displayed in Permit 7.32.310
the office at all times. approval (a)(1 0
37. Business Site Emergency Response Card. The PO 30 days of Police
Applicant shall complete a "Business Site Permit
Emergency Response Card" and deliver it to Dublin approval
Police within 30 days of approval of the Conditional
Use Permit/Site Development Review.
PASSED, APPROVED AND ADOPTED this 28th day of September 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
11 of 11