HomeMy WebLinkAbout8.1 Attch 5 PC Reso CUP/SDR
RESOLUTION 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 LOCATED AT
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, 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 two, accessory shade structures are approximately 8Y-feet tall and are
setback approximately 100-feet from the northern property line and approximately 150-feet
from the eastern property line and comply with the accessory structure requirements; and
ATTACHMENT 5
WHEREAS, existing playground equipment on the Nielson Elementary School site is
not age appropriate for the children being cared for by Kidango and therefore approval of the
installation of new playground equipment has been requested; and
WHEREAS, the new playground equipment would be set back approximately 126-feet
from the northern property line and approximately 150-feet from the eastern property line. The
playground equipment is approximately 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
December 14, 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 6pm and limiting the number of children within the play area at any
given time to 24 to minimize the potential for noise impacts on surrounding residential
uses.
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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.
BE IT FURTHER 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 height and setback requirements of Chapter 8.72
(Landscaping and Fencing Regulations) and Chapter 8.40 (Accessory Structures and
Uses Regulations) and complies with Chapter 8.104 (Site Development Review).
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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
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; 2)
the play area will be located within a portion of the playground area previously utilized
by Nielson Elementary School; and, 3) the project exceeds the minimum setback
requirements for accessory structures.
D. The subject site is physically suitable for the type and intensity of the approved
development in that: 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 placement of new play equipment would occur on existing turf and will not
be visible from the public right-of-way; and, 2) no other modifications to on-site
landscaping are proposed.
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 City of Dublin Planning Commission does hereby
find that the Project is exempt from the California Environmental Quality Act pursuant to
Sections 15301 and 15303 of the CEQA Guidelines because it entails only a minor alteration
of an existing structure with negligible expansion of the use of the existing structure, and the
installation of two small structures within the meaning of Guideline Section 15303.
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 and
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October 13, 2010, and included as Attachment 3 to the December 14, 2010 Planning
Commission Staff Report, 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; [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 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 and written statement submitted by the
Applicant and included as Attachments 3 and 4 to
the December 14, 2010 Planning Commission
Staff Report.
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.
or the Permit shall lapse and become null and approval D
void. Commencement of construction or use
means the actual construction or use pursuant to
the permit approval, or, demonstrating substantial
progress toward commencing such construction or
use. If there is a dispute as to whether the Permit
has expired, the City may hold a noticed public
hearing to determine the matter. Such a
determination may be processed concurrently with
revocation proceedings in appropriate
circumstances. If a Permit expires, a new
application must be made and processed
according to the requirements of this Ordinance.
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3. Time Extension. The original approving decision- PL Prior to DMC
maker may, upon the Applicant's written request permit 8.96.020.
for an extension of approval prior to expiration, expiration E
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 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. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
approved use and/or structures cease to operate
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
Community Development Director 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 8.96.020.1
Ordinance Section 8.96.020.1, Revocation. Any
violation of the terms and conditions of this permit
may be subject to the issuance of a citation.
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. See also Condition of Approval No.
18.
8. Clarifications and Changes to the Conditions. PL Through Standard
In 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
a royal.
9. Hold Harmless/Indemnification. The Applicant ADM Through Administr
shall defend, indemnify, and hold harmless the Completion ation/ City
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City of Dublin and its agents, officers, and Attorney
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 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 Permits
Works 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 Various Issuance of Standard
in effect at the time of building permit issuance Building
including, but not limited to, Planning fees, Permits and
Building fees, Dublin San Ramon Services District Ongoing
fees, 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 5.64
maintained in a safe, clean, and litter-free
condition at all times.
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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 graffiti 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.
15. Temporary Promotional Banners and Balloons. PL On-going DMC
Temporary Promotional Banner Signs and 8.84
Balloons 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 8.84.150
sign contained in Section 8.84.150 of the Dublin
Zoning Ordinance shall be prohibited.
PLANNING - 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 24
children shall be present within the designated
outdoor play area at any given time. Outdoor
activities shall not occur prior to 9am or after 6pm
and shall be limited to the following five (5) play
times, as indicated in the project's Written
Statement and as analyzed through the Noise
Assessment prepared for the project:
• Three, 45-minute play times between 9am
and 12noon;
• One, 30-minute play time from 2:45pm to
3:15pm; and,
• One, 45-minute play time from 5pm to
5:45pm.
Minor modifications to the outdoor play times may
be considered by the Community Development
Director as a Minor Amendment to the Conditional
Use Permit so long as the duration of outdoor play
times does not increase. An increase in outdoor
play times shall require preparation of a new Noise
Assessment and shall be considered by the same
decision-maker that ultimate) approved the
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Conditional Use Permit.
18a. Noise. Outdoor play activities shall be controlled PL On-going Planning
so as not to create unusual or unnecessary noise
that may disturb or annoy persons living or
working in the vicinity.
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. approval
A 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 Various 30 days of Various
a City of Dublin Business License within 30 days Permit
of 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 Prior to Public
Applicant/Developer shall comply with all approval of Works
applicable City of Dublin Public Works Standard Improveme
Conditions of Approval. In the event of a conflict nt Plans
between the Public Works Standard Conditions of
Approval and these Conditions, these Conditions
shall prevail.
24. Erosion Control during Construction. PW Prior to Public
Applicant/Developer shall include an Erosion and issuance of Works
Sediment Control Plan with the Grading and Grading/
Improvement plans for review and approval by the Sitework
City Engineer and/or Public Works Director. Said Permit and
plan shall be designed, implemented, and during
continually maintained pursuant to the City's construction
NPDES permit between October 1St and April 15th
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
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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/Developer PW Prior to Public
shall install new Triton Filters in all on site catch issuance of Works
basins. Occupancy
Permit(s)
26. Storm Water Treatment Measures Maintenance PW Prior to Public
Agreement. Applicant/Developer shall enter into issuance of Works
an agreement with the City of Dublin that Occupancy
guarantees the property owner's perpetual Permit(s)
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 Prior to Public
accessible concrete walkway from the public issuance of Works
sidewalk on Amarillo Road to the building entrance Occupancy
per California Building Code requirements. Said Permit(s)
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 Prior to Public
disabled access parking stalls that directly serve issuance of Works
the subject tenant space must be upgraded and Occupancy
moved closer to main entrance to conform to Permit(s)
current ADA/Title 24 standards.
29. Vehicle Parking. Applicant shall re-stripe the PW Prior to Public
entire parking field. All parking spaces shall be issuance of Works
double striped using 4" white lines set Occupancy
approximately 2 feet apart according to Figure 76- Permit(s)
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.
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30. Signs and Pavement Markings: The Applicant/ PW Prior to Public
Developer shall be responsible for the following issuance of Works
on-site traffic signs and pavement markings: Occupancy
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 Constructio Works
through Friday) and non-City holidays between the n
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 pm the prior Wednesday. Overtime
inspection rates will apply for all Saturday and/or
holiday work.
32. Damage/Repairs. The Applicant/Developer shall PW Prior to Public
be responsible for the repair of any damaged issuance of Works
pavement, curb & gutter, sidewalk, or other public Occupancy
street facility resulting from construction activities Permit
associated with the development of the project.
POLICE
33. Non Residential Security Ordinance PO On-going DMC
Requirements. The Applicant shall comply with 7.32.310
all applicable City of Dublin Non Residential
Security Ordinance requirements.
34. Lighting. The Applicant shall ensure that there is PO On-going DIVIC
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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 approval
Dublin Police within 30 days of approval of the
Conditional Use Permit/Site Development Review.
PASSED, APPROVED AND ADOPTED this 14th day of December 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
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