HomeMy WebLinkAboutPCReso 94-20 PA94-026 My Space to Grow CUPi
RESOLUTION NO. 94 - 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 94-026 MY SPACE TO GROW CONDITIONAL USE PERMIT REQUEST TO
ALLOW THE OPERATION OF A DAY CARE CENTER (COMMUNITY FACILITY
IN A C-2, GENERAL COMMERCIAL DISTRICT
AT 7802 DUBLIN BOULEVARD
WHEREAS, Edie O'Guinn submitted an application requesting approval of
a Conditional Use Permit for the operation of a day care center, for a
maximum of 90 children, as the primary use within an existing commercial
building located at 7802 Dublin Boulevard; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on July 5, 1994; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and the
project has been found to be Categorically Exempt from CEQA under Section
15301, Class 1(a) of the California Environmental Quality Act Guidelines;
and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of does
hereby find:
A. The operation of the day care center will serve a public need by
providing, in part, for an existing need for child care
facilities in the City of Dublin.
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as the
proposed use will be compatible with the type and nature of
operations typically found in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the health
or safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all applicable
regulations will be met.
D. The use will not be contrary to the specific intent clauses or
performance standards established for the district in which it is
to be located.
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/PA94-026 (Reso X194-020)
„T... ~
E. The project is consistent with the policies contained in the
City's General Plan.
BE IT FIIRTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 94-026, My Space to Grow Day Care Center
Conditional Use Permit application, as generally depicted by materials
labeled Exhibit A, stamped approved and on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise all Conditions of Approval shall be complied with
prior to the issuance of building permits or establishment of use, and
shall be subject to Planning Department review and approval. The followinct
codes represent those departments/agencies responsible for monitorinct
compliance of the conditions of approval. [PL1 Planning, ~B1 Buildinct,
jPO1 Police DPW] Public Works [ADM] Administration/City Attorney. fFINI
Finance [F] Dougherty Regional Fire Authority, [DSR1 Dublin San Ramon
Services District [CO1 Alameda County Department of Environmental Health.
1. This Conditional Use Permit approval for PA 94-026 is to allow the
operation of a day care center at 7802 Dublin Boulevard in a C-2,
General Commercial District. This approval shall generally conform to
the plans stamped approved, labeled Exhibit A, consisting of a Site
Plan, Floor Plan and Elevations dated received by the Planning
Department June 15, 1994. [PL]
2. The maximum number of children present at the day care facility at any
one time shall not exceed ninety (90). [PL]
3. The day care center shall operate Monday through Friday between the
hours of 6:30 a.m. and 6:30 p.m. and from 9:00 a.m. and 3:00 p.m. on
Saturdays and shall be closed on Sundays. [PL]
4. Children's sounds shall be controlled so as not to create a nuisance
to the adjoining land uses. No outside activities may take place
before 8:00 a.m. [PL, PO]
5. Prior to the establishment of this use, the operator shall submit a
copy of the State Department of Social Services License Permit for the
operation of a day care center. [PL]
6. On a continuous basis, the Applicant shall provide the City of Dublin
Planning Department with current day care operating licenses issued by
the State of California Department of Social Services. [PL]
7. The day care director shall, at the minimum of a once-a-year basis,
make arrangements to have the Dublin Police Services Child Abuse
Prevention Program, or an equivalent program approved by Dublin Police
Services, presented to the Staff and children attending the facility.
A certification of the presentation of such a program shall be
presented to the Planning Department on a yearly basis. [PL, PO]
8. The Applicant shall have a graffiti-resistant film applied to all
windows of the structure to deter damage to the windows. [PO]
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/PA94026 (Reso 3194-020)
9. The Applicant shall ensure that all windows are provided with curtains
and that children are protected from view from outside. [PO)
10. The Applicant shall submit a revised parking lot striping plan subject
to review and approval of the Planning Director and Public Works
Director showing ninety-five (95) or more parking spaces. Compact
spaces shall be 8' by 17' and full size parking spaces shall be 9' by
20'. All newly striped parking spaces shall be double-striped with fl-
inch wide stripes set approximately 2 feet apart. Handicapped,
visitor, and employee and compact parking spaces shall be
appropriately identified on the pavement and designated on the parking
plan. Note: The entire parking lot does not have to be restriped to
meet this requirement. When a parking bay has any restriping, the
entire parking bay shall be restriped. All restriping shall be
complete and according to the approved revised parking plan prior to
occupancy of the structure. [PL, PW]
11. Handicapped ramps and parking stalls shall be provided and maintained
as required by the State of California Title 24 provisions. [PL, B)
12. All landscaping adjacent to parking stalls shall maintain a minimum
one (1) foot wide raised curb or equivalent to facilitate pedestrian
access. [PL]
13. The playground shall be screened from public view by a solid wall or
fence. An eight (8) foot high solid fence is proposed by the
Applicant. The Applicant may add screening and security wire to the
fence as long as the total height does not exceed ten (10) feet. The
design of the fence shall be approved by the Planning Director prior
to issuance of a building permit. [PL]
14. The Applicant shall provide exterior lighting of the playground area
for security purposes (1.5 foot candles). The exterior security
lighting shall be placed so as not to cause glare onto adjoining
properties or businesses. The Applicant shall provide photometrics
and cut sheets subject to the review and approval of the Planning
Director. [PL, PO]
15. The Applicant shall work with the Dublin Police Services Crime
Prevention Unit to establish and maintain an effective anti-theft
security program. [PO]
16. Prior to the issuance of a building permit, the Applicant's voluntary
contribution of Traffic Improvement Funds in the amount of $3,400.00
shall be paid in full to the City. [PL, PW, FIN]
17. This use shall comply with all applicable Planning, Building,
Dougherty Regional Fire Authority, Police Department, Dublin San Ramon
Services District and State of California Department of Social
Services regulations and ordinances. Prior to issuance of a building
permit, the Applicant shall provide written confirmation to the
Planning Department that the requirements of this Conditional Use
Permit and of the Dublin Police Services, Dougherty Regional Fire
Authority and the Dublin San Ramon Services District have been, or
will be met. [PL, B, F, PO, DSR]
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JPA94-026 (Reso #94-020)
i
18. The Applicant shall be required to pay all applicable sewer and water
connection fees, as determined by the Dublin San Ramon Services
District. [DSR]
19. No future modifications to the site or exterior portion of the
residence shall be done without prior review and approval of the
Planning Director and must comply with all applicable zoning, building
code and engineering regulations including issuance of building
permits. [PL, B]
20. All signs shall be subject to the requirements of the sign regulations
and Zoning Ordinance. [PL]
21. The Applicant shall be responsible for cleanup and disposal of
project-related trash in order to maintain a clean and litter-free
site. [PL]
22. To apply for building permits, the Applicant shall submit six (6) sets
of construction plans to the Building Department for plan check. Each
set of plans shall have attached an annotated copy of these conditions
of approval. The notations shall clearly indicate how all conditions
of approval will be complied with. Construction plans will not be
accepted without the annotated conditions attached to each set of
plans. The Applicant will be responsible for obtaining the approvals
of all participating non-City agencies prior to the issuance of
building permits. [B,PL]
23. This use permit shall be valid for one (1) year, until July 5, 1995.
At the end of one year, the Zoning Investigator will review the use
for any valid zoning complaints and to determine if the conditions of
approval have been complied with on a continuous basis, with a report
to the Planning Commission in connection with traffic conditions on
this site prior to the permit being renewed. If the conditions are
continually being met and there have been no valid zoning complaints
or traffic problems, the Planning Commission may extend the use permit
indefinitely. [PL]
24. This approval shall be null and void in the event the approved use
fails to be established within one year, or ceases to operate for a
continuous one-year period. [PL]
25. At any time during the effectiveness of this approval, the approval
shall be revocable for cause in accordance with Section 8-90.3 of the
Dublin Zoning Ordinance. Any violation of the terms or conditions of
this permit shall be subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 5th day of July, 1994.
AYES: Commissioners Burnham, Downey, North and Zika
NOES: None
ABSENT: Commissioner Rafanelli
...e..
Planning Co fission Chairperson
ATTEST°
Planning Director
1PA94-026 (Reno #94-020)
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