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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. - 1 - /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] - 2 - /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] - 3 - 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. 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