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HomeMy WebLinkAbout8.1 Attch 1 Reso Appr'v CUP for Daycare RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DAY CARE CENTER AT 4564 DUBLIN BOULEVARD (APN 986-0035-002-00) PLPA-2012-00053 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 60 children; and WHEREAS, the Project is located in Planned Development (PD) Zoning District PA 94- 001; and WHEREAS, the Applicant proposes to operate a Heritage School facility as licensed by the California Department of Education and a Heritage School is classified by the City of Dublin as a Day Care Center; WHEREAS, a Day Care Center is permitted in the Planned Development Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; 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, the Planning Commission finds this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on January 8, 2013 at which time all interested parties had the opportunity to be heard; 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 parcel that is developed as a commercial shopping center; 2) the Project site is ATTACHMENT 1 accessible from existing driveways on Dublin Boulevard and Toyota Drive; and 3) the Project site is surrounded by existing commercial uses. 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) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2) Conditions of Approval have been applied to the Project to ensure on-going compatibility with the project's surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) all activities will occur indoors; 2) conditions of approval have been placed on the Project to ensure that the establishment and operation of the Project will be in accordance with all local codes and regulations; and 3) the Project would be located within a portion of an existing commercial shopping center. 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) vehicular access to the site is available from existing driveways on Dublin Boulevard and Toyota Drive; 2) both Project frontages are fully improved with sidewalks that provide pedestrian access to the Project; and 3) the Project will be served by existing 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 would be located on a parcel that is developed as a commercial shopping center and accessible to vehicles and pedestrians from existing driveways and sidewalks on Dublin Boulevard and Toyota Drive; 2) a condition of approval has been placed on the Project limiting the hours of operation to between 8:00 a.m. and 6:00 p.m. Monday through Friday; 3) a condition of approval has been placed on the Project requiring staggered drop-off and pick-up of children over a one hour period and 5) all required parking will be provided on the Project site. 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 is located within a Planned Development Zoning District (PA 94-001) which has underlying C-2 General Commercial regulations that conditionally permit the establishment of Day Care Centers; 2) the Project is located on a parcel that is developed as a commercial shopping center; and 3) all required parking will be provided on the Project site. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that. 1) the Project site has a General Plan and Eastern Dublin Specific Plan designation of General Commercial; 2) the Project would be located on a parcel that is developed as a commercial shopping center; and 3) a Day Care Center is consistent with the General Plan and Eastern Dublin Specific Plan designation of General Commercial. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit for the operation of a Day Care Center as shown on the project plans date stamped received by the Planning Division on September 27, 2012, and in the written 2 of 9 statement date stamped received by the Planning Division on December 12, 2012 and incorporated by reference, subject to the following conditions of approval: 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 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. NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: GENERAL 1. Approval. This Conditional Use Permit approval PL On-going Standard is for Safari Kid Learning Center for the operation of a Day Care Center at 4564 Dublin Boulevard for up to 60 children and 4 employees (PLPA-2011- 00053). This approval shall be as generally depicted and indicated on the plans prepared by Chandra Sirapu dated received by the Planning Division on September 27, 2012, and written statement dated received by the Planning Division on December 12, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit PL On-going Standard approval becomes effective 10 days after action by the Planning Commission. 3. Permit Expiration. Construction or use shall PL 1 year of DMC commence within one (1) year of this Conditional Permit 8.96.020. Use Permit approval or the Permit shall lapse and approval D become null and void. 4. Time Extension. The original approving decision- PL Permit Standard maker may, upon the Applicant's written request Expiration for an extension of approval prior to expiration, 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 six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required 3 of 9 by the particular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes to 8.100 this Conditional Use Permit approval if the modifications or changes proposed comply with Chapter 8.100 (Conditional Use Permit) of the Zoning Ordinance. 6. Revocation of Permit. The Conditional Use PL On-going 8.96.020.1 Permit approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Indemnification. The Applicant/Developer shall Various On-going In defend, indemnify, and hold harmless the City of accordanc Dublin and its agents, officers, and employees e with from any claim, action, or proceeding against the Gov. Code City of Dublin or its agents, officers, or employees Section to attack, set aside, void, or annul an approval of 66499.37 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/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 8. Fees. Applicant/Developer shall pay all applicable FIN Issuance of Standard fees in effect, including, but not limited to, Planning Building fees, Building fees, Traffic Impact Fees, TVTC Permits fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 9. Requirements and Standard Conditions. The Various Building Standard Applicant/Developer shall comply with applicable Permit City of Dublin Fire Prevention Bureau, Dublin Issuance Public Works Department, Dublin Building 4of9 Department, 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 required have been or will be met. PLANNING 10. Approval Period. This Conditional Use Permit PL 1 year of Planning approval shall be null and void in the event the Permit approved use fails to be established within one approval and year, or ceases to operate for a continuous one- On-going year period. 11. Annual Review. On an annual basis, this PL On-going Planning Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 12. Hours of Operation. The approved hours of PL On-going Planning operation shall be 8:00 a.m. to 6:00 p.m., Monday through Friday. The Applicant shall allow staggered drop-off and pick-up of children over a 1 hour time period, and shall be responsible for ensuring that the drop-off and pick-up of children is conducted in a safe, orderly manner that does not negatively impact surrounding businesses. 13. Parking. A total of 16 parking spaces (12 spaces PL On-going Planning for parent drop-off/pick-up and 4 spaces for employees) shall remain available for use by Safari Kid Learning Center during the approved hours of operation. No company vehicles are permitted as part of this approval. 14. Department of Education. The use shall be PL Occupancy Planning registered with the California Department of and On- Education as a Heritage School and comply with going all applicable requirements of the California Education Code. On an annual basis the Applicant shall provide the Planning Division with proof of continued Heritage School registration with the California Department of Education. In the event 5 of 9 the Applicant does not maintain registration as a Heritage School, a Child Care Center license from Community Care Licensing shall be obtained, and a copy of the license provided to the Planning Division. 15. 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. approval 16. Permanent Signs. All signage shall conform to PL On-going DMC Chapter 8.84 of the Dublin Zoning Ordinance at all 8.84 times. Window signs shall be limited to 25% of the window area. All temporary promotional signs and banners require a Zoning Clearance from the Planning Division prior to installation. 17. Temporary Signage. All temporary signage shall PL On-going DMC be subject to the regulations of Chapter 8.84 (Sign 8.84 Regulations) of the Dublin Zoning Ordinance. 18. Outdoor Events. Any outside events shall be PL On-going DMC subject to the Temporary Use Permit requirements 8.108 contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 19. Accessory/Temporary Structures and Uses. A PL Placement DMC Temporary Use Permit is required for all on site 8.108 construction trailers, security trailers and storage containers used during construction. 20. Property Maintenance. The Applicant/Developer PL During DMC and property owner shall be responsible for Construction 5.64 maintaining the site in a clean and litter free , Through condition during construction and through Completion completion. Per the City of Dublin Non-Residential and On- Property Maintenance Ordinance, DMC Section going 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 21. Graffiti. The Applicant, and/or Property Owner PL On-going DMC 5.68 shall keep the site clear of graffiti vandalism on a regular and continuous basis, at all times. Where feasible, graffiti resistant materials should be used. 22. Noise. The Applicant shall control all activities so PL On-going DMC as not to create unusual or unnecessary noise 5.28.020 which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. 23. Non-Residential Security Requirements. The PL On-going DMC property owner and/or their designee shall comply 7.32.300 6of9 with the City of Dublin Non-Residential Security Requirements. BUILDING 24. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 25. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for plan Permits 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 or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 26. Construction Drawings. Construction plans shall B Issuance of Building be fully dimensioned, accurately drawn (depicting Building all existing and proposed conditions on site), and Permits prepared and signed by a California licensed Architect or Engineer. All structural calculations (if required) shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. The Project shall comply with regulations for existing buildings per CBC Chapter 1134B as it relates to interior and exterior accessibility (e.g. accessible path of travel to building's main entrance, accessible parking, signage, curb ramps, etc.). Additional detailing shall be required to verify compliance. 27. Addressing. Address will be required on all doors B Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 28. Green Building Guidelines. To the extent B Through Building practical, the Applicant/Developer shall incorporate Completion Green Building Measures. Green Building plan shall be submitted to the Chief Building Official for review. FIRE 29. Existing Fire Sprinkler Systems — F Occupancy Fire Modifications. Sprinkler system shall be modified 7of9 as necessary to provide protection for all tenant improvements. a) Sprinkler Plans (deferred submittal item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets, and calculations to the Fire Department for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable NFPA 13 Standard, the CA Fire Code and the CA Building Code. b) Five Year Certification. If the existing fire sprinkler system does not have a current 5- year Certification, such will need to be obtained and all deficiencies corrected prior to project final. If it has a current 5-year Certification, copies of the last 4 quarterly reports will need to be provided to the Fire Inspector for review prior to final. 30. Monitoring Requirements for Existing Fire F Occupancy Fire Sprinkler Systems. a) Central Station Monitored Account. Automatic fire extinguishing systems within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central alarm signals shall be submitted to the Fire Department for approval. The central station monitoring service shall either be certificated or placarded as defined in NFPA Standard No. 72. 31. Fire Alarm (detection) System Required. A Fire F Occupancy Fire Alarm-Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NPFA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to 8of9 activate an alarm if activated and to monitor control valves. a) Fire Alarm Plans (deferred submittal item). Submit detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations to the Fire Department for review and permit prior to the installation. Where employee work areas have audible alarm coverage, circuits shall be initially designed with a minimum 20% spare capacity for adding appliances to accommodate hearing impaired employees. b) Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central alarm signals shall be approved by the Fire Department. P PASSED, APPROVED AND ADOPTED this 22nd day of January 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 9 of 9