HomeMy WebLinkAboutPC Reso 13-01 Safari Kid Learning Center CUP RESOLUTION NO. 13-01
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 22, 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
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 Bouleva rd 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.
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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
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
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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
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 •roceedinis.
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.
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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
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
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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
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
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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
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.
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FIRE
29. Existing Fire Sprinkler Systems — F Occupancy Fire
Modifications. Sprinkler system shall be modified
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
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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
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.
PASSED, APPROVED AND ADOPTED this 22nd day of January 2013 by the following vote:
AYES: O'Keefe, Bhuthimethee, Goel, Do, Kohli
NOES:
ABSENT:
ABSTAIN:
ing Commission Chair
ATTEST:
Assists t unity Development Director
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4564 Dublin Blvd .
2,108± SF
Classroom 1 Classroom 2
Computer Lab ------- 7'8"x 7'11"
6'5"x 17'9"
Kitchen
Classroom 5
7'3"x 10'8"
Classroom 3
Restrooms \ / 14'4"x 23'11"
Classroom 4
Main Hall
30'1"x 30'3"
RECEIVED
SEP 2 7 2012
DUBLIN PLANNING
ATTACHMENT 2