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HomeMy WebLinkAbout8.1 Attch 3 Reso Appr'vg CUP 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 6533 SIERRA LANE (APN 941-0205-020-00) PLPA-2013-00016 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 50 children and 25 employees; and WHEREAS, the Project is located in the Light Industrial (M-1) Zoning District; and WHEREAS, a Day Care Center is permitted in the Light Industrial (M-1) 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 require 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 May 28, 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 are 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 light industrial business center; 2) the Project site is accessible from existing driveways on Sierra Lane; and 3) the Project site is surrounded by existing light industrial and 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) ATTACHMENT 3 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 is located within a portion of an existing light industrial business 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 Sierra Lane; 2) the Project frontage is fully improved with a sidewalk that provides 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 is located on a parcel that is developed as a light industrial business center and is accessible to vehicles and pedestrians from existing driveways on Sierra Lane; 2) a condition of approval has been placed on the Project limiting the hours of operation to between 1:00 p.m. and 6:00 p.m. Monday through Friday; and 10:00 a.m. to 9:00 p.m. on Saturday; 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 the M-1 Light Industrial Zoning District which conditionally permits the establishment of Day Care Centers; 2) the Project is located on a parcel that is developed as a light industrial business 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 designation of Business Park/Industrial; 2) the Project would be located on a parcel that is developed as a light industrial business center; and 3) a Day Care Center is consistent with the General Plan designation of Business Park/industrial. 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 March 15, 2013, and in the written statement date stamped received by the Planning Division on April 18, 2013 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 2 of 8 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 Creative Autism Solutions Team (CAST) for the operation of a Day Care Center at 6533 Sierra Lane for up to 50 children/students and 25 employees (PLPA-2013-00016). This approval shall be as generally depicted and indicated on the Project plans dated received by Dublin Planning on March 15, 2013, and written statement dated received by Dublin Planning on April 18, 2013 on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit PL On-going DMC approval becomes effective 10 days after action by 8.136 the Planning Commission unless appealed before that time in accordance with the Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from 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 1 year from DMC maker may, upon the Applicant's written request Permit 8.96.020.E for an extension of approval prior to expiration, approval 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 bV 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 3 of 8 Chapter 8.100 (Conditional Use Permit) of the Zoning Ordinance. 6. Clarifications and Changes to the Conditions. PL On-going Planning In the event that there needs to be clarification to these Conditions of Approval, the Director of Community Development has the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Director of Community Development and placed in the project file. The Director also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 7. 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. 8. Indemnification. The Applicant/Developer shall Various On-going Admin/City defend, indemnify, and hold harmless the City of Attorney Dublin and its agents, officers, and 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/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. 9. 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 4of8 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. 10. 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 11. Use. All business/activities shall be conducted PL On-going DMC entirely within the building. 8.28.020 12. 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. 13. 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. 14. Hours of Operation. The approved hours of PL On-going Planning operation shall be: Monday through Friday 1:00 p.m. to 6:00 p.m. Saturday 10:00 a.m. to 9:00 p.m. The Applicant shall allow staggered drop-off and pick-up of children/students 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 5 of 8 impact surrounding businesses. 15. Parking. A total of 35 parking spaces (10 spaces PL On-going Planning for drop-off/pick-up and 25 spaces for employees) shall remain available for use by CAST during the approved hours of operation. No company vehicles are permitted as part of this approval. 16. Business License. The Applicant shall apply for Various Occupancy Various a City of Dublin Business License prior to commencing operation of the Day Care Center. 17. 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 Plannin Division prior to installation. 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. 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. 20. 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. 21. 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. 22. 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 23. 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. 6of8 24. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans, two (2) engineered calculation Permits reports, and two (2) energy reports directly to the Building Division 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 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. Exterior signage requires separate permits. 25. 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. 26. 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. FIRE 27. Fire and Building Codes. Applicant must meet F Issuance of Fire all Building and Fire Code requirements at the Building time of building permit submittal. Permits DUBLIN SAN RAMON SERVICES DISTRICT 28. Plan Submittal. Prior to issuance of any building DSR Issuance of DSRSD permit, complete improvement plans shall be Building submitted to DSRSD that conform to the Permits requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 29. Fees. Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin San Building Ramon Services District, whichever comes first, all Permits utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules 7 of 8 established in the DSRSD Code. 30. Sewer and Waterlines. No sewer or waterline DSR Issuance of DSRSD construction shall be permitted unless the proper Building utility construction permit has been issued by Permits DSRSD. A construction permit will only be issued after all of the items in Condition No. 29 have been satisfied. 31. Hold Harmless/Indemnify. The applicant shall DSR On-going DSRSD hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 32. Recycled Water. Improvement plans shall DSR Issuance of DSRSD include recycled water improvements as required Building by DSRSD. Services for landscape irrigation shall Permits connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements within. PASSED, APPROVED AND ADOPTED this 28th day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 8 of 8