HomeMy WebLinkAbout02-037 Kaleidoscope 01-27-2004 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: January 27, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PUBLIC HEARING: PA 02-037 Easter Seals Tri-Valley Campus, Kaleidoscope
Center Conditional Use Permit and Site Development Review
Report Prepared by: Marnie R. Waffle, Assistant Planner
1. Project Plans dated received December 3, 2003.
2. Applicant's Written Statement dated received December 4, 2003.
3. TJKM Transportation Consultants parking study dated September 26,
2003 as amended October 6, 2003.
4. Purchase and Sale Agreement dated received June 8, 1993.
5. Dublin Unified School District letter dated received December 19, 2003.
6. Resolution adopting a Negative Declaration for PA 02-037 Easter Seals
Tri-Valley Campus (Kaleidoscope Center) Conditional Use Permit and
Site Development Review for the expansion and remodel of an existing
day care center (with Negative Declaration and Initial Study attached as
Exhibit A).
7. Resolution approving Conditional Use Permit for PA 02-037 Easter Seals
Tri-Valley Campus (Kaleidoscope Center) to increase the number of
children at the day care center; reduce the parking requirement for the day
care center use; and, allow for a portion of the required parking to be
provided off-site.
8. Resolution approving Site Development Review for PA 02-037 Easter
Seals Tri-Valley Campus (Kaleidoscope Center) remodeling of an existing
day care center.
2.
3.
4.
5.
Open the Public Hearing and receive Staff's presentation;
Take testimony from the Applicant and the public;
Question Staff, Applicant and the public;
Close Public Hearing and deliberate;
Approve Resolution adopting a Negative Declaration for PA 02-037
Easter Seals Tri-Valley Campus (Kaleidoscope Center) Conditional Use
Permit and Site Development Review for the expansion and remodel of an
existing day care center (with Negative Declaration and Initial Study
attached as Exhibit A);
Adopt Resolution approving a Conditional Use Permit for PA 02-037
Easter Seals Tri-Valley Campus (Kaleidoscope Center) to increase the
number of children at the day care center; reduce the parking requirement
for the day care center use; and, allow for a portion of the required parking
to be provided off-site; and,
Adopt Resolution approving a Site Development Review for PA 02-037
Easter Seals Tri-Valley Campus (Kaleidoscope Center) remodeling of an
existing day care center.
COPIES TO:
Michael Pelfini, Applicant
Richard Sampson, Project Manager
Ted Fairfield, Project Consultant
Beverly Heironimus, Dublin Unified School District
ITEMNO. I
PROJECT DESCRIPTION:
The Applicant, Michael Pelfini, President & CEO of Easter Seals Bay Area, is requesting approval of a
Conditional Use Permit and Site Development Review for the expansion and remodel of the Easter Seals Tri-
Valley Campus, also known as the Kaleidoscope Center, at 7425 Larkdale Avenue in Dublin. The Conditional Use
Permit request is three-fold: 1) to increase the number of children at the day care center from a maximum of 60
children to a maximum of 72 children, 2) reduce the number of required parking spaces from 28 spaces to 22
spaces; and, 3) allow for a portion of the required parking, 7 parking spaces, to be provided off-site. The Site
Development Review request is to redevelop the site with new landscaping, playground areas, and perimeter
fencing; the construction of 4 on-site parking spaces and 5 on-site loading/unloading spaces; and, the placement of
two new modular buildings of 1,440 square feet and 3,360 square feet (Attachment 1).
BACKGROUND:
The Kaleidoscope Center day care center was established in 1983 by way of Conditional Use Permit (CUP) for a
maximum of 50 children within an existing 2,600 square foot building. The 1983 CUP expired 2 years from the
date of approval, in 1985, at which time the Kaleidoscope Center applied for a renewal of their CUP. The renewal
was granted and subsequently expired in 1990.
In 1990, the Kaleidoscope Center was granted a new Conditional Use Permit to increase the number of children at
the day care center from 50 to a maximum of 60; Site Development Review approval was also granted for the
addition of a 1,440 square foot modular classroom building. The existing 2,600 square foot building remained on-
site. An expiration date was not applied to this CUP approval and it remains in effect today.
The Kaleidoscope Center and the Dublin Unified School District entered into a purchase and sale agreement in
1993 in which the School District divided their property into 2 parcels, selling one to the Kaleidoscope Center.
Due to the location of the new property line, the Kaleidoscope Center's parking was now located off-site from their
day care center use. As a result the Zoning Administrator granted a request for a Variance to allow the
Kaleidoscope Center's 6 required parking spaces to be provided off-site on the adjacent Dublin Unified School
District property. The Variance approval is valid for the term of ownership of the property by Easter Seals or a
subsequent day care center use and also remains in effect today.
In 2001, the 2,600 square foot classroom building was condemned and demolished and a Temporary Use Permit
was granted to the Kaleidoscope Center for the establishment of a temporary modular trailer to serve as a
classroom until such time as the site could be redeveloped and new buildings constructed. In 2002, the
Kaleidoscope Center applied for a Conditional Use Permit and Site Development Review to expand their use,
redevelop the site and construct new buildings.
ANALYSIS:
CONDITIONAL USE PERMIT
According to the Dublin Zoning Ordinance, a day care center with 15 or more children requires approval of a
Conditional Use Permit in the R-I Single Family Residential zoning district. The Kaleidoscope Center has an
existing Conditional Use Permit for a maximum of 60 children and is requesting to increase the number of children
to 72. Intensifying the day care center use requires that the Kaleidoscope Center apply for a new Conditional Use
Permit. The Applicant is not proposing to modify the hours of operation which are currently Monday thru Friday
7:30 a.m. to 6:00 p.m. (Attachment 2). Also part of the Kaleidoscope Center's application, is a request for a
reduction in required parking and a request to allow a portion of the required parking to be provided off-site; both
require approval of a Conditional Use Permit.
Reduction in Parking
The Dublin Zoning Ordinance allows for reductions in required parking with the approval of a Conditional Use
Permit. Currently, under the Zoning Ordinance, a day care center is required to provide one parking space for each
2
employee, one parking space for each company vehicle, and one loading/unloading space for every 5 children at
the day care center. The Kaleidoscope Center is proposing to have 12 employees (12 parking spaces), 2 company
vans (2 parking spaces), and 72 children (14 loading/unloading spaces) resulting in a total parking requirement of
28 parking spaces.
The Kaleidoscope Center is requesting a reduction in the required parking spaces from 28 to 22 in accordance with
the findings of the parking study conducted by TJKM Transportation Consultants dated September 26, 2003 as
amended on October 6, 2003 (Attachment 3). The Applicant proposes to provide 1 parking space for each
employee (12 parking spaces), I parking space for each company van (2 parking spaces), and 1 loading/unloading
space for every 9 children (8 loading/unloading spaces) for a total of 22 parking spaces. The process for reviewing
and approving requests for a reduction in required parking is by way of Conditional Use Permit by the Zoning
Administrator. The Zoning Administrator is deferring to the Planning Commission to make the findings for the
parking reduction because of the other actions being requested by the Applicant that require Planning Commission
approval.
Off-Site Parking
The Kaleidoscope Center was previously granted a Variance in 1993 by the Planning Commission to allow for 6
required parking spaces to be provided off-site. At the time of the Variance approval the Dublin Zoning Ordinance
did not have a parking requirement for day care center use types so the closest comparable use type, a professional
office, was used and a parking requirement of 6 parking spaces resulted. These six spaces are provided on the
adjacent Dublin Unified School District property. While the City only required 6 parking spaces, the School
District granted the Kaleidoscope Center a parking easement for 10 parking stalls on their property (Attachment 4).
The proposed project to remodel the Kaleidoscope Center includes the construction of 4 new parking spaces and 5
loading/unloading spaces on the Kaleidoscope Center property. Combined with the previously approved 6 off-site
parking spaces, the Kaleidoscope center would be providing 10 parking spaces and 5 loading/unloading spaces; an
additional 4 parking spaces and 3 loading/unloading spaces have been secured from the Dublin Unified School
District in order to meet the minimum parking requirement established by the parking study (Attachment 5). The
School District's support in allowing the Kaleidoscope Center to utilize parking on their property has enabled the
Applicant to meet the 22 required parking spaces. Staff is recommending a condition of approval to require a
parking agreement to be finalized prior to occupancy of the buildings in order to ensure that adequate parking will
be provided to serve the use.
SITE DEVELOPMENT REVIEW
The Kaleidoscope Center originally occupied a 2,600 square foot building on the Dublin Unified School District
property for the operation of their day care center for developmentally disabled youths. In 1990, the Kaleidoscope
Center added a 1,440 square foot modular building to the site to provide additional classroom space for the day
care center. Following the division of the property in 1993 and the Kaleidoscope Center's acquisition of a portion
of the property, the original 2,600 square foot building deteriorated to an uninhabitable condition. In 2001, the
building was demolished and a temporary modular building was brought in to replace the lost classroom space.
The proposed remodel project is to redevelop the site with new landscaping, playground areas, and perimeter
fencing; the construction of 4 on-site parking spaces and 5 on-site loading/unloading spaces; and, the placement of
two new modular buildings of 1,440 square feet and 3,360 square feet (Attachment 1).
Architecture
The Applicant is proposing two modular buildings, Building A at 1,400 square feet and Building B at 3,360 square
feet, custom built by a modular manufacturer for the site. The exterior walls of both buildings would be either
stucco or wood siding. Building A would be painted "Chula Vista" (a bright baby blue) with "Graphite Shadow"
(gray) wainscoting at the base of the building; the roof shingles would be blue/gray in color. Building B would be
painted "Buttercrunch" (beige) with "Graphite Shadow" (gray) wainscoting at the base of the building; the roof
shingles would be brown, tan, and gray. The roofs have a slight pitch that gradually slopes downward from the
3
front of the Buildings to the rear accentuating an angled roof line and providing architectural interest to the
building. The buildings face inward on the site with the rears of the buildings oriented towards the public right-of-
way. Windows along the rears of the buildings are situated just above the wainscoting equally spaced along the full
length of the building; on the interior elevations there are also a row of windows situated just above the
wainscoting as well as an additional row of windows placed just below the roof line. A model of the project,
schematic sketch, and colored elevations will be provided at the Planning Commission meeting as visual aids.
Landscaping& Fencing
The proposed project includes new landscaping throughout the site to provide visual relief, aesthetic
enhancements, and noise buffers between the site and the adjacent residential community. A combination of turf,
iow dense shrubbery, and trees surround the site.
The northern property line is adjacent to an existing public pathway that leads from Bristol Road to Kolb Park.
This area is heavily landscaped with Iow dense shrubs (Xylosma and Photinia) and taller trees (Purple Leaf Plum).
The eastern property line is a shared property line with the rear yards of the adjacent single family homes on
Bristol Road. This area is also heavily landscaped with Iow dense shrubs (Xylosma and Photinia) and taller trees
(Evergreen Pear) and serves as a noise buffer between the day care center and the residences. The south side of the
property faces Larkdale Avenue and has a landscaped garden area at the southeast corner; future plans include
locating a swing set in this area. The west side of the property (facing the Dublin Unified School District property)
serves as the main entrance and includes a landscaped entry plaza. The plaza includes decorative brick pavers with
a tree planted in the center. The area is surrounded with a cedar trellis which extends along the interior elevations
of both buildings. At the center of the site is a full size basketball court; play equipment will be located on the
northern portion of the site for the younger children at the day care center. The site will be completely enclosed
with a wrought iron fence with controlled points of entry for added security.
A trash enclosure will be situated at the northwest end of the property. The enclosure will be painted to match
Building A and will be finished with the same materials (either stucco or wood siding in "Chula Vista").
The four new parking stalls being constructed at the south end of the site will be visually buffered from Larkdale
Avenue with Iow shrubbery (Xylosma) and 2 new trees (Evergreen Pear).
ENVIRONMENTAL REVIEW:
A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. The 20-day public review
period began December 6, 2003 and ended December 26, 2003. A Negative Declaration was prepared because the
project will not have a significant effect on the environment.
RECOMMENDATION:
Staff recommends that the Planning Commission, open the Public Hearing and receive Staff's presentation; take
testimony from the Applicant and the Public; question Staff, Applicant and the Public; close the Public Hearing
and deliberate; and,
1. Adopt the Resolution adopting a Negative Declaration for PA 02-037 Easter Seals Tri-Valley Campus
(Kaleidoscope Center) Conditional Use Permit and Site Development Review for the expansion and
remodel of an existing day care center;
2. Adopt the Resolution approving a Conditional Use Permit for PA 02-037 Easter Seals Tri-Valley Campus
(Kaleidoscope Center) to increase the number of children at the day care center; reduce the parking
requirement for the day care center use; and, allow for a portion of the required parking to be provided off-
site; and,
3. Adopt the Resolution approving a Site Development Review for PA 02-037 Easter Seals Tri-Valley
Campus (Kaleidoscope Center) remodeling of an existing day care center.
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSORS PARCEL
NUMBER:
EXISTING ZONING:
GENERAL PLAN
DESIGNATION:
Michael Pelfini, President & CEO
Easter Seals Bay Area
180 Grand Avenue, Suite 300
Oakland, CA 94612
Same as above
7425 Larkdale Avenue, Dublin
941-0181-030-01
R-1 Single Family Residential
Single Family Residential
I
CONCEPTUAL GRADING ~ UTLITY PLAN
EASTER SEALS PROPERTY
Ass~lates
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~UBUN PLANNING
Easter Seals Kaleidoscope Project - Application for Conditional Use Permit and Site Review
1. Written Statement (1 copy) describes the requested use in detail and gives reasons why the
application should be approved. Provide factual information supporting the following:
a. What type of business, activity or use are you proposing?
The new Easter Seals Kaleidoscope facility will provide daycare for children with
special needs, including teens and young adults. The younger children ages 5 - 12 will
be accommodated in one building of 1,440 sq. ft. The teens and young adults will use a
separate building of 3,360 sq. ft. These new buildings will accommodate up to a
maximum of 72 children- an increase of 12. (The existing Conditional Use Permit
allows Easter Seals to care for up to 60 children in the existing facilities).
The new buildings will replace outdated facilities and provide increased safety and
space to serve the growing number of children with special needs in the Tri-Valley
area.
b. How many employees will you have or propose to have?
The program will be staffed with up lo 12 professionals and volunteers providing care
and support to the children and administration of the program.
c. What are the proposed hours and days of operation?
The hours of operation will be 7:30 am to 6pm, Monday- Friday.
The new buildings will enable Easter Seals to provide care to more children within
these hours and to provide a greater diversity of programs.
d. Will your business, activity or use target a specific segment of the community?
Easter Seals provides after-school programs for children with disabilities and gives
caregivers a much-needed respite from the 24-hour, seven days a week demands of
caring for an individual with specials needs.
In addition to maintaining the existing programs, the new facilities will enable Easter
Seals to support more children and young adults who need to gain social skills in
community settings.
e. In what ways will your business, activity or use benefit the community?
Easter Seals Kaleidoscope is the only program of its kind in the Tri-Valley that
benefits children with special needs and supports their families. The most recent US
census indicates there may be as many as 1 child in every 12 with special needs).
Are there any ways in which your business, activity or use may disrupt the peace
of the surrounding residents or businesses?
Easter Seals constantly strives to be sensitive to neighbor concerns and has recognized
throughout its more than 23-year presence on Larkdale Ave., that it is privileged to be
located in such a safe and friendly neighborhood.
Dec 2, 2003 1 ATTACHMENT Z,
Easter Seals has already met with adjacent neighbors and those across the street to
discuss the project and listen to and addressed their concerns. All the neighbors that
were contacted are supportive. Also, Easter Seals has found a better location for the
garbage receptacle, which had been a concern of the Plummer family who live on
Bristol Road. Mr. Plummer has shown a keen interest in all aspects of the project and
Easter Seals is listening closely to his comments.
In addition Easter Seals has invited the neighbors to discuss the project on two
occasions thus far - a July 10 open house barbeque that was attended by more than 200
neighbors and other interested parties and an August 26 meeting for neighbors.
Are there any ways in which your business, activity or use have a negative effect
on the health or safety of persons residing or working in the vicinity, or be
detrimental to the public health, safety or general welfare.
There is no known impact on the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety or general welfare.
Will your business, activity or use create any negative impacts on property,
transportation systems or existing improvements in the neighborhood?
There is no known impact on property, transportation systems or existing
improvements in the neighborhood.
Describe how the design of the project including site layout, structures, vehicular access,
circulation and parking etc will provide a desirable environment for the future
development.
There will be two buildings on the site for the different age groups receiving day care. The
larger building for teens and young adults will be placed alongside the access road that adjoins
Larkdale Avenue. The smaller building, for younger children, will be placed along West Access
Road. The entrance to the site will be from the West Access Road near the current bus/van drop
off area. Behind the buildings there will be a play area, outdoor eating, and a memorial garden.
The play area will be separated from the neighbors along Bristol Road by a 6' high wall.
The two new buildings will replace the two existing buildings on site. The new site layout will
enable Easter Seals to have a main point of entry between the two buildings for better security
and control. The placement of the buildings will blend with the front and side yard setbacks of
the neighbors.
Easter Seals currently has a parking easement right for 10 designated parking spaces that are
located on property owned by the Dublin Unified School District (DUSD). Easter Seals
currently has a City of Dublin variance that requires six parking spaces for the operation of the
existing daycare facility.
In m~ticipation of the need for more parking and loading, Easter Seals has met jointly with
DUSD and the City of Dublin to discuss the addition of three loading spaces on DUSD property
and the addition of four parking spaces and five loading spaces on Easter Seals property. A
letter from DUSD will confirm the School District's concurrence with this proposal. It is
understood from correspondence with the City of Dublin that this increased parking and loading
will satisfy the City of Dublin's requirements for the daily drop-off and loading of up to 72
children as well as parking for 12 staff vehicles and two vans.
Dec 2, 2003 2
jo
Is the site physically suitable for the type and intensity of development proposed?
The site is suitable for this proposal. The use remains the same - daycare for children with
special needs - as it has been for the past 20 years.
The site also allows the new buildings to be built barrier free without ramps up to the doorways
making it possible to improve entry and egress from the buildings. This site design retains and
enhances the existing outdoor space used for play and other activities. The proposed site design
will eliminate the existing 16 ft. high firewall on the eastern property line thereby enhancing the
view and increasing sunlight for several of the neighbors along Bristol Road.
k. Describe how the proposed development may impact views.
me
The new buildings will be set lower to the ground than the existing buildings and will not
require ramps up to the doorways. The lower buildings will help to reduce any potential impacts
on views.
Describe the physical characteristics of the site including existing slopes and topographic
features.
The site is a relatively flat. More than 50% of the existing site is surfaced with AC paving.
Describe the architectural design/theme of the development including character, scale and
quality of the design, and explain how the project will relate to and be compatible with the
existing site and the character of adjacent buildings, neighborhoods and uses.
The proposed buildings will be custom built by a modular manufacturer to match the style and
appearance of the existing neighborhood in scale and quality. The exterior walls will be either
stucco or wood siding and the roof will be sloped with asphalt shingles to match the
neighboring houses. Overall, the project will have a residential scale and character.
The new buildings will visually enhance the neighbors' views of the site.
Describe how the landscape features have been designed so as to insure visual relief and
an attractive environment for the public.
There will be new' trees and plantings at the front entry and side yard and prominent existing
trees will remain. A wood trellis canopy with planting will be built along the edges of the
buildings facing the outdoor play areas. The wood trellis canopy will also articulate a new
memorial entry.
The new landscaping will visually enhance the site and the relocation of the buildings will
improve the staff's visual control of play activities from the new buildings.
Is the proposed project located on a hazardous waste and substances site (pursuant to
Government Code Section 65962.5)? (A list is of these sites is available in the Department
of Community Development.
No.
2,2003
Dec 3
Transportation
Consultants
October 6, 2003
Mr. Ray Kuzbari, P.E.
Senior Transportation Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Kuzbari:
TJKM completed an updated study at Easter Seals Kaleidoscope on Larkdale Drive in Dublin on
Wednesday, October 1, 2003 between 4:30 p.m. and 6:00 p.m. A total of eight employees/volunteers were
in attendance and 36 children were signed in on this day. Kaleidoscope had not yet moved but Friday,
October 3 will be their last day in the Larkdale facility.
The prior survey tabulated the total number of vehicles during 30-minute intervals. This updated survey
records the accumulation of parked vehicles picking up students in five-minute intervals. This
methodology provides a more accurate picture of instantaneous accumulation of parked vehicles.
The maximum accumulation at the Kaleidoscope facility occurred at 5:20 p.m. and again at 5:30 p.m.
During each of these five-minute intervals, two passenger vehicles and two vans stopped to pick up
students for a total of four vehicles. Three passenger vehicles (no vans) parked to pick up students during
the 5:45 p.m. - 5:50 p.m. interval.
During the same time period we made spot checks of vehicles parked in the lot for the School District and
the Senior Center. A total of 76 stalls are available for these uses. It appeared that there was a special
function at the Senior Center.
At 4:30 p.m., 46 stalls were occupied (27 School District and 19 Senior Center). During the 4:55 p.m.
intcr,,'al 35 stalls were occupied (17 School District and 18 Senior Center). At 6:30 p.m. 27 stalls (9
School District and 18 Senior Center) were occupied.
During our meeting at City Hall on September 30, Kaleidoscope representatives agreed that the maximum
number of children that would be on site at the future facility would be 60 children. The extrapolated
future demand for storage is 60/36 x 4 or seven stalls. If Kaleidoscope has 12 employees/volunteers and
two of their own vans then the total parking requirement is 21 stalls (7+ 12+2).
Thank you for the opportunity to provide this analysis.
Sincerely,
Dan Harrison
Assistant Transportation Planner
5960 [nglewood Drive, Suite 100 Pleasanton, CA 94588-8535
925-463-0611 phone 925-463-3690 fax www.tikm.com
PLEASANTON
SANTA ROSA
ATTACHMENT
Kaleidoscope Easter Seals
Parking Occupancy for Wednesday, October 1,2003
Kaleidoscope Dropoff/Pickup I Kaleidoscope Total ~ ITotal School Dist &
TimeAuto I Van i BusI Staff Ka e doscope School Dist. Senior L, enter Sr. Center
4:30 0 ~0 0 _ 6 ...... 6_ 27 ..... _1_9~ .... 46
4:35 0 0 0 6 _ __ 6 _ _ _ 0
4:40 0 0 0 6 6_ ............... 0
0 0 6 6 0
4:45 0 __ -
0 0 6 6 0
4:50 _ 0
4:55 0 0 0 _6 _ _~6 ...... 1_7 ....... 1~8 ....... 35___
5:00 1 2 0 8 11 ....................
5:05 1 2 0 8 __ _1_1 ........................ ~0_
5:1o ~ 1 ..... Z ..... ~9 ....... o
0 7 9 0
5:15 1 1
5:20 2 2 0 7 11 0
2 0 7 9 13 19 32
_5:25 ___ o
5:3_0 _ .2 ......... 2 ..... ~0 ...... 7~ ..... ~11 0
0 0 6 6 0
5:35 0
5:40 0 0 0 _.~6_ _ 6 .......... _0
5:45 3 0 0 6_ . 9 ..... 0
0 0 6 8 0
5 50 2
5:55 2 0 0 6 8 0
6:00 0 0 _ 0 ....... 6 ~6 ........ 9 .... !~8__ ......... --27
6:05 0 1 0 6 7 ............ O_
6:10 0 1 0 5 6 ..................... _0.
_6:15 ..... _o ~1 .... ~o .... 3 __ 4 ....... o
6:20 0 _0 ...... 0 3 _ _ 3 ............. 0 ___
_6:25 , . (~ .... 0 0 _ 1 __ 1 .................. 0
6:30 0 0 0 1 I 9 18 27
Parking lot has 86 stalls
On-street parking has an estimated 80 stalls
Transportation
Consultants
September 26, 2003
Mr. Ray Kuzbari, P.E.
Senior Transportation Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Kuzbari:
TJKM is pleased to provide this parking study for the proposed expansion of the Kaleidoscope Easter Seals
Daycare Facility located at 7425 Larkdale Avenue in Dublin. The new facility will accommodate up to 78
children and will be staffed with up to 12 employees and volunteers. The hours of operation for the
Kaleidoscope facility are from 2:00 PM - 6:00 PM during the school year (late August through early June)
and from 8:30 AM - 6:00 PM during the summer (early June through late August). Observations for this
study were performed on the property, containing the existing Kaleidoscope facility, the Dublin School
District offices and the Dublin Senior Center.
Site Description
The Kaleidoscope Easter Seals Daycare Facility is located on the north side of Larkdale Avenue between
Bristol Road and Aldea Street in the City of Dublin. The Dublin School District Offices and the Dublin
Senior Center are adjacent to the Kaleidoscope facility. The south side of Larkdale consists of single family
homes. There is unrestricted parking on both sides of the street. However, one fire hydrant and a bus stop
are located on the north side of Larkdale. Off-street parking is accessed via a one-way (westbound)
driveway off of Larkdate.
Informal Observations
Informal observations were taken during the summer school operations between 4:00 PM and 6:00 PM on
Friday, August 22, 2003. A maximum of 12 of the 86 off-street stalls were occupied at any time. There
were no cars parked at the curb on the north side of Larkdale.
Parents began picking up children at 5:00 PM. No parking problems or queuing was observed. Even
though traffic was very light, some vehicles parked at a red curb on the property while picking up their
children. A standard size van occupied the pick-up space in front of the main entrance to the Kaleidoscope
area.
Formal Observations
Formal observations were taken on Wednesday, September 3, 2003 and Thursday, September 4, 2003. The
results are described on the pages that follow.
Traffic Flow
Overall, traff~c, including vehicles related to Kaleidoscope, was very light on both days. Small school buses
and vans delivered most of the children to the facility beginning around 2:00 PM. During the 5:00PM -
5:30 PM observations, vans picked up many of the children at Kaleidoscope. Private vehicles dropping off
5960 Inglewood Drive. Suite 100 Pleasanton, CA 94588-8535
925-463-0611 phone 925-463-3690 fax www.tikm.com
PLEASANTON
SANTA ROSA
Mr. Ray Kuzbari September 26, 2003 2
and picking up children experienced no problems finding parking in the vicinity of the Kaleidoscope
facility.
Parking Inventory
Parking in the immediate vicinity of the Kaleidoscope Easter Seals facility consists of 86 off-street parking
stalls. There is also an unpainted curb with no parking restrictions or parking tees on the left side of the
one-way driveway in which approximately six cars could park. The driveway is 24 feet wide so parked
autos would not interfere with vans and buses.
There are approximately 80 on-street stalls on Larkdale between Bristol Road and Aldea Street. TJKM
measured each side of the street and estimated the capacity using 20-feet per stall. However, on-street
parking is not a consideration for parking supply on this project.
Ten stalls have been designated for the use of Kaleidoscope, as described in a July 31, 2003 letter from
Easter Seals. According to City staff, the School District previously granted Kaleidoscope permission to
use the ten parking stalls. The ten stalls are also indicated on a conceptual site layout by K2A Architects
entitled Proposed Modular Building Project. There is no signage in the field indicating whether these
parking stalls are intended or reserved for Kaleidoscope, the School District office or the Senior Center.
Details of the existing parking inventory, are indicated in Table I. Some areas of the off-street lot appear to
have been resurfaced so that only 12 - 18 inches of striping is still visible for each stall.
Table I - Parking Inventory
Off-Street
Kaleidoscope: 10
Dublin School District: 53 Regular
2 Handicapped
4 Visitor
3 20-minute time limit
Senior Center 8 In front of Sr. Center Bldg.
6 On Southwest comer of Sr. Center Bldg.
Total Off-Street 86
On-Street (between Bristol Road and Aldea Street) Larkdale (north side) t 50
.................................. ............................................................... i ....
TOTAL AVAILABLE STALLS [ 166
Occupancy
Occupancy surveys were conducted in half-hour increments from 1:00 PM until 7:00 PM on Wednesday,
September 3, 2003 and Thursday, September 4, 2003. TJKM tried to determine which of the three
facilities parkers were going to. According to Easter. Seals Kaleidoscope staff, there were seven staff
members working on Wednesday and seven on Thursday. One staff member walks to the facility. A total
of eight vehicles (six staff and two Kaleidoscope vans) were parked in the off-street lot on these two days.
The vans are standard size vans owned by Easter Seals Kaleidoscope. There were 34 children in attendance
on Wednesday and 37 on Thursday, according to the Kaleidoscope staff. The maximum number of vehicles
related to the Dublin School District offices was 31 on Wednesday and 34 on Thursday. The maximum
number of vehicles for the Senior Center was 24 on Wednesday and 15 on Thursday. Visitors to the Senior
Center parked in the parking lot closest to Larkdale, along a curb in the off-street parking lot in front of the
Center and in a six-stall off-street lot behind the Center just off of Larkdate.
Wednesday's peak parking period occurred at 4:00 PM with a total of 65 vehicles (on- and off-street). The
Senior Center parking began to increase at 3:30 PM and peaked at 4:30 PM with 24 vehicles. The peak
Mr. Ray Kuzbari September 26, 2003 3
hour for picking up and dropping off children at Kaleidoscope occurred at 5:00 PM with six vehicles (three
autos and three vans). Vans and buses did not park in parking stalls, they parked at the curb in front of the
Kaleidoscope facility while loading and unloading. A queue of three vehicles occurred in the drop-
off/pickup area at 5:00 PM and lasted from 5 to 10 minutes. It was not due to traffic congestion but due to
parents leaving their vehicles and talking to other parents. No other queues were observed during the study
time on Wednesday.
On Thursday the peak parking periods occurred at 1:30, 2:00 and 3:00 PM with a total of 68 vehicles (on-
and off-street) at each interval. The early peak hour for parking was due to activities at the Senior Center
which had begun before 1:00 PM. The Senior Center parking was cleared by 4:30 PM. The peak hour for
Kaleidoscope traffic occurred at 5:00 PM with ten vehicles (seven autos and three vans). No queues
occurred during the study time on Thursday.
It should be noted, however, that most of the children attending the Kaleidoscope Daycare facility were
transported to and from the facility via bus or van. These vehicles park at the curb in front of the daycare
facility, not in regular stalls. On the two days of our observations, a total of 44 buses/vans and 24 private
autos either dropped children off at the Kaleidoscope facility or picked them up. Therefore, 65 percent of
these trips were made by buses or vans. Since these buses or vans carried at least two children at a time,
this form of ridesharing reduces the amount of stalls needed for autos with only one child.
The on-street parking consisted of vehicles belonging to residences or visitors to the residences. A
maximum of 10 vehicles were parked on the street on Wednesday and a maximum of 13 vehicles were
parked on the street on Thursday.
Conclusions
The maximum number of vehicles occupying the 86 available off-street parking spaces at any one period
during the observations was 68. Thus, only 40 percent of the total available parking was occupied.
Kaleidoscope enrollment is projected to increase to 78 children. The staff is projected to increase to 12
people. For daycare facilities serving more that 15 children, the Dublin Municipal Code (Chapter 8.76)
requires one stall per employee, one stall per company vehicle and one loading space per every five
children. According to code, a total of 30 stalls, or 20 additional stalls, would be required for the
Kaleidoscope facility.
Currently, the highest demand for the 37 children enrolled at Kaleidoscope is seven stalls. Increasing
Kaleidoscope's enrollment to 78 children would require eight additional stalls for a total of 15 stalls. The
two vans owned by Kaleidoscope require two stalls. The increase in staff to 12 would bring the total
Kaleidoscope parking demand to 29 stalls (15 loading spaces, 2 spaces for company-owned vans, and 12
spaces for staff).
Ample parking is available to support the future expansion of Kaleidoscope Easter Seals, the Dublin School
District, and the Dublin Senior Center, provided that the School District grants Kaleidoscope permission to
use 19 additional parking stalls to satisfy projected parking demand.
Thank you for the opportunity to provide this analysis.
Sincerely,
Dan Harrison
Assistant Transportation Planner
t-
O
~UR~RASE AND SA!~ AGREEKENT
This agreement is made on June 17., 1992, between DUBLIN
UNIFIED SCHOOL DISTRICT OF ALAMEDA, STATE OF CALIFORNIA, a
public corporation, formerly known as MURRAY SCHOOL DISTRICT
OP ALAMEDA, STATE OF CALIFORNIA, a public corporation
("Seller") and KALEIDOSCOPE ACTIVITY CENTER, a non-profit
corporation ("Buyer") .
Warranty of Corporate Authority
Seller warrants that it is a public corporation organized
and existing under the laws of the State of California. Buyer
warrants that it is a non-profit corporation, .duly organized
under the laws of the State of California.
Aqreement To Sell and To Purchase; DescriDtion of Proper~Y
Seller agrees to sell and Buyer agrees to purchase the
property located at 7425 Larkdale Avenue, in the city of
Dublin, County of Alameda, State of California, more
particularly described as follows:
"That Dortion of Parcel "C", Parcel Map 5133,
filed April 17, 1987, Map Book 168 of Parcel
Maps, Pages 37 and 38, Alameda County Records,
which is currently occupied by the Buyer, which
lies easterly of the existing driveway adjacent
to the west, southerly of the existing parking
area adjacent to the north, northerly of the
existing driveway adjacent to the south, and
westerly of the easterly line of such Parcel
IlC, I!
RECEIVED
JUN 0 g 1993
ATTACHMENT
DUBLIN PLAN NINT~ '
Together with an easement over such driveways and the
right to park vehicles in such parking lot.
An engineer and/or licensed land surveyor shall be
retained, at the shared expense of the Seller and Buyer, to
draft a legal description of such property prior to close of
escrow or prior to such time that a le~a! description becomes
necessary, whichever occurs first.
PI/RfZqASE PRICE and
The purchase price for the property is $165,000.00,
payable, as follows:
a) The amount of $40,000.00 by check, upon approval by
the relevant governmental agency authorizing the sale
of the property to Buyer, payable to an escrow holder
of Buyer's choice, as a deposit to be applied to the
price at close of escrow.
b) Buyer's Promissory Note in favor of the Seller, in
the escrow holder's standard form, for the balance of
the purchase price bearing interest at a percent per
year from close of escrow, to be determined at close
of escrow, based upon the interest rate .cfuoted by
World Savings and Loan for a thirty (30) year fixed
rate, conforming loans on one (!) unit residential
property, monthly payments equivalent to at least the
payment re~cfuired to amortize the balance in thirty
(30) years, beginning one (!) month after close of
escrow and continuing for ten (10) years, at which
c)
time the remaining balance will be due. There will
be no points or assessments added to the principal
of the subject Promissory Note. The Note is to be
secured by a First Deed of Trust on the property in
the escrow holder's standard form.
Buyer shall have the option of obtaining alternative
financing from other sources for the balance of the
purchase price as referred to in Subparagraph "b",
above, under terms and conditions acceptable to
Buyer. Said alternative financing would be secured
by a First Deed of Trust against the property.
ESCROW
This sale shall be consummated through an~escrow
established with an escrow holder of Buyer's choice. The
closing date for the escrow will be on or before October 31,
1992, which will automatically be extended with written
confirmation, in writing, in the event a condition in this
Agreement cannot be satisfied due to no fault of the parties
to this Agreement; however, in no event will close of escrow
be extended past March 31, 1993 without approval of both
parties to this Agreement.
If the designated escrow holder should be unable or
unwilling to act, Buyer shall designate another escrow
holder subject to the Seller's approval, which shall not
be unreasonably withheld.
- 3 -
~TATE OF TITLE EVIDENCED BY TITLE INSURANC~
!. On close of escrow, title shall vest in KALEIDOSCOPE
ACTIVITY CENTER, a non-profit corporation.
2. Seller shall, by Grant Deed, convey to Buyer a fee
simple interest free and clear of all title defects, liens,
encumbrances, Deeds of Trust, and other matters except
those shown as Items 3 and 4 in the Preliminary Report,
dated November 13, 1991, issued by Founders Title company.
3. Seller shall procure a California Land Title
Association (CLTA) standard policy of title insurance in
the amount of $165,000.00 and any required title insurance
required by any lender to this transaction to be paid by
Seller and Buyer equally, issued by a title insurer of Buyer's
choice, showing title vested in KALEIDOSCOPE ACTIVITY CENTER,
a non-profit corporation, subject to the above listed
exceptions and the purchase Deed of Trust previously referred
to in this Agreement.
PRORATION OF TAXES, INSURANCE AND INTERES~
Real property taxes, interest on assessments assumed by
Buyer, shall all be prorated as of the closing date on the
basis of a 30-day month. Assessments of record shall be
paid by Seller.
UTILITIES
As an appu~enance to the property described in the
Agreement, Buyer shall be entitled to use the existing
-- 4 --_
sewer hook-ups. Sewer service charges shall proportionately
be the responsibility of Buyer. Buyer shall obtain
meter for water upon close of escrow or immediately
thereafter.
SUBD_rV~S~ON
The real property described herein is a portion of a
parcel of land. Neither party desires to convey land in
violation of any statute, law or ordinance.
Seller shall either (1) warrant that the conveyance of
the real property described in this Agreement is excluded
from the provisions of the California Subdivision Map Act
and any other statutes, laws or ordinances which regulate
the division of land, (2) obtain a waiver of the provisions
of any regulations concerning the division of land from the
appropriate agency, or (3) obtain and record a parcel map
which has been approved by all appropriate agencies. Any
costs associated with obtaining said approval shall be borne
equally by the Seller and the Buyer.
CLOSING COSTS
1. Seller's ResDonslbl!ltles
Seller shall pay all costs and expenses of clearing title,
preparing, executing, acknowledging, and delivering
the Grant Deed, one-half (1/2) of the premium for title
insurance and one-half (1/2) of the escrow charge, one-half
(1/2) of any transfer taxes, and one-half (1/2) of any
- 5 -
recording fees involving this transfer.
~. Buyer's Responsibilities
Buyer shall pay all recording fees (except those in
connection with clearing title), one-half (1/2) of the
premium for title insurance, one-half (1/2) of the escrow
charge, one-half (1/2) of any transfer taxes, and one-half
(1/2) of any recording fees involving this transfer.
NOTICES
Ail notices and demands shall be given in writing, by
registered or certified mail, postage prepaid, and return
receipt requested. Notice shall be considered given when
received. Notices shall be addressed as appears below for
each party, provided that if any party gives notice of a
change of name or address, notices to the giver of that
notice shall thereafter be given as demanded in that notice.
To Seller:
DUBLIN UNiFiED SCHOOL DISTRICT
7471 Larkdale Avenue
Dublin, California
To Buyer:
KALEIDOSCOPE ACTIVITY CENTER
7425 Larkdale Avenue
Dublin, California
- 6 -
In the event that Buyer wishes to sell the property or
ceases to use the property for a period in excess of six (6)
months, then,
A. Subject to the condition below, Seller shall have
the right to repurchase the real property described herein
from Buyer, within ten (10) years after the conveyance of
such property, for the amount of $165,000.00.
B. subject to the conditions set forth below, during
the eleventh through twentieth (llth - 20th) years following
the conveyance of the property conveyed herein, Seller shall
be entitled to repurchase the property for the market value of
such property, to be determined in accordance with generally
accepted appraisal techniques, applying the "best use" method
by a qualified appraiser acceptable to both Buye! and Seller.~
The condition is:
Seller must use such property for a recognized normal
school district purpose. A school district purpose
does not include, without limiting the exclusions, the
sale, renting, or leasing of such property to another
entity, nor allowing such property to be vacant.
GO--AL APPROVAL
The conveyance of the property herein is subject to
the approval of all governmental agencies which have
jurisdiction. Immediately after execution of this Agreement
by both parties, Seller shall declare the property to be
surplus, and Seller shall immediately comply with all of
the requirements of California law for the conveyance of
such property to Buyer including, without limitation,
requesting a waiver of the bidding requirements from the
State Department of Education.
CONDITIONS
t. Buyer's Approval of Onsite Investiqation and Tests
Buyer's approval, within thirty (30) days after the date
of this Agreement, of inspections, tests, surveys, and other
studies to be conducted by Buyer. Buyer, Buyer's
representatives, or authorized agents may enter on the
property to make tests, surveys, or other studie~ of Seller's
property provided that Buyer pays for all such tests and
studies, keeps Seller's property free and clear of any liens,_
repairs all damage to the property, and indemnifies and holds
Seller harmless from and against all liability, claims,
demands, damages, or costs of any kind whatsoever (including
attorneys' fees) arising from or connected with the tests,
surveys, or studies. Buyer shall have until twenty (20) days
after execution of this Agreement by both parties to deliver
to Seller a disapproval notice stating that Buyer's inspection
of the property has disclosed an unacceptable defect. Failure
to so notify Seller shall conclusively be considered approval.
If escrow should fail to close for any reason, the refundable
portion of Buyer's deposit shall not be released to Buyer
until escrow holder has received valid Mechanics' Lien waivers
from all contractors who worked on the property at Buyer's
request, as identified to escrow holder by Seller.
2. "As Is" Clause
Buyer acknowledges that Buyer is purchasing the. property
solely in reliance on Buyer's own investigation, and that no
representations or warranties of any kind whatsoever, express
or implied, have been made by Seller, Seller's agents, or
brokers. Buyer further acknowledges that as of the close of
escrow, Buyer will be aware of all zoning regulations, other
governmental re.c/uirements, site and physical conditions, and
other matters affecting the use and condition of the property
and agrees tc purchase the property in the condition that it
is in at close of escrow.
REPRESENTATIONS
1. Warranty~ Material Defects
Seller has no knowledge, actual or constructive, of any
material defect in the property.
2. Brokers
Each party represents that they have no obligation to
pay a broker's commission.
- 9 --
~. Timely Perfo~manc~
Time is of the essence of this Agreement, and failure to
comply with this provision shall be a material breach of this
Agreement. if the escrow fails to close as provided above,
Buyer or Seller may at any time thereafter give written notice
to the escrow holder to cancel the escrow and return all money
and documents in escrow to their respective depositors. The
escrow holder shall comply with the notice without further
consent from any other party to the escrow or from the
broker.. Cancellation of escrow, as provided here, shall
be without prejudice tc whatever legal rights Buyer and
Seller may have against each other.
2. Attorneys' Fees -'
If either party files any action or brings any proceeding
against the other arising from this Agreement, or is made a
party to any action or proceeding brought by the escrow
holder, then, as between Buyer and Seller, the prevailing
party shall be entitled to recover as an element of its costs
of suit, and not as damages, reasonable attorneyst fea~ to
be fixed by the Court. The ,'prevailing party" shall be the
party who is entitled to recover its costs of suit, whether
or not suit proceeds to final judgment. A party not entitled
to recover its costs shall not recover attorneys' fees. No
sum for attorneys' fees shall be counted in calculating the
- 10 r
Attacllment_
amount of a judgment for purposes of determining whether a
party is entitled to its costs or attorneys' fees.
~waiver of Provision on Remed
No waiver by a party of any provision of this Agreement
shall be considered a waiver of any other provision or any
subsequent breach of the same or any other provision,
including the time for performance of any such provision.
The exercise by a party of any remedy provided in this
Agreement or at law shall not prevent the exercise by that
party of any other remedy provided in this Agreement or at
4. Time of Possession
Buyer currently retains possession of the real property
described in this Agreement. If for any reason Buyer is
not in possession prior to close of escrow, then possession
shall be delivered to Buyer at close of escrow.
INTERPRETATION OF THE AGREEKENT
1. Intec~ration Clause
This Agreement constitutes the entire agreement between
the parties and supersedes all prior discussion, negotiations,
and agreements, whether oral or written. Any amendment to
this Agreement, including an oral modification supported by
new consideration, must be reduced to writing and signed by
- 11 -
both parties before it will be effective.
~. counterparts
This Agreement, and all amendments and supplements to
it, may be executed in counterparts, and all counterparts
together shall be construed as one document.
3- Bindinq on Successors
This Agreement inures to the benefit of, and is binding
on, the parties, their respective heirs, personal
representatives, successors, and assigns.
4 o
Captions, Joint and Several Liability, Controllinq
Law.
The captions heading the various paragraphs of this
Agreement are for convenience and shall not be considered
to limit, expand, or define the contents of the respective
paragraphs.
Masculine or feminine, or neuter gender and the singular
and the plural number, shall each be considered to include
the other whenever the context so requires. If either party
consists of more than one person, each such person shall
be jointly and severally liable. This Agreement shall be
interpreted under California law and according to its fair
meaning, and not in favor of or against any party.
-12--
5. No Representation Reqardinq Legal Effect of
Document
No representation, warranty, or recommendation is made
by Seller or Buyer, of his/her brokers, respective agents,
employees, or attorneys regarding the legal sufficiency,
legal effect, or tax consequences of this Agreement or the
transaction, and each signatory is advised to submit this
Agreement to his respective attorney before signing it.
DATED: June t7 , 1992
DUBLIN UNIFIED SCHOOL
DISTRICT OF ALAMEDA COUNTY,
STATE OF CALIFORNIA
by:
/
~rkl, Bo~rd of Trustees
DATED: June ~ , 1992
KALEIDOSCOPE ACTIVITY
CENTER
b~: Michael HuckiHs
Its Executive Director
by:
Stephen V. Wickersham
President,
Board of Directors
- 13 -
AM]KNDMENT TO PURCHASE AND SAT,F. AGREEMENT
This Amendment to PURCHASE AND S~T.F. AGREEM~2~T, dated
June 17, 1992, is made on February 17 ., 1993, between
DUBLIN UNIFIED SCHOOL DISTRICT OF ALA=MEDA, STATE OF
CALIFORNIA, a public corporation, formerly known as MURRAY
SCHOOL DISTRICT OF ALAMEDA, STATE OF CALIFORNIA, a public
corporation ("Seller") and KALEIDOSCOPE ACTIVITY CENTER,
a non-profit corporation ("Buyer").
The amendments are as follows:
1. The paragraph under the heading "UTILITIES" shall
be deleted entirely and in its place the following
provisions shall be added:
"a. Seller shall grant to Buyer an appurtenant
easement for all utilities and sewer lines across
Seller's remaining property from the real property
which Buyer is purchasing under this Agreement to
the most convenient hookup to the utilities located
within a public street. The specific location of
such easement shall be determined and a legal
description shall be attached to the Grant Deed
prior to the close cf escrow.
REC'EIVED
Atlldl, F-
AMENDMENT TO PURCHASE AND S~T,V, AGREEMENT
(Page 2)
b. Prior to or at close of escrow, Seller shall
transfer two (2) sewer Dwelling Units Equi~a!encies
to the Dublin-San Ramon Service District to allow
Buyer to hook up to the sewer without fees."
2. The second paragraph under the heading ,,AGREEMENT
TO SELL AND TO PURCY~SE; DESCRIPTION OF PROPERTY"
(located on Page ~o) shall be deleted entirely and
in its place the following provision shall be added:
"Seller shall convey to Buyer at close of escrow
an appurtenant easement for ingress and egress of
pedestrians and vehicles of all types over the
driveway mentioned above from the public street to
the parking area adjacent to the north. The exact
description is to be dete~mined by mutual agreement
of the parties, and a legal description shall be
attached to the Grant Deed prior to the close of
escrow.
Seller shall convey to Buyer at the close of escrow
an appurtenant easement for parking of vehicles of
all types in ten (10) of the spaces in the parking
area adjacent to the north.
PTYRCI~E ~aNYD SALE AGI{Et~NT
Page 3 )
The exact description is to be dete/nnined by mutual
agreement of the parties and a legal description shall
be attached to the Grant Deed prior to the ~lose of
escrow. The 10 parking space easement shall confor~
to the req~/irements of the city of Du~lin Planning
Department."
3. The following provision shall amend the provision
entitled "PURCHASE PRICE A3D TEP24S":'
"a. The purchase price shall be reduced from
$155,000.00 to $151,361.00 as a result of the
following:
i. $2,000.00 determined as follows:
savings for engineering preparation:
$2,500.00;
Savings for title insurance: $1,500.00;
Total Savings is $4,000.00,-split
e~aa!!y between Seller and-Buyer.
DUBLIN PLANNING'
ii.
$2,200.00 determined as folicws:
Unanticipated costs to the Buyer for Sewer
Connection Contract Cost with ~merican
Pipeline Engineering: $4,400.00.
Total cost split equally between Seller
A/~ENDMENT TO PURCHASE AND SALE AGRE~
(Page 4)
iii. $561.00 determined as follows:
Anticipated fees to the city of Dublin:
$1,122.00.
Total cost split equally between Seller
and Buyer."
4. The following paragraph shall be added to the
provision under the heading "GOVERNMENTAL APPROVAL", which
commences on page 7, as an additional provision:
"It is understood and agreed between the parties that
since the Buyer is a Contracting Agency, as defined by
Section 8208 of the Education Code of the State of
California, that the Seller may not have to apply to
the State Department of Education for a waiver of the
bidding requirement. Further, it is understood and
agreed between the parties that pursuant to Education
Code Section 39360.3(a)(1), (2), and (3), that the
subject property shall be used by the Buyer and/or its
successor in interest for a period of five (5) years
exclusively for child care and development services as
defined in Section 8208 of the Education Code of the
RECEIVED
DUBLIN PLANNING
A~~ TO pUt~CNASE AND SAI,F. AGRtEEM~
(Page 5)
State of California, and that failure to so comply will
result in certain remedial action as defined in said code
sections."
DATED:
DATED:
February 17 ,
February i T ,
1993 DUBLIN UNIFIED SCHOOL
DISTRICT OF ALAMEDA COUNTY,
STATE OF CALIFORNIA
1993
KALEIDOSCOPE ACTIVITY
CENTER
by: Michael Huckins
Its Executive Director
by:
Stephen V. Wickersham
President,
Board of Directors
AM~ND~ TO pURChASE AND SATJ~ AGREEMENT
This Amendment to the PURCHASE AND SBTg AGREemENT, dated
June 17, 1992 ("Purchase Agreement"), is made on April 16,
1993 between DUBLIN UNIFIED SCHOOL DISTRICT OF ALAMEDA, STATE
OF CALIFORNIA, a public corporation, formerly known as MURRAY
SCHOOL DISTRICT OF ALAMEDA, STATE OF CALIFORNIA, a public
corporation ("Seller") and KALEIDOSCOPE ACTIVITY CENTERj
a non-profit corporation ("Buyer") and supplements the
AM]KND~ TO PURCHASE AND SATg AGREE~fENT, dated February 17,
1993 ("Amend/nent") .
The amendments are as follows:
1. The paragraph under the heading .'AGREEMENT TO SELL
AND TO PURCKASE; DESCRIPTION OF PROPERTY" in the Purchase
Agreement, and referred to in Paragraph 2 of the
Amendment, shall be deleted entirely and in its place
the following provisions shall be inserted:
"a. Land Conveyance
Seller agrees to sell and Buyer agrees to purchase the
property located at 7425 Larkda!e Avenue, in the city
of Dublin, County cf Alameda, State of California,
consisting of: (!) that portion currently occupied
by the Buyer, as shown as Parcel "A" on Exhibit "1"
attached hereto, and (b) the driveway, sidewalk,
RECEIVED
JUN O? I9 3
DUBLIN PLANNIN~
A3{ENDM~qqT TO PURCTTASE AND SAT,F. AGREEMENT
(Page 2)
and lawn area, as shown as Parcel "B" on Exhibit "1"
attached hereto, which abuts Larkdale Avenue and is
adjacent to the property currently occupied by Buyer.
The entire parcel is more particularly described as
"follows:
"That portion cf Parcel ~C', Parcel 5133, filed
April 17, 1987, Map Book 168 of Parcel Maps,
Pages 37 and 38, Alameda County Records, which
is currently occupied by the Buyer and abuts said
property, which lies easterly of the existing
driveway adjacent to the West, southerly of the
existing public walkway access to Ko!b Park to
the North, northerly of the street boundary on
Larkdale Avenue, and westerly of the easterly
line of such Parcel ~C'."
An engineer and/or licensed land surveyor 'shall be
retained, at the shared expense of the Seller and
Buyer, to draft a legal description of such property
prior to the close of escrow or prior to such time
that a legal description becomes necessary, whichever
occurs first.
A tentative drawing of the subject parcels is attached
hereto as Exhibit "!" and made a part hereof.
Attachment
AMTrND~ TO PURClqASE AND SALE AGREEMENT
(Page 3)
Easement to Seller
Buyer shall convey to Seller, at the close of
escrow, a non-exclusive easement for ingress and
egress and utilities over Parcel B, as shown on
Exhibit "i" attached hereto. Seller agrees to
maintain the driveway and the landscape located
in said Easement Area of Parcel "B" at its cost.
Said maintenance shall be performed consistent
with its current maintenance standard and within
the guidelines for reasonable landscaping and
driveways in the relevant area, or as more
particularly re_cuired by any public agency.
Buyer shall have a right to relocate within its
sole discretion and within Parcel "B", at its
cost, with a comparable space allotment, the
driveway, at any ti~e in the future, said
relocation shall provide for equal access by
vehicular traffic and shall be of the same type
and/or quality as the currently existing driveway.
AMENDMENT TO PURCtIASE AND SALE AGRE~
(Page 4)
Parking Easement to Buyer
Seller shall convey to Buyer at the close of
escrow an appurtenant easement for parking of
vehicles of all types in ten (10) of the spaces
in the parking area adjacent to the north.
The exact description of said easement is to be
determined by mutual agreement of the parties and
a legal description shall be attached to the Grant
Deed prior to the close of escrow. The ten (10)
parking space easemen~ shall conform to the
requirements of the city of Dublin Planning
Department.
do
Utility Easement to Buye~
Seller shall grant to Buyer at the close of escrow
an appurtenant easement for utilities, as said
utilities currently exist, that service the
subject parcel being procured by Buyer and which
pass over and/or through the property of the
Seller, as required by any municipality including,
(Page s)
but not limited to, the city of Dublin and/or
its Planning Department.
Said utility easement shall be for water, gas,
sewer, electrical, cable or other utilities as
re_~uired by said municipal agency."
o
The following paragraph shall be added to the
provision under the heading "RIGHT TO REPLrRCHASE'' of
the ~archase Agreement, which is contained on Page
as an additional provision:
"c) In the event that Seller was to sell, convey,
and/or abandon the use of the balance of Parcel
and/or that portion which abuts the property being
acquired under this PURCSLASE AND SALE AGREEMENT,
then Buyer shall have the right to purchase the
Easement Rights over Parcel "B" of Exhibit "1",
attached hereto, which will be granted to Seller
at the cicse of escrow for a _~urchase Price of
$to,ooo.oo.
AMENDMENT TO PURCHASE AND SALE AGREEMENT
(Page 6)
The following changes shall be made to the ~rovisions
under the heading "ESCROW" of the Purchase Agreement,
which are contained on Page 3 of that Agreement:
The date of October 31, 1992 shall be changed to
May 31, 1993. The date of March 31, 1993 shall
be changed to July 31, 1993.
DATED:
DATED:
May 5, 1993
April 21, 1993
DUBLIN UNIFIED SCHOOL
DISTRICT OF ALAMEDA COUNTY,
STATE OF C~LIFORNIA
KALEIDOSCOPE ACTIVITY
CENTER
by: Michael Huckins
Its Executive Director
by:
Its
Stephen V. Wickersham
President,
Board of Directors
Easter Sss!s Bay Ares
2757 ~ei~graph Avenue
Dear
sarkir~gi~oad~ng spaces, The D~stfict has no obiecti~n to the pmposa~ for four (4) new parkh-:2
RECEIVED
BE0 i 9 2003
ATTACHMENT U"'-'"
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION FOR PA 02-037 EASTER SEALS TRI-VALLEY
CAMPUS (KALEIDOSCOPE CENTER) CONDITIONAL USE PERMIT AND SITE
DEVELOPMENT REVIEW FOR THE EXPANSION AND REMODELING OF AN EXISTING DAY
CARE CENTER IN AN R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT
7425 LARK1)ALE AVENUE, DUBLIN (APN 941-0181-030-01)
WHEREAS, Michael Pelfini, President and CEO of Easter Seals Bay Area, has requested approval of a
Conditional Use Permit and Site Development Review to allow the expansion and remodeling of an existing day
care center, the Easter Seals Tri-Valley Campus, also known as the Kaleidoscope Center, at 7425 Larkdale
Avenue, Dublin in an R-1 Single Family Residential Zoning District; and
WHEREAS, the existing Conditional Use Permit approval (Resolution 91-023) is for a maximum of 60
children with operating hours between 7:30 a.m. and 6:00 p.m., Monday thru Friday; and
WHEREAS, the request for a new Conditional Use Permit is for a maximum of 72 children with
operating hours between 7:30 a.m. and 6:00 p.m., Monday thru Friday; and
WHEREAS, the existing Site Development Review approval (Resolution 91-024) is for two classroom
buildings of 2,600 square feet and 1,440 square feet respectively; and
WHEREAS, the request for a new Site Development Review approval is for the replacement of the
existing classroom buildings with two new modular classroom buildings of 3,360 square feet and 1,440 square
feet respectively; and
WHEREAS, an existing Variance approval allows for the provision of 6 off-site parking spaces to serve
the day care facility use; and
WHEREAS, the request for 7 additional off-site parking spaces (4 parking stalls and 3
loading/unloading spaces) is being considered by way of a Conditional Use Permit; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and
City environmental regulations require that certain projects be reviewed for environmental impact and that
environmental documents be prepared; and
WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a
significant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this application and is on file in the City of
Dublin Planning Department; and
WHEREAS, in accordance with CEQA, the Initial Study and Negative Declaration (attached as Exhibit
A) were circulated for a 20-day public review period from December 6, 2003 to December 26, 2003; and
ATTACHMENT
WHEREAS, the Planning Commission did review and use their independent judgment to consider the
Negative Declaration at a public hearing on January 27, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
find that:
mo
The proposed project, expanding and remodeling an existing day care center, the Easter Seals
Tri-Valley Campus (Kaleidoscope Center) located at 7425 Larkdale Avenue in Dublin, will not
have a significant effect on the environment based on the review of the Initial Study and public
testimony.
Bo
The Negative Declaration has been prepared and processed in accordance with State and local
environmental laws and guideline regulations.
C. The Negative Declaration is complete and adequate.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby adopt the Negative Declaration for PA 02-037, the proposed expansion and remodeling of an
existing day care center, the Easter Seals Tri-Valley Campus (Kaleidoscope Center) at 7425 Larkdale Avenue in
Dublin.
PASSED, APPROVED AND ADOPTED this 27th day of January 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
2
CITY OF DUBLIN
100 Civic Plaza, Dublin, California 94568
Website: http://www.ci.d u blin.ca.us
PROJECT TITLE:
PA 02-037, Conditional Use Permit/Site Development Review for the Kaleidoscope
Center, a daycare facility with 15+ children
PROJECT
LOCATION:
7425 Larkdale Avenue (APN 941-0181-03 0-01)
PROJECT
DESCRIPTION:
The proposed project is a Conditional Use Permit/Site Development Review
application for a daycare facility for special needs children located at 7425 Larkdale
Avenue in Dublin. The Applicant currently operates a daycare facility in this location
and is proposing to expand the operation by increasing the number of children to 72;
redeveloping the site by constructing two new modular buildings of 1,440 square feet
and 3,360 square feet respectively; and, providing 7 off-site parking and
loading/unloading spaces. The operating hours for the daycare facility are Monday -
Friday 7:30 a.m. to 6:00 p.m. The daycare facility will have twelve employees and
volunteers.
The propel-ty is zoned R-I, Single Family Residential and the General Plan land use
designation is Single Family Residential. Daycare Facilities (15+ children) are
permitted in this zoning district by way of a Conditional Use Permit.
APPLICANT/
PROPERTY OWNER:
Michael Pelfini, President & CEO, Easter Seals Bay Area, 180 Grand Avenue, Suite 300,
Oakland, CA 94612
DETERMINATION: I hereby find that the project WILL NOT have a significant effect on the environment.
PREPARATION:
Marnie R. Waffle, Assistant Planner, City of Dublin Community Development
Department, 100 Civic Plaza, Dublin, CA 94568
Copies of the Initial Study documenting the reasons to support the above finding are available at the City of Dublin,
100 Civic Plaza, Dublin, CA 94568, or by contacting (925) 833-6610.
Marnie R. Waffle
Assistant Planner
Dated: December 3, 2003
Published: December 6, 2003
Area Code (925) · City Manager 833-6650. City Council 833-6650 · Personnel 833-6605 - Economic Development 833-6650
Finance 833-6640. Public Works/Engineering 833-6630. Parks & Community Services 833-6645 - Police 833-6670
Planning/Code Enforcement 833-6610 · Building Inspection 833-6620 - Fire Prevention Bureau 833-6606
EXHIBIT A
INITIAL STUDY
Kaleidoscope Center/Easter Seals Tri-Valley Campus
7425 Larkdale Avenue,
Dublin, CA 94568
Conditional Use Permit
Site Development Review
PA 02-037
December 3, 2003
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Table of Contents
Introduction .............................................................................................................................................. 3
Project Description and Context .............................................................................................................. 4
Project Setting .......................................................................................................................................... 5
Environmental Factors Potentially Affected ............................................................................................ 6
Evaluation of Environmental Impacts ..................................................................................................... 7
Checklist of Environmental Impacts ........................................................................................................ 8
Checklist Discussion .............................................................................................................................. 18
List of Figures
Figure 1 .............................................................................................................................................. 4
Figure 2 .............................................................................................................................................. 4
Figure 3 ............................................................................................................................................ 22
Figure 4 ............................................................................................................................................ 23
City of Dublin Page 2
Initial Study PA 02-037
Introduction
This Initial Study has been prepared by the City of Dublin in accordance with the provisions of the California
Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the
proposed project described below. The Initial Study consists of a project description and context, project
setting, completed environmental checklist, and a brief explanation of the environmental topics addressed in the
checklist.
1. Project title:
PA 02-037, Conditional Use Permit/Site Development Review for the
Kaleidoscope Center/Easter Seals Tri-Valley Campus daycare facility
(15+ children)
2. Lead agency:
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
3. Contact person:
Marnie R. Waffle, Assistant Planner
(925) 833-6610
4. Project location:
7425 Larkdale Avenue, Assessor Parcel No. 941-0181-03 0-01
5. Project sponsor:
Richard Sampson, 5994 W. Las Positas Boulevard, Suite 107,
Pleasanton, CA 94588 on behalf of Easter Seals Bay Area
6. General Plan designation:
Single Family Residential
7. Zoning:
R-I, Single Family Residential
8. Public agency required
approvals:
City of Dublin (Building permits)
Dublin Unified School District (Parking easement)
State of California Department of Social Services (Facility daycare
license)
Alameda County Fire Department (Fire Safety site inspection)
City of Dublin
Initial Study
Page 3
PA 02-037
PROJECT DESCRIPTION AND CONTEXT
The proposed project is a Conditional Use Permit/Site Development Review application for the Kaleidoscope
Center, a daycare facility (15+ children) for special needs children located at 7425 Larkdale Avenue in Dublin
(See Figures 1 & 2). The Applicant is requesting the following approvals: a Conditional Use Permit to expand
the daycare facility use; Site Development Review to redevelop the site and construct two, new modular
buildings; and, a Conditional Use Permit to allow for off-site parking and loading/unloading spaces.
Currently, the Kaleidoscope Center has the following approvals (See attached Figure 3 for Approved Site Plan):
· a Conditional Use Permit (Resolution 91-23) for up to 60 children with operating hours between 7:30
a.m. and 6:00 p.m.;
· Site Development Review (Resolution 91-24) for two buildings totaling 4,040 square feet; and,
· a Variance (Resolution 8-93) for 6 off-site parking stalls.
The Applicant is proposing to increase the number of children at the facility, increase the building square
footage, and increase the number of off-site parking and loading/unloading spaces. The proposed changes are
as follows (See attached Figure 4 for Proposed Site Plan): · increase the maximum number of children to 72;
· increase the total square footage of the daycare facility to 4,800 square feet; and,
· increase the number of off-site parking and loading/unloading spaces by 7.
The property at 7425 Larkdale Avenue is zoned R-I, Single Family Residential and has a General Plan land use
designation of Single Family Residential (0.9-6.0 units per gross residential acre). Daycare facilities (15+
children) are permitted in the R-l, Single Family Residential Zoning District by way of a Conditional Use
Permit. The redevelopment of the site and the construction of two, new modular buildings are considered by
wa3' of Site Development Review. Lastly, required parking that is provided off-site is subject to approval of a
Conditional Use Permit.
Figure 1. Vicinity Map
Sa~ Ramm~
742~i Larkdole Aver
'Dublin., CA, g456B
' MapPoinr
Figure 2. Project Location
Kaleidoscope Center
7425 Larkdale Avenue
Dublin, CA 94568
City of Dublin
Initial Study
Page 4
PA 02-037
PROJECT SETTING
Site history:
The project site, 7425 Larkdale Avenue was previously Fallon School under the Murray School District. Fallon
School closed in 1983 at which time a variety of other uses were approved in this location. The maximum
number of students in attendance at Falion School was 379. The following represents a chronology of
entitlements for the site:
In 1983, a Conditional Use Permit was granted for the establishment of the Tri-Valley Church of God, church
and school. The Tri-Valley Church of God entered into a lease agreement with the Murray School District to
occupy a portion of the Fallon School site for church activities and a Christian Youth Academy for grades K-9,
with a maximum of 120 children. Also in 1983, a Conditional Use Permit was granted to the Kaleidoscope
Center for a daycare facility, with a maximum number of 50 children. The Kaleidoscope Center also entered
into a lease agreement with the Murray School District to occupy a portion of the Fallon School site.
In 1984, Fountainhead Montessori School obtained a Conditional Use Permit for the operation of a pre-school,
elementary school, and daycare facility, for a total number of 116 children (with a maximum of 80 children on-
site), on a portion of the Fallon School site. The Tri-Valley Church of God and the Kaleidoscope Center were
also in operation at the time of this approval bringing the total number of children on-site to 250. Also in 1984,
a Conditional Use Permit for Growing Tree Pre-School (120 children) was approved on a portion of the Fallon
School site, bringing the number of active Conditional Use Permits to four and the total number of children to
370.
In 1985, the Kaleidoscope Center renewed their Conditional Use Permit to continue operation of their daycare
facility. At this time, Fountainhead Montessori was the only other use in operation at the Fallon School site
(the Tri-Valley Church of God and the Growing Tree Pre-School were no longer in operation).
In 1986, the Fountainhead Montessori School relocated their operations to York Drive and ceased all activities
at the Fallon School site. Also in 1986, a Tentative Map and Conditional Use Permit were granted to the
Murray School District to subdivide the school district property and for the establishment of their
administrative offices and a corporation yard.
In 1991, Kaleidoscope renewed their Conditional Use Permit a second time and was granted a combined
Conditional Use Permit/Site Development Review approval for the expansion of the daycare facility. This
approval remains in effect and includes a 4,040 square foot daycare facility at 7425 Larkdale Avenue with a
maximum of 60 children on-site. 6 parking stalls are required and are provided off-site.
Site Description:
The project site is located on a developed parcel of land (Assessor Parcel Number 941-0181-030-01) within a
single-family residential neighborhood. The site is bounded by a neighborhood park (Kolb Park) to the north,
single-family residences to the east, Larkdale Avenue to the south, and the Dublin Unified School District
administrative offices and Dublin Senior Center to the east. The site is approximately .68+ acres (29,580
square feet) with a generally flat topography. The site consists of two, modular buildings; playground areas
with play equipment, a basketball court, and minimal ornamental landscaping. The site is surrounded by a
chain link fence with controlled access points. Pedestrian and vehicular access is obtained primarily off of
Larkdale Avenue via a one-way shared access drive aisle. Currently, all parking is located off-site (outside of
the legal property lines) on Dublin Unified School District property. The main entrance to the site is located on
the east side of the property.
City of Dublin Page 5
Initial Study PA 02-037
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "potentially significant impact" as indicated by the checklist on the following
pages.
- Aesthetics - Agricultural Resources - Air Quality
- Biological Resources Cultural Resources - Geology/Soils
Hazards and Hazardous Hydrology/Water Land Use/Planning
Materials Quality
Mineral Resources Noise Population/Housing
Public Services Recreation Transportation/
Circulation
- Utilities/Service - Mandatory Findings of
Systems Significance
Determination (to be completed by Lead Agency):
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Signature: Date:
Printed Name: Marnie R. Waffle, Assistant Planner
For: City of Dublin
ci~ of Dublin Page 6
Initial Study PA 02-037
EVALUATION OF ENVIRONMENTAL IMPACTS
1)
2)
3)
4)
5)
6)
7)
8)
9)
A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g., the project falls outside a fault rapture zone). A "No Impact" answer should be
explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts.
Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
"Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to
a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief
discussion should identify the following:
a)
b)
c)
Earlier Analysis Used. Identify and state where they are available for review.
Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion.
This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in whatever
format is selected.
The explanation of each issue should identify:
a)
b)
the significance criteria or threshold, if any, used to evaluate each question; and
the mitigation measure identified, if any, to reduce the impact to less than significance.
City of Dublin
Initial Study
Page 7
PA 02-037
CHECKLIST OF ENVIRONMENTAL IMPACTS
Note: A full discussion of each item is found following the
checklist.
a) Have a substantial adverse impact on a scenic vista?
(Source: 1, 4)
b) Substantially damage scenic resources, including but
not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
(Source: 2, 3, 4)
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
(Source: 2, 3)
d) Create a new source of substantial light or glare that
would adversely affect day or nighttime views in the
area?
(Source: 2, 3)
Iii AgriCUltural Resources Wog~d the Project..
a) Convert Prime Farmland, Unique Farmland or
Farmland of Statewide Importance, as showing on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
Agency, to a non-agricultural use?
(Source: 2)
b) Conflict with existing zoning for agriculture use, or a
Williamson Act contract?
(Source: 2)
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of farmland to a non-agricultural use?
(Source: 2)
III. Air Quality (Where available~ the significance criteria
established by the applicable air quality management
district may be relied on to make the following
determinations). Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
(Source: 2)
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
(Source: 2)
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
X
X
X
X
X
X
X
X
City of Dublin
Initial Study
Page 8
PA 02-037
Note.' A full discussion of each item is found following the
checklist.
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions, which exceed quantitative thresholds for
ozone precursors?
(Source: 2)
d) Expose sensitive receptors to substantial pollutant
concentrations?
(Source: 2)
e) Create objectionable odors affecting a substantial
number of people?
(Source: 2)
IV. BiOlOgical ResOdreeS. WoUldtheProjeCt
a) Have a substantial adverse effect, either directly
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies or
regulations, or by the California Department of Fish
and Game or the U.S. Fish and Wildlife Service?
(Source: 2, 3)
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in
local or regional plans, policies or regulations or by
the California Department ofFish and Game or the
U.S. Fish and Wildlife Service?
(Source: 2, 3)
c) Have a substantial adverse impact on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption or other means?
(Source: 2, 3)
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
(Source: 2, 3)
e) Conflict with any local policies or ordinances protecting
biological resources, such as tree protection
ordinances?
(Source: 2, 3, 6)
Potentially Less Than Less than 3ro Impact
Significant Significant Significant
Impact ~?th Impact
Mitigation
X
X
X
X
X
X
X
X
City of Dublin
Initial Study
Page 9
PA 02-037
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
X
X
X
X
X
X
X
X
X
X
Note: A full discussion of each item is found following the
checklist.
f) Conflict with the provision of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan or other approved local, regional or state habitat
conservation plan?
(Source: 2, 3)
Wo~ld the projeCt :
a) Cause a substantial adverse impact in the significance
ora historical resource as def'med in Sec. 15064.5?
(Source: 2)
b) Cause a substantial adverse change in the significance
of an archeological resource pursuant to Sec.
15064.5?
(Source: 2)
c) Directly or indirectly destroy a unique paleontological
resource or unique geologic feature?
(Source: 2)
d) Disturb any human remains, including those interred
outside ora formal cemetery?
(Source: 2)
VI. Geology and Soils. Would the project
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Fault Zoning Map
issued by the State Geologist or based on other known
evidence of a known fault?
(Source: 2, 4)
ii) Strong seismic ground shaking?
(Source: 2, 4)
iii) Seismic-related ground failure, including liquefaction?
(Source: 2, 4)
iv) Landslides?
(Source: 2, 4)
b) Result in substantial soil erosion or the loss of topsoil?
(Source: 2)
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project
and potentially result in on- and off-site landslide,
lateral spreading, subsidence, liquefaction or similar
hazards?
(Source: 2)
City of Dublin
Initial Study
Page 10
PA 02-037
Note: A full discussion of each item is found following the
checklist.
d) Be located on expansive soil, as defined in Table 13-l-
B 0fthe Uniform Building Code (1994), creating
substantial risks to life or property?
(Source: 2)
e) Have soils capable of adequately supporting the use of
septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of waste?
(Source: 2)
VH. Hazards and Hazardous Materials. Would the
project:
a) Create a significant hazard to the public or the
environment through the routine transport, use or
disposal of hazardous materials?
,(Source: 2)
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous into the environment?
(Source: 2)
c) Emit hazardous emissions or handle hazardous
materials, substances, or waste within one-quarter
mile of an existing or proposed school?
(Source: 2)
d) Be located on a site which is included on a list of
hazardous materials sites complied pursuant to
Government Code Sec. 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
(Source: 2)
e) For a project located within an airport land use plan or,
where such plan has not been adopted, would the
project result in a safety hazard for people residing or
working in the project area?
(Source: 1, 2)
f) For a project within the vicinity, of private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
(Source: 1, 2)
g) Impair implementation of or physically interfere with
the adopted emergency response plan or emergency
evacuation plan?
(Source: 2)
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
X
X
X
X
X
X
X
X
City of Dublin
Initial Study
Page 1 1
PA 02-037
Note: ,~ full discussion of each item is found following the
checklist
h) Expose people or structures to a significant risk of loss
injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
(Source: 1,2)
VIII~ Hyd~°i°gY and wa~e;QU~liWW°Uidthepboject
a) Violate any water quality standards or waste discharge
requirements?
(Source: 2)
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that
there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g. the
production rate of existing nearby wells would drop to
a level which would not support existing land uses or
planned uses for which permits have been granted?
(Source: 2)
c) Substantially alter the existing drainage pattern of the
site or area, including through the aeration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-site?
(Source: 2)
d) Substantially alter the existing drainage pattern of the
site or areas, including through the alteration of a
course or stream or river, or substantially increase the
rate or amount of surface runoff in a manner, which
would result in flooding on- or off-site?
(Source: 2)
e) Create or contribute runoff water which would exceed
the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
(Source: 2)
f) Otherwise substantially degrade water quality?
(Source: 2)
g) Place housing within a 100-year flood hazard area as
mapped on a Flood Hazard Boundary or Flood
Insurance Rate Map or other flood delineation map?
(Source: 1, 2)
h) Place within a 100-year flood hazard area structures,
which impede or redirect flood flows?
(Source: 1,2)
i) Expose people or structures to a significant risk of loss,
injury, and death involving flooding, including
flooding as a result of the failure ora levee or dam?
(Source: 1, 2)
City of Dublin
Initial Study
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact kVith Impact
Miti~, ation
X
X
X
X
X
X
X
X
X
X
Page 12
PA 02-037
Note: A full discussion of each item is found following the
checklist.
j) Inundation by seiche, tsunami or mudflow?
(Source: 1, 2)
IX! Land use and planning: WoUldthep~oject:
a) Physically divide an established community?
(Source: 2)
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental
effect?
(Source: 2, 5)
c) Conflict with any applicable habitat conservation plan
or natural community conservation plan?
(Source: 2)
X, Mineral ReSOurces Would the ProjeCt
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
(Source: 1, 2)
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general Plan, specific plan or other land use plan?
(Source: 1, 2)
XI. N°iS~i WoUld the proposal result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the general plan or
noise ordinance, or applicable standards of other
agencies?
(Source: 1, 2, 4, 6)
b) Exposure of persons or to generation of excessive
groundborne vibration or groundborne noise levels?
(Source: 2)
c) A substantial permanent increase in ambient noise
levels in the project vicinity above existing levels
without the project?
(Source: 2)
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels
without the project?
(Source: 2)
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With ' Impact
Mitigation
X
X
X
X
X
X
X
X
X
X
City of Dublin
Initial Study
Page 13
PA 02-037
Note: ,4 full discussion of each item is found following the
checklist.
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project expose people residing or working n the
project area to excessive noise levels?
(Source: 1, 2)
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
(Source: 1, 2)
:Xlli POpulati°n and HOUsingi Would the P~oject
a) Induce substantial population growth in an area, either
directly or indirectly (for example, through extension
of roads or other infrastructure)?
(Source: 2)
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
(Source: 2)
c) Displace substantial numbers of people, necessitating
the replacement of housing elsewhere?
(Source: 2)
XIII. Public Services. Would the proposal:
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service rations, response times or other
performance objectives for any of the public services?
Fire protection?
(Source: 2)
Police protection?
(Source: 2)
Schools.'?
(Source: 2)
Parks?
(Source: 2)
Other public facilities?
(Source: 2)
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
X
X
X
X
X
X
X
X
X
City of Dublin
Initial Study
Page 14
PA 02-037
Note: ,4 full discussion of each item is found following the
checklist.
a) Would the project increase the use of existing
neighborhood or regional facilities such that
substantial physical deterioration of the facility would
occur or be accelerated?
(Source: 2)
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities that might have an adverse physical effect on
the environment?
(Source: 2)
X¥i TranSPOrtation and Traffici: Would the project:
a) Cause an increase in traffic that is substantial in relation
to the existing traffic load and capacity of the street
system (i.e. result in a substantial increase in either
the number of vehicle trips, the volume to capacity
ratio on roads or congestion at intersections)?
(Source: 2)
b) Exceed, either individually or cumulatively, a level of
service standard established by the County
Congestion Management Agency for designated roads
or highways?
(Source: 2)
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
(Source: 2)
d) Substantially increase hazards due to a design feature
(e.g. sharp curves or dangerous intersections) or
incompatible uses, such as farm equipment?
(Source: 2)
e) Result in inadequate emergency access?
(Source: 2)
f) Result in inadequate parking capacity?
(Source: 2, 3, 5, 7)
g) Conflict with adopted policies, plans or programs
supporting alternative transportation (such as bus
turnouts and bicycle facilities)?
(Source: 2)
XVI, UtilitieS and Se~ice Systems. W°uldthe project
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
(Source: 2)
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
X
1
X
X
X
X
X
X
X
X
City of Dublin
Initial Study
Page 15
PA 02-037
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
X
X
X
X
X
,
X
X
Note: A full discussion of each item is found following the
checklist.
disposal needs?
(Source: 2)
g) Comply with federal, state and local statutes and
regulations related to solid waste?
(Source: 2)
XVII; Mandato~ Findings of SignificanCe,
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
(Source: 2)
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities,
the construction of which could cause significant
environmental effects?
(Source: 2)
d) Have sufficient water supplies available to serve the
project from existing water entitlements and
resources, or are new or expanded entitlements
needed?
(Source: 2)
e) Result in a determination by the wastewater treatment
provider that serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the providers existing
commitments?
(Source: 2)
0 Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat ora fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number of or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects and the effects of
probable future projects).
City of Dublin
Initial Study'
Page 16
PA 02-037
Note: A full discussion of each item is found following the
checklist.
c) Does the project have environmental effects that will
cause substantial adverse effects on human beings,
either directly or indirectly?
Potentially Less Than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
X
City of Dublin
Initial Study
Page 17
PA 02-037
CHECKLIST DISCUSSION
Sources:
The above determinations were made based upon the following:
1. Determination based on location of project.
2. Determination based on staff review and analysis.
3. Determination based on field studies.
4. Determination based on City of Dublin General Plan.
5. Determination based on City of Dublin Zoning Ordinance.
6. Determination based on City of Dublin Municipal Code.
7. Determination based on TJKM Traffic Study dated October 6, 2003.
8. Not Applicable.
Project Impacts and Mitigation Measures:
I. Aesthetics
No impact. This project will not have any impacts to aesthetics as the project is not located
within a scenic vista and there are no scenic resources on-site. The redevelopment of the site
will improve the visual character and quality of the site with attractive and harmonious
architecture, ornamental landscaping and other site improvements. The project will not create a
new source of light or glare affecting day or nighttime views.
II. Agricultural Resources
No impact. This project will not have any impacts to agricultural resources, as it will be
located on a developed site where no agricultural resources are present.
III. Air Quality
No impact. This project will not have any impacts to air quality, as the traffic associated with
the project does not exceed acceptable levels within a residential area.
IV. Biological Resources
No impact. This project will not have any impacts to biological resources, as there are no
known rare, endangered or threatened species, no known riparian habitat, protected wetlands,
wildlife species, or heritage trees on this developed site.
V. Cultural Resources
No impact. This project will not have any impacts to cultural resources, as there are no known
cultural resources on this developed site.
City of Dublin
Initial Study
Page 18
PA 02-037
VI. Geology and Soils
Less than significant impact. This project could be impacted by seismic activity including
ground shaking as the site is located in relatively close proximity to an active fault identified by
the Alquist-Priolo Special Study Zone. While all construction associated with the daycare
facility will conform to the most current building and safety standards, the risk remains in any
structure that seismic activity could result in an impact to the building and its inhabitants.
VII. Hazards and Hazardous Materials
No impact. No hazardous or explosive materials will be kept at this daycare facility. All
potential health hazards are addressed by the Department of Environmental Health and the State
Department of General Services.
VIII. Hydrology and Water Quality
No impact. The project site does not cross over any waterways nor does it impact groundwater
above and beyond adjacent single-family residential uses. The site is located in Zone X of the
current FEMA map, which is defined as areas outside of the 500-year flood hazard area.
IX. Land Use and Planning
No Impact. The proposed daycare facility would not physically divide an established
community, as the facility currently exists on a developed parcel of land. The project is in
conformance with Dublin General Plan and Zoning Ordinance as a daycare facility use is
allowed to be located in a Single Family Residential zoning district with approval of a
Conditional Use Permit.
X. Mineral Resources
No impact. No known mineral resources are present on this developed site.
XI. Noise
Less Than Significant Impact. The proposed layout of the site, i.e. building placement and
playground locations, are the same as when approved under the 1991 Conditional Use
Permit/Site Development Review application. The site layout was modified in 2000 when the
original building on-site was condemned and a modular building was brought in to replace it.
The modular building was situated adjacent to the nearest residences where previously there
was playground space. The original building remained on-site until 2002 when it was
demolished. The location of the modular building relocated the playground areas away from
the adjacent residences and in effect became a buffer between a potential noise source and
adjacent residential homes. While the current proposed project is reverting back to the prior
site layout approved, it is recognized that the adjacent residences may have become accustomed
to the buffer the building currently provides and that noise associated with children playing
outdoors may become more apparent under the proposed project.
City of Dublin
Initial Study
Page 19
PA 02-037
As a result, it has been determined that the proposed project will increase noise levels that may
impact surrounding uses including single family residences as the children of the daycare
facility will participate in outdoor recreational activities between the hours of 8:30am and
6:00pm, Monday-Friday and the proposed site layout will again locate the playground areas
adjacent to single family residences. However, this impact has been identified as a less than
significant impact because measures have been incorporated into the project to mitigate
anticipated noise levels. As part of the proposed project, a rubberized playing surface will be
installed within the playground area to minimize noise associated with the game of basketball.
Additionally, opaque landscaping will be planted adjacent to the nearest residences to further
mitigate noise levels associated with children playing outdoors.
XII. Population and Housing
No impact. The project will not significantly alter the overall density, location, distribution, or
growth rate of the human population in the area. The project would increase the number of
persons at the proposed daycare facility during operating hours of 8:30 a.m. to 6:00 p.m.,
Monday to Friday only to the degree that the center can accommodate a maximum of seventy-
two special needs children. The project will not impact existing housing or create a need for
new housing because a daycare facility serves children from existing residences in the Tri-
Valley area.
XIII. Public Services
No impact. The project, as proposed, will not demand more public services than in years past.
The daycare facility has been in operation at this location for approximately 20 years and is
currently being served by the Alameda County Fire Department and Dublin Police Services.
The location of the daycare facility is within 1 mile of Fire Station 16 on Donohue Drive and
1.5 miles of the Dublin Police Department.
XIV. Recreation
No impact. The approval and construction of the proposed project will not result in an
increased use of park or recreation facilities as adequate on-site outdoor recreation opportunities
will be constructed as part of the project.
XV. Transportation/Traffic
Less Than Significant Impact. The daycare facility use, with a maximum of 72 children, 12
employees, and 2 company vehicles, cannot be adequately served by on-site parking due to
unique site layout and design. In order to provide the required number of parking and
loading/unloading spaces, off-site parking must be secured.
Under the previous Conditional Use Permit granted to the Kaleidoscope Center in .1991, a
maximum of 60 children were approved and 6 parking spaces were required to serve the use.
At that time, the Dublin Zoning Ordinance did not specify a parking requirement for daycare
centers so the closest comparable use, professional office, was used to determine that 6 parking
spaces would be adequate to serve the use. Since that time the Dublin Zoning Ordinance has
been amended and a parking requirement has been adopted for daycare centers (1 space per
City of Dublin
Initial Study
Page 20
PA 02-037
employee, 1 space per company vehicle, and 1 loading space for every 5 children at the
facility). Because the scope of the proposed project requires application for a new Conditional
Use Permit, the Kaleidoscope Center must adhere to current zoning regulations which includes
the most recently adopted parking requirements.
To verify whether the parking requirements of the Dublin Zoning Ordinance were appropriate
when applied to the specific operations of the Kaleidoscope Center, a parking study was
conducted by TJKM and the results presented in a report dated October 6, 2003. The parking
study reveled that in order to adequately serve the proposed project with 72 children, 12
employees, and 2 company vans, a total of 14 parking stalls and 8 loading/unloading spaces (22
total) would need to be provided.
Currently, the daycare facility has been granted a parking easement for 10 off-site parking
spaces by the Dublin Unified School District (DUSD). The proposed redevelopment of the site
will allow for an additional 4 parking and 5 loading/unloading spaces on-site for a total of 19
parking and loading/unloading spaces. The daycare facility is currently seeking an additional 3
off-site loading/unloading spaces from DUSD in order to meet the parking requirement of 22
spaces. Should the additional parking spaces not be available from DUSD, the daycare facility
will not be granted approval for 72 children, as there would not be adequate parking to serve the
use at this intensity. The maximum number of children at the facility would be determined
based upon the number of parking spaces able to be provided using the formula derived from
the above-referenced TJKM parking study.
XVI. Utilities and Service Systems
No impact. The proposed project can be adequately served by existing utility and service
systems, as the project is substantially similar to existing conditions. The proposed building
square footage is 760 square feet more than what was previously approved but is a minimal
increase that will not require additional or upgraded utility and service systems.
XVII. Mandatory Findings of Significance
Does the project have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of
or restrict the range ora rare or endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
No. The preceding analysis indicates that the proposed project will not have a significant adverse
impact on overall environmental qUality.
Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects
and the effects of probable future projects).
No. Although slight incremental increases in certain areas can be expected as a result of a more-
intensive use of the property, they are not enough to create a measurable impact.
City of Dublin Page 21
Initial Study PA 02-037
Does the project have environmental effects that will cause substantial adverse effects on human
beings, either directly or indirectly?
No such impacts have been discovered in the course of preparing this Initial Study.
Initial Study Preparer
Marnie R. Waffle, Assistant Planner, City of Dublin Community Development Department
References
Project Plans dated October 3, 2003 and November 25, 2003.
Parking Study dated October 6, 2003.
Dublin General Plan, February 11, 1985.
Dublin Zoning Ordinance, September 2, 1997.
City of Dublin
Initial Study
Page 22
PA 02-037
l / PRO?OS£D'PO~-,TA~LE CLASSROOM FOR: -
~ KA~IDOSCOPE ACTIVIT'~' CENTER
RESOLUTION NO. 04 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR PA 02-037 EASTER SEALS TRI-VALLY CAMPUS
(KALEIDOSCOPE CENTER), AN EXISTING DAY CARE CENTER, TO INCREASE THE
NUMBER OF CHILDREN AT THE DAY CARE CENTER, REDUCE THE PARKING
REQUIREMENT FOR THE DAY CARE CENTER USE, AND ALLOW FOR A PORTION OF THE
REQUIRED PARKING TO BE PROVIDED OFF-SITE; THE KALEIDOSCOPE CENTER IS
LOCATED AT 7425 LARKDALE AVENUE, DUBLIN (APN 941-0181-030-01)
WHEREAS, the Applicant, Michael Pelfini, President and CEO of Easter Seals Bay Area, has requested
approval of a Conditional Use Permit for, an increase in the number of children at an existing day care center; a
parking reduction for the day care center use; and, allow for a portion of the required parking to be provided off-
site, at the Easter Seals Tri-Valley Campus, also known as the Kaleidoscope Center, located at 7425 Larkdale
Avenue, Dublin, in an R-I Single Family Residential Zoning District; and
WHEREAS, the Applicant has submitted a complete application for said Conditional Use Permit to
increase the number of children at the Kaleidoscope Center from 60 children to 72 children, which is available and
on file in the Planning Department; and
WHERAS, the Dublin Zoning Ordinance has established minimum parking standards for day care centers
which requires that one parking space be provided for each employee, one parking space for each company vehicle,
and one loading/unloading space for every 5 children at the day care center; and
WHEREAS, the Applicant is proposing to have 12 employees, 2 company vans, and 72 children at the day
care center resulting in a parking requirement of 14 parking spaces and 14 loading/unloading spaces for a total of
28 parking spaces; and
WHEREAS, the Applicant is requesting a reduction in required parking from 14 loading/unloading spaces
to 8 loading/unloading spaces; and
WHEREAS, the Applicant has submitted a parking study dated September 26, 2003, as amended on
October 6, 2003, prepared by a qualified consultant, TJKM Transportation Consultants, analyzing the parking
demands of the proposed day care center use; and
WHEREAS, the parking study revealed that a total of 22 parking spaces would be adequate to serve the
day care center use (14 parking spaces for employees and company vehicles, and 8 loading/unloading spaces to
serve a maximum of 72 children); and
WHEREAS, the Applicant is also requesting approval to allow a portion of the 22 parking spaces, 10
parking spaces and 3 loading/unloading spaces, to be located off-site, on an adjacent parcel owned by the Dublin
Unified School District and identified by Assessor Parcel Number 941-0181-030-02; and
WHEREAS, a Variance was approved by the Planning Commission in 1993 granting the Kaleidoscope
Center 6 off-site parking spaces located on an adjacent parcel owned by the Dublin Unified School District and
identified by Assessor Parcel Number 941-0181-030-02 and this approval remains in effect therefore, the current
request for off-site parking includes an additional 4 off-site parking spaces (totaling 10 off-site parking spaces) and
3 off-site loading/unloading spaces; and
ATTACHMENT 7
WHEREAS, the Applicant has submitted project plans for the requested entitlements dated received
December 3, 2003; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and
City environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared; and
WHEREAS, the application has been reviewed in accordance with the provisions of the CEQA and a
Negative Declaration has been adopted (Planning Commission Resolution No. 04-__ ) for this project as it will
have no significant effect on the environment; and
WHEREAS, a public hearing was scheduled before the Planning Commission on January 27, 2004; and
WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and
outlining the issues surrounding the request; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on January
27, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did use its independent judgment and considered all said reports,
recommendations, and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said Conditional Use Permit:
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, are compatible with surrounding residential land uses, transportation and service
facilities in the vicinity, as the day care center will offer services which typically benefit residential uses.
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, 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, as all potential environmental impacts
associated with the project are less than significant.
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, will not be injurious to property or improvements in the neighborhood as the
project is conditioned to comply with all Building Division, Fire Department, Public Works Department,
and Dublin San Ramon Services District requirements.
Do
There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures, as conditioned, would not be detrimental to the public
health, safety, and welfare.
The subject site is physically suitable for the type, density and intensity of the use and related structures
proposed as the project is located on a developed site that is relatively flat and located within an urbanized
area adjacent to existing residential uses.
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the R-l, Single-Family Residential Zoning District in which it is
located as the Conditions of Approval are required to ensure that the project will be supportive of
2
surrounding residential uses through the provision of day care and education services to the community
and will be compatible with adjacent residential uses.
The approval of this Conditional Use Permit, as conditioned, complies with the Dublin General Plan and
R-I Single Family Residential zoning regulations and performance standards established in the Dublin
Zoning Ordinance.
H. The proposed reduction in parking for the day care center use meets the Conditional Use Permit findings as
discussed above.
The Applicant submitted a parking study prepared by a qualified consultant analyzing the parking demands
of the proposed day care center use and demonstrated that the required parking standards are excessive and
proposed alternate parking standards which are appropriate and ensures that there will not be a parking
deficiency.
J. The proposed reduction in parking from 14 loading/unloading spaces to 8 loading/unloading spaces for the
day care center use will not result in an overflow of parking that will impact adjacent uses.
K. The proposed off-site parking spaces to serve the day care center use meets the Conditional Use Permit
findings as discussed above.
L. The location of the most distant off-site parking space is not more than 400 feet from the day care center.
The proposed off-site parking is conditioned to be solidified between the Kaleidoscope Center and the
Dublin Unified School District prior to occupancy of the buildings to ensure that the required parking
spaces are provided for the life of the day care center use.
N. The proposed off-site parking is located within the same zoning district as the day care center, an R-1
Single Family Residential zoning district.
O. The proposed off-site parking will not be located within a road easement or private street.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA
02-037, Easter Seals Tri-Valley Campus (Kaleidoscope Center) Conditional Use Permit to, increase the number of
children at an existing day care center; reduce the parking requirement for the day care center use; and, allow for
required parking to be provided off-site, for the Kaleidoscope Center, located at 7425 Larkdale Avenue, Dublin, as
generally depicted on the plans prepared by K2A Architecture and Interiors, labeled Attachment 1 to the January
27, 2004 Staff Report, consisting of fifteen (15) sheets, dated received December 3, 2003, stamped approved, and
on file with the Community Development Department, and the Applicant's written statement, labeled Attachment 2
to the January 27, 2004 Staff Report, consisting of three (3) sheets, dated received December 4, 2003, stamped
approved and on file with the Community Development 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 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/Ci_ty Attorney, [FIN]
Finance, [FI Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health, [Z7] Zone 7.
3
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Permit approval for Easter Seals PL On-going
Tri Valley Campus (Kaleidoscope Center), PA 02-037 establishes
the day care center use with a maximum of 72 children and
permits an additional seven (7) off-site parking spaces (4 parking
spaces and 3 loading/unloading spaces). The required parking
shall be 22 parking spaces total (14 parking stalls and 8
loading/unloading spaces) in accordance with the parking formula
derived by the TJKM parking study dated September 26, 2003, as
amended on October 6, 2003. Development pursuant to this
Conditional Use Permit, including location of required parking
spaces, shall generally conform to the project plans submitted by
K2A Architecture and Interiors dated received December 3, 2003
on file in the Planning Department, and other plans, text, and
diagrams relating to this Conditional Use Permit, unless modified
by the Conditions of Approval contained herein.
2. Permit Expiration. Construction or use shall commence within PL Prior to
one (1) year of Permit approval or the Permit shall lapse and January27,
become null and void. Commencement of construction or use 2005
means the actual construction or use pursuant to the Permit
approval or, demonstrating substantial progress toward
commencing such construction or use. It' there is a dispute as to
whether the Permit has expired, the City may hold a noticed
public hearing to determine the matter. Such a determination may
be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new application
must be made and processed according to the requirements of this
Ordinance.
3. Time Extension. The original approving decision-maker may, PL Prior to
upon the Applicant's written request for an extension of approval January 27,
prior to expiration, and upon the determination that any 2005
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 by the particular
Permit.
4. Annual review. On at least an annual basis, this Conditional Use PL On-going
Permit shall be subject to Zoning Investigator Review and
determination as to compliance with the conditions of approval.
Any violation of the terms or conditions of this permit may be
subject to enforcement action.
5. Permit Validity. This Conditional Use Permit approval shall be PL On-going
valid for the remaining life of the approved structure so long as
the operators of the subject property comply with the project's
conditions of approval.
6. Revocation of permit. The Conditional Use Permit approval PL On-going
shall be revocable for cause in accordance with Section 8.96.020.I
of the Dublin Zoning Ordinance. Any violation of the terms or
4
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
conditions of this permit shall be subject to citation.
7. Modifications. Modifications or changes to this Conditional Use PL On-going
Permit approval may be considered by the Community
Development Director if the modifications or changes proposed
comply with Section 8.100.080 of the Zonin$ Ordinance.
8. Conditions of Related Project Approvals. The PL On-going
Applicant/Developer shall comply with all conditions of approval
of the related Site Development Review for PA 02-037 Easter
Seals Tri-Valley Campus (Kaleidoscope Center) project.
9. Clean-up. The Applicant/Developer shall be responsible for PL During
clean-up and disposal of project related trash and for maintaining Construction
a clean, litter-free site.
10. Controlling Activities. The Applicant/Developer shall control PL, PO During
all activities on the project site so as not to create a nuisance to Construction
the surrounding residences.
11. Accessory Structures. The use of any accessory structures, such PL, B, F During
as storage sheds or trailer/container units used for storage or for Construction/
any other purpose, shall not be allowed on the site at any time On-going
unless a Temporary Use Permit is applied for and approved.
12. Property Maintenance. The property at 7425 Larkdale Avenue, PL On-going
Dublin shall be maintained in accordance with Section 5.64,
Property Maintenance of the Dublin Municipal Code.
13. Graffiti. The Applicant/?roperty Owner shall keep the site clear PL, PO On-going
of graffiti vandalism on a regular and continuous basis at all
times.
14. Non-Residential Security Ordinance. The Applicant shall B, F, PO Issuance of
comply with all applicable City of Dublin Non-Residential Building
Security Ordinance Requirements. Permits/On-
going
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
15. Number of students. The day care center is approved to have a PL On-going
maximum of 72 children on-site at any given time.
16. Hours of operation. Hours of operation for the day care center PL On-going
shall be from 7:30 a.m. to 6:00 p.m. Monday through Friday.
Outside activities shall not occur before 8:00 a.m.
17. Noise/Nuisances. The Applicant shall control all project related PL On-going
activities and noise, in the parking lot and playground, so as not to
create a nuisance to the adjacent residential community. No
loudspeakers or amplified music shall be permitted to project or
be placed outside of the building.
18. Vehicular Traffic. The Applicant shall ensure that vehicles used PL On-going
in connection with the transportation of children to and from the
day care center obey all traffic laws, including but not limited to,
posted speed limits and traffic signs, and refrain from causing
undo noise, including but not limited to, the use of vehicle horns
for a purpose other than safety reasons, that may impact the
adjacent residential community.
5
PASSED, APPROVED AND ADOPTED this 27th day of January 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Commission Chair
Planning Manager
G:\PA#~2002\02-037 Easter Seals\PC Reso CUP.doc
6
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW FOR PA 02-037 EASTER SEALS TRI-VALLY CAMPUS
(KALEIDOSCOPE CENTER) REMODELING OF AN EXISTING DAY CARE CENTER LOCATED AT
7425 LARKDALE AVENUE, DUBLIN (APN 941-0181-030-01)
WHEREAS, the Applicant, Michael Pelfini, President and CEO of Easter Seals Bay Area, has requested
approval of Site Development Review for the remodeling of an existing day care center, the Easter Seals Tri-
Valley Campus, also known as the Kaleidoscope Center, located at 7425 Larkdale Avenue, Dublin in an R-1 Single
Family Residential Zoning District; and
WHEREAS, the Applicant has submitted a complete application for Site Development Review for the
remodel of the Kaleidoscope Center which is available and on file in the Planning Department; and
WHEREAS, the Applicant has submitted project plans for the requested entitlement dated received
December 3, 2003 and a color and materials board dated received October 3, 2003; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and
City environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared; and
WHEREAS, the application has been reviewed in accordance with the provisions of CEQA and a
Negative Declaration has been adopted (Planning Commission Resolution No. 04-__) for this project as it will
have no significant effect on the environment; and
WHEREAS, a public hearing was scheduled before the Planning Commission on January 27, 2004; and
WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and
outlining the issues surrounding the request; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on January
27, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did use its independent judgment and considered all said reports,
recommendations, and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said Site Development Review:
A. The proposed remodel of the Kaleidoscope Center, as conditioned, is consistent with the purpose and
intent of Chapter 8.104 Site Development Review of the Zoning Ordinance.
B. The day care center use complies with the policies of the General Plan, with the development regulations
and performance standards for the R-1 Single Family Residential zoning district in which it is located, and
with all other requirements of the Zoning Ordinance as conditions of approval have been applied to the
project to ensure that the day care center will be compatible with the surrounding area.
ATTACHMENT
Co
The proposed remodel of the Kaleidoscope Center, as conditioned, 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, as all potential environmental impacts associated with the project are less than significant.
The proposed remodel of the Kaleidoscope Center will not be injurious to property or improvements in the
neighborhood as the project is conditioned to comply with all Building Division, Fire Department, Public
Works Department, and Dublin San Ramon Services District requirements.
The proposed site development, including site layout, structures, vehicular access, circulation and parking,
setbacks, height, walls, public safety and similar elements, have been designed to provide a desirable
environment for the project and surrounding areas.
Fo
The subject site is physically suitable for the type, density and intensity of the proposed day care center use
and related structures, as the project is located on relatively flat land which has been previously developed
and improved within single family residential neighborhood.
G. The proposed remodel of the Kaleidoscope Center does not impact views as it is not located within a view
corridor and the height of the structures are less than the surrounding single family residences.
H. There are no impacts to slopes or topographic features as there are no existing slopes on the site nor will
there be a need for grading as the project site is a previously developed parcel within an urbanized area.
Architectural considerations, including the character, scale and quality of the design, the architectural
relationship with the site and other buildings, building materials and colors, screening of exterior
appurtenances, exterior lighting, and similar elements have been incorporated into the project and as
conditions of approval in order to ensure compatibility of this development with the development's design
concept and the character of the adjacent residential neighborhood.
Jo
Landscape considerations, including the location, type, size, color, texture and coverage of plant materials,
provisions and similar elements have been considered to ensure visual relief and an attractive environment
for the public, as well as providing a noise buffer between the site and adjacent residential homes.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA
02-037, Easter Seals Tri-Valley Campus (Kaleidoscope Center) Site Development Review to remodel the site
located at 7425 Larkdale Avenue, Dublin, as generally depicted on the plans prepared by K2A Architecture and
Interiors, labeled Attachment I to the January 27, 2004 Staff Report, consisting of fifteen (15) sheets, dated
received December 3, 2003, stamped approved, and on file with the Community Development Department; the
color and materials board dated received October 3, 2003, stamped approved, and on file with the Community
Development Department; and, the Applicant's written statement, labeled Attachment 2 to the January 27, 2004
Staff Report, consisting of three (3) sheets, dated received December 4, 2003, stamped approved and on file with
the Community Development 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 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/Ci_ty Attorney, [FIN|
Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health, [Z7] Zone 7.
2
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - SITE DEVELOPMENT REVIEW
1. Approval. This Site Development Review approval for Easter PL On-going
Seals Tri-Valley Campus (Kaleidoscope Center), PA 02-037
establishes the detailed design concepts and regulations for the
project. Development pursuant to this Site Development
Review generally shall conform the project plans submitted by
K2A Architecture and Interiors dated received December 3,
2003 and the colors and materials board received on October 3,
2003, on file in the Planning Department, and other plans, text,
and diagrams relating to this Site Development Review, unless
modified by the Conditions of Approval contained herein.
2. Permit Expiration. Construction or use shall commence PL Prior to
within one (1) year of Permit approval or the Permit shall lapse January 27,
and become null and void. Commencement of construction or 2005
use means the actual construction or use pursuant to the Permit
approval or, demonstrating substantial progress toward
commencing such construction or use. If there is a dispute as to
whether the Permit has expired, the City may hold a noticed
public hearing to determine the matter. Such a determination
may be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new
application must be made and processed according to the
requirements of this Ordinance.
3. Time Extension. The original approving decision-maker may, PL Prior to
upon the Applicant's written request for an extension of January27,
approval prior to expiration, and upon the determination that 2005
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 by the
particular Permit.
4. Permit Validity. This Site Development Review approval PL On-going
shall be valid for the remaining life of the approved structure so
long as the operators of the subject property comply with the
project's conditions of approval.
5. Revocation of permit. The Site Development Review approval PL On-going
shall be revocable for cause in accordance with Section
8.96.020.I of the Dublin Zoning Ordinance. Any violation of
the terms or conditions of this permit shall be subject to
citation.
6. Clean-up. The Applicant/Developer shall be responsible for PL On-going
clean-up and disposal of project related trash to maintain a safe,
clean, and litter-free site.
7. Modifications. Modifications or changes to this Site PL On-going
Development Review approval may be considered by the
Community Development Director if the modifications or
changes proposed comply with Section 8.104.100 of the Zoning
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
Ordinance.
8. Controlling Activities. Easter Seals Tri-Valley Campus PL On-going
(Kaleidoscope Center) shall control all activities on the project
site so as not to create a nuisance to the existing or surrounding
businesses and residences.
9. Accessory/Temporary Structures. The use of any accessory PL On-going
or temporary structures, such as storage sheds or trailer/
container units used for storage or for any other purposes, shall
be subject to review and approval by the Community
Development Director.
10. Fees. Applicant/Developer shall pay all applicable fees in Various Building
effect at the time of building permit issuance, including, but not Permit
limited to, Planning fees, Building fees, Traffic Impact Fees, Issuance
TVTC fees, Dublin San Ramon Services District fees, Public
Facilities fees, Dublin Unified School District School Impact
fees, Alameda County Fire Services 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.
11. Requirements and Standard Conditions. The Various Building
Applicant/Developer shall comply with applicable Alameda Permit
County Fire, Dublin Public Works Department, Dublin Building Issuance
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.
12. Required Permits. Applicant/Developer shall obtain all PW Prior to
necessary permits required by other agencies (e.g., Alameda Issuance of
County Flood Control District Zone 7, Alameda County Health Building
Agency (if necessary), State Water Quality Control Board, etc.) Permits
and shall submit copies of the permits to the Department of
Public Works.
13. Conditions of Related Project Approvals. The PL On-going
Applicant/Developer shall comply with all conditions of
approval of the related Conditional Use Permit for PA 02-037
Easter Seals Iri-Valley Campus (Kaleidoscope Center) project.
14. Building Permits, Codes and Ordinances. The B On-going
Applicant/Developer shall obtain all necessary permits from the
Dublin Building Department. All project construction shall
conform to all building codes and ordinances in effect at the
time of building permits.
15. Fire Codes and Ordinances. All project construction shall F On-going
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
conform to all fire codes and ordinances in effect at the time of
building permits.
16. Permit Validity. This Site Development Review approval PL On-going
shall be valid for the remaining life of the approved structure so
long as the operators of the subject property comply with the
project's conditions of approval.
PROJECT SPECIFIC - SITE DEVELOPMENT REVIEW
17. Playing Surface. The basketball court shall be constructed of a PL Through
rubberized sports surface of adequate thickness to reduce noise Completion/
associated with the game of basketball. The rubberized sports On-going
surface shall be maintained in good condition and replaced as
necessary.
18. Equipment Screening. Ali electrical and/or mechanical PL Through
equipment shall be screened from public view. Any roof Completion/
mounted equipment shall be completely screened from view by On-going
materials architecturally compatible with the building and to the
satisfaction of the Community Development Director.
19. Final Landscape and Irrigation Plan. A Final Landscape and PL Prior to
Irrigation Plan prepared and stamped by a State-licensed Issuance of
landscape architect or registered engineer, generally consistent Building
with the preliminary landscape plan prepared by Ripley Design Permits
Group dated received December 3, 2003, along with a cost
estimate of the work and materials proposed, shall be submitted
for review and approval by the Community Development
Director. Landscape and irrigation plans shall provide for a
recycled water system.
20. Final Landscape Plan Review. The plant palette varieties PL Prior to
shall be subject to review and approval of the Director of Issuance of
Community Development and/or reviewed by the City's Building
Landscape Architect to determine compatibility with reclaimed Permits
water use, where appropriate. An irrigation plan shall be
submitted with Final Landscape Plans indicating that the system
is designed for reclaimed water, where required by DSRSD.
21. Conflicts with Proposed Landscape Features. The final PL Prior to
landscape and irrigation plans shall show locations of all Issuance of
pedestrian lighting, utilities, drainage ditches, and underdrains Building
at bottom of slopes. Plans shall address tree planting within Permits
public service easements to avoid conflicts with utilities and
streetlights.
22. Standard Plant Material, Irrigation and Maintenance PL Prior to
Agreement. The Applicant/Developer shall complete and Issuance of
submit to the Dublin Planning Department the Standard Plant Building
Material, Irrigation and Maintenance Agreement. Permits
23. Landscape Borders. All landscaped areas shall be bordered by PL Prior to
a concrete curb that is at least 6 inches high and 6 inches wide. Issuance of
Curbs adjacent to parking spaces must be 12 inches wide. All Building
landscaped areas shall be a minimum of 6 feet in width (curb to Permits
curb). Concrete mow strips at least 6 inches deep and 4 inches
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
wide shall be required to separate turf areas from shrub areas.
Landscape islands adjacent parking spaces shall have a $ foot
radius or be two feet shorter than the parking spaces.
24. Maintenance of Landscape. All landscape areas on the site PL On-going
shall be enhanced and properly maintained at all times. Any
proposed or modified landscaping to thc site, including thc
removal or replacement of trees, shall require prior review and
written approval from the Community Development Director.
25. Water Efficient Landscape Regulations. PL Issuance of
Applicant/Developer shall ensure that the Final Landscaping Building
and Irrigation Plan conforms to the City's Water Efficient Permits
Landscape Regulations, including dual piping to facilitate
future recycled water.
26. Fire-Resistant and/or Drought Tolerant Plant Varieties. PL Issuance of
Final landscaping and irrigation plans shall include fire- Building
resistant and/or drought tolerant plant varieties in the plant Permits
palette.
BUILDING
27. Building Permits. To apply for building permits, Applicant B Issuance of
shall submit eight (8) sets of construction plans to the Building Building
Division for plan check. Each set of plans shall have attached Permits
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 will be responsible for obtaining the
approvals of all participating non-City agencies prior to the
issuance of building permits.
28. Construction Drawings. Construction plans shall be fully B, PL Prior to
dimensioned (including building elevations), accurately drawn Issuance of
(depicting all existing and .proposed conditions on site), and Building
prepared and signed by a California licensed Architect or Permits
Engineer. All structural calculations 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.
29. This facility will be an E-3 occupancy and will require the B Prior to Final
structure to be sprinkled, have fire alarms and smoke detection. Inspection
305.2.3 CBC
30. The office areas are to be wired as per NEC 210-53. DMC B Prior to Final
7.36.080 Outlet spacing shall not exceed six (6) feet measured Inspection
horizontally along the floor line of the wall, each wall space
over two (2) shall be treated separately from other wall spaces
within the room.
31. Green Building Guidelines. To the extent practical the B Through
Applicant shall incorporate Green Building Measures. Green Completion
Building plan shall be submitted to the Building Official for
review.
6
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
FIRE
32. The project shall comply with Uniform Building and Fire Codes F During
as adopted by the City of Dublin. Construction/
On-going
33. Provide fire flow information from DSRSD. F Prior to
Building
Permit
Issuance
34. Submit plans and a permit application to the Fire Department F Prior to
for the sprinkler system prior to installation of the system. Installation of
System
35. Provide a manual and automatic fire alarm system. Submit F Prior to
plans and a permit application to the Fire Department for the Installation of
fire alarm system prior to installation of the system. System
36. Provide panic hardware on the exit doors from the day care F Prior to Final
areas. Inspection
37. A one-hour occupancy separation is required between the day F Prior to Final
care area and the storage areas on the east side of the building. Inspection
38. Provide a lock box at the site. Order forms for the lock box are F Prior to Final
available at the Fire Prevention office at the address above. The Inspection
key can be placed in the box during Fire Department Inspection.
PUBLIC WORKS
39. Improvement and Grading Plans. All improvement and PW Prior to
grading plans submitted to the Public Works Department for issuance of
review/approval shall be prepared in accordance with these Grading/Site
Conditions of Approval, and the City of Dublin Municipal Code work Permit
including Chapter 7.16 (Grading Ordinance). When submitting
plans for review/approval, the Applicant/Developer shall also
fill-out and submit a City of Dublin Improvement Plan Review
Checklist (three 8-1/2" x 11" pages). Said checklist includes
necessary design criteria and other pertinent information to
assure that plans are submitted in accordance with established
City standards. The plans shall also reference the current City
of Dublin Standard Plans (booklet), and shall include
applicable City of Dublin Improvement Plan General Notes
(three 8-1/2" x 11" pages). For on-site improvements, the
Applicant/Developer shall adhere to the City's On-site
Checklist (eight 8-1/2" x 11" pages). All of these reference
documents are available from the Public Works Department
(call telephone 925-833-6630 for more information).
40. Grading/Site work Permit. All improvement work must be PW Prior to
performed per a Grading/Site work Permit issued by the Public issuance of
Works Department. Said permit will be based on the final set Grading/Site
of civil plans to be approved once all plan check comments work Permit
have been resolved. Please refer to the handout titled
Grading/Site Improvement Permit Application Instructions and
attached application (three 8-1/2" x 11" pages) for more
information. The Applicant/Developer must fill in and return
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
the applicant information contained on pages 2 and 3. The
current cost of the permit is $10.00. As a condition of issuance
of said permit, Improvement Security shall be posted to
guarantee thc faithful performance of the permitted work. Such
security shall be in the form of cash, a certified or cashier's
check, a letter of credit, or a permit bond executed by the
applicant and a corporate surety authorized to do business in
California. Thc amount of the security will be based on the
estimated cost of the site work (excluding the building). The
applicant shall provide an estimate of these costs for City
review with the first plan-check submittal.
41. Improvements within Existing Easements. Thc PW Prior to
Applicant/Developer shall obtain written permission from the issuance of
beneficiaries of all existing easements encumbering thc site Grading/Site
before constructing improvements within the easement areas if work Permit
the proposed improvements are inconsistent with purpose for
which thc easement was created. Said permission shall be
forwarded to the City as evidence of thc ApplicanUDeveloper's
risht to construct said improvements.
42. Water Quality/Best Management Practices. Pursuant to the PW Prior to
Alameda Countywide National Pollution Discharges issuance of
Elimination Permit (NPDES) No. CAS0029831 with the Grading/Site
California Regional Water Quality Control Board (RWQCB), work Permit
the applicant shall design and operate the site in a manner
consistent with the Start at the Source publication, and
according to Best Management Practices to minimize storm
water pollution. All trash dumpster enclosures shall have roofs
to prevent contaminants from washing into the storm drain
system. The applicant shall also install storm inlet filter devices
to remove hydrocarbons and other contaminants from storm
runoff. All storm inlets shall be stenciled "No Dumping-
Drains to Bay" using stencils available from thc Alameda
Countywide Clean Water Prosram.
43. Geotechnical Report and Recommendations. The PW Prior to
Applicant/Developer shall incorporate the recommendations of issuance of
the Geotechnical report prepared for thc project, and additional Grading/Site
mitigation measures required by the Director of Public Works, work Permit
into the project design. The Geotechnical Engineer shall certify and during
that the project design conforms to the report recommendations construction
prior to issuance of a Grading/Site work Permit. All report
recommendations shall be followed during the course of
grading and construction.
44. Parking Study and Required Improvements. The PW/PL Improvements
Applicant/Developer shall provide parking for the project as to be
discussed in the parking study prepared by TJKM guaranteed
Transportation Consultants dated 9/26/03, as amended on prior to
10/06/03. Said parking amounts to 14 parking stalls and 8 issuance of
loading/unloading spaces (22 total). To comply, parking must Grading/Site
be provided as follows: work Permit;
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
a. 10 off-site parking spaces as previously granted Copy of the
to Easter Seals by Dublin Unified School agreement, or
District, (DUSD) the adjacent property owner, other
b. 4 new spaces to be constructed south of the documentatio
main entrance drive, n acceptable
c. 5 new loading/unloading spaces to be created to the CDD,
along the north side of the entrance drive between
d. 3 loading/unloading spaces on DUSD property Easter Seals
to be allowed per a pending agreement/ and DUSDto
arrangement between Easter Seals and DUSD. be submitted
Said spaces are to be located within an existing prior to
pull-out along the west side of the property, issuance of
Occupancy
Permit.
45. Asphalt Concrete Paving. All new asphalt concrete paving PW Prior to
shall be designed using a TI of not less than 4.0 for parking issuance of
stalls and 4.5 for drive aisles, based on an R-value determined Grading/Site
by an analysis of the on-site subgrade soil or R=5 work Permit
(conservative). Pavement slopes shall be not flatter than 1%
nor steeper than 5% slope except within disabled parking stalls
where the slope may not exceed 2% in any direction.
46. ADA-Compliant Storm Drain Grates. All storm drain inlets PW Prior to
within the Play Area shall have ADA-compliant grates with issuance of
grate openings of not more than ½" in the predominant Building
direction of travel across the grate. Permit
47. Exterior Lighting. The applicant shall demonstrate that PW Prior to
exterior lighting levels conform to the Non-Residential Security issuance of
Requirements provisions of Municipal Code §7.32.230(c). In Building
general, all exterior areas shall be illuminated with a minimum Permit
uniformly maintained level of 1-foot candle at the ground
surface. Cut-off fixtures shall be used where light may spill
onto the existing residential homes to the east of the site.
48. Access to Existing Joint Poles. The Applicant shall provide a PW Prior to
vehicle driveway at the double gates that lead to the rear Play issuance of
Area for maintenance access to the existing joint utility poles Building
that reside within an easement along the eastern property line. Permit
The configuration of the proposed CMU wall along the eastern
property line shall also be designed to facilitate maintenance
access to the poles and overhead utility lines.
49. Refuse Collection Location. The Applicant/Developer shall PW Prior to
provide designated refuse collection areas for the project, issuance of
subject to approval by the appropriate solid waste collection Building
company, prior to approval of improvement plans. All refuse Permit
collection areas shall be screened from public view and shall
have roofs to protect against rainwater intrusion and floor
drains connected to the sanitary sewer system to collect runoff
from periodic washdown.
50. Standard Public Works Conditions of Approval. PW Prior to
9
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
Applicant/Developer shall comply with all applicable City of issuance of
Dublin Public Works Standard Conditions of Approval Occupancy
(Attachment A). In the event of a conflict between the Public Permit
Works Standard Conditions of Approval and these Conditions,
these Conditions shall prevail.
51. Release of Security. When all improvements governed by the PW Prior to
Grading/Site work Permit are complete to the satisfaction of the issuance of
Director of Public Works, the City will release the Improvement Occupancy
Security. Prior to the release, the Applicant/Developer shall Permit
furnish the following to the City:
1. As-Built or Record Drawings printed on mylar of
all Improvement Plans and maps associated with
the project.
2. Digital computer files of the plans in a format
compatible with the City's GIS system.
3. A Declaration or Report by the project
Geotechnical Engineer confirming that all
geotechnical and grading work associated with the
project has been performed in accordance with the
Engineer's recommendations.
4. Payment of any outstanding City fees or other
debts.
Any other information deemed necessary by the Director of
Public Works.
52. Storm Water Treatment Measures Maintenance PW Prior to
Agreement. Applicant/Developer shall enter into an agreement issuance of
with the City of Dublin that guarantees the property owner's Occupancy
perpetual maintenance obligation for all storm water treatment Permit
measures installed as part of the project. Said agreement is
required pursuant to Provision C.3.e.ii of RWQCB Order R2-
2003-0021 for the reissuance of the Alameda Countywide
NPDES municipal storm water permit. Said permit requires the
City to provide verification and assurance that all treatment
devices will be properly operated and maintained.
53. Construction Noise Management Program/ Construction PW Prior to
Impact Reduction Plan. Applicant/Developer shall conform issuance of
to the following Construction Noise Management Occupancy
Program/Construction Impact Reduction Plan. The following Permit
measures shall be taken to reduce construction impacts:
a. Off-site truck traffic shall be routed as directly
as practical to and from the freeway to the job
site. An Oversized Load Permit shall be
obtained from the City prior to hauling of any
oversized loads on City streets.
b. The construction site shall be watered at regular
intervals during all grading activities. The
frequency of watering should increase if wind
speeds exceed 15 miles per hour. Watering
should include all excavated and graded areas
10
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
and material to be transported off-site. Use
recycled or other non-potable water resources
where feasible.
c. Construction equipment shall not be left idling
while not in use.
d. Construction equipment shall be fitted with
noise muffling devices.
e. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a
daily basis.
f. Excavation haul trucks shall use tarpaulins or
other effective covers.
g. Upon completion of construction, measures
shall be taken to reduce wind erosion.
Replanting and repaying should be completed
as soon as possible.
h. After grading is completed, fugitive dust on
exposed soil surfaces shall be controlled using
the following methods:
1. Inactive portions of the construction
site shall be seeded and watered until
grass growth is evident.
2. All portions of the site shall be
sufficiently watered to prevent dust.
3. On-site vehicle speed shall be limited
to 15 mph.
4. Use of petroleum-based palliatives
shall meet the road oil requirements
of the Air Quality District. Non-
petroleum based tackifiers may be
required by the Director of Public
Works.
i. The Department of Public Works shall handle
all dust complaints. The Director of Public
Works may require the services of an air quality
consultant to advise the City on the severity of
the dust problem and additional ways to
mitigate impact on residents, including
temporarily halting project construction. Dust
concerns in adjoining communities as well as
the City of Dublin shall be addressed. Control
measures shall be related to wind conditions.
Air quality monitoring of PM levels shall be
provided as required by the Director of Public
Works.
j. Construction interference with regional non-
project traffic shall be minimized by:
1. Scheduling receipt of construction
materials to non-peak travel periods.
11
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
2. Routing construction traffic through
areas of least impact sensitivity.
3. Routing construction traffic to
minimize construction interference
with regional non-project traffic
movement.
4. Providing ride-share incentives for
contractor and subcontractor
personnel.
k. Emissions control of on-site equipment shall be
minimized through a routine mandatory
program of low-emissions tune-ups.
54. Stop Controls. A stop control device (STOP sign, STOP PW Prior to
pavement legend, and stop bar) shall be installed at the vehicle issuance of
exit onto Larkdale Avenue. Occupancy
Permit
55. Passenger Loading/Unloading Zones. The passenger PW Prior to
loading/unloading zones for the 5 spaces along the south side issuance of
and the 3 spaces along the west side of the site shall be Occupancy
identified with curbs painted green and Caltrans R32 or similar Permit
signs that read "15 minute parking". All other curbs that are
not within parking spaces or passenger loading/unloading zones
shall be painted red to prohibit parking.
56. Landscaping at Intersections. Landscaping at intersections PW Prior to
shall be such that sight distance is not obstructed for drivers, issuance of
Except for trees, landscaping shall not be higher than 30 inches Occupancy
above the curb in these areas. Permit
57. Joint Utility Trenches/Undergrounding/Utility Plans. PW Prior to
Applicant/Developer shall construct all joint utility trenches issuance of
(including electric, telecommunications, cable TV, and gas) in Occupancy
accordance with standards enforced by the appropriate utility Permit
agency. Ail vaults, electric transformers, cable TV boxes,
blow-off valves and other utility features shall be placed
underground and located behind the proposed sidewalk within
the public service easement, unless otherwise approved by the
Director of Public Works. Utility plans showing the location of
all proposed utilities shall be reviewed and approved by the
Director of Public Works prior to installation.
58. Temporary Fencing. Temporary Construction fencing shall be PW Prior to
installed along perimeter of all work under construction to issuance of
separate the construction operation from the public. Occupancy
Permit
59. Construction Hours. Construction and grading operations PW Prior to
shall be limited to weekdays (Monday through Friday) and non- issuance of
City holidays between the hours of 7:30 a.m. and 6:00 p.m. Ihe Occupancy
Applicant/Developer may request permission to work on Permit
Saturdays and/or holidays between the hours of 8:30 am and
12
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
5:00 pm by submitting a request form to the Director of Public
Works no later than 5:00 pm the prior Wednesday. Overtime
inspection rates will apply for all Saturday and/or holiday work.
60. Damage/Repairs. The Applicant/Developer shall be PW Prior to
responsible for the repair or replacement of any damaged issuance of
pavement, curb & gutter, sidewalk, or other public street facility Occupancy
resulting from construction activities associated with the Permit
development of the project.
61. Occupancy Permit Requirements. Prior to issuance of an PW Prior to
Occupancy Permit, the physical condition of the project site issuance of
shall meet minimum health and safety standards including, but Occupancy
not limited to the following: Permit
a. The streets and walkways providing access to each
building shall be complete, as determined by the
Director of Public Works, to allow for safe,
unobstructed pedestrian and vehicle access to and from
the site.
b. Ail traffic control devices on streets providing access to
the site shall be in place and fully functional.
c. All street name signs and address numbers for streets
providing access to the buildings shall be in place and
visible.
d. Lighting for the streets and site shall be adequate for
safety and security. All streetlights on streets providing
access to the buildings shall be energized and
functioning. Exterior lighting shall be provided for
building entrances/exits and pedestrian walkways.
Security lighting shall be provided as required by
Dublin Police.
e. All construction equipment, materials, or on-going
work shall be separated from the public by use of
fencing, barricades, caution ribbon, or other means
approved by the Director of Public Works.
f. All fire hydrants shall be operable and easily accessible
to City and ACFD personnel.
g. All site features designed to serve the disabled (i.e. H/C
parking stalls, accessible walkways, signage) shall be
installed and fully functional.
DSRSD - DUBLIN SAN RAMON SERVICES DISTRICT
62. Prior to issuance of any building permit, complete improvement DSR Prior to
plans shall be submitted to DSRSD that conform to the Issuance of
requirements of thc Dublin San Ramon Services District Code, Building
the DSRSD "Standard Procedures, Specifications and Drawings Permits
for Design and Installation of Water and Wastewatcr Facilities",
all applicable DSRSD Master Plans and all DSRSD policies.
63. All mains shall be sized to provide sufficient capacity to DSR
accommodate future flow demands in addition to each
development project's demand. Layout and sizing of mains
shall be in conformance with DSRSD utility master planning.
13
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
64. Sewers shall be designed to operate by gravity flow to DSRSD's DSR
existing sanitary sewer system. Pumping of sewage is
discouraged and may only be allowed under extreme
circumstances following a case by case review with DSRSD
staff. Any pumping station will require specific review and
approval by DSRSD of preliminary design repons, design
criteria, and final plans and specifications. The DSRSD
reserves the right to require payment of present worth 20 year
maintenance costs as well as other conditions within a separate
agreement with the applicant for any project that requires a
pumping station.
65. Domestic and fire protection waterline systems for Tracts or DSR
Commercial Developments shall be designed to be looped or
interconnected to avoid dead end sections in accordance with
requirements of the DSRSD Standard Specifications and sound
engineering practice.
66. DSRSD policy requires public water and sewer lines to be DSR
located in public streets rather than in off-street locations to the
fullest extent possible. If unavoidable, then public sewer or
water easements must be established over the alignment of each
public sewer or water line in an off-street or private street
location to provide access for future maintenance and/or
replacement.
67. Prior to approval by the City of a grading permit or a site DSR
development permit, the locations and widths of all proposed
easement dedications for water and sewer lines shall be
submitted to and approved by DSRSD.
68. All easement dedications for DSRSD facilities shall be by DSR
separate instrument irrevocably offered to DSRSD or by offer
of dedication on the Final Map.
69. Prior to issuance by the City of any Building Permit, all utility DSR Prior to
connection fees, plan checking fees, inspection fees, permit fees Issuance of
and fees associated with a wastewater discharge permit shall be Building
paid to DSRSD in accordance with the rates and schedules Permits
established in the DSRSD Code.
70. Prior to issuance by the City of any Building Permit, all DSR Prior to
improvement plans for DSRSD facilities shall be signed by the Issuance of
District Engineer. Each drawing of improvement plans shall Building
contain a signature block for the District Engineer indicating Permits
approval of the sanitary sewer or water facilities shown. Prior
to approval by the District Engineer, the applicant shall pay all
required DSRSD fees, and provide an engineer's estimate of
construction costs for the sewer and water systems, a
performance bond, a one-year maintenance bond, and a
comprehensive general liability insurance policy in the amounts
and forms that are acceptable to DSRSD. The applicant shall
allow at least 15 working days for final improvement drawing
review by DSRSD before signature by the District Engineer.
71. No sewer line or waterline construction shall be permitted DSR Prior to
14
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
unless the proper utility construction permit has been issued by Issuance of
DSRSD. A construction permit will only be issued after all of Building
the items in condition 65 have been satisfied. Permits
72. The applicant shall hold DSRSD, it's Board of Directors, DSR Through
commissions, employees, and agents of DSRSD harmless and Completion
indemnify and defend the same from any litigation, claims, or
fines resulting from the construction and completion of the
project.
POLICE SERVICES
73. Lighting is required over exterior entrances/doors including the PO Prior to Final
service area. Exterior lighting used for daylight hours shall be Inspection/
adequate to provide for security needs. A lighting plan shall be On-going
submitted for approval. The lighting plan shall provide a
photometric readout with foot-candles plotted on the site.
74. Vandal resistant covers shall protect all exterior lighting PO Prior toFinal
devices. Inspection/
On-going
75. Addressing and building numbers shall be visible from the PO Prior to Final
approaches to the building. Inspection/
On-going
76. Locked gated areas shall provide for emergency vehicle access. PO Prior to Final
Inspection/
On-going
77. Landscaping shall be kept at a minimal height and fullness PO On-going
giving patrol officers and the general public surveillance
capabilities of the area.
78. Perimeter fencing shall be a minimum of six feet and shall be PO, PL On-going
maintained in good condition.
PASSED, APPROVED AND ADOPTED this 27th day of January 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Commission Chair
Planning Manager
15
G:\PA#\2002\02-037 Easter Seals\PC Reso SDR.doc
16
Attachment A
CITY OF DUBLIN
PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL
GENERAL:
The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and
Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes
and ordinances in effect at the time of building permit.
In the event that there needs to be clarification to the Conditions of Approval, the Director of Community
Development and the Director of Public Works have the authority to clarify the intent of these Conditions of
Approval to the Developer without going to a public hearing. The Director of Community Development and
the Director of Public Works also have 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 to this project.
The Developer shall defend, indemnify, and hold harmless the City of 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
Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying
The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such
actions or proceedings.
o
Any water well, cathodic protection well, or exploratory boring, on the project property must be properly
abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For
additional information contact Alameda County Flood Control, Zone 7.
AGREEMENT AND BONDS:
5. The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements.
The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the
tract improvements, approved by the Director of Public Works, prior to execution of the Tract Improvement
Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance
security may be replaced with a maintenance bond that is 25% of the value of the performance security.)
FEES:
The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but
not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire
Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water
Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the
Development Agreement.
17
Parkland shall be dedicated and / or in-lieu fee paid, prior to approval of the Final Map or issuance of
building permits, whichever occurs first, in accordance with the City's Subdivision Ordinance.
PERMITS:
o
An encroachment permit from the Public Works Department may be required for any work done within the
public right-of-way even if covered under an Improvement Agreement.
10.
Developer shall obtain all permits required by other agencies including, but not limited to Alameda County
Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army
Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the
Public Works Department.
SUBMITTALS:
11. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public
Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan
Review Check List".
12. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-
City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall
approve and sign the Improvement Plans.
13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading
recommendations.
14.
Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the
project when the Final Map has been approved. Digital raster copies are not acceptable. The digital
vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the
precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English.
All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State
Plane, Zone llI, and U.S. foot.
FINAL MAP:
15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application,
unless otherwise modified by these conditions.
t6. All rights-of-way and easement dedications required by the Tentative Map including the Public Service
Easement shall be shown on the Final Map.
17. Street names shall be processed for approval through the Planning Department. The approved street names
shall be indicated on the Final Map.
EASEMENTS:
18. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at
all private streets and driveways entrances that will be signalized.
19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right
of ways that will no longer be used.
18
20.
The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property o~vners for
any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies
furnished to the Director of Public Works.
21. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by
the Director of Public Works.
GRADING PLANS:
22.
The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the
approved Tentative Map, and the City design standards & ordinances. In case of conflict between the soil
engineer's recommendations and City ordinances, the Director of Public Works shall determine which shall
apply.
23. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include
detailed design, location, and maintenance criteria of all erosion and sedimentation control measures.
IMPROVEMENTS
24. The public improvements shall be constructed generally as shown on the Tentative Map. However, the
approval of the Tentative Map is not an approval of the specific design of the drainage, sanitary sewer,
water, traffic circulation, and street improvements.
25. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as
approved by the Director of Public Works.
26. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the
project in accordance with DSRSD master plans, standards, specifications and requirements.
27. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue
traffic marker shall be installed in the street opposite each hydrant.
28. Street light standards and luminaries shall be designed and installed per approval of the Director of Public
Works. The maximum voltage drop for streetlights is 5%.
29. All new traffic signals shall be interconnected with other new signals within the development and to the
existing City traffic signal system by hard wire.
30.
Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system
and for School District uses, shall be installed along any project arterial street frontage. The extent of this
work to be determined by the Director of Public Works.
31.
The Developer shall construct bus stops and shelters at the locations designated and approved by the
LAVTA and the Director of Public Works. The Developer shall pay the cost of procuring and installing
these improvements.
32. The Developer shall furnish and install street name signs, and traffic signs & marking for the project as
required by the Director of Public Works.
33. Street trees, of at least a 15-gallon size, shall be planted along the street frontages. The varieties and
locations of the trees to be approved by the Community Development Director and Director of Public Works.
19
34.
Any decorative pavement installed within City right-of-way requires approval of the Director of Public
Works. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to
accommodate future utilities shall put under the decorative pavement. Maintenance costs of the decorative
paving shall be included in a landscape and lighting maintenance assessment district or other funding
mechanism acceptable to the Director of Public Works.
35. Roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The
landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality
treatment. The Director of Public Works may exempt specific roof leaders from this requirement if space
limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns.
Concentrated flows will not be allowed to drain across public sidewalks.
36. Developer shall construct gas, electric, cable TV and communication improvements within the fronting
streets and as necessary to serve the project and the future adjacent parcels as approved by the Director of
Public Works and the various Public Utility agencies.
37.
All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City
policies and ordinances. All utilities shall be located and provided within public utility easements and sized
to meet utility company standards.
38.
All utility vaults, boxes and structures shall be underground and placed in landscape areas and screened from
public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the
Director of Public Works and Community Development Director prior to construction.
CONSTRUCTION:
39.
The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise
allowed in writing by the Director of Public Works. The Developer will be responsible for maintaining
erosion and sediment control measures for one year following the City's acceptance of the subdivision
improvements.
40.
If archaeological materials are encountered during construction, construction within 100 feet of these
materials shall be halted until a professional Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate
the significance of the find and suggest appropriate mitigation measures.
41.
Construction activities, including the maintenance and warming of equipment, shall be limited to Monday
through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise
approved by the Director of Public Works.
42.
Developer shall prepare a Construction Noise Management Plan, to be approved by the Director of Public
Works and Community Development Director, that identifies measures to be taken to minimize construction
noise on surrounding developed properties. The Plan shall include hours of construction operation, use of
mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise
monitor. Specific noise management measures shall be included in the project plans and specifications.
43.
Developer shall prepare a plan for construction traffic interface with public traffic on any existing public
street. Construction traffic and parking may be subject to specific requirements by the Director of Public
Works.
44. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to
construction activities.
20
45. The Developer shall be responsible for watering or other dust-palliative measures to control dust as
conditions warrant or as directed by the Director of Public Works.
NPDES:
46.
Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI)
has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A
copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works
Department and be kept at the construction site.
47.
The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project
shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The
SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most
current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best
Management Practices Handbook.
48. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention
measures in the SWPPP.
21