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HomeMy WebLinkAboutItem 6.1 - 2057 Safari Kid Daycare Center SDR CUP & MUP Page 1 of 10 STAFF REPORT CITY COUNCIL DATE: June 19, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Safari Kid Daycare and Community Center Appeal of the Planning Commission’s Decision to Deny the Site Development Review Permit, Conditional Use Permit and Minor Use Permit (PLPA-2017-00050) Prepared by: Mandy Kang, Senior Planner EXECUTIVE SUMMARY: The City Council will consider an appeal by the applicant for the approval of a Site Development Review Permit, Conditional Use Permit and Minor Use Permit to build a new daycare facility and community room on the vacant 2.1 -acre Semi-Public parcel in Positano. The proposed project includes construction of a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid and a 4,269 square foot multipurpose room that will be open for rent to the community, and related site improvements including an outdoor play area for the childcare center, shared parking for both uses, and a minor amendment to the Planned Development Zoning to establish development standards. On April 10, 2018, the Planning Commission denied the request. The applicant has appealed that action to the City Council. The City Council will hold a public hearing to consider the matter. STAFF RECOMMENDATION: Conduct the public hearing, deliberate , and adopt the following: 1) Resolution Reversing the Planning Commission’s Decision and Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning Stage 2 Development Plan for the Site Designated as Semi-Public in Positano; 2) Resolution Reversing the Planning Commission’s Decision and Approving a Site Development Review Permit for a 14,936 Square Foot Building Comprised of a 10,667 Square Foot Childcare Center and 4,269 Square Foot Community Center; and 3) Resolution Reversing the Planning Commission’s Decision and Approving a Minor Use Permit for Shared Parking between the 10,667 Square Foot Daycare and the 4,269 Square Foot and Community Center; OR, direct the City Attorney to prepare a resolution affirming the Planning Commission’s action including findings of fact, for City Council’s consideration no later than July 17, 2018. Page 2 of 10 FINANCIAL IMPACT: All costs associated with processing this application are borne by the applicant. DESCRIPTION: The project site is an undeveloped parcel located at the southwest corner of Positano Parkway and West Cantara Drive in the Positano neighborhood as shown in Figure 1. The subject property is approximately 2.1 acres and currently vacant. The project site has a General Plan and Eastern Dublin Specific Plan land use designation of Semi - Public which allows day care centers and community rooms among other community serving uses. The site is generally surrounded by residential homes and a water quality basin (across Positano Parkway). Figure 1. Project Site The Applicant is requesting approval to construct a 14,936 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room that will be open for rent to the community. The proposed project includes a 12,897 square foot outdoor play area for the childcare center, and related improvements including parking, landscaping. Please refer to Attachments 1 and 2 for a complete discussion of the proposed project. The current request for the proposed project includes the following three entitlements: 1. Site Development Review Permit - For a 14,936 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room, and associated site and landscape improvements with public access taken from a driveway on West Cantara Drive (only emergency vehicles will be able to access the site from the driveway on Positano Parkway). Page 3 of 10 Figure 2. Proposed Site Plan Figure 3. Perspectives Page 4 of 10 2. Conditional Use Permit – To amend the Planned Development Zoning Stage 2 Development Plan to establish the following development standards (Table 1) and set the limits on the hours of operation. Table 1. Development Standards Maximum Building Height 25 feet Minimum Setbacks Along Positano Parkway: 20 feet Along West Cantara Drive: 20 feet Adjacent to Residential Properties (South & Southeast): 40 feet Adjacent to Vacant Land (Southwest): 40 feet The daycare center will typically operate Monday through Friday during the day and the community center will be open for use in the evenings during the week and throughout the day on weekends. Outdoor activities, including use of the play equipment, will be limited to the hours of 9:00 AM and 6:00 PM, Monday through Friday. The play equipment will only be used by the daycare center. The building shall only be open for use during the following hours (Table 2): Table 2. Hours of Operation Day Time Monday-Thursday 6:30 AM - 8:00 PM Friday 6:30 AM - 10:00 PM Saturday 8:00 AM - 10:00 PM Sunday 8:00 AM - 8:00 PM 3. Minor Use Permit – For a parking reduction for shared parking between the daycare facility and the community center because they will operate at different times. A condition of approval has been included which prohibits the daycare center and community center from operating at the same time to ensure that adequate parking is available on site. Table 3. Parking Requirement Land Use Parking Requirement Square Footage/ Daycare Req. Required Stalls Community Center 1 parking space per 50 square feet for non-fixed seating in the assembly area 4,269 85 Daycare 1 per employee, plus 1 per company vehicle, plus a loading space for every 5 children or clients at the facility 25 Employees 229 children 2 company vehicles 73 PLANNING COMMISSION ACTION: On February 13, 2018, the Planning Commission held a public hearing to consider the proposed project. No members of the public addressed the Planning Commission Page 5 of 10 regarding the project. The Planning Commission raised concerns about traffic and safety, site improvements, architectural details, signage and landscaping. The Planning Commission continued the item to allow staff and the applicant to address these concerns. The Planning Commission Meeting Minutes are included as Attachment 3. On April 10, 2018, the Planning Commission held a second public hearing to consider the revisions made to the project to address the issues raised by the Commission on February 13. The Planning Commission Meeting Minutes are included as Attachment 4. Twenty-four members of the public addressed the Planning Commission (seven people spoke in favor of the project and 17 m embers of the public spoke in opposition to the project). An additional 18 people submitted speaker slips but chose not to speak (of those, 12 people indicated support of the project and six were opposed to the project). The Planning Commission expressed concerns that the project site is not suitable for the type and intensity of the proposed use and will generate more traffic than the roadway can accommodate in an area the Planning Commission perceived as already being congested. The Planning Commission voted unanimously (4-0-1 with Commissioner Wright being absent) to adopt resolutions d enying the Site Development Review Permit (Resolution 18-09), Conditional Use Permit (Resolution 18-10) and Minor Use Permit (Resolution 18-11). These resolutions are included as Attachment 5. The Planning Commission denied the project based on the following findings that it could not make in the affirmative to support approval of the project. Site Development Review Permit Denial Findings: a. The subject site is not suitable for the type and intensity of the approved development. b. The site has not been adequately designed to ensure the proper circulation for bicyclists, pedestrians, and automobiles. Conditional Use Permit Denial Findings: a. The project will adversely affect the health or safety of persons residing or working in the vicinity, and be detrimental to the public health, safety and welfare. b. There are not adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. Minor Use Permit Denial Findings: a. The proposed use and related structures are not compatible with other land uses, transportation and service facilities in the vicinity. b. The project will adversely affect the health or safety of persons residing or working in the vicinity, and be detrimental to the public health, safety and welfare. c. There are not adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. On April 20, 2018, the applicant appealed the denial of the Safari Kid Daycare Center Project by the Planning Commission (Attachment 6). Page 6 of 10 APPEAL PROCESS: Chapter 8.136 of the Zoning Ordinance contains the regulations and procedures that must be followed if an action of the Planning Commission is appealed to the City Council. In brief, an appeal and filing fee must be filed with the City Clerk within 10 calendar days of the Planning Commission action. Normally, the appeal must be scheduled for a Public Hearing within 45 days of the filing of the appeal (June 3, 2018). The City Council may defer the decision on the appeal at the Public Hearing but must act within 75 days of the filing of the appeal (July 4, 2018), or the decision of the Planning Commission is deemed affirmed. In this case however, the applicant requested that the City Council postpone the public hearing until June 19, 2018 to provide it with additional time to prepare for the meeting (Attachment 7). Pursuant to the appeals process for planning decisions set forth in the Zoning Ordinance, the appellant must state the “extent of the appeal and the reasons and grounds for appeal”. The appeal of the Planning Commission’s denial on April 10, 2018 is confined to the approval of the findings for the Site Development Review Permit, Conditional Use Permit and Minor Use Permit. The Zoning Ordinance states that the City Council may, by majority vote, affirm, affirm in part, or reverse the Planning Commission’s decision to deny the Project. If the City Council decides to reverse the Planning Commission’s decision, the City Council may adopt additional conditions of approval that address the specific subject of the appeal. The City Council’s action must be supported by findings of fact based on information before the Council when it hears and considers the appeal. Staff recommends that the City Council reverse the Planning Commission’s decision, and adopt resolutions approving the proposed Site Development Review Permit, Conditional Use Permit and Minor Use Permit (Attachments 8, 10, and 12). ANALYSIS: The Zoning Ordinance provides findings which must be made by the decision-making body to approve a Site Development Review Permit (Section 8.104.090), a Conditional Use Permit (8.100.060), and a Minor Use Permit (Section 8.102.060). These findings are included in Attachments 8, 10 and 12 of this Staff Report. The Zoning Ordinance states that all of these findings must be made in order to approve each of these permit types and shall be supported by evidence in the public record. The appeal of the Planning Commission’s decision is confined to the denial of the Site Development Review Permit, Conditional Use Permit, and Minor Use Permit on the grounds that the project is not consistent with the Required Findings necessary for approval of the subject entitlements. Accordingly, this Staff Repo rt addresses only whether the decision made by the Planning Commission should be affirmed, affirmed in part, or reversed. Issues Raised in Appeal The appeal asserts that the Planning Commission acted unfairly. The primary issues raised by the appellant and responded to in detail below include the following: Page 7 of 10 ➢ The proposed project is consistent with the adopted General Plan/Eastern Dublin Specific Plan Land Use Designation and Planned Development Zoning; ➢ The project site is adequately served by existing infrastructure to support the proposed use; and ➢ Denial of the proposed project would constitute an inverse condemnation and other constitutional violations including Due Process and Equal Protection. The proposed project is consistent with the adopted Gene ral Plan/Eastern Dublin Specific Plan Land Use Designation and Planned Development Zoning Issues Raised by Appellant The appeal states that the Planning Commission ignored the Semi-Public land use designation and the Planned Development Zoning Stage 2 Development Plan which permits daycare centers and community rooms. The appeal further states that the proposed use of the site is consistent with the City’s Semi-Public Facilities policy and the uses that the City Council intended to occur on this site. Staff Response The City Council approved the Positano Project as part of the larger Fallon Village Project in 2005. The approvals included a General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Rezone with a related Stage 2 Developmen t Plan, and a Vesting Tentative Map creating the residential lots, along with the subject Semi-Public site, and sites designated for a Neighborhood Park, Neighborhood Square, elementary school site, and land designated Rural Residential/Agriculture and Open Space. The adopted General Plan and Eastern Dublin Specific Plan Amendment established land use designations throughout the project. The subject site was given a Semi -Public land designation which is defined below. The site was given this designation in accordance with the Semi-Public Facilities Policy (Attachment 13). The purpose of the policy is to ensure that sites are set aside to support future uses such as childcare centers, religious institutions, and other uses that provide community services. Semi-Public Facilities (Maximum FAR: .50; Employee Density: 590 square feet per employee) This designation allows quasi-public uses, such as child care centers, youth centers, senior centers, special needs program facilities, religious institutions, clubhouses, community centers, community theatres, hospitals, private schools and other facilities that provide cultural, educational, or other similar services and benefit the community. Semi-public facilities may be used for more than one such use. The City Council also adopted Planned Development Zoning which established the permitted and conditionally uses on the Semi-Public parcel. The zoning expressly permits daycare centers and community centers on the subject site. The applicant proposed to construct a 14,936 square foot daycare center and community room with a floor area ratio of 0.19, well below the maximum FAR of 0.50 allowed on the site. The proposed project is conforming to the development standards and regulations for the site including the maximum floor area ratio. The proposed use of the site for a daycare center and community room is consistent with the General Page 8 of 10 Plan/Eastern Dublin Specific Plan land use, and the use implements the intent of the adopted Semi-Public Facilities Policy by providing space for a daycare center and a community room. These uses are also consistent with the uses permitted by the Planned Development Zoning for the site. The project site is adequately served by existing infrastructure to support the proposed use. Issues Raised by Appellant The appeal challenges the Planning Commission’s findings that there is “inadequate traffic capacity to serve the proposed project” and there are “inadequate public utilities” to serve the site. The appellant asserts that there is adequate infrastructure, including roads and utilities to serve the project and support by technical analysis. Staff Response The project site is located within the Positano neighborhood which is part of the larger Fallon Village project area. Fallon Village was the subject of a Supplemental Environmental Impact Report (SEIR) which supplemented two prior EIRs (the Eastern Dublin EIR (SCH # 91103064), and the Eastern Dublin Properties Annexation and Pre - Zoning EIR (SCH # 2001052114)). The SEIR includes a traffic study that was prepared by TJKM Transportation Consultants. The traffic study analyzed development of the mix of uses within the Positano neighborhood, including the use of the subject site for semi - public uses. The City’s Transportation and Operations Manager conducted a site visit and reviewed the operating characteristics and site plan for the proposed project against the SEIR’s traffic study for Positano. The proposed project was found to be consistent with the assumptions in the traffic study and did not warrant additional traffic analysis. A site visit confirmed that traffic on Positano Parkway increases when parents drop their children off at Amador Elementary School, located east of the project site, between the hours of 8:00 AM and 8:30 AM. The applicant submitted a written statement that describes the operation of the proposed daycare, including a summary of the student drop -off and pick up times (Attachment 14). The daycare will have staggered drop -off and pick-up times, and no drop-offs will occur from 8:00 AM - 8:30 AM. The staggered drop-off and pick-up times help to distribute vehicle trips over a period of time rather than to concentrate them all at one time. Staff included a Condition of Approval which requires the staggered drop-offs and provides an enforcement mechanism should issues arise during the peak traffic times of 8:00 AM to 8:30 AM (Attachment 10, Condition #95). Additionally, the Applicant modified the site plan to address traffic and safety concerns raised by the Planning Commission at their meeting on February 13, 2018. The primary change was to eliminate the public use of the proposed driveway on Positano Parkway to alleviate the Commission’s concerns about traffic impacts and visibility from vehicles entering/existing the site from Positano Parkway. As modified, vehicular access to the site will be restricted to West Cantara Drive. A driveway has been retained on Positano Parkway for exclusive use by emergency responders to meet Building and Fire Code requirements and will be restricted with bollards. Page 9 of 10 Denial of the proposed project would constitute an inverse condemnation and other constitutional violations including Due Process and Equal Protection. Issues Raised by Appellant The appeal indicates that the applicant will be submitting additional evidence prior to the City Council hearing demonstrating that the denial would constitute an inverse condemnation action, entitling the applicant to damages from the City. It also indicates that the applicant would make additional constitutional claims, including Due Process and Equal Protection, and claims that the denial would be arbitrary and capricious. Staff Response As of the date of this report, the City has not received the additional evidence the applicant has indicated it intends to submit. Staff cannot therefore respond in any detail to the potential claims. Obviously, were the appeal granted, such claims would not be pursued. As it stands, because the lack of detail regarding the claims, this aspect of the appeal would not serve as a proper basis for granting the appeal. Should the applicant submit additional evidence prior to the hearing, Staff will provide a response to the City Council in either open or closed session. ENVIRONMENTAL REVIEW: The project is located within the Fallon Village project, which was the subject of the Fallon Village Project Supplemental Environmental Impact Report (EIR). The EIR supplemented the Eastern Dublin EIR which was certified by the City Council on May 10, 1993 (SCH # 91103064, Resolution No. 51-93). In 2002, a Supplemental EIR (SCH # 2001052114, Resolution No. 40-02) was completed for the Eastern Dublin Specific Plan to analyze new information and changed circumstances since the 1993 EIR. Supplemental mitigation measures were adopted. Another Supplemental EIR (SCH # 2005062010, Resolution No. 222 -05) was adopted on December 6, 2005, as part of the Fallon Village project. The project had proposed some additional residential and commercial development beyond the 2002 app rovals and adjusted some of the land use designation boundaries throughout the project area. The Final Supplemental EIR was a supplement for both the 1993 and 2002 EIRs. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if another environmental document should be prepared. The project includes a proposal for a daycare and community center on a Semi-Public site, which has been analyzed for potential environmental factors in the previous Supplement EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice also was published in the East Bay Times and Page 10 of 10 posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1. Planning Commission Staff Report dated February 13, 2018 without attachments 2. Planning Commission Staff Report dated April 10, 2018 without attachments 3. Planning Commission Meeting Minutes dated February 13, 2018 4. Planning Commission Meeting Minutes dated April 10, 2018 5. Planning Commission Resolutions 18-09, 18-10 and 18-11 6. Appeal Letter dated April 20, 2018 7. Request to Extend Public Hearing dated May 2, 20 18 8. Resolution Reversing the Planning Commission Decision and Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning 9. Exhibit A to Attachment 8 - Development Standards 10. Resolution Reversing the Planning Commission Decision and Approving a Site Development Review Permit 11. Exhibit A to Attachment 10 - Project Plans 12. Resolution Reversing the Planning Commission Decision and Approving a Minor Use Permit for Shared Parking 13. Semi Public Facility Policy 14. Applicant's Written Statement Page 1 of 9 STAFF REPORT PLANNING COMMISSION DATE: February 13, 2018 TO: Planning Commission SUBJECT: PUBLIC HEARING: Safari Kid Daycare Center—Site Development Review, Conditional Use Permit and Minor Use Permit (PLPA -2017- 00050) Prepared by:Mandy Kang, Senior Planner EXECUTIVE SUMMARY: The Planning Commission will consider a request by the applicant, Meridian, for approval of a Site Development Review Permit, Conditional Use Permit and Minor Use Permit to build a new daycare facility and community room on the vacant 2.1-acre Semi- Public parcel in Positano. The proposed project includes construction of a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid and a 4,269 square foot multipurpose r oom that will be open for rent to the community, and related site improvements including an outdoor play area for the childcare center, shared parking for both uses, and a minor amendment to the Planned Development Zoning to establish development standards. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt the following Resolutions: a) Approving a Conditional Use Permit for a minor amendment to the Planned Development Zoning Stage 2 Development Plan (Ordinance No. 33-05) for the site designated as Semi-Public in Positano; b) Approving a Site Development Review for a 14,869 square foot building comprised of a 10,667 square foot childcare center and 4,269 square foot community center; and c) Approving a Minor Use P ermit for shared parking between the childcare center and community center. PROJECT DESCRIPTION: The project site is an irregular shaped parcel located at the southwest corner of Positano Parkway and West Cantara Drive in the Positano neighborhood as sh own in Figure 1. The subject property is approximately 2.1 acres and currently vacant. The project site has a General Plan and Eastern Dublin Specific Plan land use designation of Semi-Public. The site is generally surrounded by residential homes and a water quality basin (across Positano Parkway). Page 2 of 9 Figure 1. Project Site On December 6, 2005, the City Council approved the Positano project as part of the larger Fallon Village Project. The approvals included a General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Rezone with a related Stage 2 Development Plan, and a Vesting Tentative Map creating the residential lots, along with the subject Semi-Public site, and sites designated for a Neighborhood Park, Neighborhood Square, elementary school site, and land designated Rural Residential/Agriculture and Open Space on the 488 -acres owned/controlled by Braddock & Logan. The adopted General Plan and Eastern Dublin Specific Plan Amendment established specific land use designations. As a part of that approval process, the subject site was designated for Semi-Public land uses. The site was designated Semi -Public in accordance with the Semi-Public Facilities Policy. The purpose of the policy was to ensure that sites were provided to support future Semi-Public facilities such as childcare centers, religious institutions, and other uses that deliver community services. The Planned Development Zoning established the permitted and conditionally uses on the Semi-Public parcel. This zoning allows both a daycare center and a community center/clubhouse. The Planned Development Zoning further identified development standards including proposed densities, development regulations, design guidelines, architectural standards, and a preliminary landscaping plan. Current Request The Applicant is requesting approval to construct a 14,936 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room that will be open for rent to the community. The proposed project includes a 15,516 square foot outdoor play area for the childcare center , and related improvements including parking, landscaping. The current request for the proposed project includes the following entitlements: Page 3 of 9 • Conditional Use Permit – To amend the Planned Development Zoning Stage 2 Development Plan to establish development standards and hours of operation. • Site Development Review Permit - For a 14,869 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room, and associated site and landscape improvements. • Minor Use Permit – For a parking reduction for shared parking between the daycare facility and the community center. ANALYSIS Conditional Use Permit – Minor Amendment to Stage 2 Development Plan The Zoning Ordinance allows the Planning Commission, by means of a Conditional Use Permit, to approve a minor amendment to an adopted Development Plan, subject to findings related to compliance with the adopted Planned Development Zo ning District Ordinance. The application includes a Conditional Use Permit for a minor amendment to the Planned Development Zoning Stage 2 Development Plan for Fallon Village. Most of the standards and requirements for a Stage 2 Development Plan required by Chapter 8.32 of the Zoning Ordinance were adopted in 2005 with the Stage 1 and 2 Development Plans. A daycare center and a community center are both listed as permitted uses in the Development Plans. However, the PD did not establish height and setback requirements for buildings on this Semi-Public site. The proposed amendment to the Stage 2 Development Plan will establish the maximum height and minimum setback for any building on this site, as listed in the tables below. Development Standards Maximum Building Height 25 feet Minimum Setbacks Along Positano Pkwy: 20 feet Along West Cantara Dr: 20 feet Adjacent to Residential Properties (South & Southeast): 40 feet Adjacent to Vacant Land (Southwest): 40 feet The CUP will also establish the hours of operation for the building and outdoor activities. The daycare center will typically operate Monday through Friday during the day and the community center will be open for use in the evenings during the week and throughout the day on weekends. The building shall only be open for use during the following hours: Day Time Monday-Thursday 6:30 a.m.-8 p.m. Friday 6:30 a.m.-10 p.m. Saturday 8 a.m.-10 p.m. Sunday 8 a.m.-8 p.m. Page 4 of 9 Outdoor activities, including use of the play equipment, will be l imited to the hours of 9 a.m. and 6 p.m. Monday through Friday. The play equipment will only be used by the daycare center. A resolution approving the Conditional Use Permit to amend the Planned Development Zoning Stage 2 Development Plan is included a s Attachment 1 with the proposed development standards included as Attachment 2. Site Development Review The Zoning Ordinance requires a Site Development Review Permit for the construction of new structures. Approval of the Permit is subject to findings related to compliance with General Plan policies, impacts to general safety and welfare, site layout, impacts to views, impacts to topography, architectural considerations and landscape considerations as shown in the draft resolution included as Attachment 3. Please refer to Attachment 4 for the project plans. Site Layout The proposed site layout shows the building located near the center of the site with pedestrian access from both Positano Parkway and W. Cantara Drive. The playground, trash enclosure and a majority of the parking has been located as far from adjacent residences as possible. This layout was designed to minimize the impacts to adjacent residences and to ensure efficient circulation. The proposed site plan is shown in Figure 2 below. Figure 2. Proposed Site Plan Page 5 of 9 A 20-foot wide path of travel provides a prominent pedestrian access from Positano Parkway to the entry. Vehicular access to the project site is provided by a new driveway on Positano Parkway, which is limited to right in/ ri ght out, and another driveway on W. Cantara Drive. The existing driveway cut on W. Cantara Drive will be removed and replaced with another driveway further to the east. Parents will utilize both entrances/exits with staggered drop-off and pick-up times. The entrance of the building faces Positano Pkwy. Parking stalls are located along the north and east side of the building. These stalls include disabled accessible, standard and EV/vanpool parking stalls. The applicant is proposing to use a combination of lights attached to the building and pole-mounted parking lot lighting in order to illuminate the site. Site lighting will be reviewed once a building permit is submitted in order to ensure there are no light/glare impacts to the adjacent residential development. The trash enclosure is located on the southwest corner of the project site near the Positano Parkway driveway entrance and away from the adjacent residences. It is located in close enough proximity to the building but is not attached t o the building so it doesn’t hinder the aesthetic appeal of the building. It will consist of masonry and painted metal gates which will match the color of the building. Outdoor Play Area The proposed project will include a 15,516 square foot play yard located on the west side of the building. It will be divided into sections with small gates based on various age groups. The play areas will have colorful play structures for each age group. The exact play structures have not yet been determined but conc eptual plans are included as Attachment 5. The larger play structures are anticipated to be 10 -17 feet tall with smaller 4 foot tall play structures. A condition of approval has been included requiring the applicant to obtain a Site Development Review Waiver prior to installation. The play areas will include a rubberized safety play surface for areas that fall within the safety fall zone of the proposed play structures. The project will include a six-foot tubular steel fence around the perimeter of the outdoor play area. The fence is necessary for the safety and security of the children. The open fence will blend in well with the surrounding area and complement the design of the proposed building. The proposed amendment to the Planned Development Zoning limits the use of the play equipment to the hours of 9 a.m. and 6 p.m. Monday through Friday. The Zoning further restricts the use of the play equipment to the daycare center (Attachment 2). Floor Plan The building consists of a 4,226 square foot community center room, 7 classrooms, a kitchen, men’s and women’s bathrooms, 2 offices and a few storage/maintenance closets. The community center and classrooms will be used for their respective uses. The kitchen, bathrooms and storage closets will be sha red by all users. Page 6 of 9 Architecture The building features a California contemporary design that is consistent with the surrounding residential neighborhood. The project utilizes a material palette with colors and materials that are similar to the homes in t he surrounding area such as textured stucco, stone veneer, a cement plaster accent columns and concrete roof tiles. The single-story building will be 22 feet in height and include multiple windows for natural lighting around the building. The main entry includes aluminum double doors and stone columns to allow for a prominent entrance facing Positano Parkway. The building also includes raised accent trim around the windows and doors. Figure 2. Perspectives A color and material palette has been provided that illustrates the variety of colors and textures for the building. This materials board will be presented at the Planning Commission meeting for review and consideration. Landscaping The landscaping has been designed to be compatible and comple ment the architecture. Plantings and hardscape elements are used to create a visual screen for the site. Improvements include trees, shrubs and groundcover along the perimeter of the building and periphery of the outdoor play yard. The building entry and east elevation will include a variety of plants along the building, as well as along the parking area extending to the southern side of the site. A condition of approval has been included to ensure that the landscape does not block visibility at the project driveway. The trash enclosure will also include planting around it to help screen the structure. Public Art Compliance Page 7 of 9 The applicant intends to satisfy the City’s public art requirement through the payment of in-lieu fees. A condition has been added in the Resolution for the Site Development Review (Attachment 3). A resolution approving the Site Plan Review Permit to construct the daycare center and community center is included as Attachment 3, with the project plans attached as Attachment 4. Minor Use Permit – Parking Reduction for Shared Parking The Zoning Ordinance, Chapter 8.76.050.F, allows a parking reduction for shared parking between use types with approval of a Minor Use Permit. The reduction in off - street parking requirements (from the sum of the parking required by each use type) may be approved if there is sufficient parking to meet the greatest parking demand, the use types and operating times don’t conflict, and overflow parking won’t impact adjacent uses. The table below illustrates the parking demand for the proposed daycare center and community center. The applicant proposes to operate the daycare Monday through Friday from 6:30 a.m. to 6:30 p.m. and the community room in the evenings and on weekends when the daycare is closed. Therefore, the applicant is proposing to provide a total of 90 parking stalls in order to exceed the greatest parking demand. The proposed site plan has 5 more vehicular spaces than is required for the greatest parking demand created by the community center. The parking stalls will include a mix of disabled accessible stalls, standard stalls, and electric vehicle/vanpool stalls as required by the Building Code. Parking Requirement Land Use Parking Requirement Square Footage/ Daycare Req. Required Stalls Community Center 1 parking space per 50 square feet for non-fixed seating in the assembly area 4,269 85 Daycare 1 per employee, plus 1 per company vehicle, plus a loading space for every 5 children or clients at the facility 25 Employees 229 children 2 company vehicles 73 The classrooms will only be utilized for the daycare and will not be used as part of the community center. The community center can be used by the existing daycare students for special functions but will not be used as an addition al classroom or for any other purpose that would increase the number of children and required parking stalls. A condition of approval has been included which prohibits the daycare center and community center from operating at the same time in order to ensure that adequate parking is available on site (Attachment 6, Condition# 14). A resolution approving the Minor Use Permit is included as Attachment 6. Page 8 of 9 ENVIRONMENTAL REVIEW The project is located within the Fallon Village project, which was the subject of the Fallon Village Project Supplemental Environmental Impact Report (EIR). The EIR supplemented the Eastern Dublin EIR which was certified by the City Council on May 10, 1993 (SCH # 91103064, Resolution No. 51-93). In 2002, a Supplemental EIR (SCH # 2001052114, Resolution No. 40-02) was completed for the Eastern Dublin Specific Plan to analyze new information and changed circumstances since the 1993 EIR. Supplemental mitigation measures were adopted. Another Supplemental EIR (SCH # 2005062010, Resolution No. 222-05) was adopted on December 6, 2005, as part of the Fallon Village project. The project had proposed some additional residential and commercial development beyond the 2002 approvals and adjusted some of the land use designation boundaries thr oughout the project area. The Final Supplemental EIR was a supplement for both the 1993 and 2002 EIRs. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if anothe r environmental document should be prepared. The project includes a proposal for a daycare and community center on a Semi-Public site, which has been analyzed for potential environmental factors in the previous Supplement EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The project site has a current General Plan and Eastern Dublin Specific Plan land use designation of Semi-Public and consistent Planned Development Zoning. The project will contribute to the surrounding neighborhood allowing for opportunities for a local daycare and community events. The proposed project is consistent with the land use designation, zoning and Eastern Dublin Specific Plan, which allow for both a daycare and community center. The proposed project has been reviewe d for conformance with the Community Design and Sustainability Element of the General Plan. The project has been designed to be compatible with adjacent and surrounding development. Pedestrian circulation has been linked together with sidewalks and public and private streets. In general, the proposed project furthers the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life and preserving resources and opportunities for future generations. REVIEW BY APPLICABLE DEPARTMENTS AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval included in the attached Resolutions perta ining to the Conditional Use Permit, Site Development Review, and Minor Use Permit (Attachments 1, 3 and 5) where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH Page 9 of 9 In accordance with the City’s policy, the Applicant installed a Planning Application Notice Sign along the project frontages. The sign includes details about the project and how to find out more information. The project is also included on the Cit y’s Project Development Website. A notice of this public hearing was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the East Bay Times and posted at several locations throughou t the City. A copy of this Staff Report was provided to the Applicant. The Staff Report for this public hearing was also available on the City’s website. ATTACHMENTS: 1. Resolution Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning 2. Exhibit A to Attachment 1 - Development Standards 3. Resolution Approving a Site Development Review Permit for a 14,869 Square Foot Builidng 4. Exhibit A to Attachment 3 - Project Plans 5. Exhibit B to Attachment 3 - Conceptual Renderings of Outdoor Play Structures 6. Resolution Approving a Minor Use Permit for Shared Parking Page 1 of 7 STAFF REPORT PLANNING COMMISSION DATE: April 10, 2018 TO: Planning Commission SUBJECT: Safari Kid Daycare Center—Site Development Review, Conditional Use Permit and Minor Use Permit Prepared by:Mandy Kang, Senior Planner EXECUTIVE SUMMARY: The Planning Commission will consider a request by the applicant, Meridian, for a Site Development Review Permit, Conditional Use Permit and Minor Use Permit to build a new daycare facility and community room on the vacant 2.1 -acre Semi-Public parcel in Positano. The proposed project includes construction of a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid and a 4,269 square foot multipurpose room that will be open for rent to the community, and related site improvements including an outdoor play area for the childcare center, shared parking for both uses, and a minor amendment to the Planned Development Zoning to establish development standards. The Planning Commission originally considered this request on February 13, 2018 and continued the matter for further consideration. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt the following Resolutions: a) Approving a Site Development Review for a 14,936 square foot building comprised of a 10,667 square foot childcare center and 4,269 square foot community center; b) Approving a Conditional Use Permit for a minor amendment to the Planned Development Zoning Stage 2 Development Plan (Ordinance No. 33 -05) for the site designated as Semi-Public in Positano; and c) Approving a Minor Use Permit for shared parking between the childcare center and community center. PROJECT DESCRIPTION: The project site is an irregular shaped parcel located at the southwest corner of Positano Parkway and West Cantara Drive in the Positano neighborhood as shown in Figure 1. The subject property is approximately 2.1 acres and currently vacant. The project site has a General Plan and Eastern Dublin Specific Plan land use desi gnation of Semi-Public which allows day care centers and community rooms among other community serving uses. The site is generally surrounded by residential homes and a water quality basin (across Positano Parkway). Page 2 of 7 Figure 1. Project Site The Applicant is requesting approval to construct a 14,936 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room that will be open for rent to the community. The proposed project includes a 12,897 square f oot outdoor play area for the childcare center, and related improvements including parking, landscaping. The current request for the proposed project includes the following entitlements: • Site Development Review Permit - For a 14,936 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room, and associated site and landscape improvements. • Conditional Use Permit – To amend the Planned Development Zoning Stage 2 Development Plan to establish development standards and hours of operation. • Minor Use Permit – For a parking reduction for shared parking between the daycare facility and the community center. On February 13, 2018, the Planning Commission held a Public Hearing to consider the proposed project. The Planning Commission raised concerns about traffic and safety, site improvements, architectural details, signage and landscaping. The Planning Commission continued the item in order for staff and the applicant to address these concerns. This staff report focuses on the modifications that have been made to the project to address these concerns. Please refer to the Planning Commission staff report dated February 13, 2018 and Planning Commission Meeting Minutes (Attachments 1 and 2) for a complete ove rview of the project and the concerns raised by the Planning Commission. Page 3 of 7 ANALYSIS Traffic and Safety The Planning Commission expressed concerns about the analysis of impacts to the roadway network resulting from this project, impacts resulting from t he proposed driveway on Positano Parkway, and the 20’ wide pedestrian pathway from the project entrance to Positano Parkway. The City’s Transportation and Operations Manager reviewed the operating characteristics and site plan for the proposed project as it relates to transportation and circulation. The applicant provided a written statement that describes the operation of the proposed daycare, including a summary of the student drop -off and picked up times (Attachment 3). Amador Elementary School is located to the east of the project site. Traffic on Positano Parkway increases when parents drop their children off at Amador Elementary School between the hours of 8:00 AM-8:30 AM. The Applicant’s written statement indicates that the daycare will have staggered drop-off and pick-up times, and further states that no drop-offs will occur from 8:00 AM - 8:30 AM. A condition of approval has been placed on the project which requires staggered drop -offs for the daycare center and provides an enforcement mechanism should issues arise during the peak traffic times of 8:00 AM to 8:30 AM (Attachment 4, Condition #95). The concerns raised about the driveway on Positano Parkway included visibility, impacts to the roadway and bicycle network from vehicles entering/exi sting from the driveway, driveway curb cut design and the potential for illegal U -turns at the West Cantara Drive intersection. The driveway is required in order to provide emergency vehicle access. Therefore, the applicant has elected to restrict this driveway to emergency vehicle access only. The driveway will be blocked off by a series of bollards to prevent non-emergency vehicles from entering/existing onto Positano Parkway (Figure 2). This eliminates the issues related to visibility, roadway network im pacts from vehicles using this driveway, and it eliminates the potential illegal U-turn at the West Cantara Drive intersection by vehicles that would have exited the site from this driveway. The location of this emergency vehicle driveway has shifted slightly to the east in order to reorient the proposed trash enclosure and provide the trash hauler with the necessary access to the enclosure. The proposed site plan previously had 90 parking stalls, but two parking stalls were eliminated to accommodate the modified driveway and trash enclosure. As described in the staff report dated February 13, 2018 (Attachment 1), the greatest parking demand would be for the proposed community center, requiring 85 parking stalls (the community center and day care will no t operate at the same time). Therefore, the proposed 88 parking stalls would still exceed the amount of parking that is required for the project. Vehicular access to the project site will be provided by a driveway on West Cantara Drive. Driveway curb cuts will be designed to current City standards. The driveway curb cuts will have an apron and a level (2% cross-slope) sidewalk that continues the pedestrian path without a depression, so pedestrians do not have to ramp down and then back up to the sidewalk level. Additionally, the applicant has incorporated Page 4 of 7 enhanced paving at the driveways and pedestrian entries as requested by the Planning Commission. Figure 2. Proposed Site Plan A required 20-foot wide path of travel provides direct pedestrian access from the proposed building entry to Positano Parkway. The Planning Commission expressed concerns that parents will use this pathway as a drop-off/pick-up location on Positano Parkway, and that this pathway will encourage pedestrians to cross Positano Pa rkway at this location. Parents are not allowed to drop off their children on the street and are required to come inside the building and check-in/check-out their child (Attachment 3). The pedestrian pathway is located about 130 feet from the cross walk a t the West Cantara Drive intersection. Additionally, there is a center median and there is no entry from Positano Parkway into the neighborhood across the street. Therefore, there is little to encourage pedestrians to jaywalk across the street. Architecture The Planning Commission asked the applicant to add stone to the columns on the entry facade. The applicant has added stone veneer to the columns on the north and east elevations. It was also requested that the color scheme be “modernized”. The applicant has proposed a revised color scheme to address this concern. The proposed color pallet includes light trim color and beige base building color, complementing the dark roof tile and beige/gray stone around the building as shown in Figure 3 below. A color and material palette has been provided that illustrates the variety of colors and textures for the building. This materials board will be presented at the Planning Page 5 of 7 Commission meeting for review and consideration. Figure 3. Perspectives Landscape/Site Improvements The Planning Commission expressed concern about the loss of parkway landscaping along Positano Parkway due to the proposed driveway and sight visibility. The existing landscape parkway strip fronting the project site includes street trees and low lying vegetation. Since the proposed driveway on Positano Parkway is for Emergency Vehicle Access only and the existing landscaping is low lying, no additional landscaping will be removed except that to accommodate the actual driveway. One o r two trees within the landscape parkway strip and two trees located behind the sidewalk will be removed to install the emergency vehicle access driveway on the Positano Parkway frontage. One tree in the landscape parkway strip on West Cantara Drive will b e removed to install that driveway. The applicant is proposing to use sod in place of hydro seed at the playground area to address a concern by the Planning Commission. Signage The Planning Commission requested that the applicant utilize modest signs, including a low-profile monument sign and small wall sign. All signs will be reviewed separately through a building permit to make sure that they comply with the City’s Zoning Ordinance. Staff will work with the applicant to make sure the monument and wa ll signs on the site are smaller than what is allowed in the Zoning Ordinance to minimize the visual impact (Attachment 4, Condition #19). A resolution approving the Site Plan Review Permit to construct the daycare center and community center is included as Attachment 4, with the project plans attached as Page 6 of 7 Attachment 5. A conceptual rendering of the play yard is included as Attachment 6. A resolution approving the Conditional Use Permit to amend the Planned Development Zoning Stage 2 Development Plan is included as Attachment 7 with the proposed development standards included as Attachment 8. A resolution approving the Minor Use Permit is included as Attachment 9. ENVIRONMENTAL REVIEW The project is located within the Fallon Village project, which was the subject of the Fallon Village Project Supplemental Environmental Impact Report (EIR). The EIR supplemented the Eastern Dublin EIR which was certified by the City Council on May 10, 1993 (SCH # 91103064, Resolution No. 51-93). In 2002, a Supplemental EIR (SCH # 2001052114, Resolution No. 40-02) was completed for the Eastern Dublin Specific Plan to analyze new information and changed circumstances since the 1993 EIR. Supplemental mitigation measures were adopted. Another Supplemental EIR (SCH # 2005062010, Resolution No. 222-05) was adopted on December 6, 2005, as part of the Fallon Village project. The project had proposed some additional residential and commercial development beyond the 2002 approvals and adjusted some of the land use designation boundaries throughout the project area. The Final Supplemental EIR was a supplement for both the 1993 and 2002 EIRs. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to dete rmine if another environmental document should be prepared. The project includes a proposal for a daycare and community center on a Semi-Public site, which has been analyzed for potential environmental factors in the previous Supplement EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. NOTICING REQUIREMENTS/PUBLIC OUTREACH In accordance with the City’s policy, the Applicant installed a Planning Application Notice Sign along the project frontages. The sign includes details about the project and how to find out more information. The project is also included on the City’s Project Development Website. A notice of this public hearing, and the previous public hearing on February 13, 2018, was mailed to all property owners and occupants within 300 -feet of the proposed project, including the Homeowner’s Association. The Public Notice was also published in the East Bay Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant. The Staff Report for this public hearing was also available on the City’s website. ATTACHMENTS: 1. Planning Commission Staff Report dated February 13, 2018 without attachments Page 7 of 7 2. Planning Commission Meeting Minutes dated February 13, 2018 3. Applicant's Written Statement 4. Resolution Approving a Site Development Review Permit for the Safari Kid Daycare and Community Center 5. Exhibit A to Attachment 4 - Project Plans 6. Exhibit B to Attachment 4 - Conceptual Renderings of Outdoor Play Structures 7. Resolution Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning 8. Exhibit A to Attachment 7 - Development Standards 9. Resolution Approving a Minor Use Permit for Shared Parking k"-Vylf, PLANNING COMMISSION MINUTES Tuesday, February 73, 2078 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, February 18, 2018, in the City Council Chamber. The meeting was called to order at 7:010 PM., by Commission Chair Mittan. 1. Call to Order and Pledge of Allegiance Attendee Name Title Status Scott Mittan Commission Chair ! Present Tara Bhuthimethee Commission Vice Chair Present Am it Kothari Planning Commissioner Present Samir Qureshi Planning Commissioner Present Ste henWri ht Plannin Commissioner Present 2. Oral Communications 2.1. Elect 2018 Planning Commission Chair and Vice Chair. The Planning Commission elected Commissioner Bhuthimethee as the 20118 Commission Chair for the Planning Commission. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Samir Qureshi, Planning Commissioner SECOND: Amit Kothari, Planning Commissioner AYES: Wright, Mittan, Bhuthimethee The Planning Commission elected Commissioner Wright as the 2018 Commission Vice Chair for the Planning Commission. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Samir Qureshi, Planning Commissioner SECOND: Amit Kothari, Planning Commissioner AYES: Wright, Mittan, Bhuthimethee 2.2. Public Comment No public comments were made. Planning Commission octo6er 24, 2017 P'fgurar Meeting Vag e I 1 3. Consent Calendar 3.1. Approval of the Minutes of the January 23, 2018 Planning Commission Meeting. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Stephen Wright, Planning Commissioner SECOND: Samir Qureshi, Planning Commissioner AYES: Kothari, Bhuthimethee, Mittan 4. Written Communication - Done. 5. Public Hearing 5.1. PUBLIC HEARING: Safari Kid Daycare Center —Site Development Review, Conditional Use Permit and Minor Use Permit (PLPA- 2017 - 00050) Mandy Kang, Senior Planner, made a presentation and responded to questions posed by the Commission. Jeff Baker, Assistant Community Development Director, responded to questions posed by the Commission. Jeff Antrim, President of Proforma Construction, made a presentation and responded to questions posed by the Commission. Jason Voorhees, Architect with Perkins, Williams & Cotterill Architects, made a presentation and responded to questions posed by the Commission. Manoj Vuriti, Project Applicant, made a presentation. Mark McClellan, P.E., Operations Manager for Mackay & Somps Civil Engineers, Inc., responded to questions posed by the Commission. Commission Chair Bhuthimethee opened the public hearing. Christine Lillie provided public comment. Commission Chair Bhuthimethee closed the public hearing. T and inn commission C],- t.o6er 24, 2017 ftguhr96eting �p a g 6 12 Commissioner Mittan made a motion to approve the item with conditions. The motion was seconded by Commission Chair Bhuthimethee, and by a 2 -3 vote (Commission Vice Chair Wright, Commissioner Kothad and Commissioner Qureshi voting No), the motion failed. Commission Chair Bhuthimethee re- opened the public hearing. Jeff Antrim, President of Proforma Construction, addressed the Commission. Commission Chair Bhuthimethee closed the public hearing. On a motion by Commissioner Kothari, seconded by Commissioner Qureshi, and by a 3 -2 vote (Commissioner Mittan and Commission Chair Bhuthimethee voting against), the Planning Commission continued the public hearing so that Staff and the applicant work together on the following issues:. • Address the feedback from the Planning Commission and revise the project plans to address project circulation and pedestrian and traffic safety concerns. • Incorporate enhanced paver treatment at driveway entries and the building entry. • Identify number of trees and shrubs that will be removed as a result of the driveway on Positano Parkway. + Applicant shall match the style of new curb cuts in driveways of the proposed project to those of the surrounding community. • Include additional stone veneer on entry columns. Present a more modern color scheme, which compliments and/or enhances the surrounding neighborhood. • Incorporate more modest signs which may include a low profile monument sign and a smaller wall sign. : Use a sod material in the playground areas in place of the proposed hydro seed. Tfartrt ue Commission Qtto&rR, 2017 ftufarMeeting T a g e 13 5.2. PUBLIC HEARING: Zeiss Innovation Center - Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan and Site Development Review Permit (PLPA -2017- 04025) Martha Battaglia, Associate Planner, made a presentation and responded to questions posed by the Commission. Ben Tranel, Principal at Gensler, made a presentation and responded to questions posed by the Commission. Marcel Wilson, Landscape Architect at Bionic, made a presentation. Dr. Matthias Ismael, Project Applicant at Zeiss, responded to questions posed by the Commission. Caroll Crump, Senior Associate and Senior Project Manager at Gensler, responded to questions posed by the Commission. Tim Cremin, City Attorney, responded to questions posed by the Commission Commissioner Bhuthimethee opened the public hearing. Christina Caro provided public comment and submitted a comment letter into the record regarding the Supplemental Mitigated Negative Declaration. Rebecca Davis provided public comment and submitted a comment letter into the record regarding the Supplemental Mitigated Negative Declaration. Commissioner Bhuthimethee closed the public hearing. On a motion by Commissioner Quereshi, Seconded by Commission Vice Chair Wright, and by unanimous vote, the Planning Commission adopted the following resolutions. RESOLUTION NO. 18 — 02 RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A SUPPLEMENTAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ZEISS INNOVATION CENTER PROJECT Tlannirq Commassion October24, 2017 Wsgular -Wee t i ng Tag e 4 RESOLUTION NO. 18 — 03 RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE ZONING MAP AND APPROVE A PLANNED DEVELOPMENT ZONING DISTRICT WITH A RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR THE ZEISS INNOVATION CENTER PROJECT (PLPA 2017 - 00025) RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR PHASE 1 OF THE ZEISS INNOVATION CENTER PROJECT (PLPA 2017 - 00025) 6. Unfinished Business — None. 7. New Business — None. 8. Other Business — Brief information only reports from Planning Commission and/or Staff, including committee reports and reports by Planning Commission related to meetings attended at City expense (AB1234). Mr. Baker reminded the Planning Commissioners about the upcoming League of California Cities Annual Planning Commissioners Academy that will be held from April 4 to 6 in Monterey, California, and requested that they confirm if they would like to attend the conference so that we can make their arrangements. Commission Vice Chair Wright asked Mr. Baker how the commissioners can move forward their ideas and concerns regarding the tools used by the City to provide public notices. Mr. Baker noted that the City's public notice practices are directed by State Law, direction from the City Council and the Communications Office within the City Manager's {office, and that the Commissioners concerns will be noted in the minutes and meeting video record. 9. Adiournment The meeting was adjourned by Commission Chair Bhuthimethee at 11:09 p.m. 4faan* Commission October-24, 2017 ftgufar 941 eding (Page 15 Respectfully submitted, Planning lZbmmission Chair QOM -15 T ith xpw 4 Jeff Baker Assistant Community Development Director Pi2mning COMMIT nr n Orto6er-24, 2017 guar Mcetiree T, a E e 16 PLANNING COMMISSION MINUTES Tuesday, April 10, 2018 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, April 10, 2018, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Commission Chair Bhuthimethee. 1. Call to Order and Pledge of Allegiance Attendee Name Title Status Tara Bhuthimethee Commission Chair Present Stephen Wright Commission Vice Chair Absent Am it Kothari Planning Commissioner Present- Sam ir Qureshi Planning Commissioner Present Scott Mittan Planning Commissioner _ Present 2. Oral Communications 2.1 Public Comment No public comments were made. 3. Consent Calendar 3.1. Approval of the Minutes of the March 27, 2018 Planning Commission Meeting. RESULT: MOVED BY: SECOND: AYES: ABSENT: ADOPTED [UNANIMOUS] Samir Qureshi, Planning Commissioner Scott Mittan, Planning Commissioner Bhuthimethee, Mittan, Kothari, Qureshi Stephen Wright, Commission Vice Chair 4. Written Communication - None. 5. Public Hearing 5.1. PUBLIC HEARING: Safari Kid Daycare Center —Site Development Review, Conditional Use Permit and Minor Use Permit (PLPA- 2017 - 00050) Mandy Kang, Senior Planner, made a presentation and responded to questions posed by the Commission. Obaid Khan, Transportation and Operations Manager, provided comment and responded to questions posed by the Commission. T(anning Commission Aprif10, 2018 ,RogufarMeeting Tag e I 1 Commission Chair Bhuthimethee opened the public hearing. Shahatka Mutacavi, representing the applicant, gave a presentation and answered questions posed by the Commission. Jason Voorhees, Architect with Perkins, Williams & Cotterill Architects, made a presentation and responded to questions posed by the Commission. Manoj Vuriti, Project Applicant, responded to questions posed by the Commission. Qiang Bin, Dublin resident, spoke in opposition of the project. Debbie Wagner, Dublin resident, spoke in opposition of the project. Mahnoor Shamrao, Dublin resident, spoke in opposition of the project. Judy Lee, Dublin resident, spoke in opposition of the project. Suresh Babu Adiserla, Dublin Resident spoke in favor of the project. Sunita Kulkarni, spoke in favor of the project. Kavitha Doppalapudi, Dublin Resident, spoke in favor of the project. Neha Nukala, spoke in favor of the project. Manav Babbar, Dublin Resident, spoke in opposition of the project. Srimathi Thiagarajan, Dublin Resident, spoke in opposition of the project. Asif Awan, Dublin Resident, spoke in opposition of the project. Sivaranjeet Gadi, Dublin Resident, spoke in opposition of the project. Srikanth Mandava, Dublin Resident, spoke in opposition of the project. Sishu Shankar, Dublin Resident, spoke in opposition of the project. Jeff Lawrence, Braddock and Logan, spoke in favor of the project. Sonny Adrobinack, Safari Kids Representative, spoke in favor of the project. Bashir Sarwary, Dublin Resident, spoke in opposition of the project. TPfcnrcing commission Ap;i(10, 2018 P,,-gulor 5rbeetirW Tag e 12 Gerald Soo Hoo, Dublin Resident, spoke in opposition of the project. Amit Jadhav, Dublin Resident, spoke in opposition of the project. Surender Kandakatla, Dublin Resident, spoke in opposition of the project. Jaisena Prasak, Dublin Resident, spoke in favor of the project. Kamwaljeet, Dublin Resident, spoke in opposition of the project. Vebhhav Singh, Dublin Resident, spoke in opposition of the project. Shirish Rai, Dublin Resident, spoke in opposition of the project. Chandra Sirapu, Project Applicant, addressed the Commission. Commissioner Bhuthimethee tallied the speaker slips for those that did not wish to speak. She confirmed that twelve were in favor and six were in opposition to the project. Commissioner Bhuthimethee closed the public hearing for deliberations. Jeff Baker, Assistant Community Development Director, responded to questions posed by the commission. Commissioner Qureshi made a motion to deny the project based on findings that he could not make in the affirmative and the motion was seconded by Commissioner Kothari. RESOLUTION NO. 18 -09 DENYING A SITE DEVELOPMENT REVIEW PERMIT FOR A 14,936 SQUARE FOOT BUILDING COMPRISED OF A 10,667 SQUARE FOOT CHILDCARE CENTER AND A 4,269 SQUARE FOOT COMMUNITY CENTER PLPA- 2017 -00050 RESOLUTION NO. 18 -10 DENYING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR THE SITE DESIGNATED AS SEMI - PUBLIC IN POSITANO PLPA- 2017 -00050 RESOLUTION NO. 18 -11 DENYING A MINOR USE PERMIT FOR SHARED PARKING BETWEEN THE 10,667 SQUARE FOOT DAYCARE AND THE 4,269 SQUARE FOOT COMMUNITY CENTER PLPA- 2017 -00050 Panning Commission Apri(10, 2018 fgufar Meeting T a 1 e 13 RESULT: DENIED [UNANIMOUS] MOVED BY: Samir Qureshi, Planning Commissioner SECOND: Amit Kothari, Planning Commissioner AYES: Bhuthimethee, Mittan, Kothari, Qureshi ABSENT: Stephen Wright, Planning Commissioner 6. Unfinished Business — None. 7. New Business 7.1 Boulevard Kristi Bascom, Consulting Planner with M- Group, made a presentation and responded to questions posed by the Commission. Commissioner Bhuthimethee opened the item for public comment. Joe Guerra, Applicant, Brookfield Residential Properties on behalf of Dublin Crossing, LLC, made a presentation and responded to questions posed by the Commission. Nicole Moore, Development Planning Manager, Brookfield Residential Properties, made a presentation to the Commission. Mandi Misasi, Project Manager, Lennar Homes, made a presentation to the Commission. Robert Lee, Architect, William Hezmalhalch /WHA Architects Inc., made a presentation to the Commission on Neighborhood 19. Emily Bonato, Architect, Dahlin Architecture Planning, made a presentation to the Commission on Neighborhood 20. Debra Feliz, Architect, Woodley Architectural Group, Inc., made a presentation to the Commission on Neighborhood 21, 22 and 23. Michael Stone, Architect, Bassenian and Lagoni Architects, made a presentation to the Commission on Neighborhood 24. Melonie O'Sullivan, Landscape Architect, Gates and Associates Landscape Architecture, made a presentation to the Commission. Francis Aneya, Dublin Resident, spoke in opposition of the project. Srikanth Mandava, Dublin Resident, spoke in opposition of the project. Parud commission Apr' 10, 208 Q;Euf0rm6ai;W Page 14 Joe Guerra, Project Applicant, addressed comments from the speakers and the Planning Commission. The Commission provided the applicant with feedback regarding the project. 8. Other Business — None. 9. Adjournment The meeting was adjourned by Commission Chair Bhuthimethee at 11:25 p.m. Respectfully submitted, Planning Commission Chair ATTEST: Jeff aker Assistant Community Development Director Planning Commission Apri(10, 2018 Wsgular 11feeting Page 1 S RESOLUTION NO. 18-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A SITE DEVELOPMENT REVIEW PERMIT FOR A 14,936 SQUARE FOOT BUILDING COMPRISED OF A 10,667 SQUARE FOOT CHILDCARE CENTER AND A 4,269 SQUARE FOOT COMMUNITY CENTER (APN 985-0073-005-00) PLPA-2017-00050 WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269 square foot community center located at the southwest corner of Positano Parkway and West Cantara Drive in Positano; and WHEREAS, the application includes a Site Development Review, Minor Use Permit for shared parking, and a Conditional Use Pe rmit to establish development standards in the Planned Development Zoning; and WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific Plan land designation of Semi-Public; and WHEREAS, projects that are denied are exempt from environmental review pursuant to Section 15061 (b)(4) of the California Environmental Quality Act; and WHEREAS, the Planning Commission held a public hearing on the said application on February 13, 2018, at which time the interested parties had the opportunity to be heard and at which time the Planning Commission continued the public hearing so that staff and the applicant could address concerns raised by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on the said application on April 10, 2018, at which time the interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, a Staff Report dated April 10, 2018, was submitted recommending that the Planning Commission approve a Site Development Review Permit for the proposed project; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the proposed Site Development Review for the Safari Kid Daycare and the Community Center building: 2 of 2 A. The subject site is not suitable for the type and intensity of the approved development because: 1) Positano Parkway does not have the adequate capacity to serve the additional traffic that would be generated by the proposed project; and 2) The increased number of automobile trips from the proposed project pose safety concerns. B. The site has not been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: the development of this project on this particular property will increase traffic and automobiles in the area which will cause additional traffic in an already congested area , increasing safety concerns for existing residents whether they are walking, bicycling or driving. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby denies the Site Development Review Permit for the Safari Kid Daycare and Community Center. DENIED AND ADOPTED this 10th day of April 2018 by the following vote: AYES: Bhuthimethee, Mittan, Kothari, Qureshi NOES: ABSENT: Wright ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director RESOLUTION NO. 18-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR THE SITE DESIGNATED AS SEMI-PUBLIC IN POSITANO (APN 985-0073-005-00) PLPA-2017-00050 WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269 square foot community center located at the southwest corner of Positano Parkway and West Cantara Drive in Positano; and WHEREAS, the application includes a Site Development Review, Minor Use Permit for shared parking, and a Conditional Use Permit to establish development standards in the Planned Development Zoning; and WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific Plan land designation of Semi-Public; and WHEREAS, the site has Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 33-05); and WHEREAS, the General Plan and Eastern Dublin Specific Plan land use designat ion of Semi-Public permits a mix of uses consistent with the Stage 1 and 2 Development Plan for Fallon Village; and WHEREAS, the Stage 1 and 2 Development Plans for Fallon Village allow a daycare and community center as a permitted use ; and WHEREAS, projects that are denied are exempt from environmental review pursuant to Section 15061 (b)(4) of the California Environmental Quality Act; and WHEREAS, the Planning Commission held a public hearing on the said application on February 13, 2018, at which time the interested parties had the opportunity to be heard and at which time the Planning Commission continued the public hearing so that staff and the applicant could address concerns raised by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on the said application on April 10, 2018, at which time the interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, a Staff Report dated April 10, 2018, was submitted recommending that the Planning Commission approve a Conditional Use Permit for the proposed project; and 2 of 2 WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the proposed Conditional Use Permit for the Safari Kid Daycare and the Community Center building: A. The project will adversely affect the health or safety of persons residing or working in the vicinity, and be detrimental to the public health, safety and welfare because: the proposed project will increase traffic in the area. B. There are not adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: the roadway network is not adequate to serve the traffic generated by the proposed project. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby deny the Conditional Use Permit for a minor amendment to the Planned Development Zoning Stage 2 Development Plan (Ordinance No. 33 -05) for the Safari Kid Daycare and Community Center project. DENIED AND ADOPTED this 10th day of April 2018 by the following vote: AYES: Bhuthimethee, Mittan, Kothari, Qureshi NOES: ABSENT: Wright ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director RESOLUTION NO. 18-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A MINOR USE PERMIT FOR SHARED PARKING BETWEEN THE 10,667 SQUARE FOOT DAYCARE AND THE 4,269 SQUARE FOOT COMMUNITY CENTER (APN 985-0073-005-00) PLPA-2017-00050 WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269 square foot community center located at the southwest corner of Po sitano Parkway and West Cantara Drive in Positano; and WHEREAS, the application includes a Site Development Review, Minor Use Permit for shared parking, and a Conditional Use Permit to establish development standards in the Planned Development Zoning; and WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific Plan land designation of Semi-Public; and WHEREAS, the site has Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 33-05); and WHEREAS, projects that are denied are exempt from environmental review pursuant to Section 15061 (b)(4) of the California Environmental Quality Act; and WHEREAS, the proposed project will include 88 parking stalls which would accommodate either a daycare or community center use independently, and the two uses will not have operational hours that overlap; and WHEREAS, the Planning Commission held a public hearing on the said application on February 13, 2018, at which time the interested parties had the opportunity to be heard and at which time the Planning Commission continued the public hearing so that staff and the applicant could address concerns raised by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on the said application on April 10, 2018, at which time the interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, a Staff Report dated April 10, 2018, was submitted recommending that the Planning Commission approve a Minor Use Permit for the proposed project; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. 2 of 2 BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the proposed Minor Use Permit for shared parking between the Safari Kid Daycare and the Community Center building: A. The proposed use and related structures are not compatible with other land uses, transportation and service facilities in the vicinity because: the location of the project site is not well suited for this type of use because existing roadways cannot adequately serve the site. B. It will adversely affect the health or safety of persons residing or working in the vicinity, and be detrimental to the public health, safety and welfare because: the project will increase traffic in the area. C. There are not adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: the roadway network is not adequate to serve the traffic generated by the proposed project. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby deny the Minor Use Permit for shared parking between the Safari Kid Daycare and the Community Center project. DENIED AND ADOPTED this 10th day of April 2018 by the following vote: AYES: Bhuthimethee, Mittan, Kothari, Qureshi NOES: ABSENT: Wright ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director April 20, 2018 Jeff Baker, Assistant Community Development Director Community Development Department, Planning Division City of Dublin 100 Civic Plaza DUBLIN, CA 94568 SUBJECT: Appeal to the City Council regarding Planning Commission Decision REFERENCE: Appealable Action Letter, dated April 13, 2018 PROJECT: PLPA- 2017 -00050 Safari Kid SDR, CUP and MUP PROJECT /SITE ADDRESS: Positano Parkway & W Cantara Drive (APN: 985 - 0073 - 005 -00) Dear Mr. Baker, CITY OF DUBLIN CITY We are writing to appeal against the decisions made by the Planning Commission in the following three resolutions denying the approval of the above referenced project. • RESOLUTION NO. 18 -09 DENYING A SITE DEVELOPMENT REVIEW PERMIT FOR A 14,936 SQUARE FOOT BUILDING COMPRISED OF A 10,667 SQUARE FOOT CHILDCARE CENTER AND A 4,269 SQUARE FOOT COMMUNITY CENTER • RESOLUTION NO. 18 -10 DENYING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR THE SITE DESIGNATED AS SEMI - PUBLIC IN POSITANO • RESOLUTION NO. 18 -11 DENYING A MINOR USE PERMIT FOR SHARED PARKING BETWEEN THE 10,667 SQUARE FOOT DAYCARE AND THE 4,269 SQUARE FOOT COMMUNITY CENTER We believe that the Planning Commission acted unfairly against our project and did not consider the facts and evidence presented by the City Staff and the Applicant. The Planning Commission determined, without any facts or data that there was "inadequate traffic capacity to serve the proposed project" and "inadequate public utilities" to serve the site. The project is fronted on two public roads, Positano Parkway and W. Cantara Drive. Both of the streets were designed to serve the project and have adequate traffic capacity as determined by the Traffic Study prepared by TJKM, Traffic Consultants. Contrary to the findings made by the Planning Commission, the project site has all utilities located on -site, including sewer, storm water, potable water, recycled water, cable, electrical, and phone service. Finally, the site was improved as part of the larger Positano Project, the topography is flat and is located entirely on engineered fill designed for such a project. The proposed project was reviewed by all relevant City Departments and outside agencies and found in conformance with all relevant codes, policies, ordinances and regulations. The Planning Commission ignored the fact the site was designated by the City as Semi - Public as part of the original City approvals which occurred in 2005. The use associated with Safari Kids project is principally permitted by the Stage 2 Zoning adopted by the City Council in 2005. The proposed project is both consistent with the adopted Stage 1 and 2 Planned Development Zoning of PD Semi - Public and the General Plan designation of Semi - Public adopted for the site. In addition, the City of Dublin adopted a "Semi- Public Policy" back in 2004, which stated that Semi - Public Facilities included uses such as the proposed project. The Semi - Public facilities policy went on to state that these types of uses are necessary to "create a greater sense of community and to recognize and anticipate the different needs of Dublin residents ". The proposed Safari Kids project is precisely the type of project the Council had in mind when it crafted the Semi - Public Policy and resultant land use designation. Finally, additional material will be submitted prior to the City Council hearing that will provide evidence that a denial of the proposed Safari Kids project would constitute an inverse condemnation action by the City. Other constitutional violation claims will also be pursued including violation of Due Process and Equal Protection. We will demonstrate that a denial of Safari Kids project would be arbitrary and capricious and therefore not a proper exercise of police power by the City. We were very disappointed by the action of the Planning Commission, the lack of order at the meeting prevented residents in favor of the project from speaking by the aggressive and unchecked actions by several outspoken members of the public. We strongly disagree with the findings cited in the denial resolutions. We request you to process our appeal to be heard by the City Council at the earliest date possible. Please let us know if you need further information. Sincerely Chandra Sirapu Applicant May 2, 2018 Rcelye Jeff Baker, Assistant Community Development Director 4lgy'02 2018 Community Development Department, Planning Division ��Y o City of Dublin 1ANVVING 100 Civic Plaza DUBLIN, CA 94568 SUBJECT: Request to extend the City Council hearing date to June 19, 2018 REFERENCE: Applicant's Appeal to the City Council dated 20th April 2018 PROJECT: PLPA- 2017 -00050 Safari Kid SDR, CUP and MUP PROJECT /SITE ADDRESS: Positano Parkway & W Cantara Drive (APN: 985 - 0073 - 005 -00) Dear Mr. Baker, Thank you for considering our request to appeal to the City Council for the above referenced project. We understand that the Dublin Municipal Code (Section 8.136.060.A) requires that the City Council hold a hearing within 45 days and make a final decision within 75 days of the appeal filing date. We are working diligently towards presenting evidence and information that will address questions that the Council may entertain at the meeting and respectfully request a Continuance of the Hearing to the June 19th City Council meeting date so we can adequately prepare for that meeting. Please confirm at your first opportunity. Sincerely Chandra Sirapu f Applicant RESOLUTION NO. XX-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING THE PLANNING COMMISSION’S DECISION AND APPROVING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR THE SITE DESIGNATED AS SEMI-PUBLIC IN POSITANO (APN 985-0073-005-00) PLPA-2017-00050 WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269 square foot community center located at the south west corner of Positano Parkway and West Cantara Drive in Positano; and WHEREAS, the application includes a Site Development Review Permit, Minor Use Permit for shared parking, and a Conditional Use Permit to establish development standards in the Planned Development Zoning; and WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific Plan land designation of Semi-Public; and WHEREAS, the site has Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 33-05); and WHEREAS, the General Plan and Eastern Dublin Specific Plan land use designation of Semi-Public permits a mix of uses consistent with the Stage 1 and 2 Development Plan for Fallon Village; and WHEREAS, the Stage 1 and 2 Development Plan s for Fallon Village allow a daycare and community center as a permitted use ; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) (SCH# 91103064) approved on May 10, 1993, a Supplemental EIR for the Eastern Dublin Properties annexation and prezoning project (SCH# 2001052114) approved for the project site by the City Council on April 2, 2002, and a Supplemental EIR (SCH #2005062010) approved for the project site by the City Council on December 6, 2005. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if another environmental document should be prepared. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and 2 of 6 WHEREAS, the proposed Planned Development Zoning Stage 2 Development Plan Amendment, attached as Exhibit A, to this Resolution details the proposed minor amendments to the development plan, including development standards and hours of operation; and WHEREAS, the Planning Commission held a public hearing on the said application on February 13, 2018, at which time the Planning Commission continued th e public hearing so that staff and the applicant could address concerns raised by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on the said application on April 10, 2018, at which time the interesting parties had the opportunity to be heard; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Conditional Use Permit for the project; and WHEREAS, the Planning Commission adopted Resolution 18 -10 denying the Conditional Use Permit; and WHEREAS, the Planning Commission adopted resolutions denying the companion Site Development Review Permit and Minor Use Permit; and WHEREAS, the Applicant, appealed the action of the Planning Commission in accordance with Dublin Municipal Code Chapter 8.136; and WHEREAS, the applicant waived the requirement of the Public Hearing to be scheduled within 45 days of the filing of the appeal; and WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning Commission; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluat e the project; and WHEREAS, a Staff Report, dated June 19, 2018 and incorporated herein by reference, described and analyzed the proposed Safari Kid Daycare and Community Center Project; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the following findings and determinations regarding the proposed Conditional Use Permit for the Safari Kid Daycare and the Community Center building: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the daycare and community center will help serve the neighborhood for daycare needs and community events; 2) the Project site is well suited for this type of use; and 3) the project provides an orderly, 3 of 6 attractive and harmonious development compatible with the site’s surrounding properties; 4) The building location, on-site circulation, parking, architecture and landscaping are designed in an efficient manner; and 5) the project utilizes a similar material palette with colors and materials that are similar to the homes in the surrounding area; and B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project will conform to all applicable regulations contained in the General Plan, Eastern Dublin Specific Plan, Zoning Ordinance, and Planned Development Zoning, as amended ; and 2) Conditions of Approval have been applied to the Project to ensure o n-going compatibility with the Project’s surroundings. C. It will not be injurious to property or improvements in the neighborhood in that : a daycare and community center are consistent with the intent of the Stage 1 and 2 Development Plans for this site. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) vehicular access to the site will be available from W. Cantara Dr. after the driveway on W. Cantara Dr. is moved further east ; 2) the Project frontage along both roads is fully improved with a sidewalk that provides pedestrian access to the Project; and 3) the Project will be served by existing public utilities and services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the project is consistent with the General Plan and the Eastern Dublin Specific Plan land use designation of Semi -Public; 2) the project site has Planned Development Zoning which allows for a daycare and community center under the Stage 1 and 2 Development Plans; and 3) the proposed project falls within the allowed building area for the site. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the project is consistent with development standards established in the Planned Development Zoning Stage 1 and 2 Development Plans, as amended, for this site; and 2) the Project site is well suited for a daycare and community center. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: the Project site has a General Plan and Eastern Dublin Specific Plan designation of Semi-Public and Planned Development Zoning with a Stage 1 and 2 Development Plan which allows for a daycare and community center. H. That the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site: the amendment allows for further clarification regarding development standards, operating hours and outdoor activity which were not specified in the Planned Development without materially changing what was previously approved. 4 of 6 BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby reverses the Planning Commission’s decision and approve the Conditional Use Permit for a minor amendment to the Planned Development Zoning Stage 2 Development Plan (Ordinance No. 33-05) the Safari Kid Daycare and Community Center project, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING 1. Approval. This Conditional Use Permit (CUP) approval (PLPA- 2017-00050) is for a minor amendment to the Planned Development Zoning Stage 2 Development Plan for the site designated as Semi-Public in Positano (APN: 985-0073-005-00) (Ordinance No. 33-05), to establish development standards and hours of operation as shown in Exhibit A to this resolution. PL Ongoing 2. Effective Date. This CUP approval becomes effective 10 days after action by the Planning Commission unless otherwise appealed to the City Council. PL Ongoing 3. Compliance. The Applicant/Property Owner shall operate this use in compliance with the Conditions of Approval of this CUP, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL On-going 4. Revocation of Permit. The CUP approval 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. PL On-going 5. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 5 of 6 6. Required Permits. Applicant/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 Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance and Grading Permit Issuance 7. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact 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. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 8. Indemnification. The Applicant/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 Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 9. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. PL, PW On-going PASSED, APPROVED AND ADOPTED this 19th day of June 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 6 of 6 Mayor ATTEST: ________ City Clerk 1 EXHIBIT A Stage 2 Development Plan Amendment Site: Semi-Public in Positano (APN: 985-0073-005-00) 1. Compliance with Stage 1 & 2 Development Plans. This minor amendment to the Stage 2 Development Plan is to amend the previously adopted Stage 2 Development Plan (Ordinance No. 33-05) as shown below. Other than the proposed changes listed below, the provisions of the Stage 1 and 2 Development Plans remain as originally adopted. 2. Development Regulations. The following development regulations apply to this site: Maximum Building Height 25 feet Minimum Setbacks Along Positano Pkwy: 20 feet Along West Cantara Dr: 20 feet Adjacent to Residential Properties (South & Southeast): 40 feet Adjacent to Vacant Land (Southwest): 40 feet 3. Hours of Operation-Daycare and Community Center. The operation of a daycare center or a community center shall be limited for use during the following hours: Day Time Monday-Thursday 6:30 a.m.-8 p.m. Friday 6:30 a.m.-10 p.m. Saturday 8 a.m.-10 p.m. Sunday 8 a.m.-8 p.m. 4. Outdoor Activity. Outdoor activities, including use of the play equipment, shall be limited to the hours of 9 a.m. and 6 p.m. Monday through Friday. The play equipment shall only be used by the daycare center. RESOLUTION NO. XX-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING THE PLANNING COMMISSION’S DECISION AND APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR A 14,936 SQUARE FOOT BUILDING COMPRISED OF A 10,667 SQUARE FOOT CHILDCARE CENTER AND A 4,269 SQUARE FOOT COMMUNITY CENTER (APN 985-0073-005-00) PLPA-2017-00050 WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269 square foot community center located at the southwest corner of Positano Parkway and West Cantara Drive in Positano; and WHEREAS, the application includes a Site Development Review Permit, Minor Use Permit for shared parking, and a Conditional Use Permit to establish development standards in the Planned Development Zoning; and WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific Plan land designation of Semi-Public; and WHEREAS, the site has Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 33-05); and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) (SCH# 91103064) approved on May 10, 1993, a Supplemental EIR for the Eastern Dublin Properties annexation and prezoning project (SCH # 2001052114) approved for the project site by the City Council on April 2, 2002, and a Supplemental EIR (SCH #2005062010) was approved for the project site by the City Council on December 6, 2005. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if another environmental document should be prepared. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and WHEREAS, the Site Development Review Permit Project Plan Set, attached as Exhibit A, to this Resolution illustrates the proposed site layout, driveway and parking circulation system, building architecture, access to public streets, and landscaping for the proposed project; and WHEREAS, the Planning Commission held a public hearing on the said application on February 13, 2018, at which time the Planning Commission continued the public hearing so that staff and the applicant could address concerns raised by the Planning Commission; and 2 of 24 WHEREAS, the Planning Commission held a public hearing on the said application on April 10, 2018, at which time the interesting parties had the opportunity to be heard; and WHEREAS, the Planning Commission adopted Resolution 18 -09 denying the Site Development Review Permit; and WHEREAS, the Planning Commission adopted resolutions denying the companion Conditional Use Permit and Minor Use Permit; and WHEREAS, the Applicant, appealed the action of the Planning Commission in accordance with Dublin Municipal Code Chapter 8.136; and WHEREAS, the applicant waived the requirement of the Public Hearing to be scheduled within 45 days of the filing of the appeal; and WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning Commission; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and WHEREAS, a Staff Report, dated June 19, 2018 and incorporated herein by reference, described and analyzed the proposed Safari Kid Daycare and Community Center Project; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the following findings and determinations regarding the proposed Site Development Review Permit for the Safari Kid Daycare and the Community Center building: A. The proposal is consistent with the purposes of Title 8, with the General Plan and any applicable Specific Plans and design guidelines because : 1) The project is in compliance with the development standards of the Stage 1 and 2 Development Plan for the Fallon Village Project 2) the project is consistent with the General Plan and Eastern Dublin Specific Plan land use of Semi -Public which permits a community center and daycare; 3) the project provides an orderly, attractive and harmonious development compatible with the site’s surrounding properties; and 4) the building location, on-site circulation, parking, architecture and landscaping are designed in an efficient manner. B. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the design of the 3 of 24 proposed building and associated improvements provides for a seamless transition with the surrounding residential properties; 2) the proj ect utilizes a similar material palette with colors and materials that are similar to the homes in the surrounding area; and 3) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan. C. The subject site is suitable for the type and intensity of the approved development because: 1) the project consists of a daycare and community center which is an allowed use under the Stage 1 and 2 Development Plan for the site; 2) the project is in conformance with the design requirements of the Planned Development Zoning District, the General Plan, and the Eastern Dublin Specific Plan; 3 ) the project site will be fully served by existing infrastructure, services, and facilities; and 4) the proposed building size and configuration would not exceed the allowable building area or create adverse conditions on-site or for surrounding properties. D. Impacts to existing slopes and topographic features are addressed because : 1) the project site is generally flat; and 2) landscaping along the street frontage and throughout the project will be complete. E. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the proposed building reflects a similar and compatible architectural style and development pattern of the surrounding residential buildings; 2) the materials proposed will be high-quality and long-lasting; and 3) the color and materials proposed are appropriate for the California contemporary architectural design proposed for the project. F. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the landscaping and hardscape are designed throughout the site to complement the architecture of the building; and 2) the project is also required to conform to the requirements of the State’s Water Efficient Landscape Ordinance. G. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) the proposed layout of the parking area has been reviewed for safety and adequate circula tion; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby reverses the Planning Commission’s decision and approves the Site Development Review Permit for the Safari Kid Daycare and Community Center as shown on the project plans dated February 21, 2018 and included as Exhibit A, subject to the following conditions: CONDITIONS OF APPROVAL 4 of 24 Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING 1. Approval. This Site Development Review (SDR) approval is for the Safari Kid Daycare and Community Center located at Positano Parkway and Cantara Drive (APN: 985-0073-005-00) within the Eastern Dublin Specific Plan Area (PLPA-2017-00050). The SDR approval is for a 14,869 square foot building comprised of a 10,667 square foot childcare center and a 4,269 square foot multipurpose room that will be open for rent to the community, and associated site and landscape improvements. This approval shall be as generally depicted and indicated on the project plans, attached to this Resolution as Exhibit A, prepared by Perkins, Williams & Cotterill Architects dated February 21, 2018, on file in the Community Development Department, and other plans, text, color and materials boards relating to this Project and as specified by the following Conditions of Approval for this project. PL Ongoing 2. Effective Date. This SDR approval becomes effective 10 days after action by the Planning Commission unless otherwise appealed to the City Council, and approval of the companion Conditional Use Permit amending the Planned Development Zoning to established development standards. PL Ongoing 3. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the SDR shall lapse and become null and void. 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 the Zoning Ordinance. PL One Year After Effective Date 4. Time Extension. The original approving decision-maker may, upon the Applicant’s written request for an extension of approval prior to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. PL Prior to Expiration Date 5. Revocation of Permit. The SDR approval 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 PL On-going 5 of 24 shall be subject to citation. 6. Compliance. The Applicant/Property Owner shall operate this use in compliance with the Conditions of Approval of this Site Development Review Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL On-going 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 8. Required Permits. Applicant/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 Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance and Grading Permit Issuance 9. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact 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. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 10. Indemnification. The Applicant/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 Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 11. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the PL, PW On-going 6 of 24 authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be responsible for clean-up & disposal of project related trash to maintain a safe, clean and litter-free site. PL On-going 13. Modifications. Modifications or changes to this SDR approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104 of the Zoning Ordinance. PL On-going 14. Equipment Screening. All electrical equipment, fire risers, and/or mechanical equipment shall be screened from public view by landscaping and/or architectural features. Any roof-mounted equipment shall be completely screened from adjacent street view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. PL Building Permit Issuance 15. Site Lighting. Site lighting shall specify the color, finish, height and method to shield light of light fixtures to the satisfaction of the City. PL Building Permit Issuance 16. Temporary Promotional Banners and Balloons. Temporary Promotional Banner Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. All temporary on-site signage shall be subject to the sign regulations contained in the City of Dublin Zoning Ordinance. PL On-going 17. Bicycle Parking. Provide bicycle parking details for both short and long term parking that would show all offsets from adjacent buildings, curbs and structures. PL Building Permit Issuance 18. Construction Trailer. The Applicant/Developer shall obtain a Temporary Use Permit prior to the establishment of any construction trailer, storage shed, or container units on the Project site. PL Establishment of the Temporary Use 19. Signage. If a monument sign is proposed, it shall be designed in a manner that is sensitive to the surrounding area. Any wall sign shall be smaller than what would be allowed in the City of Dublin Zoning Ordinance to minimize the visual impact. PL Building Permit Issuance 20. Site Development Review Waiver for Playground. A Site Development Review Waiver shall be required the playground equipment prior to equipment installation. PL Building Permit Issuance 21. Public Art. The Applicant/Developer intends to make a monetary contribution to the City in-lieu of acquiring and installing a public art project in accordance with Chapter 8.58 of the Dublin Municipal Code. The payment shall be equal or exceed 0.5% of the building valuation (exclusive of land) for the community center portion of the Project. The Building Official will determine the building valuation at the time of Plan Check submittal for the first PL Building Permit Issuance 7 of 24 building permit on site. PLANNING - LANDSCAPE 22. Final Landscape and Irrigation Plan. Plans shall comply with Chapter 8.72 of the Zoning Ordinance and be generally consistent with the project plans attached to this Resolution as Exhibit A and dated February 21, 2018. A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. The landscape plans shall be prepared on an accurately surveyed topographic plan consistent with the architectural, site and civil plans and show location of utilities including street lights, fire hydrants, drain inlets, water meters, vaults, and transformers including locations of underground utilities including water, sewer and storm drain. Landscape and irrigation plans shall provide for a recycled water system. P Approval of Final Landscape Plans 23. Site Improvements & Amenities. Site improvements and amenities, including light fixtures, shown on the landscape plans shall be clearly identified to include materials, colors, and finishes to the satisfaction of the Community Development Director and City Engineer. PL Approval of Final Landscape Plans 24. Water Efficient Landscaping Regulations. The Applicant/Developer shall meet all requirements of the State’s Model Water Efficient Landscape Ordinance (MWELO). PL Approval of Final Landscape Plans 25. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the State’s Model Water Efficient Landscape Ordinance (MWELO). PL, PW Approval of Final Landscape Plans 26. Sustainable Landscape Practices. The landscape design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning 60 points or more and meeting the 14 required practices in the Bay- Friendly Landscape Scorecard. PL Approval of Final Landscape Plans 27. Traffic Visibility Area. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction shall be over 30 inches in height above the nearest curb elevation shall be erected, placed, planted or allowed to grow within the Traffic Visibility Area. PL, PW Approval of Final Landscape Plans 28. Landscape Screening. Landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. Screening, including the screening of utility areas from roadways, shall conform to Chapter 8.72 of the Dublin Municipal Code. PL Approval of Final Landscape Plans 29. Landscape Edges. Concrete curbs or bands shall be used at the edges of all planters and paving surfaces. The design width and depth of the concrete edge to be to the satisfaction of the Community Development Director and City Engineer. PL, PW Approval of Final Landscape Plans 30. Landscape Borders. All landscaped areas in parking areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in PL, PW Approval of Final Landscape Plans 8 of 24 width curb to curb. 31. Mounds & Berms. Slopes of mounds and berms shall not exceed 3:1 ratio, or 3 feet in height. Slopes 6:1 and over shall be labelled and contours for berms, swales, drainage ponds, and water quality elements, etc. shall be shown on the landscape plans. PL Approval of Final Landscape Plans 32. Above Ground Utilities. Location of above ground utilities shall be shown and screened with landscape from roadways and walkways. PL Approval of Final Landscape Plans 33. Street Trees. Street tree species shall conform to City of Dublin Standard Plans and Chapter 8.72 of the Dublin Municipal Code. PL Approval of Final Landscape Plans 34. Street Light and Trees. Maintain approximately 15’ clearance between streetlights and street trees. Where such clearance is not practical for design considerations, the spacing between the trees shall be increased and the size of the tree shall be increased to 36” box minimum to reduce conflict between the lighting and foliage. PL Approval of Final Landscape Plans 35. Landscape Maturity. The landscape plans shall show plants at the mature size and spaced to accommodate minimum spread adjacent to buildings, sidewalks, roads or other obstructions. In addition, plants shall be spaced to fill in location within six (6) years. PL Approval of Final Landscape Plans 36. Plant Standards. That unless unusual circumstances prevail, all trees on the site shall be a minimum of 15 gallons in size. All trees that are on the exterior building perimeter shall be 24” box minimum, with at least 30% at 36” box or greater. All shrubs shall be 5 gallon minimum. PL Approval of Final Landscape Plans 37. Root Barriers & Tree Staking. The Landscape Plans shall provide details showing root barriers and tree staking will be installed that meet current City specifications. PL Approval of Final Landscape Plans 38. Plant Legend. Plant legend is extensive for the site and shall be reduced to show the plant material intended to be used on the site. PL Approval of Final Landscape Plans 39. Existing Landscape Improvements. Existing landscape improvements adjacent to or within the project shall be shown and labeled on the plans. Protection notes shall be included to protect existing landscape improvements. PL Approval of Final Landscape Plans 40. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. PL Approval of Final Landscape Plans 41. Plan Detail. All hardscape elements, fencing, play equipment and site amenities shall be labeled and detailed. Material, finish and colors shall be specified on plans. PL Approval of Final Landscape Plans 42. Slopes. Slopes 6:1 and over shall be labelled and contours for berms, swales, drainage ponds, and water quality elements, etc., shall be shown on landscape plans. PL Approval of Final Landscape Plans 43. Maintenance of Landscape. All landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the PL On-going 9 of 24 removal or replacement of trees, shall require prior review and written approval from the Community Development Director. PLANNING-ENVIRONMENTAL 44. Mitigation Monitoring Program. The Applicant/ Developer shall comply with the Fallon Village Project Supplemental Environmental Impact Report (EIR) adopted by City Council Resolution 222-05, including all mitigation measures contained therein. The EIR is on file with the Community De velopment Department. PL On-going 45. SM-GEO-1. Prior to construction, design level geotechnical report(s) and corrective grading plan(s) depicting the locations and depths of landslide repairs, keyways and subsurface drains is required. The corrective grading plans shall identify appropriate mitigation for graded slopes. In order to stabilize slopes where unstable geologic materials extend at beyond proposed development areas, geotechnical corrective grading may extend beyond the limits of improvements and into open space areas. Grading in open space areas shall be limited to excavations that remove unstable soils and landslide debris and backfilling excavations with compacted, drained engineer fills. To provide stable construction slopes, the back slopes of excavated areas may extend up slope and beyond the limits of mapped slides. The corrective measures used will be typical and configured to conform at natural slope contours with materials and compaction at the approval of a geotechnical engineer. This may vary from original grade within repair envelope due to geotechnical and slope drainage considerations. PW Construction 46. SSM-BIO-3 (revised). Pre-construction surveys for burrowing owls shall be conducted by a qualified biologist prior to any ground disturbance between September 1 and January 31. If ground disturbance is delayed or suspended for more than 30 days after the survey, the site should be re-surveyed. If no over- wintering birds are present, burrows should be removed prior to the nesting seasons. If over-wintering birds are present, no disturbance should occur within 150 feet of occupied burrows. If owls must be moved away from the disturbance area during this period, passive relocation measures must be prepared according to current CDFG burrowing owl guidelines, approved by CDFG, and completed prior to construction. PL Construction 47. SSM-BIO-4 (revised). If construction is scheduled during the nesting season (February 1-August 31), pre-construction surveys should be conducted on the entire site-specific Project area and within 500 feet of such Project area prior to any ground disturbance. A minimum buffer (at least 250 feet) shall be maintained during the breeding season around active burrowing owl nesting sites identified in pre-construction surveys to avoid direct loss of individuals. Owls present on site after February 1 will be assumed to be nesting on or adjacent to the site unless evidence indicates otherwise. All active burrows shall be identified. If construction around active nests is scheduled ot occur when nests are active (i.e., if they contain, or are assumed to contain, eggs or unfledged young), 250-foot exclusion zone around the nest shall be established or construction shall be PL Construction 10 of 24 delayed until after the young have fledged, typically by August 31. If owls are present during the early part of the breeding season, and evidence indicates that they have not yet begun nesting, they may be passively relocated form the site if authorized by CDFG. 48. SSM-BIO-5 (revised). If destruction of occupied (breeding or non-breeding season) burrows, or any burrows that were found to be occupied during pre-construction surveys, is unavoidable, a strategy will be developed to replace such burrows by enhancing existing burrows or creating artificial burrows at a 2:1 ratio on permanently protected lands adjacent to occupied burrowing owl habitat, and will include permanent protection of a minimum of 6.5 acres of burrowing owl habitat per pair or unpaired resident owl. A plan shall be developed and approved by CDFG describing creation or enhancement of burrows, maintenance of burrows and management of foraging habitat, monitoring procedures and significance criteria, funding assurance, annual reporting requirements to CDFG, and contingency and remediation measures. PL Construction 49. Mitigation Measure 3.11/1.0: Construction-Related Dust Abatement Measures (East Dublin EIR). Outline dust abatement measures as conditions in the grading plan and the measures shall be implemented during construction. PL/PW Through Construction 50. SM-AQ-1. The City of Dublin shall: a) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. B Through Construction BUILDING CONDITIONS 51. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 52. CAL Green Building Standards Code. The project shall incorporate the requirements of the CAL Green Building Standards Code. The project shall be provided with: a) short and long term bicycle parking, b) designated clean air vehicle parking stall, c) conduit installed from the electrical supply panel to the roof for the installation of future PV, d) automatic irrigation controllers for landscaping, and e) covered main entries. The Green Building Plan shall be submitted to the Chief Building Official for review. B Occupancy 53. Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Building & Safety Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. B Issuance of Building Permits 11 of 24 Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 54. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or 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. B Issuance of building permits 55. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Chief Building Official and Director of Community Development. B Occupancy of Unit 56. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction. B Through Completion 57. Addressing. a) Address signage shall be provided as per the Dublin Commercial Security Code; b) Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 4 inches in height minimum. B Occupancy 58. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, holddowns, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Scheduling the final frame inspection 59. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Permit Issuance 60. Copies of Approved Plans. Applicant shall provide City with two (2) reduced (1/2 size) copies of the City of Dublin stamped approved plan. B 30 days after permit and each revision issuance 61. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. B Through Completion 62. CASp. Applicant shall obtain the services of a Certified Access Specialist (CASp) for the review of the construction drawings and inspections for the building interior and site exterior. A written report shall be submitted to the City prior to approval of the permit application. Additionally, a written report shall be submitted to the City Inspector prior to scheduling the final inspection. B Permitting and Occupancy 63. Accessary Structures. Building permits are required for all associated amenities/structures (e.g., playground equipment) and are required to meet the accessibility and building codes (for structural review). A California state certified playground safety B Through Completion 12 of 24 inspector (CPSI) final review letter shall be required. FIRE PREVENTION 64. Building and Fire Code Requirements. Construction shall comply with the Building and Fire Code Requirements in effect at the time of Building Permit submittal or improvement plans. F Building Permit Issuance & On- going 65. New Fire Sprinkler System & Monitoring Requirements. In accordance with the Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. F Building Permit Issuance 66. Fire Alarm (detection) System Required. A Fire Alarm Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. F Building Permit Issuance 67. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers may be required by the Fire Inspector. Fire extinguishers shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. F Occupancy 68. FD Building Key Box. A Fire Department Key Box shall be installed at the main entrance to the building. Note these locations on the plans. The key box shall be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the Fire Inspector upon the final inspection. The inspector will then lock the keys in the box. Key boxes and switches may be ordered directly from the Knox Company. F Occupancy 69. Gate Approvals. Fencing and gates that cross pedestrian access and exit paths as well as vehicle entrance and exit roads shall be approved for Fire Department access and egress as well as exiting provisions where such is applicable. Plans shall be submitted that clearly show the fencing and gates and details of such. This should clearly be incorporated as part of the site plan with details provided as necessary. Building Permit Issuance 70. FD Gate Key Box/Switch. Each manually operated gate that serves as a means of fire access shall have installed a Knox Key Box accessible from the entrance side of the gate. Where the locking method of the gate is by a chain a Knox padlock shall be installed on the chain. The key box door and necessary keys are to be provided to the Fire Inspector upon the final inspection. All Occupancy 13 of 24 electrically controlled gates shall be provided with an emergency gate over-ride key switch for Fire Department access. 71. M Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when the building is occupied. F Occupancy & On-going 72. Maximum Occupant Load. Posting of room capacity is required for any occupied load of 50 or more persons. Submittal of a seating plan on durable placard is required prior to final occupancy. F Occupancy 73. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the product cut sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. F Occupancy 74. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters shall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Rear Doors. The address shall also be provided on any rear doors to the tenant space with minimum 5-inch high characters. Entrance Posting. Where the addressing on the building will not be clearly visible from either direction of travel along the access road the address references. Address posting shall also be provided at the entrance to the property. The address size shall be 5-inches high and should be on a reflective background. F Occupancy 75. Hood & Duct Fire Extinguishing System & K Fire Extinguisher. In accordance with the Fire Code, a ventilating hood and duct system shall be provided in accordance with the Mechanical Code for commercial-type food heat-processing equipment that produces grease-laden vapors. An automatic fire extinguishing system shall protect the hood and duct system and the cooking appliances below. Plans and specifications showing detailed mechanical design of fire protection system shall be submitted to the Fire Department for review and approval. F Building Permit Issuance 76. Automatic Shutoffs for Ducts. Air moving systems supplying air in excess of 2,000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Automatic shutoff shall be accomplished by interrupting the power source of the air moving equipment upon detection of smoke in the main supply air duct served by such equipment. Smoke detectors shall be labeled by an approved agency approved and listed by California State Fire Marshal for air duct F Occupancy 14 of 24 installation and shall be installed in accordance with the manufacturer’s approved installation instructions. Duct detectors shall be accessible for cleaning by providing access doors. Duct detector location shall be permanently and clearly identified. 77. Generators. The following shall apply: 1. Stationary generators for emergency and standby power systems shall be listed in accordance with UL 2200 . 2. Generators shall be installed according to Article of the California Electrical Code. 3. Portable and vehicle mounted generators shall be bonded and grounded in accord with Article of the California Electrical Code. 4. Code required Standby Power Systems shall be according to the California Electrical Code. 5. Non-code required optional standby power systems shall be according to Article 702 of the California Electrical Code. 6. Life safety branch circuits shall be in accordance with Article of the California Electrical Code. 7. All electrical wiring, devices, appliances and other equipment shall be in accord with the California Electrical Code. F Building Permit Issuance & On- going 78. Electrical Equipment, Wiring & Hazards. 1. Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. 2. A working space of not less than 30 inches in width, 36 inches in depth and 78 inches in height shall be provided in front of electrical service equipment. No storage of any materials shall be located within the designated working space. 3. Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM. The disconnecting means for each service, feeder or branch circuit originating on a switchboard or panel board shall be legibly and durably marked to indicate its purpose. 4. Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords shall be used only with portable appliances. F Occupancy & On-going 79. Fire Safety During Construction & Demolition. 1. Clearance to combustibles from temporary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions. 2. Smoking shall be prohibited except in approved areas. Signs shall be posted “NO SMOKING” in a conspicuous location in each structure or location in which smoking is prohibited. 3. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. 4. Flammable and combustible liquid storage areas shall be F During Construction 15 of 24 maintained clear of combustible vegetation and waste materials. PUBLIC WORKS GENERAL – PROJECT SPECIFIC CONDITIONS 80. Construction Plans. Construction plan set shall include City of Dublin General Notes and project specific notes, fully dimensioned Horizontal Control plan, Erosion and Sediment Control Plan, Clean Bay Blueprint (See City’s website: http://dublin.ca.gov/1656/Development-Permits---Stormwater- Require), details and sections of all improvements to be constructed. PW Building Permit Issuance 81. Parking. Construction plan set shall include a signing and striping plan for the site. All parking lot drive aisles with “stop” locations shall have standard STOP signs, in accordance with CA MUTCD. Similarly, Disabled Parking areas shall have standard ADA signs, in accordance with the current building code. PW Building Permit Issuance 82. Site Improvements. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed to ensure that there are no conflicts among the proposed and existing improvements. PW Building Permit Issuance 83. Grading and Drainage. Construction plan set shall provide grading and drainage in all landscaped areas. All runoff shall be collected and conveyed upstream of sidewalks. PW Building Permit Issuance 84. Concrete Step-Out. There shall be an additional 6” wide concrete step-out at landscaped areas adjacent to driver side and passenger side of parking stalls on construction plan set. PW Building Permit Issuance 85. Landscape Strips. Landscape strips adjacent to parking stalls shall be unobstructed as such to allow for a 2-foot vehicular overhang at front/rear of vehicles on the construction plan set. PW Building Permit Issuance 86. Parking Stalls. Parking stalls next to walls, fences and obstructions to vehicle door opening shall be an additional 4’ in width per DMC 8.76.070.A.16 on the construction plan set. PW Building Permit Issuance 87. Surface Slopes. Pavement surface slopes in parking lot shall not exceed 5% in any direction on the construction plan set. PW Building Permit Issuance 88. Curb, Gutter and Sidewalk. Existing curb, gutter and sidewalk along the project frontages within the public rights-of-way shall be evaluated for condition and compliance with current Public Works standards, and shall be repaired or replaced with the development of the site, as determined by the Public Works Department. Construction plan set shall show repair or replacement required. PW Building Permit Issuance 89. Street Trees. Existing street trees along the project’s public street frontages shall be evaluated, and shall be planted or replaced with the development of the site, as determined by the Public Works Department. The existing irrigation of street trees shall also be evaluated and improvements made as needed. Construction plan set shall show tree and irrigation improvements required. PW Building Permit Issuance 90. Trash Capture. Specific information is required on the construction plan set demonstrating how MRP Provision C.10 (trash capture) requirements are met. Trash capture devices existing at the site shall be inspected and replaced if necessary, as determined by the Public Works Department. The PW Building Permit Issuance 16 of 24 applicant/contractor shall install trash capture devices in all inlets not currently containing one. Trash capture devices to be used shall be listed and details shown on the construction plan set as applicable. Trash capture devices shall be the consistent with the approved list provided on the City’s website: http://dublin.ca.gov/1656/Development-Permits---Stormwater- Require 91. Sloped Area to West. Property owner shall be responsible for maintenance of the sloped area along the west side of the property between the fence and the property line. Access to the sloped area shall be through the project site. PW Building Permit Issuance and On-Going 92. Hydrology and Hydraulics. Applicant shall submit hydrology and hydraulic calculations for review and approval. Construction plan set shall show grate, invert and hydraulic grade line information at all storm drain structures, slope and design flow at all storm drain pipes. PW Building Permit Issuance 93. Pavement Treatment. A pavement treatment, such as a slurry seal, shall be required after utility trenching on West Cantara Drive and Positano Parkway, as determined by the Public Works Department. PW Building Permit Issuance 94. Trash Enclosure. a. Trash enclosure shall meet all the requirements set forth in DMC Section 7.98 and the “Waste Handling Standards for Commercial Properties and Multi-Family Properties with Shared Service,” which can be obtained from the City’s website: http://dublin.ca.gov/1932/Development-Resources. The construction plan set shall show additional information demonstrating these requirements are met. Design of trash enclosure for sizing and servicing is subject to review and approval by the Public Works Department. b. Applicant shall submit a completed Waste Enclosure Requirements Checklist with the submittal of the construction plan set, which can be obtained from the City’s website: http://dublin.ca.gov/1932/Development- Resources c. The area around and inside the enclosure must be lit with a minimum of 1.0 foot candle with motion sensor lighting. d. Area outside of trash enclosure shall be graded away from the enclosure structure. Runoff shall not drain against structure nor into pedestrian door. e. Applicant shall drain the interior of the trash enclosure to the sanitary sewer system or incorporate the following revisions to the landscaped area the enclosure is proposed to drain into: i. Landscaped area accepting drainage from the trash enclosure directly adjacent to the enclosure shall be designed with no gap between the enclosure wall and the landscaped area. ii. Planting shall be provided in the area in PW Building Permit Issuance 17 of 24 addition to the river rock cobble. f. The slope of the enclosure pad must be less than 1.5% 95. Staggered Drop Off. The Applicant/Developer shall implement staggered drop off times for the Day Care Center which will be designed to minimize drop offs during the peak traffic times along Positano Parkway of 8:00 AM to 8:30 AM. If after the opening of the Day Care Center traffic safety becomes a concern, as determined by the City Traffic Engineer, due to the drop offs at the Day Care Center, the Applicant/Developer/Operator of the Day Care Center shall be required to prepare and implement a mitigation plan to address the traffic safety concerns. At a minimum the mitigation plan shall include further staggering of drop off times to avoid peak congestion times along Positano Parkway. The mitigation plan shall be approved by the City Traffic Engineer PW On-going PUBLIC WORKS – STANDARD CONDITIONS OF APPROVAL 96. Public Works Standard Conditions of Approval. Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific Conditions of Approval above. PW On-going 97. Conditions of Approval. Developer shall comply with the City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as “public works” under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). PW On-going PUBLIC WORKS – AGREEMENTS AND BONDS 98. Improvement Agreement. Developer shall enter into an Improvement Agreement with the City for all public improvements including any required offsite storm drainage or roadway improvements that are needed to serve the development, as determined by the City Engineer. PW Grading Permit issuance 99. Security. Developer shall provide faithful performance security to guarantee the improvements, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspections). PW Grading Permit issuance 100. O&M Agreement. The requirements of Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2- 2015-0049, require the property owner to enter into an Agreement with the City of Dublin to provide verification and assurance that all treatment devices will be properly operated and maintained and to guarantee the owner’s perpetual maintenance obligation for all storm drain inlet filters installed as part of the project. The Agreement shall be recorded against the property and shall run with the land. PW Occupancy or Acceptance of Improvements 18 of 24 PUBLIC WORKS – FEES 101. Fees. Developer shall dedicate parkland or pay in-lieu fees in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, or in any resolution revising these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195-99. PW Building Permit issuance PUBLIC WORKS – PERMITS 102. Encroachment Permit. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the street right of way. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. PW Start of Work 103. Grading Permit. Developer may be subject to obtaining a Grading/Sitework Permit from the Public Works Department for grading and private site improvements, as determined by the City Engineer. PW Start of Work 104. Non-City Agency Permits. 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 Wildlife, Army Corps of Engineers, U.S. Fish and Wildlife, Regional Water Quality Control Board, Caltrans, DSRSD, BART, as applicable, and provide copies of the permits to the Public Works Department. PW Start of Work PUBLIC WORKS - SUBMITTALS 105. Plan Submittals. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, the “City of Dublin Improvement Plan Review Check List,” current Public Works and industry standards. PW Approval of Improvement Plans 106. Submittals to non-City Agencies. 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. PW Approval of Improvement Plans 107. Geotechnical Report. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. PW Approval of Improvement Plans, and Grading Plans 108. Master Files. Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. 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 III, and U.S. foot. PW Acceptance of Improvements PUBLIC WORKS - EASEMENTS AND ACCESS RIGHTS 109. Abandonment of Easements. Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways within the development that will no longer be used. PW Approval of Improvement Plans 19 of 24 110. Acquisition of Easements. Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. PW Approval of Improvement Plans PUBLIC WORKS - GRADING 111. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. PW Issuance of Grading Permit 112. Retaining Walls. Tiebacks or structural fabric for retaining walls shall not cross property lines, or shall be located a minimum of 2’ below the finished grade of the upper lot. PW Approval of Grading Plans PUBLIC WORKS - IMPROVEMENTS 113. Public Improvements. The public improvements shall be constructed generally as shown on the Site Development Review. However, the approval of the Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, and street improvements. PW Approval of Improvement Plans 114. Public Improvement Conformance. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. PW Approval of Improvement Plans 115. Public Street Slopes. Public streets shall be at a minimum 1% slope with minimum gutter flow of 0.7% around bumpouts. Private streets and alleys shall be at minimum 0.5% slope. PW Approval of Improvement Plans 116. Curb Returns. Curb Returns on arterial and collector streets shall be 40-foot radius, all internal public streets curb returns shall be minimum 30-foot radius (36-foot with bump outs) and private streets/alleys shall be a minimum 20-foot radius, or as approved by the City Engineer. Curb ramp locations and design shall conform to the most current Title 24 and Americans with Disabilities Act requirements and as approved by the City Traffic Engineer. PW Approval of Improvement Plans 117. Decorative Paving. Any decorative pavers/paving installed within City right-of-way shall be done to the satisfaction of the City Engineer. Where decorative paving is installed at signalized intersections, pre-formed traffic signal loops shall be put under the decorative pavement. Decorative pavements shall not interfere with the placement of traffic control devices, including pavement markings. All turn lane stripes, stop bars and crosswalks shall be delineated with concrete bands or color pavers to the satisfaction of the City Engineer. Maintenance costs of the decorative paving shall be the responsibility of the developer or future property owner. PW Approval of Improvement Plans 118. Traffic Signing and Striping. Developer shall install all traffic signage, striping, and pavement markings as required by the City Engineer. PW Certificate of Occupancy or Acceptance of Improvements 119. Street Lighting. Street light standards and luminaries shall be designed and installed or relocated as determined by the City Engineer. The maximum voltage drop for streetlights is 5%. PW Certificate of Occupancy or Acceptance of Improvements 120. Water and Sewer Facilities. Developer shall construct all PW Certificate of 20 of 24 potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. Occupancy or Acceptance of Improvements 121. Fire Hydrants. 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, and shall be shown on the signing and striping plan. PW Certificate of Occupancy or Acceptance of Improvements 122. Street Name Signs. Developer shall furnish and install City standard street name signs for the project to the satisfaction of the City Engineer. PW Certificate of Occupancy or Acceptance of Improvements 123. Utilities. Developer shall construct gas, electric, telephone, 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 City Engineer and the various Public Utility agencies. PW Certificate of Occupancy or Acceptance of Improvements 124. Utility Locations. All gas, electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. PW Certificate of Occupancy or Acceptance of Improvements 125. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public view. Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. PW Certificate of Occupancy or Acceptance of Improvements 126. Storm Drain Inlet Markers. All on-site storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek.” The stencils may be purchased from the Public Work Department. PW Certificate of Occupancy or Acceptance of Improvements 127. Bus Shelters. Developer shall construct bus stops and shelters at the locations designated and approved by the LAVTA and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. PW Certificate of Occupancy or Acceptance of Improvements PUBLIC WORKS - CONSTRUCTION 128. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented between October 1 and April 30 unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the subdivision improvements. PW On-going as needed 129. Archaeological Finds. 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. PW On-going as needed 130. Construction Activities. Construction activities, including the PW On-going as 21 of 24 idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case- by-case basis. Note that the construction hours of operation within the Dublin Boulevard right of way are more restrictive. needed 131. Construction Noise Management Plan. Developer shall prepare a construction noise management plan 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 provided prior to project construction. PW Start of Construction activities; and On-going as needed 132. Construction Traffic Interface Plan. 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 City Engineer. PW Start of Construction activities; and On-going as needed 133. Pest Control. Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going 134. Dust Control Measures. Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction activities; On- going as needed 135. Building Pad Certification. Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating or certifying that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. PW Issuance of Building Permits or Acceptance of Improvements 136. Temporary Fencing. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On-going PUBLIC WORKS - NPDES 137. NOI and SWPPP. Prior to any clearing or grading, 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. PW Start of construction activities 138. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the ABAG PW SWPPP to be Prepared Prior to Approval of Improvement Plans; 22 of 24 Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. Implementation Prior to Start of Construction and On-going as needed DUBLIN SAN RAMON SERVICES DISTRICT 139. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities”, all applicable DSRSD Master Plans and all DSRSD policies. DSRSD Building Permit Issuance 140. All mains shall be sized to provide sufficient capacity to 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. DSRSD Building Permit Issuance 141. Sewers shall be designed to operate by gravity flow to DSRSD’s 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 reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 30 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. DSRSD Building Permit Issuance 142. Domestic and fire protection waterline systems for Tracts or 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. DSRSD Building Permit Issuance 143. DSRSD policy requires public water and sewer lines to be 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. DSRSD Building Permit Issuance 144. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Issuance of any grading permit, site work permit or building permit 145. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payments as established in the DSRSD Code. Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. DSRSD Building Permit Issuance 146. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the previous condition listed above have been satisfied. DSRSD Building Permit Issuance 23 of 24 147. Where the narrow width of a proposed alley or cul-de-sac is so restrictive that the standard separation requirements for water mains and sewer mains cannot be maintained, the water and sewer mains shall be installed within main thoroughfares, outside of alleyways or cul-de-sacs. Water and sewer mains shall not be installed within courtyards. Water meters shall be installed around the outer perimeter of buildings. Installation of water lines from the meter to each unit shall be documented and submitted to the District. DSRSD Building Permit Issuance 148. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. DSRSD Building Permit Issuance 149. Above-ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The Applicant shall collaborate with the Fire Department and DSRSD to size and configure the fire system. DSRSD Building Permit Issuance and ongoing 150. Development plans will not be approved until landscape plans are submitted for DSRSD review and approval. DSRSD Approval of Final Landscape Plans 151. Applicant shall be required to pay all incremental capacity reserve fees for water and sewer services as required by the project demands, once the project has been analyzed by DSRSD to determine if it represents additional water and/or sewer capacity demands on the District. All capacity reserve fees must be paid prior to installation of a water meter for water. If a water meter is not required, the capacity reserve fee shall be paid prior to issuance of a building permit. The District may not approve the building permit until capacity reserve fees are paid. DSRSD Installation of Water Meter and/or Issuance of Building Permit 152. The project shall used recycled water for irrigation of large landscape areas upon the District’s determination that sufficient supply of recycled water is available at the time of planned connection and the connection is technologically and financially reasonable. DSRSD Building Permit Issuance PASSED, APPROVED AND ADOPTED this 19th day of June 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: 24 of 24 ________ City Clerk For full text of Attachment 11 – Project Plans Use link below https://ca-dublin2.civicplus.com/Archive.aspx?ADID=875 RESOLUTION NO. XX-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING THE PLANNING COMMISSION DECISION AND APPROVING A MINOR USE PERMIT FOR SHARED PARKING BETWEEN THE 10,667 SQUARE FOOT DAYCARE AND THE 4,269 SQUARE FOOT COMMUNITY CENTER (APN 985-0073-005-00) PLPA-2017-00050 WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269 square foot community center located at the south west corner of Positano Parkway and West Cantara Drive in Positano; and WHEREAS, the application includes a Site Development Review Permit, Minor Use Permit for shared parking, and a Conditional Use Permit to establish development standards in the Planned Development Zoning; and WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific Plan land designation of Semi-Public; and WHEREAS, the site has Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 33-05); and WHEREAS, in accordance with the California Environmental Quality Act certain pro jects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) (SCH# 91103064) approved on May 10, 1993, a Supplemental EIR for the Eastern Dublin Properties annexation and prezoning project (SCH# 2001052114) approved for the project site by the City Council on April 2, 2002, and a Supplemental EIR (SCH #2005062010) was approved for the project site by the City Council on December 6, 2005. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if another environmental document should be prepared. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and WHEREAS, the Project plans, attached as Exhibit A to this Resolution, illustrate the proposed site layout, driveway and parking circulation system, building architecture, access to public streets, site amenities, and landscaping for the proposed project; and WHEREAS, the proposed project will include 88 parking stalls which would accommodate either a daycare or community center use independently, and the two uses will not have operational hours that overlap; and 2 of 6 WHEREAS, the Planning Commission held a public hearing on the said application on February 13, 2018, at which time the Planning Commission continued the public hearing so that staff and the applicant could address concerns raised by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on the said application on April 10, 2018, at which time the interesting parties had the opportunity to be heard; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Minor Use Permit for the project; and WHEREAS, the Planning Commission adopted Resolution 18-11 denying the Minor Use Permit; and WHEREAS, the Planning Commission adopted resolutions denying the companion Conditional Use Permit and Site Development Review Permit; and WHEREAS, the Applicant, appealed the action of the Planning Commission in accordance with Dublin Municipal Code Chapter 8.136; and WHEREAS, the applicant waived the requirement of the Public Hearing to be scheduled within 45 days of the filing of the appeal; and WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning Commission; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and WHEREAS, a Staff Report, dated June 19, 2018 and incorporated herein by reference, described and analyzed the proposed Safari Kid Daycare and Community Center Project; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the following findings and determinations regarding the proposed Minor Use Permit for shared parking between the Safari Kid Daycare and the Community Center building: A. The proposed use and related structures are compatib le with other land uses, transportation and service facilities in the vicinity in that: 1) the daycare and community center will help serve the neighborhood for daycare needs and community events; 2) the Project site is well suited for this type of use with existing roads, services and utilities designed to serve the site ; and 3) a daycare and community center are consistent with the intent of the Stage 1 and 2 Development Plans for this site. 3 of 6 B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for shared parking in that: 1) the site proposes enough parking stalls which would accommodate either a daycare or community center use independently and the two uses will not have operational hours that overlap; and 2) the conditions of approval have been listed below to ensure compliance with Chapter 8.76 of the Zoning Ordinance. C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance, General Plan and Eastern Dublin Specific Plan; and 2) Conditions of Approval have been applied to the Project to ensure adequate parking for each use and on-going compatibility with the Project’s surroundings. D. It will not be injurious to property or improvements in the neighborhood in that : 1) a daycare and community center are consistent with the intent of the Stage 1 and 2 Development Plans for this site; and 2) Conditions of Approval have been included to ensure adequate on-site parking to satisfy the needs of the daycare center and the community room. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) vehicular access to the site will be available from W. Cantara Dr. after the driveway on W. Cantara Dr. is moved further east 2) the Project frontage along both roads is fully improved with a sidewalk that provides pedestrian access to the Project; and 3) the Project will be served by existing public utilities and services. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the project site allows for a daycare and community center under the General Plan, Eastern Dublin Specific Plan, and the Planned Development Zoning Stage 1 and 2 Development Plans; and 2) the proposed project falls within the allowed building area for the site. G. It will not be contrary to the specific intent clauses, deve lopment regulations, or performance standards established for the zoning district in which it is located in that: 1) the project is consistent with development standards established in the Stage 1 and 2 Development Plans as amended for this site; and 2) the Project site is well suited for a daycare and community center. H. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: the Project site has a General Plan and Eastern Dublin Specific Plan designation of Semi-Public and a Stage 1 and 2 Development Plan which allows for a daycare and community center. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby reverses the Planning Commission’s decision and approve the Minor Use Permit for shared 4 of 6 parking between the Safari Kid Daycare and the Community Center project, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/a gencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING 1. Approval. This Minor Use Permit (MUP) approval is for the Safari Kid Daycare and Community Center located at Positano Parkway and Cantara Drive (APN: 985-0073-005-00) within the Eastern Dublin Specific Plan Area (PLPA-2017-00050). The MUP approval is for shared parking between the 10,667 square foot daycare and the 4,269 square foot community center. This approval shall be as generally depicted and indicated on the project plans, attached to this Resolution as Exhibit A, prepared by Perkins, Williams & Cotterill Architects dated February 21, 2018, on file in the Community Development Department, and other plans, text, color and materials boards relating to this Project and as specified by the following Conditions of Approval for this project. PL Ongoing 2. Effective Date. This MUP approval becomes effective 10 days after action by the Planning Commission unless otherwise appealed to the City Council. PL Ongoing 3. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the MUP shall lapse and become null and void. 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 the Zoning Ordinance. PL One Year After Effective Date 4. Time Extension. The original approving decision-maker may, upon the Applicant’s written request for an extension of approval prior to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. PL Prior to Expiration Date 5. Compliance. The Applicant/Property Owner shall operate this use in compliance with the Conditions of Approval of this MUP, the approved plans and the regulations established in the Zoning PL On-going 5 of 6 Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 6. Revocation of Permit. The MUP approval 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. PL On-going 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 8. Required Permits. Applicant/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 Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance and Grading Permit Issuance 9. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact 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. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 10. Indemnification. The Applicant/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 Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 11. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to PL, PW On-going 6 of 6 the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be responsible for clean-up & disposal of project related trash to maintain a safe, clean and litter-free site. PL On-going 13. Modifications. Modifications or changes to this MUP approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104 of the Zoning Ordinance. PL On-going 14. Use of Building. The daycare and community center shall not have operational hours that overlap. The classrooms shall only be utilized for the daycare and cannot be used as part of the community center. The community center can be used by the existing daycare students for special functions but shall not be used as an additional classroom or any other purpose that would increase the number of children. The lobby, storage closets, kitchen and bathrooms can be utilized by both uses. PL On-going PASSED, APPROVED AND ADOPTED this 19th day of June 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: ________ City Clerk CITY OF DUBLIN SEMI-PUBLIC FACILITIES POLICY It is the policy of the City Council of the City of Dublin that in reviewing amendments to the land use map of the Dublin General Plan and the Eastern Dublin Specific Plan, the City shall also review the provision of opportunities for cultural, educational and other community services. Semi-Public Facilities, such as child care centers, religious institutions and others defined below, deliver important community services. It is the intent of the Policy to increase the opportunities for Semi-Public Facilities by increasing the locations of lands designated Public/Semi-Public Facilities on the General Plan land use map. To that effeCt, all land use amendments may be reviewed for designation of Semi- Public Facilities lands according to the guidelines below: A. Purpose of Semi-Public Facilities Policy The purpose of the Semi-Public Facilities Policy is to: 1. Create a greater sense of community in Dublin neighborhoods and commercial centers; 2. Enrich community identity and foster a sense of civic pride; 3. Recognize and anticipate the different needs of Dublin residents who represent diverse ages, interests, national backgrounds, and cultural, social and creative pursuits; 4. Leave future generations a cultural legacy which can change and develop as the City grows and changes; and 5. Increase public access to cultural, educational and community services, citywide. B. Definitions 1. Semi-Public Facilities. Semi-Public Faciliiies will include uses such as child care centers, youth centers, senior centers, special needs program facilities, religious institutions, clubhouses, community centers, community theatres, hospitals, and other facilities that provide cultural, educational, or other community services. A semi-public facility may be used for more than one semi-public use. Semi-Public Facilities are generally part of the Public/Semi-Public Facilities land use category. 2. Transportation and Circulation Systems. Adequate transportation and circulation systems criteria is defined as a site located on a class 1 collector street with two points of access. C. ApplieabiliW This Policy shall be applicable to all General Plan and Specific Plan Amendment applications. This Policy shall apply to residential amendments involving 150 or more Single-Family Density housing units and/or 250 or more Medium Density or greater density housing units, or increments and combinations thereof. EXHIBIT A Final Task Force Recommendation D. Procedure ciFy St~ff shall work with project applicants to meet the goals and intent of the Semi-Public Facility Policy according to the'following procedure: 1. The location(s) of the Semi-Public Facility site(s) as pan of a Public/Semi-Public Facility land use category will be determined as a part of the amendment project review by the City. 2. Identification of Semi-Public Facilities sites will begin at the early stages of the amendment application. 3. The City Council shall have final approval of the Public/Semi-PubliC Facility site identified for Semi-Public Facility land uses. E. Standards 1. When reviewing the sufficiency of the' sites proposed as part of an amendment application pursuant to the Semi-Public Facility Policy, the City will consider the following furore modifications of design requirements for Semi-Public Facility projects: parking reductions; design modifications; use of nearby public facilities to meet over-flow parking demand; partnering of Semi-Public Facilities with City facilities where feasible; and transfer of Semi- Public Facility land use sites to other locations in the City of Dublin that meet the location criteria described below. 2. When reviewing the sufficiency of sites proposed as a part of an amendment application pursuant to the Semi-Public Facility Policy, the City will consider modification of these standards for, or exempt, projects that provide affordable housing in excess of the City of Dublin Inclusionary Zoning Regulations. 3. New residential development subject to this Policy shall strive to provide sites for Semi-Public Facilities land uses at a rate of 1 acre (net) per 1,000 residents. In practice, General Plan and Specific Plan Amendment applications shall strive to provide .5 acres of land designated for Public/Semi-Public Facilities per 150 units of Single-Family Density (.9 - 6.0 units per acre) and/or .5 acres of land designated Public/Semi-Public Facilities per 250 units of Medium Density or greater density (6.1 or more units per acre), or increments and combinations thereof. 4. Private residential facilities* to be used to satisfy this Policy may not be restricted to project residents and employees. 5. Future facilities will have an identifying architectural style that is attractive and that is recognizable from the public right-of-way. 6. Sites for future Semi-Public Facilities will be reviewed per the location guidelines below. Private residential facilities are recreation rooms or facilities in housing developments that are developedfor the use of the project residents only. F. Location of Semi-Public Facilitv Sites In considering the potential location of Semi-Public Facilities, the City Council will consider locations in all parts of the City. In addition, it is encouraged that Semi-Public Facilities be located at sites: 1. with adequate transportation and circulation systems that have the least conflict with residential uses; 2. where shared parking might occur between complementary uses; 3. with open space and landscaping amenities; 4. with proximity to City parks; and 5. with proximity to schools. 1 Safari Kid: Traffic Flow (Staggered and Not Conflicting) Safari Kid offers two different programs: Preschool and Afterschool. Safari Kid Preschool: We offer part-time and full-time preschool programs to cater to Parent’s needs, which are staggered throughout the day. Age group (18 months to 5 years) Safari Kid Afterschool: This program caters to kids in Dublin Unified elementary grade levels (KG to 5) with staggered bell dismissal times. Safari Kid Program Timings Full Day Preschool 07:30 AM - 05:00 PM Part-Time Preschool 09:00 AM - 12:00 PM After School (Kindergarten) 01:00 PM – 06:00 PM After School (School Age) 02:30 PM – 06:00 PM (Mon-Tue) 03:30 PM – 06:00 PM (Wed-Fri) Safari Kid Drop-off and Pick-up: Children are brought to our center by vanpool pick-up services in batches of 5-9 children at a time. Safari Kid also has 2 vans that transport up to 13 children in each. This reduces the number of vehicles and the amount of traffic. (e.g. on an average of 6 children per vehicle, only 10 vehicles will be needed to transport 60 children) Parents or Pick-up Service personnel are required topark the vehicle and walk the children in or out of the center to check-in or check-out. Two to three Safari Kid staff members will assist in the smooth operation of check-in and check-out at our lobby and front-desk. This process typically takes less than 3 minutes per vehicle . The following is a comparison of the Amador Elementary School Bell Schedules with the traffic flow analysis typical of similar daycare centers. Note that the primary hours of drop-off for the Safari Kids preschool (7:00am to 8:00am) will be prior to the peak time for Amador Elementary school drop-off, which was observed by the City Traffic Engineer and Staff as being 8:05am to 8:25am. Thus the concerns about overlapping traffic between the Safari Kids preschool and Amador Elementary school are not valid. Amador Elementary School Timings Kindergarten 08:35 AM – 12:26 PM 1st – 5th Grades 08:25 AM – 02:00 PM (Mon-Tue) 08:25 AM - 03:00 PM (Wed-Fri) 2 Below is a Detailed Traffic Flow Analysis (with sample admission data based on similar Childcare Centers). Note that Amador Elementary school drop off timings are highlighted in light beige background below to illustrate that there is no conflict of traffic flow in or out of Safari Kid during those times. *We arrange for Pick up services to drop-off children for our KG and Afterschool Programs. They usually operate 7-8 seater vans and on an average 6 kids are dropped-off per each vehicle (e.g. only 10 vehicles to drop-off 60 kids) Furthermore, it should be noted that the Cottonwood Elementary School (950 student capacity located on Jordan Ranch to the south) is scheduled to open in Fall 2018 which will divert a large number of kids (currently) attending Amador Elementary School over to the new Cottonwood Elementary School on Jordan Ranch.. This would begin to offer an immense positive impact to Positano Parkway’s reduced traffic, months before Safari Kid could begin operations at the proposed site. Students Arriving at Safari Kid Students Leaving Safari Kid Preschool KG Afterschool Preschool KG Afterschool 07:00 – 07:30 AM 75 0 0 0 0 0 07:30 - 08:00 AM 25 0 0 0 0 0 08:00 – 08:30 AM (Amador timings- All) 0 0 0 0 0 0 08:45 - 09:00 AM 50 0 0 0 0 0 09:00 - 11:45 AM 0 0 0 0 0 0 11:45 AM - 12:15 PM 0 0 0 50 0 0 12:15 - 12:45 PM (Amador timings - KG) 0 0 0 0 0 0 12:45 PM - 01:15 PM* 0 40* 0 0 0 0 02:00 - 02:30 PM (M/T) Or 03:00– 03:30 PM (W/T/F) (Amador timings– 1 to 5) 0 0 0 0 0 0 02:30 PM – 03:00PM* Or 03:30 PM – 04:00PM* 0 0 60* 0 0 0 03:30 PM - 05:00 PM 0 0 0 40 0 0 05:00 PM - 05:30 PM 0 0 0 60 0 0 05:30 PM - 06:00 PM 0 0 0 0 35 20 06:00 PM – 06:30 PM 0 0 0 0 5 40