HomeMy WebLinkAboutItem 6.2 Montessori Plus CUP (2) CITY CLERK
File # 0410-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 1, 1998
ITEM NO. 6.2
SUBJECT:
1)
2)
Determination of whether Councilmember Barnes is a person who
may appeal the Planning Commission decision on Conditional Use
Permit, PA 98-030 under Section 8.136.040 (B) of the Dublin
Zoning Ordinance; and
Consideration of Appeal of Planning Approval of PA 98-030
Montessori Plus Conditional Use Permit.
(Report Prepared by: Anne Kinney, Assistant Planner)
EXHIBITS ATTACHED: 1)
2)
3)
4)
5)
6)
7)
8)
Resolution determining that Councilmember Barnes is a person who
may not appeal the Planning Commission decision on the
Conditional Use Permit Application under Section 8.136.040 (B) of
the Dublin Zoning Ordinance.
Resolution determining that Councilmember Barnes may appeal
the Planning Commission decision on the Conditional Use Permit
Application under Section 8.136.040 (B) of the Dublin Zoning
Ordinance.
Letter Received August 2, 1998, Appealing Planning Commission
Decision of July 28, 1998.
Resolution Affirming Planning Commission Decision of July 28,
1998.
Resolution Reversing the Action of the Planning Commission of
July 28, 1998.
Planning Commission Staff.Report dated July 14 and 28, 1998 with
attachments.
Planning Commission Minutes for July 14 and July 28, 1998
Planning Commission Resolution No. 98-31 approving the
Conditional Use Permit.
RECOMMENDATION: 1)
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Determine whether Councilmember Barnes is a person who may
appeal the Conditional Use Permit under Section 8.136.040 (B) of
the Dublin Zoning Ordinance.
COPIES TO:
City Attorney
Applicant
Property Owner
ITEM NO.
la)
lb)
2)
3)
4)
5)
6)
If the Council concludes that Councilmember Barnes may not
appeal the Conditional Use Permit, adopt Resolution (Exhibit 1) and
the decision of the Planning Commission stands.
If the Council concludes that Councilmember Barnes may appeal
the Conditional Use Permit, adopt Resolution (Exhibit 2) and
proceed with Appeal Hearing.
Open public hearing and hear Staff presentation
Take testimony from the Applicant and public
Question Staff, Applicant and public
Close Public Hearing and Deliberate
Options for Action:
A. Adopt Resolution Affirming the Planning Commission
Approval of July 28, 1998 (Exhibit 4)
Bo
Adopt Resolution Affirming the Planning Commission
Approval of July 28, 1998 (Exhibit 4) with modifications or
additional conditions as directed by the City Council
Adopt Resolution Reversing the Planning Commission Action
of July 28, 1998 (Exhibit 5) thereby denying the Conditional
Use Permit
FINANCIAL STATEMENT: None
APPEAL DETERMINATION:
Under Section 8.136.040 (B), of the current City Zoning Ordinance a decision of the Planning
Commission "may be appealed by anyone who, in person or through a representative explicitly identified
as such, appeared at a public hearing in connection with the decision being appealed or who otherwise
informed the. City in writing oft he nature of his/her concerns before the hearing".
The Planning Commission approved Conditional Use Permit, PA 98-030, on July 28, 1998, to allow the
establishment of a Montessori school at 7234-40 San Ramon Road, Strouds Plaza. On August 2, 1998,
Councilmember Barnes filed a written appeal from the Planning Commission's decision. Prior to hearing
the appeal, the City Council needs to determine if Councilmember Barnes is a person who may appeal the
Planning Cormnission's decision under Section 8.136.040 (t3) of the Dublin Zoning Ordinance.
If the City Council concludes that Councilmember Barnes may appeal the Condition Use Permit decision,
the City Council should adopt Resolution (Exlfibit 2), and make the following findings:
mo
At the Planning Commission hearing, staff expressed concerns with the Conditional Use Permit
application, and recommended against approval.
Bo
The City received a timely and complete written appeal on the Planning Commission decision
from Councilmember Barnes.
Co
For purposes of appeals of Plannino. q Commission actions, City staff who testify at Planning
Commission meetings or prepare written materials for consideration by the Planning Commission
are "representatives explicitly" identified as representatives of members of the City Council.
If the City Council concludes that Councilmember Barnes may not appeal the decision, the City Council
should adopt Resolution ( E 'xhibit 1) and make the following finding:
Councilmember Barnes did not al6P~ar at the public hearing in connection with the Conditional
Use permit and did not otherwise inform the City 9f. her concerns before the Planning Commission
hearing and, thus she is not a person who can appeal this decision.
If the City Council adopts Resolution (E 'xhibit 1) determining that Councilmember Barnes may not appeal
the Conditional Use Permit, the decision of the Planning Commission stands. If the City Council decides
to adopt Resolution (Exhibit 2) determining that Councilmember Barnes may appeal the Conditional Use
Pern~it, the City Council should proceed with the Appeal Hearing.
PROJECT DESCRIPTION:
The Applicant, Rupa Narain of Montessori Plus is requesting a Conditional Use Permit to operate a
Montessori school within a 4,732 square foot tenant space located at 7234-40 San Ramon Road, Strouds
Plaza. The Montessori school would provide educational instruction for forty children between the ages of
three and six, from 7:30 a.m. to 5:30 p.m. Monday through Friday, following the Dublin School District
Calendar.
Under the Dublin Zoning Ordinance a Montessori school can be defined as either a community facility
providing educational instruction or a day care center for fifteen or more children. A community facility
and/or a day care center in the C-1 Retail Commercial Zoning District and a community facility under the
San Ramon Road Specific Plan Area 3A, requires a Conditional Use Permit approval prior to operation.
BACKGROUND:
This item was heard before the Planning Commission at a public hearing on July 14, 1998 and the
Planning Commission continued the public hearing to July 28, 1998. The Planning Commission staff
report dated July 14, 1998, (Exhibit 6), provides analysis and background regarding traffic and circulation
issues, consistency with the San Ramon Specific Plan; and land use compatibility issues. The City
received one letter objecting to the proposal from a resident of the Kildara Development. At the public
hearing no Dublin resident ot tenant of Strouds Plaza spoke regarding the project.
During deliberations, Commissioner Johnson noted that the existing Dance Studio within Strouds Plaza
has over 300 students with up to 30-40 people at one time and the school does not have any problems with
traffic. The Commissioner commented that he did not see a problem with allowing another type of school
in the center. Commissioner Musser stated that he felt it was a compatible location for a school and
thought traffic would not be an issue. The Planning Commission denied the Resolution denying the
project and directed staff to continue the public hearing and return at the next meeting with conditions of
approval on a 3-1-1 vote with Commissioner Hughes absent and Commissioner Jennings opposing.
At the July 28, 1998, public hearing the Planning Commission approved the Conditional Use Permit for
Montessori Plus on a 3-1-0 vote with Commissioner Hughes abstaining and Commissioner Jennings
3
opposing. A copy of the Planning Commission July 14 and 28, 1998, staff report with attachments and
the Minutes from the meetings are attached as (Exhibits 6 and 7).
City Council Action:
Under the City Zoning Ordinance, the City Council may affirm, affirm in part, or reverse the action of the
Planning Commission, based upon findings of fact. Findings shall identify the reasons for the action on
the appeal, and verify the compliance or nOn-compliance of the subject of the appeal and the provisions of
the Appeals Chapter of the Zoning Ordinance. The City COuncil may adopt additional conditions of
approval that address the specific subject of the appeal.
Appeal issues:
On August 2, 1998, the City received a letter appealing the Planning Commission decision from
Councilmember Barnes. Councilmember Barnes stated four areas of concern, which are as foIlows (staff
has modified the language somewhat for clarity):
· The school would be a neighbor to a dry cleaning establishment which uses cleaning chemicals.
· The school would be located in a space that has been a commercial venture thus impacting sales tax.
The other businesses in the shopping center have the need for delivery vehicles which present a safety
hazard for children.
· The shopping center does not afford the school with adequate and proper play areas for children.
Conclusion:
Based upon the information listed above and the Planning Commission staff reports and Minutes, dated
July 14 and 28, 1998, staff requests that the City Council evaluate the proposed project and either affirm,
afl.mu with additional conditions or modifications or reverse the action of the Planning Commission.
RECOMMENDATION: "
Staff recommends that the City Council conduct a public meeting, deliberate, and either (1) adopt the
Resolution Affirming the Planning Commission action on July 28, 1998 (Exhibit 4); (2) modify the
Planning Commission Approval (Exhibit 4); or (3) adopt the Resolution Reversing the Action of the
Planning Commission (Exhibit 5).
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RESOLUTION NO. 98 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
DETERMINATION THAT COUNCILMEMBER BARNES IS A PERSON WHO MAY NOT
APPEAL THE PLANNING COMMISSION DECISION REGARDING PA 98-030
MONTESSORI PLUS CONDITIONAL USE PERMIT UNDER SECTION 8.136.040 (B) OF TIlE
DUBLIN ZONING ORDINANCE
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional
Use Permit to establish a Montessori school within a 4,732 square foot tenant space located at 7234-40 San
Ramon Road, Strouds Plaza, in a PD Planned Development Zoning District with C-1 Retail Commercial
Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS, the Staff Report was submitted recommending that the application be denied; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on
July 14 and 28, 1998; and did adopt a Resolution No. 98-31 approving PA 98-030 Montessori Plus
Conditional use Permit; and
WHEREAS, the City received a timely and complete written appeal on the Planning Commission
decision from Councilmember Barnes: and
WHEREAS, Section 8.136.040 (B) of the Dublin Zoning Ordinance states that a Planning
Commission decision on a Conditional Use Permit application "may be appealed by anyone who, in person
or through a representative explicitly identified as such, appeared at a public hearing in connection with the
decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns
before the hearing"; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does find that:
A. Councilmember Barnes did not appear at the public hearing in connection with the Conditional Use
permit and did not otherwise inform the City of her concerns before the Planning Commission
hearing and, thus she is a person who can not appeal this decision.
EXHIBIT 1
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby determine that
Councilmember Barnes is a person who may not appe.al the Planning Commission decision regarding
PA 98-030 Montessori Plus Conditional Use Permit under Section 8.136.040 (B) of the Dublin Zoning
Ordinance.
PASSED, APPROVED AND ADOPTED this 1st day of September, 1998.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
DETERMINATION THAT COUNCILMEMBER BARNES IS A PERSON WHO MAY APPEAL
THE PLANNING COMMISSION DECISION REGARDING PA 98-030 MONTESSORI PLUS
CONDITIONAL USE PERMIT UNDER SECTION 8.136.040 (B) OF THE
DUBLIN ZONING ORDINANCE
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional
Use Permit to establish a Montessori school within a 4,732 square foot tenant space located at 7234-40 San
Ramon Road, Strouds Plaza, in a PD Planned Development Zoning District with C-1 Retail Commercial
Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS, the Staff Report was submitted recommending that the application be denied; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on
July 14 and 28, 1998; and did adopt a Resolution No. 98-31 approving PA 98-030 Montessori Plus
Conditional use Permit; and
WHEREAS, the City received a timely and complete written appeal on the Planning Commission
decision from Councilmember Barnes; and
WHEREAS, Section 8.136.040 (B) of the Dublin Zoning Ordinance states that a Planning
Commission decision on a Conditional Use Permit application "may be appealed by anyone who, in person
or through a representative explicitly identified as such, appeared at a public hearing in connection with the
decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns
before the hearing"; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does find that:
A. At the Planning Commission hearing, staff expressed concerns with the Conditional Use Permit
application, and recommended against approval.
EXHIBIT 2
Bo
The City received a timely and complete written appeal on the Planning Commission decision from
Councilmember Barnes.
Co
For purposes of appeals of Planning Commission actions, City staff who testify at Planning
Commission meetings or prepare written materials for consideration by the Planning Commission are
"representatives explicitly" identified as representatives of members of the City Council.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby determine that
Councilmember Barnes is a person who may appeal the Planning Commission decision regarding
PA 98-030 Montessori Plus Conditional Use Permit under Section 8.136.040 (B) of the Dublin Zoning
Ordinance.
PASSED, APPROVED AND ADOPTED this 1 st day of September, 1998.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
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2
Valerie A. Barnes
Member of the Dublin City Council
7366 lone Court
Dublin, Cali~bmia 94568
August 2, 1998
Mr. Richard Ambrose
City Manager
City of Dublin
Subject: Appeal of PA 98-030 Montessori Plus, Conditional Use Permit
Dear Rich;
Please enter my appeal of this Conditional Use Permit for the following
reasons:
The school would be a neighbor to a dry cleaning
establishment and the use of cleaning chemicals.
The school would be located in a space that has been a
commercial venture thus the income of sales tax.
'l'he other businesses in the shopping center have the need for
delivery vehicles which will add an increase safety hazard for
the children.
The shopping center does not afford the school with
adequate and proper play areas l'or children.
Valerie A. Barnes EXHIBIT 3
RESOLUTION NO. 98 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING
PA 98-030 MONTESSORI PLUS NEGATIVE DECLARATION AND
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL
WITHIN A 4,732 SQUARE FOOT TENANT SPACE
LOCATED AT 723440 SAN RAMON ROAD, STROUDS PLAZA.
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional
Use Permit to establish a Montessori school within a 4,732 squa[.e foot tenant space located at 7234-40 San
Ramon Road, Strouds Plaza, in a PD Planned Development Zoning District with C-1 Retail Conm~ercial
Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
July 14 and 28, 1998 and did adopt Resolution No. 98-31 approving PA 98-030 Montessori Plus Conditional
Use Permit; and
WHEREAS, Councilmember Barnes has appealed the decision of the Planning Commission to the
City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
that:
A.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
The Negative Declaration is adequate and in compliance with State law; and
EXHIBIT 4
Bo
C°
Do
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The proposed operation of a Montessori school within Strouds Plaza an existing retail commercial
center is compatible with other land uses, transportation and service facilities in the vicinity because
the proposed use will provide day care and education for the children of workers in the surrounding
commercial area.
The proposed use will not adversely affect the health or safety of persons residing or working in the
vicinity, and will not be detrimental to the public health, safety and welfare because the impacts of
the project to traffic and noise are less than significant.
The use will not be injurious to property or improvements in the neighborhood be. cause the Applicant
has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $4,733 or a
lesser amount as determined by the Director of Public Works for street improvements.
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.
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed because the vehicular trips this school will generate will occur before and
after peak retail and service hours.
The Montessori school is not contrary to the specific intent clauses, development regulations, and
performance standards established for the C-1 zoning district because the conditions of approval are
required to insure that the use, which will be supportive of surrounding retail uses through the
provision of day care and education of workers in the surrounding commercial areas, is compatible
with those uses.
H. The proposed use is consistent with the Dublin General Plan subject to conditional use permit
approval.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby affirm the July 28,
1998, decision of the Planning Commission, Resolution No. 98-31 regarding PA 98-030 Montessori Plus
Conditional Use Permit.
PASSED, APPROVED AND ADOPTED this 1 st day of September, 1998.
AYES:
NOES:
ATTEST:
Mayor
City Clerk
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RESOLUTION NO. 98 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
REVERSING THE ACTION OF THE PLANNING COMMISSION REGARDING
PA 98-030 MONTESSORI PLUS NEGATIVE DECLARATION AND
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL
WITHIN A 4,732 SQUARE FOOT TENANT SPACE
LOCATED AT 7234-40 SAN RAMON ROAD, STROUDS 'PLAZA.
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional
Use Permit to establish a Montessori school for a temporary period of one year only within a 4,732 square
foot tenant space located at 7234-40 San Ramon Road, Strouds Plaza, in a PD Planned Development Zoning
District with C-1 Retail Commercial Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that Certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on
July 14 and 28, 1998 and did adopt Resolution No. 98-31 approving PA 98-030 Montessori Plus Conditional
Use Permit; and
WHEREAS, Councilmember Barnes has appealed the decision of the Planning Commission to the
City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
that:
A.
B.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
The Negative Declaration is adequate and in compliance with State law.
The proposed operation of a Montessori school within Strouds Plaza an existing retail commercial
EXHIBIT 5
center is not compatible with other land uses, t(ansportation and service facilities in the vicinity
because the proposed use is not in accord with the t3~pe and nature of retail shopper and service
operations typically found in Strouds Plaza.
The proposed use is incompatible with existing business activities Mthin Strouds Plaza which
requires service vehicle deliveries creating a potentially unsafe situation for the operation of a school.
The subject site is not physically suitable for the type, dens!ty and intensity of the use and related
structures being proposed because Strouds Plaza does not provide an adequate school play area.
The Montessori school is contrary to the specific intent clauses, development regulations, and
performance standards established for the C-1 zoning district because the intent of the C-1 zoning
district is to provide for the development of retail commercial use types along major transportation
corridors and to ensure compatibility with adjacent residential and commercial uses.
The proposed location of school within a previous commercial tenant space is inconsistent with the
intent of the San Ramon Road Specific Plan which encourages retail shopper stores in Strouds Plaza.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby reverse the July 28,
1998, decision of the Planning Commission, Resolution No. 98-31.
PASSED, APPROVED AND ADOPTED this 1 st day of September, 1998.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
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2
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT FOR JULY 28, 1998
PROJECT:
PREPARED BY:
DESCRIPTION:
RECOMMENDATION:
BACKGROUND:
PA 98-030, Montessori Plus, Conditional Use Permit
~) Anne Kinney, Assistant Planner
Conditional Use Permit request for the establishment of a
Montessori school within a 4,732 square foot tenant space located
at 7234-40 San Ramon Road, Strouds Plaza.
Adopt a Resolution approving the Conditional Use Permit
The Planning Commission held a public hearing on PA 98-030 on July 14, 1998, and continued
the public hearing to July 28, 1998. At that hearing the Planning Commission discussed the
project and decided to approve the Montessori Plus School. The Planning Commission directed
Staff to prepare a Resolution approving the Conditional Use Permit for the July 28, 1998
continued public hearing. That resolution is attached as Exhibit A.
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
Ms. Rupa Narain
Montessori Plus
412 Old Ranch Road
San Ramon, CA 94583
Mr. R/chard Jeha
Strouds Plaza
318 Diablo Road, # 250
Danville, CA 94562
7234-40 San Ramon Road, Strouds Plaza
Planned Developmeni (PD) with C- 1 Retail
Commercial Base Zoning District
Retail/Office
ITEMNO. V, J
COPIES TO:
Ms. Rupa Narain, Applicant
Ms. Patric Davis
Mr. R/chard Jeha, Property Owner
PA File 98-030
EXI-IIR IT ~q
SPECIFIC PLAN DESIGNATION:
Area 3A
//
ENVIRONMENTAL REVIEW:
A Negative Declaration has been prepared for this project.
ATTACHMENTS:
Exhibit A:
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Resolution Approving the Conditional Use Permit
2
RESOLUTION NO. 98 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 98-030 MONTESSORI PLUS
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL WITHIN
A 4,732 SQUARE FOOT TENANT SPACE LOCATED AT 7234-40 S.a2q' RAMON ROAD,
STROUDS PLAZA.
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional
Use Permit to establish a Montessori school within a 4,732 square foot tenant space located at 7234-40 San
Ramon Road, Strouds Plaza, in a PD Planned Development Zoning District with C-1 Retail Conu'nercial
Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
July 14 and 28, 1998; and
WHEREAS, the Staff Report was submitted recommending that the application be denied; and
WI-IEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that:
Ao
The proposed operation of a Montessori school within Strouds Plaza an existing retail commercial
center is compatible with other land uses, transportation and service facilities in the vicinity because
the proposed use will provide day care and education for the children of workers in the surrounding
commercial area.
Co
The proposed use will not adversely affect the health or safety of persons residing or working in the
vicinity, and will not be detrimental to the public health, safety and welfare because the impacts of
the project to traffic and noise are less than significant.
The use will not be injurious to property or improvements in the neighborhood because the Applicant
EXHIBIT
has a~reed to mitigate off-site traffic and circulation impacts by the volunta~ payment of $4.733 or a
lesser amount as determined by the Director of Public Works for street improvements.
D. There are adequate provisions for public access, water, sanitation, and public utilities and sen'ices to
ensure that the proposed use and related structures would not be detrimental to the public health,
safety, and welfare.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed because the vehicular trips this school will generate'will occur before and
after peak retail and service hours.
F. The Montessori school is not contrary to the specific intent clauses, development regulations, and
performance standards established for the C-1 zoning district because the conditions of approval are
required to insure that the use, which will be supportive of surrounding retail uses through the
provision of day care and education of workers in the surrounding commercial areas, is compatible
with those uses.
G. The proposed use is consistent with the Dublin General Plan subject to conditional use permit
approval.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 98-030 Montessori Plus Conditional Use Permit request to establish a Montessori school within a 4,732
square foot tenant space located at 7234-40 San Ramon Road, Strouds Plaza, as generally depicted by the site
plan, labeled Exhibit B, stamped approved and on file with the Dublin Planning Department, subject to
compliance with the following conditions:
CONDITIONS OF APPROVAL.'.
Unless stated otherwise, all Conditions orA royal shall be corn lied vdth rior to the issuance ofbuildino
permits or establishment of use. and shall be sub ect to Planmn~, De artment review and a royal The
followin_o codes-re resent those de artments/ao_enmes res ons~ble for momtorlno- corn hance of the
condi '
Ramon Services District. ~'CO] Alameda County Department of Environmental Health_.
GENERAL PROVISIONS
1. Approval. PA 98-030 Montessori Plus Conditional Use Permit is approved to establish a school use,
for a maximum of forty students within 4,732 square foot tenant space at 7234-40 San Ramon Road,
Strouds Plaza. This approval shall generally conform to the project plans stamped approved, labeled
Exhibit B, consisting of a one (1) sheet prepared by the Applicant dated received by the Planning
Department on May 26, 1998. [PL]
SCHOOL OPERATION:.
2. Number of students. The school shall have a maximum enrollment of forty students. [PL, BI
2
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o
Parking spaces. The Applicant shall dedicate four parking spaces to the front of the school for drop-
off and pick-up of students. These parking spaces shall be identified by markings on the wheel stops
and other signage subject to the review and approval of the Community Development Director. [PL,
Traffic Safety Report. The Applicant shall retain a traffic engineer to prepare a traffic safety
report that addresses the loading and unloading of students. The Applicant shall follow all
recommendations of said report prior to occupancy or use. [PW']
Drop-off and pick-up of students. The Applicant shall be responsible for escorting each student
from the drop-offand pick-up area to and from the school [PO, PL]
Hours of operation. Hours of operation for the school shall be from 7:30 a.m. to 5:30 p.m. Monday
through Friday. [PL]
Noise/Nuisances. The Applicant shall control ail activities on the site so as not to create a nuisance to
the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to
project or be placed outside of the building. [PL, PO]
Maintenance. The Applicant shall be responsible for cleaning up and disposing of school generated
trash and litter on-site and off-site within the neighborhood. [PL]
POLICE SECURITY
City of Dublin Non-Residential Security Requirements. All security hardware for the use must
comply with the City of Dublin Non-Residential Security Requirements (see Exhibit G). Security
hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per
Dublin Police Services recommendations and requirements. [PO, B]
10.
Robbery, burglary, theft prevention and security program. The Applicant shall work with
Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft
prevention and security program for the business. [PO]
11.
Rear doors. The Applicant shall install in all rear doors, peepholes with 180 de~ee visibility for
security purposes. [PO]
FIRE PROTECTION
12.
Regulations and requirements. The Applicant shall comply with Alameda County Department of
Environmental Health and Alameda County Fire Department regulations and requirements at all
times. [CO, Fl
13.
Sprinkler system. The Applicant shall provide documentation to Alameda County Fire Department
that indicate that the existing sprinkler system has a current 5-year certification. [Fl
14.
15.
t6.
17
18.
19.
Smoke detection system. The Applicant shall install an interconnected smoke detection system
within the tenant space. Appropriate plans and fees shall be submitted to Alameda County Fire
Department for review and approval. [F]
Fire alarm system. The Applicant shall install one alarm pull station within the tenant space.
Appropriate plans and fees shall be submitted to Alameda County Fire Department for review mad
approval. [F]
Fire extinguishers. Fire extinguishers shall be installed throughout the facility in accordance with
the Uniform Fir~ Code, and/or State Fire Code. This may be field coordinated with the fire inspector
IF]
Exit Signs. The Applicant shall install exit illumination and exit signs showing exit pathways and
doors throughout the facility in accordance with the Uniform Fire Code, Uniform Building Code
and/or State Fire Code. [F, B]
KNOX Box. The Applicant shall install a KNOX box in accordance with Alameda County Fire
Department regulations and requirements. [F]
Fire Drills. Fire drills shall be conducted on a monthly basis and a report filed with Alameda County
Fire Department. [F]
BUILDING
20. Regulations and requirements. The proposed school shall obtain all necessary permits from the
Dublin Building Department and comply with all regulations and requirements of the City and State
Uniform Building Code. [B]
21. Rear exit path. The Applicant/Property Owner shall be responsible for maintaining the access path
to the rear of building A and B clear and unobstructed at all times. [B, PL]
22. Disabled access. The Applicant shall upgrade the tenant space to comply with all regulations and
requirements of Title 24. [B]
MISCELLANEOUS.
23. Regulations and requirements. All necessary permits shall be obtained from the Dublin Building
Department and Alameda County Fire Department. IF, B]
24. Signs. Any signage on site shall be subject to the City's Sign Ordinance. [PL]
25. Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning
Investigator Review and determination as to compliance with the conditions of approval. [PL]
26. Revocation of permit. The permit shall be revocable for cause in accordance with Section
g.96.020.I of the Dublin Zoning Ordinance
4
PASSED, APPROVED AND ADOPTED this 28th da)' of July, 1998.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Conunission Chairperson
Communit3, Development Director
O :\pa98030\cupres
5
CITY OF DUBLIN
PLA.NNING COMMISSION
AGENDA STATEMENT/STAFF REPORT FOR JULY 14, 1998
PROJECT:
PA 98-030, Montessori Plus, Conditional Use Permit
PREPARED BY:
Anne Kinney, Assistant Planner
DESCRIPTION:
Conditional Use Permit request for the establishment of a
Montessori school within a 4,732 square foot tenant space located
at 7234-40 San Ramon Road, Strouds Plaza. At the request of the
Applicant the Conditional Use Permit shall be considered for a
temporary period of one year only.
RECOMMENDATION: Adopt a Resolution denying the Conditional Use Permit
BACKGROUND:
The proposed Montessori school will provide educational instruction for up to forty (40) children
between the ages of three and six, from 7:30 a.m. to 5:30 p.m. Monday through Friday, following
the Dublin School District calendar. Under the Dublin Zoning Ordinance a Montessori school
can be defined as either a community facility providing educational instruction or a day care
center for fifteen or more children. A community facility and/or a day care center in the C-1
Retail Commercial Zoning District and a community facility under the San Ramon Road Specific
Plan Area 3A, requires a Conditional Use Permit approval prior to operation.
Rupa Narain, of Montessori Plus filed an application requesting approval of a Conditional Use
Permit on April 1, 1998. City Staff identified several issues with allowing a pre-school at this
location. The City discussed these issues with the Applicant, who proceeded to revise their
application and submitted additional information. The review of the revised application fail~d to
eliminate City concerns which included on-site traffic issues and a traffic study was requested.
The applicant did not prepare a traffic study.
The application request was subsequently revised to propose temporary approval to operate the
Montessori school for a period of one year only, to allow the school establish while the Applicant
looks for a more suitable location. Staffwas also verbally instructed to modify the application to
remove the drive-thrn drop-offand pick-up procedure as originally proposed. Ms. Patric Davis,
an associate of Rupa Narain, indicated that they would be willing to dedicate par'king spaces in
front of the school for drop-off and pick-up of students. The Applicant intends to request a
permanent conditional use permit at the end of the one year period, if it can be shown that the
Montessori school has had no adverse impact on Strouds Plaza and the surrounding
neighborhood.
ITEMNO. ~, I
COPIES TO:
Ms. Rupa Narain, Applicant
Ms. Patric Davis
Mr. R/chard Jeha, Property Owner
PA File 98-030
The City has received one letter objecting to the current proposal from a resident of the Kildara
Development (see Exhibit M). No contact or objections have been received from existing
· businesses in Strouds Plaza regarding the proposed use. Congresswoman Tauscher forwarded a
letter she received from the Applicant requesting assistance with the Conditional Use Pemfit
process, to Mayor Houston. A copy is attached.
ANALYSIS:
The purpose of a Conditional Use Permit is to determine whether the proposed use is appropriate
for the site. Issues that are commonly addressed include access to the site, land use
compatibility and site design. The following findings must be made by the Planning
Commission before a Conditional Use Permit may be granted:
o
7.
The proposed use and related structures is compatible with other land uses,
transportation and sera,ice facilities in the vicinity
The proposed use +,,ill not adversely affect the health or safety of persons residi~lg
or working in the vich~ity, or be detrimental to the public health, safety and
~t,elfare;
The proposed use will not be injurious to property or improvements in the
neighborhood;
There are adequate pro¥isions for public access, u,ater, sanitation, and public
utilities and servkes to ensure that the proposed use and related structw'es would
not be detrimental to the public health, safety, and u,elfare;
The subject site is physically suitable for the O~pe, density and intensity of the use
and related structures being proposed;
The proposed use will not be contrary to the specific intent clauses or
performance standards established for the PD Planned Dm,elopment Zoning
District with the C-1 Retail Commercial Base Zoning Dis. trier in ~4,hich it is to be
located and;
The approval of the Conditional Use Permit will be consistent with the Dublin
General Plan and the San Ramon Road Specific Plan.
Location:
The proposed Montessori school will locate within Strouds Plaza an existing retail commercial
center adjacent to the San Ramon Road transportation corridor at the intersection of Amador
Valley Boulevard. Access to the site is from San Ramon Road or from two driveways off of
Amador Valley Boulevard.
Montessori School Operation:
The Montessori school would provide educational instruction for forty (40) children between the
ages ofthree and six, from 7:30 a.m. to 5:30 p.m. Monday through Friday, following the Dublin
School District calendar. The Montessori school will occupy a 4,732 square foot tenant space
within building A (refer to Ext'fibit B).
The project proposes to enclose the gazebo area with a five foot wrought iron fence to provide an
2
outdoor play area for students. The gazebo is located adjacent to buildings A and B, at the
southwest comer of the site, approximately 200 feet from the school. Stepping stones shall be
placed within the landscaped area to the rear of building A to provide access between the school
and the gazebo. The gazebo will be used for recess, approximately three times a day for twenty
minute time periods. No trees will be removed as a result of constructing the five foot fence or
placement of the stepping stones.
Issues:
The primary issues associated with a Montess. ori school locating within Strouds Plaza include:
consistency with the intent of the San Ramon Road Specific Plan; on-site and off-site traffic and
circulation concerns; parking; compatibility with adjacent uses and potential nuisances to
existing businesses within Strouds Plaza and adjacent residents.
San Ramon Road Specific Plan:
The San Ramon Road Specific Plan establishes Strouds Plaza as Area 3A, primarily for the
development of retail shopper stores oriented to providing additional comparison shopping goods
for both Dublin and nearby community residents. It is the intent of the Specific Plan that the
principal use of this area be encouraged to be retail shopper stores. Other uses may include
personal services, and office/financial uses typically encountered in a Retail Business District.
The location of a community facility providing educational instruction / day care for children
between the ages of 3 and 6 would not be consistent with the intent of the Specific Plan.
The project is consistent with the Dublin General Plan designation of Retail/Office subject to
conditional use permit approval.
Traffic and circulation issues:
The Public Works department has determined that the Montessori school will generate 47
additional vehicular trips to local roadways. Project generated traffic will be distributed on
Amador Valley Boulevard and San Ramon Road. The Applicant has agreed to mitigate these
traffic impacts by the voluntary payment of $4,733 or a lesser amount as determined by the
Director of Public Works for street improvements.
According to a survey conducted by the Applicant of seventeen parents currently on the
enrollment list for Montessori Plus, the majority of students would be dropped-offbetween 7:30
a.m. to 9:30 p.m. and approximately 50% of students would be picked-up between 11:45 and
12:15 p.m. The remaining students would be collected at staggered intervals throughout the
afternoon. The survey indicated that approximately ten parents would be willing to car-pool.
Based on the fact that seventeen parents were surveyed and the pre-school may enroll up to forty
students, it can be assumed that the majority of students will be picked up during peak retail and
lunch-time hours.
Staff concerns relate to on-site traffic impacts that will result from the increased number of
vehicular trips this school use will generate during peak retail and service hours. Traffic impacts
including awkward turning movements and internal on-site traffic congestion will result in a
potentially unsafe situation which will be increased during inclement weather.
3
Parking:
Section 8.76.080 D of the Dublin Zoning Ordinance, requires the provision of an adequate
Ioading area for drop-off and pick-up of students for a day care center (for fifteen or more
children). The proposed Montessori drop-off and pick-up pattern is comparable to a day care
facility and therefore it is appropriate that the same standards be applied to the Montessori
school. Section 8.76.080 D requires the provision of one loading space for every five children
for drop-off and pick-up. If twenty students are enrolled in Montessori Plus, four dedicated
par'king spaces will be required. Based upon the proposed enrollment of forty students eight
dedicated loading/parking spaces will be required. In addition, one parking space is required for
each employee and company car.
Strouds Plaza currently has 273 par'king spaces (of which 6 are designated for handicapped
parking and 1 for loading). According to the current uses 239 stalls are required. Adequate
parking is available for the proposed use as well as other retail, commercial, restaurant and
entertainment uses at Strouds Plaza.
Compatibility with adjacent uses / nuisances:
Staff has concerns regarding a pre-school facility locating within an established retail center and
possible noise and other nuisances affecting surrounding businesses and adjacent residents. The
gazebo area is the school's designated play area and will provide outdoor recreation three times a
day for twenty minute time periods. The collective noise level of children playing throughout
the day may have a negative impact on the adjacent Kildara residential project and existing
businesses within Strouds Plaza. The existing ten foot sound wall along the western and part of
the southern property line and the dense landscaping in the gazebo area and between building
"A" and the property line may reduce impacts to adjacent residents. In addition, there is a
physical separation of at least 55 feet between the sound wall and the nearest residential unit in
the Kildara development. The presence of a Montessori facility with outdoor recreation on a
daily basis may adversely impact surrounding businesses.
Conclusion:
The Conditional Use Permit Application process evaluates proposed projects in relation to
certain criteria to determine if the project is appropriate for a.specific site. The proposed
Montessori school within Strouds Plaza is not an appropriate use given the inconsistency with
the intent of the San Ramon Road Specific Plan; potential on-site traffic and circulation issues;
compatibility with adjacent uses and potential nuisances to existing businesses within Strouds
Plaza and adjacent residents (Exhibit B). Staff, therefore, recommends denying the Conditional
· Use Permit. Should the Planning Commission decide to approve this application, staff will
return at the next meeting with an appropriate Resolution.
GENrERA.L IN~0RMATION:
APPLICANT:
Ms. Rupa Narain
Montessori Plus
412 Old Ranch Road
San Ramon, CA 94583
4
PROPERTY OWNER:
LOCATION:
EXISTING ZOI~NG:
lX~r. Richard Jeha
Strouds Plaza
318 Diablo Road, # 250
Danville, CA 94562
723440 San Ramon Road, Strouds Plaza
Planned Development (PD) with C-1 Retail
Commercial Base Zoning District
Z/
GENERAL PL.43Xl DESIGNATION:
SPECIFIC PL.4dN DESIGNATION:
Retail/Office
Area 3A
ENVIRONMENTAL REVIEW:
A Negative Declaration has been prepared for this project.
AY£ACHMENTS:
Exh.ibit A:
E.xlxibit B:
Exhibit C:
Exhibit D:
E 'xhibit E:
Exhibit F:
E 'xhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
E 'xkibit K:
Exhibit L:
Attachment 1:
G:~A98030\pcsr
Vicinity Map
Site plan stamped received May 26, 1998
Resolution Denying the Conditional Use Permit
Applicant's written statement
Additional statement prepared by Palric Davis
Letter from Rupa Narain
Letter from Property Owner
Letter from Congresswoman Ellen O. Tauscher
Results of Survey
Photographs of site taken by Applicant
Zoning History
Letter from Mildred Campbell, 7231 Cronin Circle, Dublin
Negative Declaration
5
7400
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7570
7560
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7170 7
71SB 720?-
7166 7200
7164' 7196
7t60 719Z
..7~5B 7~90
EXttIBIT A
Project Location
MonteSsori Plus
PA 98-030
SAN RAMON ROAD
BUILDING 'D'
RESOLUTION NO. 98 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA 98-030
MONTESSORI PLUS
CONDITIONAL USE PER.MIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL FOR A
TESfPORARYPERIOD OF ONE YE.MR ONLY WITHIN A'4,732 SQUARE FOOT TENANT
SPACE LOCATED AT 7234-40 SAN RAMON ROAD, STROUDS PLAZA.
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval ora Conditional
Use Permit to establish a Montessori school for a temporary period of one year only within a 4,732 Square
foot tenant space located at 723440 San Ramon Road, Strouds Plaza, in a PD Planned Development Zoning
District w/th C-1 Retail Commercial Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that em,ironmental documents be prepared; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WItEREAS, the Planning Commission held a properly noticed public hearing on said application on
July 14, 1998; and
WHEREAS, the Staff Report was submitted recommending that the application be denied; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that:
The proposed operation of a Montessori school within Strouds Plaza an existing retail commercial
center is not compatible with other land uses, transportation and service facilities in the vicinity
because the proposed use is not in accord with the type and nature of retail shopper operations
typically found in Strouds Plaza.
The proposed use will adversely affect the health or safety of persons residing or working in the
vicinity, and will be detrimental to the public health, safety and welfare because noise and traffic
impacts of the proposed use will adversely affect existing businesses in Strouds Plaza and adjacent
residents.
EXF/IBIT C
C. The use will not be injurious to property or improvements in the neighborhood because the Applicant
has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $4,733 or a
lesser amount as determined by the Director of Public Works for street improvements.
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.
E. The subject site is .not physically suitable for the t3'pe, density and intensity of the use and related
structures being proposed because on-site waffle impacts including awkward turning movements and
internal traffic congestion will result from the increased number of vehicular trips this school will
generate during peak retail and service hours.
F. The Montessori school is contrary to the specific intent clauses, development regulations, and
performance standards established for the C-1 zoning district because the intent of the C-1 zoning
district is to provide for the development of retail commercial use types along mai or transportation
corridors and to ensure compatibility with adjacent residential and commercial uses.
G. The proposed use is inconsistent with the intent of the San Ramon Road Specific Plan which
encourages retail shopper stores in Strouds Plaza.
H. The proposed use is consistent with the Dublin General Plan subject to conditional use permit
approval.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny
PA 98-030 Montessori Plus Conditional Use Permit request to establish a Montessori school for a temporary
period of one year within a 4,732 square foot tenant space located at 7234-40 San Ramon Road, Strouds
Plaza.
PASSED, DISAPPROVED AND ADOPTED this 14th day of July, 1998.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Community Development Director
G:\pa98030\cupres
L P, upa Narain, would like to open a Montessori pre-school/Kindergarten
located at 7234-36-35-40 San Ramon Road in Dublin for children be~,een the
ag.es of three to six. I am a certified Montessori teacher and my colleague is
certified as well.' Both of us have ten years of teaching experience in the Bay
.Area. In addition to both of u% we plan to have two to three other qualified
teachers, resulting in a total staff of four to five people.
A Montessori school, like the one we hope to open, is made up of sh'ucbared
classrooms. There/ore, children wilt be supervised at all times and/n a
classrOOm se~ng. They w/il also be supervised in the enclosed play space
where the children will be taken out to for three 2g-minute time slots
throughout fl~e day. This ~adlity is no~ a daycare cen~er but a school with a
prepared learning envirommen~ for young children. The school will be
dosed on holidays as it will ~ollow the Dublin School District calendar. At
present we have an enroltmemt of 30 children.
The schoot's hours are from 7:30 a.m. - 5:30 p.rm A drive-thru process.
common ~o many other ~aeil~ties such as crars, v~AI be utilized tbr designated
drop-off and pick-up hours. The children will be dropped off between
7:30 a.n'u and 9:00 a.m. and pick-up hours are behYeen 11:'45 aah.
and 12:15 p.m. This staggered pick-up process will help circumvent any
possible ~r~c jams.
Based on our present enrollment pattern, we axe anticipating that
appro)c~_raately 50 percent of the children will be leaving between 11:45 a.m.
m~d 12:15 p'.m.. In addition, based on oztt presen~ enro]?aen~, we already
hav'e eigkt sets of parents who are caxpooling, amd we expect a
respome ~o caxpoolL~g in the future.
The designated drop-off and pick-up hours are the times when children rn
be picked up and dropped off, but not all the children will come in or Ieave[fl~¥.
at once. Parents will enter and exit the school throush San Ramon Valley
I.
14:!9 LEE & ASSOCIATES
Boulevard. parents ~11 fotlow a "drive-thru" process by wl'dch ~ey ~dll
drive ~to the shopping center where b~vo staff members will be present to
~cort children to and from their c~s. Once the child is safely seated in the
vehicle parents will exit the shopping center,
It should be noted that mos~ o~ the d-dldren will be dropped of~ in the
morning prior, to the opening of other retail facilities in the shopping center.
Parents pickqng up their children be'ba, een 1:00 p.m. and 5:30 p.m. v, iI1 park
in spaces marked "ten minute parking" and come in the school to pick up
t_heir child. _,M;ternoon pick-up tim~ is always staggered in order to prevent
~c build-up.
Tt'~ drive-thru procedure is a standard procedure used by other schools
with much higher enrollment tkan our facility. The whole procedure does
not take more th~a'~ ~en minutes.
Children will be inside the center at all times other thim recess. The play area
~ill be ertclosed by a wrought-iron fence. Ch~dren will be supervised at all
times by trained staff members. Children wSJl access the play area ~d'trough
· the back e,xit door leading to the school's separate walkway (stepping stones).
The property is not located on or ne~ a hazardous site and thus the center
~ill in no way pose a health or sMety hazard to the members of the
communit7 and there will be no negative impacts on the Froperty- Noise'
impact to homeo~mer~ will be minimal due to the presence of an eight feet
soundwatl.
I'Ve are opening this facility dne ~o the high deem'rd fi:om parents in the TH-
Valley area for quality pre-schools. In addition, the site's proximity to the
~eeway m~kes it art ~ven more attractive location ~or working parents who
are seeking a converdenfly located pre-school/Kindergarten,
The benefits o~ out center indud~
MAY 2
030
· OiYeriv. g q~tality education to the residents of the city, of Dublin and g'reater
Tri-Valtey area
· Providing a pre-school at a convenient location in close proximity to the
~eeway
, Potential increase of business for retail stores in shopping canter, due to
the increase in number of individuals driving to the shopping center every
w~kday
·
HAY 2 B lggEI
..-DU~,LIN PLANNING
Dear Paten+-s,
This letter is to er,mu, re yom~ rmders~nding of drop~ofi¥1vick=uP and parldng
procedures at the tentative ]ocatiort for our ne~ school site in Dublin. Please
read ov~ this letter carefully and kindly fill out the attached survey.
In order to avoid any disruption to traffic flow, the use o£ Amador Blvd. as an
entrance to the school is stron~y discorrraged. We ask that you enter the
shopl~mg center lot throuF~tx .San Ramon Valley Blvd. During the drop-
off/pick-up times, a s~ff rnemb~ wilt ah,~ays be present to escort children to
their cars. You should think of this as a "drive-thru" process and not plan to
yp~__~-'e_, asked to.~f.o, llow the "U-turn~-~--d-exit'-tl{~ shopping cenmr.
please fi~'t~l a map W~-C~'-~~-~ the route which you should be taking. Vqe
are adopting thi~ process, which is qui~e standard and used in many other
~c_hools and childcare ~acilities, in order to ~oster maximum effidency during
drop-off/pick-up hours.
The p~king spaces desigrmted by "10 minute parking" ~411 be available
parking when needed. I-towever, at ail other times you are asked to follow the
drive-~d~-u process.
We also encourage yo~ to carpool with other' parer~ts in your area to.reduce
the number of c~%rs arrive§ at school during drop-oH/pick-uP hours. If you
are interested, we ~tould be ~ppY ~o provide you with the r,~mes of parents
living in your area.
If you have any questions pl.e. ase do not l~esitate to a~k Thank you for your
understanding and cooperanon.
Ad. ministra~or
I~Iontessori PLUS
TO
FROM
DATE
RE
LOCATION
Ann Kinney
City of DubIin
Patric T. Davis
May 11, 1998
Education Facilities Located in Retail Centers
g/STUDENTS
Kumon Math and Reading Center has five locations:
822 Hartz Way, Damflle
Hartz Plaza 100
4307 Valley Avenue, Pleasanton
Valley Plaza 120
4100 Blackhawk Circle, Dam,ilte
The Village at Tassajara 160
Country Fair Shopping Center
12169 Alcosta Boulevard, San Ramon 36
Alamo Plaza
21 Alamo Square Drive, Alamo 30
HOURS
M & Th. 3-6pm
T & Th. 3-6pm
M & Th. 3-6pm
T& F 3-6pm
M&W 3-6pm
Score Advantage Centers:
3482 Camino Tassajara, Damrille
(Safeway Center)
Mon-Thurs 2-apm
Fri. 2-6pm
Sat 10-6pm
Sun 11-4pm
Score at Kaplan Education Centers
220 Alamo Plaza, Alamo
(Safeway Center)
200
Same as above
Sylvan Learning Center
1989 Santa Rita Rd., Pleasanton
(1VLission Plaza)
85
M
T
W
T
F
9:30-8pm
9:30-7pm
9:30-8pm
9:30'-7pm
1 Lee & . ~'c~.. C'~V 5960 Stoneridge Drive, Suite
E~IT E · (925) 460-6200 · F~ (925) 460-6210
Assooates . ,,.
COMMEREIAL R~L ESTATE 5ERVIEES
The Info~n contained her~in Is base~ on estim~tei and ~ssumplions ~n~ ~ pre~ented for IIl~s~tlon purposes only. No representations, wa~nties or guarantees of any kind
Syh, an Learning Center
101 Sycamore Valley Rd, Danville
Danville Mercantile
150 M-F 9-8pm
Cast & Company
Strouds Plaza ' 350 M 2-11pm
T-T 3-11:30p
Moraga (85 students) and Springfield Montessori (120 students) have large Montessori
schools that lease space in retail centers. These learning and enrichment centers operate in
retail centers similar to Strouds. Not only do they compliment the trade area but benefit
the existing tenant mix by bringing families to their centers. Most of the traffic is
generated in off-peak hours. School is closed during holiday seasons during the year.
Montessori will have staggered pick-up and drop off during peak traffic congestion times
(11:45-12:15) per surveys submitted.
Fountainhead Montessori
1450 Moraga Road
Moraga, Ca.
376-8000
Springfield Montessori
2210 Oak Grove Road
Walnut Creek, Ca..
944-0626
We have provided pictures of the parking lot at key times tlu'oughout the day.
Strouds has adequate parking to accommodate this use. The property is currently zoned
for up to 25% office use which would have a more dramatic, detrimental effect on the
available par-king and tenants in that the cars remain parked for approximately an eight
hour period and generally office employees are not consumers with the exception of food
service You will note in the pictures that some of the parking in this comer area is being
used for employee parkLs, g at the present time (noted with red dot). There is an ideal
parking area in the front of Strouds that can be desig-nated as employee parking which
will eliminate any parking congestion.
Please note that Strouds does not use the rear doors for receiving and delivery of goods.
The store manager indicated that all material is received through the front doors.
Unlike the average customer, parents will be required to follow strict loading and
unloading procedures and the school has more control to see that these guidelines area
followed on a daily basis. All children will be personally escorted in the parking
area and will never be unattended.
Please note that all the existing landscaping will be used. We will not be removing
trees or shrubbery to accommodate the play area.
L~ee ~-
ssodates
COMM~_.RCI,~L R~'~.L Fg_q"rAT~ 5ERVICFz-.5
08 039
MEMOtLkNDUM
TO
ANNE KINNEY
CITY OF DUBLIN
FROM
.RUPA NARIN
PA 98-030 - MONTESSORI PLUS
STROUDS PLAZA
TEMPORARY USE PERMIT
DATE
JUNE19,1998
This is to request that the City of Dublin consider a temporary use
permit for one year for the above location.
I voluntarily agree to pay $4,733 or a lesser amount as required by the
Public Works Director to mitigate the traffic impact of this project. These
funds will be paid to the City of Dublin at the time of issuance of the
building permit.
318 Diablo Road, Suite 250
Danville, California 94526
May 6, 1998
(415) 820-2110
FAX (415) 820-2580
Ann Kinney
Assistant Planner
CITY OF DUBLIN
P. O. Box 2340
Dublin, CA 94568
Re:
Strouds Plaza
Ruppa Narain/Montessori
Conditional Use Permit
Dear Ms. Kinney:
This letter is intended to express the favorable interest of Dublin
Tcwn& country Associates, owner of Strouds Plaza, for the proposed
use presented by Ruppa Narain.
The Montesori enrichment facility is welcome in Strouds Plaza. We
feel it would blend well with our mixed use environment, and add a
· t to the community. We have spent considerable
signifzc~nt el.~m.e_n,__ ~m the stand point of hours of operation!
time stuay~ng ~n~s u ~ . . · ..... ~ with other strou~s
pa~king, drop-off ana plCK-UD,
tenants, its contribution to t~e center and its proposed use of the
gazebo/play area. During this time we looked at the impact this
use would have on other tenants and the neighboring residents, in
a way acting as our own planning department. Upon the completion
of our study we decided to offer Ruppa a lease with the intention
of having her Montessori school locate in Stroud Plaza.
Strouds Plaza, as you know, has gone through some major changes
since it opened in the mid-80's. We have turned the center around,
both aesthetically and leasing, with the center being 100% occupied
in 1997. We are proud of this accomplishment and continue to work
with our existing and prospective te~an~s to improve Strouds Plaza.
At this time we feel the Montessor~ school is a welcome addition
and urge you to grant a conditional use permit.
Very truly yours,
Richard Jeha
ELLEN O. TAU$CHER
C~aMr~E ON .
TELEPHONE
1801 N, ~.&,L.II:ORN~ BLVd.
SUITE
WALNUT CREEK. C,~
TELEPHONE 1~25) '~32..-8.~
1D0 C/VIC PLAZA
SUITE 242
DUBUN. C~k ~5~
TELEPHONE {g25) ~2~.-0813
42'O W 3RD $'r.
TELEPHONE lg25]
CITY ct- UO LiN
Iune 19, 1998
Ms. Kupa Narah
412 Old ~nch Ct.
San Ramon, California 94583
Dear Ms. Narain:
I am writing to aetmowledge your correspondence regarding your di~iculties with the City of Dublin's
Planning Commission.
I have taken the lib~rt3/of forwarding your letter to the Mayor of thc City of Dublin, Guy Houston,
for his review and consideration.
Thank you for bringing this matter to my attention.
Sincerely,
Ellen O. Tauscher
Member of Congress
EOT:jr
Enclosure
cc: The Honorable Guy Houston
PRINTED ON RECYCLED PAPER
EXHIBIT H
Rupa Narain
412 Old Ranch Ct.
San Ramon, CA 94583
(925) 829-5389
Representative Ellen Tausher
1801 California Blvd. N
Ste. 103
.Walnut Creek, CA .94596
I am writing with the hope thdt you'may be able to offer me some g~idance in
a matter I am currently de~ling with. I undm:stand that you are a great
advocate of childcare and re~li×e and value the need of quality .childcare in
OUI' al'ea.
I have been a teacher of pre-school and Kindergarten in the Bay Area for the
past ten years. In September 1997 1 left the school I was teaching at and derided
to open a large family daycare in San Ramon. The response from parents has
been tremendovrs and now I am looking to operate a larger facility this fall
due to an increase in enrollment.
Hence lies the problem. Initially it was very difficult to find a location that
was appropriately zoned and financially affordable in the Tri-Valley area.
Nevertheless, I yeas able to find a location in a shopping center in Dublin. The
owner agreed to lease space to me and approved a playground in the outdoor
space adjacent to the site.
I am now finding it tremendously difficult to convince the city's Planning
Commission that I will be able to operate a safe and quality
pre-school/ch/ldcare center from this site. I have been questione~l over and
over again regarding standard procedures that go on in schools and I am
be~ming to feel like the city almost does not wish for me to run a school at
this site. I have spent countless hours in the last few months running back
and forth to city hall to meet with various people, writing and re-writing
written statements and trying to convince the Planning Commission that I
can efficiently run a school from this site. In the meantime parents have been
inquiring about our school and 'we already have more than 30 parents
interested in enrolling their children in our school this coming fall.
It should not be this difficult to beo~in a leg-it~mate business that is of obvious
benefit to the community. I would be most appredative of any advice you can
offer as to how I can better work vdth dty offidals or how I can open this
school and ch.ildcare facility by this fall.
Thank you for your time.
Sera,rely, ~.
SURVEY RESULTS
FOR MONTESSORI PLUS
SOURCE: Survey of seventeen parents prepared by Rupa Narain.
Parents will drop off their children at:
07:30 a.m. - 07:45 a.m. ~]
:
07:46 a.m. - 08:00 a.m. ['~
08:01 a.m. - 08:15 a.m. ~]
08:16 a.m. - 08:30 a.m. [~]
08:31 a.m. - 08:45 a.m. [~
08:46 a.m. - 09:00 a.m. ~]
09:01 a.m. - 08:15 a.m. [~]
Total: 17
Parents will pick-up their children at:
11:45 a.m.- 12:00 p.ni. ~]
12:01 p.m.- 12:15 p.m. [~
12:16 p.m. - 13:00 p.m. [~
13:01 p.m.- 14:00 p.m. [~]
14:01 p.m.- 15:00 p.m. [~
15:01 p.m.- 16:00 p.m. [~
16:01 p.m.- 17:00 p.m. ~]
Total: 17
Ten Parents are willing to earpool and are prepared to aecomodate
two children: [~]
three children: ~]
four + children: ~]
EXttIBIT I
EX]~]J~IT J
, i
ZONING HISTORY
Building "A", Strouds Plaza
Z/
Reso 36-83:
PA 83-042:
On July 25, 1983, the Dublin City Council adopted the San Ramon Road
Specific Plan.
On June 11, 1984, the. Dublin City Council, approved a rezone of the
property 'from C-I Retail Business to PD Planned Development and Site
Development Request for a 52,100 square foot Town and Country
Shopping Center.
PA 86-050.1 &
PA 86-050.2: On June 23, 1986, the Dublin City Council approved an amendment to
Area 3 of the San Ramon Road Specific Plan, establishing Sub Area 3A,
and approved General Provisions for a Planned Development (PD)
rezoning to permit uses generally provided for by the C-1 Retail
Commercial District which includes outdoor seating as a conditional use.
PA 89-121
PA 90-045.1'
On December 18, 1989, the Planning Commission approved a Conditional
Use Permit and Site Development Review request to modify the
conditions of approval of PA 83-42 for an addition of 2,230 square feet to
an existing building of the Town & Country Shopping Center.
On July 16, 1990, the Planning Commission approved a Site Development
Review request for exterior modifications to existing buildings, a new sign
program including a new alternate freestanding shopping center master
identification sign and minor site alterations within the Dublin Town and
Counttqf Shopping Center and approval of a Conditional Use Permit to
allow modifications to the approved Planned Development provisions.
PA 90-045.2:
On September 4, 1990, the Planning Commission approved a Site
Development Review request for a new 2,100 square foot building and a
Conditional Use Permit to allow minor modifications to the approved
Planned Development.
PA 91-082
On November 18, 1991, the Dublin Planning Commission approved a
Conditional Use Permit request to establish a commercial recreational use,
instructional dance studio within a 2,112 square foot tenant space located
at 7232 San Ramon Road, Strouds Plaza.
PA 92-043
g:\pa 98030
On October 29, 1992, the Dublin Planning Commission denied a
Conditional Use Permit request to establish a family entertainment center
within a 8, 130 square foot tenant space at 7214-7224 San Ramon Road, in
the southwest corner of Strouds Plaza.
EXI-IIBIT K
t
INITIAL STUDY/
NEGATIVE DECLARATION
Prepared For:
City of Dublin
City Applications:
Conditional Use Permit
Prepared By:
Dublin Planning Department
Contact: Anne Kinney
(925) 833-6610
june 1998
~¢/P 77- ~
ATTACHMENT 1
City of Dublin
Environmental Checklist/Initial Study
Project Location
The project site is located west of San Ramon Road and south of Amador Valley Boulevard within an
existing retail commercial center, Strouds Plaza, Strouds Plaza consists of 4.85 Ac and provides a range
o£ retail, service and restaur~.nt uses.
Surrounding land uses include the Kildara residential condominium project to the west and the Iceland
skating rink commercial development to the south. To the north and east of the site, San Ramon Road
and Amador Valley Boulevard have been built. A vacant site exists north of Amador Valley Boulevard
and to the east of San Ramon Road retail commercial properties have been conslructed.
E 'xhibit 1 depicts the project location.
Project Description
Rupa Narain, of Montessori Plus is requesting approval of a Conditional Use Permit for a proposed
Montessori school for forty (40) children between the ages of three to six, located at 7234-40 San
Ramon Road, Strouds Plaza. School hours will be from 7:30 a.m. to 5:30 p.m. Monday through Friday,
following the Dublin School District calendar.
It is proposed that the Montessori school will locate in building A (refer to Exhibit 2) and occupy 4,732
square feet. Adjacent tenants include a dry clean service, Cast & Company dance studio, Strouds and
the Livermore Cyclery.
The project proposes to enclose the gazebo area located adjacent to buildings A and B, at the southwest
corner of the site with a five foot wrought iron fence to provide an outdoor play area for the children.
Stepping stones shall be placed within the landscaped area to rear of building A to provide access to the
gazebo. Students will escorted to the gazebo three times a day for twenty minute periods, for recess. No
trees will be removed as a result of constructing the five foot fence or placement of the stepping stones.
The Applicant is proposing a drive-thru procedure to drop-off and pick-up the students. The parents
shall be required to enter and exit Strouds Plaza through San Ramon Road and follow a drive-thru
procedure to the gazebo area. The gazebo area is located approximately 200 feet from the school, as
shown on Exl'fibit 2. A school employee will meet each child and escort them to the gazebo area. In the
morning times, children shall collect in this area and then be escorted along the stepping stones
approximately 200 feet to the school.
According to a survey conducted by the Applicant of seventeen parents currently on the enrollment list
for Montessori Plus. The majority of students shall be dropped-offbetween 7:30 a.m. to 9:30 p.m. and
approximately 50% of students shall be picked-up between 11:45 and 12:15 p.m. The remaining
students shall be collected at staggered intervals throughout the afternoon. The survey indicated that
approximately ten parents would be willing to car-pool.
1 Montessori Plus
PA 98-030
T400
7550
project Site
.®.
I
' 1
i ---f--t
/
SAN RAMON ROAD
1. Project description:
PA 98-030, Montessori Plus Conditional Use Permit.
Rupa Narain, of Montessori Plus, is requesting approval of a
Conditional Use Permit for a proposed Montessori school for
forty (40) children between the ages of three to six, located at
7234-40 San Ramon Road, Strouds Plaza. School hours will be
from 7:30 a.m. to 5:30 p.m. Monday through Friday, following the
Dublin School District calendar.
2. Lehd agency:
City of Dublin
100 Civic Plaza
Dublin CA 94568
3. Contact person:
4. Project location:
Anne Kinney, Assistant Planner
West of San Ramon Road and south of Amador Valley Boulevard
within an existing retail commercial center, Strouds Plaza
5. Project sponsor: Rupa Narain, Montessori Plus
6. General Plan designation: Retail/Office
7. San Ramon Specific Plan designation: Zone 3A Retail
8. Zoning: PD Planned Development with C1 Retail Commercial Base Zoning
District
9. Surrounding zoning and uses:
North:
South:
East:
West:
Amador Valley Boulevard - (vacant commercial property further
north)
The Iceland skating rink commercial development
San Ramon Road - (retail commercial developments further east)
Planned Development- Kildara residential
condominiums
10. Other public agency required approvals:
· Building permits (City of Dublin)
2 PA 98-030
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, invoMng at
least one impact that is a "potentially significant impact" as indicated by the checklist on the following
pages.
Land Use/Planning Transportation/ Public Sen,ices
Circulation
Population/Housing .Biological Resources Utilities/Sen,ice
Systems
Geotechnical Energy/Mineral Aesthetics
Resources
Water Hazards Cultural Resources
Air Quality Noise Recreation
Mandatory Findings
of Si~m~ificance
Determination (to be completed by Lead Agency):
On the basis of this initial evaluation:
X I find that the proposed project could not have a significant effect on the environment and a
Negative Declaration will be prepared.
.. I find that although the proposed project could have a significant effect on the environment, there
will not be a si=maificant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Negative Declaration will be prepared.
I find that althougl-~ the proposed project may have a significant effect on the environment, but at
least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on
the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless
mitigated." An Environmental Impact Report is required, but must only analyze the effects that
remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because all potentially si=m:dficant effects (a) have been
analyzed adequately in an earlier EIR pursuant to applicable standards, and Co) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on
the proposed project.
Printed Name: t4n,~- ~,~,w,~ For:
Montessori Plus
3
PA 98-030
Evaluation of Environmental Impacts
1) A brief explanation is required for all answers except "no impact" answers that are adequately
supported by the information sources a lead agency cites in the parenthesis following each
question. A "no impact" answer is adequately supported if the referenced information sources show
that the impact simply does not apply to projects like the one involved (e.g. the project falls outside
a fault rupture zone). A "no impact" answer should be explained where it is based on project-
specific factors as well as general factors (e.g. the project '~411 not expose sensitive receptors to
pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action, including off-site as well as on-site, cun~ulative
as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "potentially significant impact" entries when the determination
is made, an EIR is required.
4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated implies elsewhere
the incorporation of mitigation measures has reduced an effect from "potentially significant effect"
,, ' ' impact." The lead agency must describe the mitigation measures and
to a less than s~gmficant
briefly explain how they reduce the effect to a less than significant level.
5) Earlier analyses may be used where, pursuant to the tiering, pro,am EIR, or other CEQA
processes, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section
15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist.
6) Lead agencies are encouraged to incorporate the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
document in substantiated. A source list should be attached and other sources used or individuals
contacted should be cited in the discussion.
7)
This is only a suggested form and lead agencies are free to use different forms.
Montessori Plus
4 PA 95-030
Environmental Impacts (Note: Source of determination listed in parenthesis. See Iisting of sources
used to determine each potential impact at the end of the checklist)
Note: A full discussion of each item is found
folloxdng the checklist.
I. Land Use and PIanning. Will theproject
a) Conflict with general plan.designation or
zoning? (Source: 1, 2, 3, 4, 5, 6)
b) Conflict with applicable environmental plans
or policies adopted with jurisdiction over the
project? (Source: I, 2, 4, 5, 6)
c) Be incompatible with existing land use in the
vicinity? (Source: 1, 2, 3, 4, 5, 6)
d) Affect agricultural resources or operations
(soils or farmlands or in?acts from
incompatible uses)? (Source: 1, 2)
e) Disrupt the physical arrangement of an
established commurfity (including low income
or a minority community)? (Source: 1, 2)
II. Population and Housing. WouM the project:
a) Cumulatively exceed official regional or local
population projections? (Source: 1, 2)
b) Induce substantial growth in an area either
directly or indirectly (e.g. through projects in an
undeveloped area or extension of major
inff~mc~e)? (Source: 1, 2)
c) Displace existing housing, especially affordable
homing? (Source: 1, 2)
III. Soils and Geology. Would the proposal result in
or expose people to potential impacts involving:
a) Fault rupture? (Source: 1, 2 )
b) Seismic ~ound shaking? (Source: 1, 2)
c) Seismic ground failure? (Source: 1, 2)
d) Seiche, tsunami, including liquefaction?
(Source: 1, 2)
e) Landslides or mudflows? (Source: 1, 2)
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading or fill?
(Source: 1, 2)
g) Subsidence of land? (Source: 1, 2)
h) Expansive soils? (Source: 1, 2)
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
5 Montessori Plus
PA 98-030
i) Unique geologic or physical features? (Source: 1,
2,3)
Dr. Water. l['~ould the proposal result in:
a) Changes in absorption rates, drainage patterns, or
the rate and mount of surface run-off?. (Source:
1,2)
b) Exposure of people or property to water related
hazards such as flooding? (Source: FEMA map)
c) Discharge into surface waters or other alteration
of surface water quality (e.g. temperature,
dissolved oxygen or turbidity)?
(Source: 1, 2)
d) Changes in the mount of surface water in any
water body? (Source: 1, 2)
e) Changes in currents or the course or direction of
water movements? (Source: 1, 2)
f) Changes in the quantity of ground waters, either
through direct additions or withdrawals, or
through substantial loss of groundwater
recharge capability? (Source: 1, 2)
g) Altered direction of rate of flow of groundwater?
(Source: 1, 2)
h) Impacts to groundwater quality? (Source: 1, 2)
i) Substantial reduction on the amount of
groundwater other-~Sse available for public
water supplies? (Source: 1, 2)
V..adr Quality. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
(Source: 1, 2)
b) Expose sensitive receptors to pollutants?
(Source: 1, 2 )
c) Alter air movement, moisture, temperature, or
cause any change in climate? (Source: 1, 2)
d) Create objectionable odors? (Source: 1, 2)
VI. Transportation/Circulation. Would the
proposal result in?
a) Increased vehicle trips or traffic congestion?
(Source: 1, 2)
Potentially ?otentially Less than No
Significant Sic~nificant Significant Impact
Unless Impact
Mitigated
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Montessori Plus
6 PA 98-030
b) Hazards to safety from design features (e.g.
sharp curves or dangerous intersections) or
incompatible uses (e.g. farm equipment)?
(Source: 1, 2, 3)
c) Inadequate emergency access or access to nearb,
uses? (Source: 1, 2, 3)
d) Insufficient parking capacity on-site or off-site?
(Source: 1, 2, 3)
e) Hazards or barriers for pedestrians or bicyclists?
(Source: 1, 2, 3)
f) Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? (Source: 1, 2)
g) Rail, waterborne or air traffic impacts? (Source:
1,2,3)
VII. Biological Resources. PVould the proposal
result in impacts to:
a) Endangered, threatened or rare species or their
habitats (including but not limited to plants,
fish, insects, animals and birds)?
(Source: 1, 2, 3)
b) Locally designated species (e.g. heritage trees)?
(Source: 1, 2, 3)
c) Locally designated natural communities (e.g. oak
forest, coastal habitat)? (Source: 1, 2)
d) Wetland habitat (e.g. marsh, riparian and vernal
pool)? (Source: 1, 2)
e) Wildlife dispersal or migration corridors?
(Source: 1, 2)
VII. Energy and Mineral Resources. Would the
proposal:
a) Conflict with adopted energy conservation
plans? (Source: 1, 2)
b) Use nonrenewable resources in a wasteful and
inefficient manner? (Source: 1, 2)
c) Result in the loss of availability of a -known
mineral resource that would be of future value
to the region and residents of the State?
(Source: 1, 2)
PotentiallyPotentiallyLess than No
SignificantSignificantSignificantImpact
Unless Impact
Mitigated
'X
X
X
X
X
X
X
X
X
X
X
X
X
X
7 Montessori Plus
PA 98-030
IX. Hazards. I¥ould the proposal invoh,e:
a) A risk of accidental explosion or release of
hazardous substances including but not limited
to oil, pesticides, chemicals, or .radiation?
(Source: 1, 2)
b) Possible interference with an emergency
response plan or emergency evacuation plan?
(Source: 1, 2)
c) The creation of any health hazard or potential
health hazards? (Source: 1, 2)
d) Exposure of people to existing sources of
potential health hazards? (Source: 1, 2)
e) Increased fire hazard in areas with flammable
brush, grass or trees? (Source: 1, 2)
X. Noise. 13rouId the proposal result in:
a) Increases in existing noise levels? (Source: 1, 2,
4)
b) Exposure of people to severe noise levels?
(Source: 1, 2, 4)
XI. Public Services. Would the proposal result in a
need for new or altered governmental sera,ices
in any of the following areas?
a) Fire protection? (Source: 1, 2)
b) Police protection? (Source: 1, 2)
c) 'Schools? (Source: 1, 2)
d) Maintenance of public facilities, including
roads? (Source: 1, 2)
e) Other governmental services? (Source: 1, 2)
XII. Utilities and Service Systems. Would the
proposal result in a need for new systems or
supplies, or substantial alterations in the
following utilities?
a) Power or natural gas? (Source: 1, 2)
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
X
X
X
X
X
X
X
X
X
X
X
X
~ X
X
X
X
X
b) Communication systems? (Source: 1, 2)
c) Local or regional water treatment or distribution
systems? (Source: 1, 2)
d) Sewer or septic systems? (Source: 1, 2)
e) Storm water drainage? (Source: 1, 2)
f) Solid waste disposal? (Source: 1, 2) Montessori Plus
8 PA 98-030
X
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
X
X
X
X
X
X
X
X
X
X
g) Local or regional water supplies? (Source: 1, 2)
XIII. Aesthetics. I~ould the proposal:
a) Affect a scenic vista or view? (Source: 1, 2, 3)
b) Have a demonstrable negative aesthetic effect?
(Source: 1, 2, 3)
c) Create light or glare? (Source: 1, 2, 3)
XIV. Cultural Resources. V/ould the proposal:
a) Disturb paleontological resources? (Source: 1, 2)
b) Disturb archeological resources? (Source: 1, 2)
c) Have the potential to cause a physical change
which would affect unique ethnic cultural
values? (Source: 1, 2)
d) Restrict existing religious or sacred uses within
potential impact area? (Source: 1, 2)
X¥. Recreation. 15Zould the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
(Source: 1, 2)
b) Affect existing recreational opportunities?
Source: 1, 2, 3)
XVI. Mandatory Findings of Significance.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number of or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
9 Montessori Plus
PA 98-030
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects and the effects of
probable furore projects).
d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
X
Sources used to determine potential environmental impacts
2.
3.
4.
5.
6.
7.
Determination based on location of project.
Determination based on staff office review.
Determination based on field review.
Determination based on the City of Dublin General Plan.
Determination based on the City of Dublin Zoning Ordinance.
Determination based on Specific Plan.
Not Applicable.
XVII. Earlier Analyses
Earlier analyses may be used where, pursuant to th~ tiering, program EIR, or other CEQA process, one
or more effects have been adequately analyzed in an earlier EIR or negative declaration, Section 15063
(c)(3)(d). In this case, a discussion should identify the following on attached sheets.
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures base don an earlier analysis.
c) Mitigation measures. For effects that are "less than si~m~.ificant with mitigation incorporated,"
describe the mitigation measures which are incorporated or refined from the earlier document and the
extent to which they address site specific conditions for the project.
Montessori Plus
10 PA 98-030
EVALUATION OF ENVIRONMENT.Al, IMPACTS
1. Land Use and Planning.
There are no impacts to Items lB through 1E and less than significant impacts to IA. This
determination is based on the sources referenced in the Initial Study. The General Plan designation for
the project site is Retail/Office. The project is located in the PD Planned Development with C1 Retail
Commercial Base Zoning District. The project is also located within the San Rarnon Road Specific Plan
area, Zone 3A Retail. A day care center / community facility requires a Conditional Use Permit in the
C1 Retail Commercial Zoning District and the San Ran/on Road Specific Plan, Zone 3A Retail. The
proposed use is not consistent with the intent of the Specific Plan because Zone 3A, encourages retail
shopper stores, other uses may include personal services or office / financial uses typically encountered
in a Retail Business District. This project is consistent with the Dublin General Plan and the Zoning
Ordinance. This initial study represents full California Environmental Quality Act compliance ~Sth
regard to the proposed project. The City of Dublin has adopted no other City-wide or specific
environmental plans or policies which would affect this application. The proposed Montessori school
will be located within Strouds Plaza, an existing retail commercial center. The use will not alter the
planned land use of the neighborhood because this has been made compatible with commercial and
adjacent residential uses by means of conditions of approval for a Conditional Use Permit.
2. Population and Housing.
There are no impacts to Items 2A through 2C. This determination is based on the sources referenced in
the Initial Study. The project will not si=m~ificantly alter the overall density, location, distribution or
growth rate of the human population in the area. The project will not impact existing housing or create a
need for new housing because a Montessori school serves children from existing residences.
3. Geologic Problems.
There are no impacts to Items 3A through 31. This determination is based on the sources referenced in
the Initial Study. Strouds Plaza is an existing commercial facility designed for retail, service and
restaurant uses. The Montessori school will not involve any new construction or any significant -
disturbance of existing physical condition~. Even though the site is located within the Aquist Priolo
Special Studies zone, geotechnical studies performed prior to construction of existing facility did not
identify an active fault within 50 feet of the proposed school.
4. Water.
There are no impacts to Items 4A through 4I. This determination is based on the sources referenced in
the Initial Study. The site is located in Zone X of the current FEMA map, which is defined as areas
outside of the 500-year flood. The proposed project will not expose people or property to flooding or
other water related hazards. The proposed project will not result in changes in on and offsite drainage
patterns or the rate and amount of surface water runoff because the site is already developed with
buildings and paved parking lot. In addition, the project will not alter the quality or quantity of ground
waters and it will not reduce public water supplies.
5. Air Quality.
There are no impacts to Items 5A through 5D. This determination is based on the sources referenced in
the Initial Study. The site is developed with an existing retail, service and restaurant uses. The existing
Montessori Plus
11
PA 98-030
Planned Development for the site permit all these types of uses. The Montessori school would add
additional vehicular traffic to this portion of Dublin, however the vehicles are not expected to contribute
substantial vehicular air emissions that would deteriorate ambient air quality. The location of Strouds
Plaza adjacent to San Ramon Road transportation corridor, a direct connection to 1-680 and the sites
proximity to residential areas where children live could minimize air quality impacts
6. Transportation/Circulation.
There is a less than significant impact to items 6A and 6B and no impacts to items 6C through 6G. This
determination is based on the sources'referenced in the Initial ~tudy. The proposed project would add
additional vehicles to local roadways. The City of Dublin has instituted a traffic impact fee based on the
number of trips generated by new projects. The Montessori Plus project would generate an additional 47
trips per day. Project generated traffic will be distributed on Amador Valley Boulevard and San Ramon
Road. The Applicant has agreed to mitigate these traffic impacts by the voluntary payment of $4,733 or
a lesser amount as determined by the Director of Public Works for street improvements.
The City of Dublin Public Works Department has reviewed the proposal and has concluded the
following. The drive-thru procedure to drop-off and pick-up students at the gazebo area, located
approximately 200 feet from the school entrance has been proposed without the provision of an adequate
loading area. If eight (8) dedicated loading spaces are provided in front of the school entrance (per
Section 8.76.080 D of the Dublin Zoning Ordinance, one loading space is required for every five
children), circulation impacts of drop-off and pick-up would be minimized. The Applicant shall submit
a revised site plan indicating the dedicated loading stalls and shall address all transportation and
circulation concerns to the satisfaction of the Director of Public Works.
Strouds Plaza is located adjacent to the San Ramon transportation corridor at the intersection of Amador
Valley Boulevard, access to the site is from San Ramon Road and fi.om two driveways off of Amador
Valley Boulevard. The project will not impact emergency access or access to nearby uses, parking
capacity on-site, or result in rail, waterborne or air traffic impacts.
7. ,8. & 14. Biologichl, Energy and Mineral; and Cultural Resources.
There are no impacts to Items 7A through 7E; 8A through 8C; or, 14A through 14D. This determination
is based on the sources referenced in the Initial Study. No known rare or endangered or threatened
species, or energy, mineral or cultural resources are present on this developed commercial site.
9. Hazards.
There are no impacts to Items 9A through 9E. This determination is based on the sources referenced in
the Initial Study. The project is not located on a hazardous waste and substances site. Ail potential
health hazards are addressed by the Department of Environmental Health and The State Department of
General Services.
10. Noise.
There is less than sLm~ificant impacts to Items 10A through 1 OB. This determination is based on the
sources referenced in the Initial Study. The Montessori school will provide educational instruction for
forty children between 7:30 a.m. to 5:30 p.m., Monday through Friday, following the Dublin School
District calendar. The children will be dropped offbetween 7:30 a.m. and 9:30 a.m. and will collect in
12 Montessori Plus
PA 95-030
the gazebo area until escorted to the school. The gazebo area will be enclosed with a 5 foot wrought iron
fence and will be the school's designated play area. The children ',,,,ill be escorted to the gazebo three
times a day for twenty minute time periods. The collective noise level of playing children prior to 8:00
a.m. and through out the day may have a potentially significant impact on the adjacent Kildara
residential project and existing businesses within Strouds Plaza. The existing ten foot sound wall along
the western and part of the southern property line and the dense landscaping in the gazebo area and
between building A and the property line will reduce the impact of noise on adjacent residences to less
than significant impact. In addition, there is a physical separation of at least 55 feet between the sound
wall and the nearest'residential unit in the Kildara development.
11. Public Sen'ices.
There are no impacts to Items 1 lA through 11I. This determination is based on the sources referenced in
the Initial Study. The proposed Montessori school will not demand more public services than already
being provided to the commercial and residential uses in the vicinity.
12. Utilities and Services Systems.
There are no impacts to Items 12A through 12G. This determination is based on the sources referenced
in the Initial Study. Any required sewer and/or water connection fees will be charged by the Dublin San
Ramon Services District (DSRSD) at the time of building permit issuance.
13. Aesthetics.
There are no impacts to Items 13A through 13C. This determination is based on the sources referenced
in the Initial Study. A review of site plans and a field visit to the project site indicate that the project
would not result in the obstruction of any scenic vista or view open to the public.
15. Recreation.
There are no impacts to Items 15A and a less than significant impact to 15B. This determination is based
on the sources referenced in the Initial Study. The enclosing of the gazebo area will limit access and use
of this area by the existing tenants of the retail center. Based on conversations with the Property
Manager, this krea is rarely used by other tenants. Potential conflict between Montessori Plus and other
tenants for use of the gazebo area (outside of school use) shall be minimized through conditions of
approval for a Conditional Use Permit. The project will not effect any off-site recreational uses or
facilities
Montessori Plus
13
PA 98-030
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 28, 1998, in
the Dublin Civic Center City Council Chambers. The meeting was called to order at 7:00 p.m. by
Chairperson Jennings.
ROLL CALL
Present: Commissioners Jennings, Johnson, Hughes, Musser, and Oravetz; Eddie Peabody Jr.,
Community Development Director; Dennis Carrington, Senior Planner; Tasha Huston, Associate
Planner; and Gaylene Burkett, Recording Secretary.
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag.
The minutes from the July 14, 1998 meeting were approved as submitted.
ADDITIONS OR REVISIONS TO THE AGENDA - None
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS - 4 letters were received from the public on item 8.2 opposing the
project.
PUBLIC HEARING
8.1
PA 98-030, Montessori Plus, Conditional Use Permit An application for a Conditional Use
Permit for the establishment of a Montessori school within a 4,732 square foot tenant space
located at 7234-40 San Ramon Road, Strouds Plaza. (This public hearing is continued from the
July 14, 1998 meeting)
Regular Meeting
[7-28 pcmi]
68 July 28, 1998
EXHIBIT 7
Cm. Jennings explained the process of a public hearing and asked for the staff report.
Dennis Carrington, Senioi' Planner, presented the staff report. He stated that at the last Planning
Commission meeting staff was directed to prepare a resolution of approval for the project. He stated that
staff recommends the Planning Commission adopt the resolution. He outlined a few conditions of
approval for the project. There is a requirement that four parking spaces be provided, and there is the
requirement of a traffic safety report.
Rup~ Narain, Applicant stated item 3 and 5 contradict each other. Item 3 states that there is the
requirement of four parking spaces. Item 5 is the drop off and pick up of students. If the parents are
going to park, there is no need for staffto go out and bring the children in. If there was a drive through
process, the parents would stay in the car and staff would stay out there and escort children to the center.
She had contacted a civil engineer, and he was instructed by Public Works staff that the report must be
based on the loading and unloading of children. She is trying to open a small school and these costs are
adding up. She felt the traffic safety report was unnecessary if parking spaces are available.
Cm. Jennings asked if all the other conditions were acceptable as written.
Ms. Narian responded yes.
Mr. Carrington stated the parking spaces are a requirement of the Zoning Ordinance. They based the
requirements on a large family daycare. It is a reasonable requirement based on the number of children.
Regarding condition number 5, staff understood that the applicant was proposing to be responsible for
escorting each student from the drop-off and pick-up area to and from the school.
Cm. Jennings asked if the traffic study had been completed.
Ms. Narian stated it will be done, but a lack of time has not allowed for that.
Cm. Jermings asked Mr. Carrington if the conditions are part of the resolution.
Mr. Carrington stated yes.
Cm. Johnson asked if staff cared how the students were escorted to the school.
Mr. Carrington stated as long as the child is escorted safely to the school.
Cm. Oravetz asked if the dance studio was required to do a traffic safety report.
Mr. Carrington stated no.
Cm. Musser asked if the applicant volunteered to pay the $4,733 for traffic mitigation.
Ms. Narain stated that she did not have a choice.
Regular Meeting 69 July 28, 1998
[7-28 pcmi]
Mr. Carrington stated the initial study indicated that there would be a traffic impact fee. To avoid a
mitigated negative declaration, staff lets the applicant know that they can voluntarily contribute an
amount that is determined by an independent traffic consultant.
Cm Musser asked the difference between this project and Tri-City project.
Mr. Carrington stated the other project is a temporary project and their lease runs out in' the year 2000.
Cm. Musser stated some safety issues need to be addressed. He asked Ms. Narain if they could provid~
a staff member to escort the kids inside.
Ms. Narain stated they could do that.
Cm Musser asked the cost of the traffic report.
Ms. Narain stated $2,800+, on top of the traffic impact fee.
Cm. Oravetz asked how long the lease was for.
Ms. Narain stated 5 years with a yearly review. She asked why the traffic safety report was necessary;
she felt it was not called for. They are required to have the parking spots and have the children escorted
to the school. She asked how it is a safety hazard.
Kevin VanKatwyk, Sr. Civil Engineer, stated with a school like this, there could be traffic bac 'king up
and with the traffic study, the City can make sure traffic circulates well.
Floyd Davis, Public Works Engineer, stated he spoke with the Public Works Director and the traffic
study is necessary. He has spoke with their traffic engineer and they had some concerns that have been
discussed with the applicant and City staff. One of the suggestions that was made by their Traffic
Engineer was the construction of a loading and unloading area being located in the cul-de-sac on
Amador Valley Road. The City Public Works Department is not opposed to such and was willing to
work with their Traffic Engineer in developing improvement plans. Subsequent conversations with the
Traffic Engineer indicated that their client was vehemently opposed to constructing such an area. The
staff and the Traffic Engineer are looking at other less desirable alternatives, such as a procedural
process to correctly load and unload the students to make sure the circulation in the shopping center
functions well.
Ms. Narain stated that she had been doing this for 10 years and with the stagger drop off and pick up it
will avoid any type of traffic congestion.
Ralph Hughes arrived at 7:30.
Cm. Jennings asked if her previous schools were located in a retail center.
Regular Meeting
[7-28 pcmi]
70 July 28, 1998
Ms. Narain responded no.
Cm. Jennings stated the circumstances would be different for a retail center.
Cm. Johnson felt if the applicant agreed with the conditions, then there should not be a problem.
Ms. Naraln stated that they would comply with the other conditions under protest; she Will do it so her
school can open.
Cm. Jennings closed the public hearing.
On motion by Cm. Johnson, and seconded by Cm. Oravetz with Hughes abstaining, and Cm. Jennings
opposed, with a vote of 3-1-0, the Planning Commission approved
RESOLUTION NO. 98 - 31
APPROVING PA 98-030 MONTESSORI PLUS
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL
WITHIN A 4,732 SQUARE FOOT TENANT SPACE LOCATED AT 7234-40 SAN RAMON
ROAD, STROUDS PLAZA.
8.2
PA 98-012 Tri-City Baptist Church, Conditional Use Permit - An application for a
Conditional Use Permit request to allow the Tri-City Baptist Church to operate a school within
their existing 4,417 square foot church facility at 6930 Village Parkway, Suites A-D, (Parkway
Plaza). At the request of the Applicant, the Conditional Use Permit shall be considered for a
temporary period of two years only.
Cm. Jennings asked for the staff report.
Mr. Carrington presented the staff report. He outlined the project and stated that a Conditional Use
Permit is required for a community facility in the C-2 zoning district. The application is for a temporary
use permit; their lease is through the year 2000. There were four letters from citizens opposing this
project. He stated that the letters stated concerns about traffic safety and the safety of the children. He
stated the applicant proposed to utilize the larger room in the facility for recreation activities. There is
not a traffic impact fee due since it is a temporary use. Staff felt there would be a minimum of impact
on the other businesses. He stated staff recommends approval if this project.
Cm. Hughes asked the impact of traffic on the parking lot. He asked if the exit is along side of Kaspers
Hot-dogs.
Regular Meeting 71 July 28, 1998
[7-28 pcmi]
A remalar meeting of the City of Dublin Planning Commission was held on Tuesday, JLdy 14:1998: in
the ~ublin Civic Center City Council Chambers. The meeting was called to order at 7:00 p.m. by
Chak.?erson Jennings.
ROLL CALL
Present: Connnissioners Jen~ings, Johnson, Musser, and Oravetz; Eddie Peabody Jr., Community
· Development Director; and Oaylcne Burkett, -Recording Secretary.
Absent: Cm. Hughes
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Jennings led the Commission, St~~, and those present in the pledge of alle~ance to the flag·
The minutes from the June 23, 199g meeting were approved as submitted.
.ADDITIONS OR REVISIONS TO THE AGENDA - None
ORAL COM2viUAqCATIONS - None
~rR.ITTEN COM]VIUNICA~ONS - None
.~..~.
PUBLIC HEARING
8.1 PA 98-030, Montessori Plus, Conditional Use Permit An application for a Conditional Use
Pe,~nit for the establishment of a Montessofi school within a 4,732 square foot tenant space
located at 7234-40 San l~amon Road, Strouds Plaza. At the request of the Applicant the
Conditional Use Permit shall be considered for a temporary period of one year only.
Cm. Je~nSngs asked for the st~ffreport.
Re~Iar Meeting
55
July 14, 199g
[%14 pzmi]
.~ne Kinney presented the staff'report. She stated ~at ~s is a request for a Con~i~on~ Us~ P~I
~ow ~ operation cfa Montessod school for a t:mpo~ p~Hod of on: )'~ ~d~ ~ ~s~ug
spa~: at 7234M0 S~ ~mon Roa~ S=ou~ PI~ ~ Mont~ssod school wo~d provid~ ~ducafion~
~ction for fo~ (40) c~l&~n b~m'e~n ~ ages of~ ~d sk, ~om 7:30 ~m. to 5:30 p.m. Mondsy
-~o~h Fdday; .follo~g ~e Dub~ School D~s~ct c~nd~. Sh~ stated ~at ~r~ ~ s~x,~r~ concerns
that smffh~ ~ ~¢ project ~¢ ~st concern is S~ou~ PI~ is located ~th~n ~¢ S~ ~mon Road
Specie PI~ ~ea w~ch identifies ~¢ p~ ~¢ cftc center for r¢~l ~ores, o~¢r p¢~iued uses
~c]ud¢ o~ces ~d ~ci~ ~es. A school use would not be co~istent M~ ~e ~t~n~ ~f~s Specific
Pt~ or conducive to ~s r¢~I ¢nvk~ment ~¢ second concern is ~c ~pac~, bo~ off-si~¢ ~d on-
sim ~e Public Wor~ d~p~ent h~ d~t~d ~at ~e Montessofi s~hool ~H generat~ 47 addkion~
v¢~c~ ~ps to ~¢ site. S~conc¢~ relate to on-site m~c ~pac~ ~at ~41I result ~om ~c
~crc~cd nmbcr ofvc~c~ ~ps ~s school ~¢ ~ll generate d~g p¢~ r¢~ ~d scm,icc ho~s.
F~Y, S*~ffh~ concerns reg~g a pre-school faciIi~ loca~g x~4~ ~ ¢mblishcd retail center
possible noise ~d o~¢r n~s~ccs ~¢c~g s~o~d~g b~csscs ~d Mjaccnt residcnm In
ooncl~ioa ~t ~s s~s op~on ~at ~¢ proposed Montcssofi school is not ~ appropriate ~c
S=ou~ Plm ~vcn ~¢ ~co~istcncy wi~ ~¢ ~tcnt cftc S~ ~on Road Specific Pl~; potcnti~
on-silo =~c ~d ckc~afion issues; ~d potcnd~ n~s~ccs ~at may ~ct ¢~s~g bus~csscs ~n
S~ou~ Plm ~d adjacent rcsidcnm. Stuff, ~¢rcfor¢, recommends ~¢ Planing Co~ssion deny
Con&don~ Usc Pc~t. Shoed ~¢ Piing Co~ssion decide to approve ~s application, s;~ff will
Floyd Davis, Civil En~ccr, rated ~c issues WIll boil do~m ~to ~¢¢ component. H¢ smmd ~a~ a
proooscd ~¢ ~¢Y would generate approximatelY 170+ ~ps ~I1 b¢ generated. ~¢ ~c pc~ would
bc ioout noo~ ~d conacsfion w~ a major concern H¢ showed a mg ra~ ~at showed
wo~d not b¢ ¢nou~ room ~o c~s ~¢d ~¢ ~¢a at ~¢ smc ¢im¢. B~cd on ~at criteria it is not
~propfiat¢ ~¢ for ~s
Cm. M~scr ~kcd how m~y ~ps ~¢ c~¢ntly gong ~ ~d out cftc center.
~. Da~s rated ~b~¢d ~¢ ~ps on ~¢ ~¢ of what is berg propescd..
Cm. Musser asked if he was aware of the dance school in the center.
A~-. Davis stated that st,~ only looked at the specific use for this particular site.
Cm. Musscr stated that the dance center has an excess of 200 students.
.Mr. Peabody stated that in all fairness to the applicant, Public Work3 looked only at the
proposed for remiI use or school use.
Czn. Johnson asked if the d~nce center was required to get a CUP to utilize that space.
Ms..~-~nney stated the dance school received a CUP in 1991.
Cm. john¢on stated the dance smddo has over 300+ smden~ and offers several classes throughout
d.ay. They have three dance rooms inside the builrt~ng with up to 3040 people there at one time. They
R~_~ar Meeting 59 July 14, 1998
have not had any problems with traffic. He suggested for the traffic plan to use .~ador Valley
Boulevard. Cm. Johnson asked ]x~. Davis if he would recommend coming off San Ramon Road.
Mr. Davis responded no.
Ms. Rupa Nara~ in~ Applicant stated she is a kindergarten teacher by profession. She is plannkng on
school in Dublin.
op..nm= a Montessori school in Dublin. She stated there is a areat need for quality
She stated that she has found it ex-U-emely challenging to find ~ site zoned for this type of facility: She is
baffled by the Public Wor'ks Department comments regarding traffic and noise. Licensing by the State
permitted this u~e as long as the children are escorted by an adt/lt. She stated the City's concern on the
safety was nothing compared to the concern of the parents. She stated that the)' can control the timing
of when the parents drop offand pick up the 'kids. She asked how the City can oppose traffic and noise
that is generated in a commercial shopping center and be comfortable with the same amount of traffic
and noise in a residential area. She stated that if she is not given the chance to provide a child care
center she would like to lmow what separates her from the other facilities.
Cm. Johnson asked if the play area would be fenced.
Ms. Narain stated it was up to the owner. The gazebo would be enclosed, but the walkweay would not be
enclosed. No bushes or trees would be taken out, they would be trimmed.
Cm. Oravetz asked what the lighting would be iike around the stone walkway at the rear of the building.
Ms. Narain stated that she would have to check on that.
Cm. Johnson asked why she was required to put stepping stones in the back of the building.
Ms. Kinney stated that staff was not requiring the stepping stones, the applicant thought it would keep
them fi-om bloc 'ldng any other tenants using the rear access.
Cm. Je~nings asked what the State requirements kre on square footage for this type of use.
Ms. Narain responded 75 square feet outside and 35 square fe~t inside.
Cm. Jennmgs asked the ages of the students.
Ms. Narain responded three to six years old.
Cm. Jennmgs asked what type of play equipment would there be.
M~s. Naram said a climbing structure with slides and swings.
Cm. Jennmgs asked how many students would there be.
Ms. Narain responded that the State licensing will say how many kids she will be allowed.
Kevlar Meeting
60
July 14, 1998
[7-14 pcmi]
Cm. f¢nnings asked if she current]), runs a school.
Ms. Narain responded yes; om of a home in San Ramon.
Cm. 0ravetz asked how many kids at a time will be in the play area.
Ms. Narain responded 20.
Cm. Oravetz asked if the children started making lots of noise, would she be willing to cut it do~m to 10
children.
Ms. Narain said ),es, but that would mean having children outside more frequently.
Bruce Burrough% leasing agent for Strouds Plaza, stated the shopping center has been transformed, but it
has been a struggle to keep tenant spaces leased. Lately this area in this building has been a struggle to
get a tenant for that space. He felt the tenants would be happy to have 170 trips a day in the shopping
center. They have never had a traffic problem in the center. He urged the Planning Commission to
approve the cUP for this use.
Patrick Davis, stated that she worked with the applicant to find a location in Dublin. She attempted to
~et a CUP like the Dance Studio. She stated that this is not a daycare, but an educational enrichment
pro_mare. They would like a permanent use permit. Traffic peak period is around 7:30 a.m. when no one
is at the center. Through out the day, children would be picked up at different times. With this age
_o-roup, many will not attend full time, 'five days a week. The Montessofi school will not be open during
~he weekend and over 10 parents have ~o-reed to car pool. She felt the traff6 issue is over stated and the
noise of 20 children would not be an impact. They have researched this use and have complied with
State requirements. She asked if anyone had any questions.
Cm. Oravetz asked how much the school costs monthly.
Ms. Narain responded approximately $350 to $400 per month.
Cm. Oravetz asked where else they looked to place the school.
Ms. Davis stated that they have looked"at every site available, in Dublin, San Ramon, Pleasanton, and
Dublin was the preferred location.
Cm. Oravetz stated noise was a surprising element. Every morning Camps Parks sounds a bugle at 5:30
a.m., and the noise travels to his home.
Ms. Daxfis stated that the area is well landscaped with redwood trees and the trees help eliminate the
noise fi.om traveling.
Richard Whebe, property owner, stated he was available for questions.
Cm. Oravetz asked if he thoug_ht this was a good use of space in a retail center.
Reg'ular Meeting
[7-14 pcmi]
61
July t4, 1991;
Mr. \~Fnebe felt is was compatible with the other tenants. He spoke v, dth several tenants and felt 80°/; of
the tenants were in favor of this project.
Cm. Jennings closed the public hearing.
Cm. Jennings asked about the 7 items what must be found in order to ~ant a conditional use permit.
She stated that 3 of 7 items of the conditions are not being met.
Ms. Kinney stated that con. dltiqns 1, 2, 5, and 7 are not being met.
Mm Peabody stated that there are four conditions that are not compatible with the findings that need to
be made in order to approve the CUP.
Cm. Musser stated that the response to the seven issues were subjective in nature. Some of the findings
could be presumptuous; the dance school already has a CLIP with 300 kids.
Mzr. Peabody stated there are difl%rent types of schools, a dance school and a day care is dif/~erent. You
seldom see a day care or schools inside a retail center.
Cm. Jermings stated the list of schools on the attachment are different from a daycare; the curriculum
and clientele is different.
Cm. Johnson stated other types of schools such as a dance studio have more traffic. If staff allowed it
once, he did not see a problem with allowing another type of school in the center. He asked Ms. Kinney
to read the finclings.
Ms. Kinney went over the findings one by one and Cm. Johnson responded to each of the findings.
Mr. Peabody stated that the City Council could change the San Ramon Specific Plan, wkich is clear that
they want re~l at that center.
cm. Musser stated the center is in conformance with the General Plan but not the Specific Plan.
!~r. Peabody stated the General Plan states schools of this nature could be implemented. The Specific
Plan is a more detailed implementation of what is generally stated in the General Plan.
Cm. Oravetz stated we approved a church in a business area, versus a school in a retail area.
1~. Peabody stated we have to make the same findings and they are subjective.
Cm. Jennings asked how man), teachers would there be.
Ms. Nar~in responded two full time teachers and one full time assistant. She stated one would be
outside, with one inside. The ratio is 12-1 all the time. She stated times have changed and all the rules
and Ordinances were made a long time ago.
Re=malar Meeting 62 July 14, 199~;
[7-14 p~-'mi]
Cm. Johnson stated it should be approved. The traffic was not as big a factor as staff presented and was
just tike the dance school.
Cm. Jermings asked if the over hang would be covered if it is raining.
Ms. Narain said when it is raining the children do not go outside and the issue of lighting that came up
previously, the children do not go out if ir-is dark outside either.
Cm. Johnson stated it would bg hard for water to get behir~d the center.
Cm. Oravetz stated he appreciated the applicants coming to Dublin. There have been several issues to
come before the Planning Commission and he has been against this tTpe of use in a residential
neighborhood. He supported this project and wanted to make a motion.
Cm. Musser stated this application has Wen him some concerns, but when he went out there and spoke
with the shop owners it changed his mind. He felt it was a compatible location for a school and thought
Ua.fflc would not be an issue.
.'~.m Peabody suggested the Planning Commission direct staff to prepare appropriate conditions, discuss
the conditions with the applicant and come back at the next meeting to discuss the issues.
On motion by Cm. Musser, seconded by Cm. Oravetz and with a vote of 3-1-1 w/th Cm. Jennings
· opposing the motion and with Cm. Hughes absent, the Planning Commission denied the resolution
den)iug the project and directed staffto continue the public hearing for two weeks to have staff go back
and -~u-ite conditions of approval for the project.
RESOLUTION NO. 98 -
DENYING PA 98-030
MONTESSORI PLUS
COh~ITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL FOR
A TEMPORARY PERIOD OF ONE YEA_R ONLY WlTI:rI'N A 4,732 SQUb,_RE FOOT TEN.&NT
SPACE LOCATED AT 7234-40 SAN i:L4.MON ROAD, STROUDS PLAZA.
8.2
PA 98-037, Pasta Primavera Cafe, Conditional Use Permit (CUP) A request for a
Conditional Use Permit to allow an outdoor seating area to the south and west of the existing
pasta Primavera Cafe in Almond Plaza. The property is located at 7222 Re~onal Street.
Cm. Je~uings asked for the st~ff.report.
b,.nne IGnney, presented the staff report. The applicant is proposing to add a 564 square foot outdoor
seating area to be located on the existing sidewalk on the south side of the restaurant. The proposal,
ineludes permanently bolting four wrought iron dividers with planter boxes, four feet in height to the
sidewalk and placing four tables and approximately six'teen chairs in this area. Staff.has evaluated tha~
Re__matar Meeting
[7-14 pc-mi]
63
July 14,199g
RESOLUTION NO. 98 - 31
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 98-030 MONTESSORI PLUS
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL WITHIN
A 4,732 S(~UAi:[E FOOT TENANT SPACE LOCATED AT 7234-40 SAN RA3;ION RO.ad),
· . STROUDS PLAZA.
WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional
Use Permit to establish a Montessori school within a 4,732 square foot tenant space located at 723440 San
Ramon Road, Strouds Plaza, in a PD Planned Development Zoning District with C-1 Retail Commercial
Base Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
5VrlEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS the Planning Commission held a properly noticed public hearing On said application on
July 14 and 28, 1998; and
WHEREAS, the Staff Report was submitted recommending that the application be denied; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereina.hove set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does fred
that:
A. The proposed operation of a Montessori school within Strouds Plaza an existing retail commercial
center is compatible with other land uses, transportation and service facilities in the vicinity becaus,
the proposed use will provide day care and education for the children of workers in the surrounding
commercial area.
B. The proposed use wiI1 not adversely affect the health or safety of persons residing or wor 'king in the
vicinity, and will not be detrimental to the public health, safety and welfare because the impacts of
the project to u-affic and noise are less than significant.
C. The use will not be injurious to property or improvements in the neighborhood because the Applicant
EXHIBIT 8
has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $4.733 or a
lesser mount as determined by the Director of Public Works for street improvements.
Fo
There are adequate provisions for public access, water, sanitation, and public utilities and sen'ices to
ensure that the proposed use and related structures would not be detrimental to the public health,
safety, and welfare.
'The subject site is physically suitable for the type, density and intensity.of the use and related
structures being proposed because the vehicular trips this school will generate will occur before and
after peak retail and service hours.
Thc Montessori school is not contrary to the specific intent clauses, development regulations, and
performance standards established for the C-1 zoning district because the conditions of approval are
required to insure that the use, which will be supportive of surrounding retail uses through the
provision of day care and education of workers in the surrounding commercial areas, is compatible
with those uses.
The proposed use is consistent w/th the Dublin General Plan subject to conditional use permit
approval.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 98-030 Montessori Plus Conditional Use Permit request to establish a Montessori school within a 4,732
square foot tenant space located at 7234-40 San Ramon Road, Strouds Plaza, as generally depicted by the site
plan, labeled Exhibit B, stamped approved and on file with the Dublin Planning Department, subject to
compliance with the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building
r~eiinits or establishment of use. and shall be subiect to Planning Department review and afar)royal. The
~ollowin~ codes represent those depamnents/a_~encies responsible for monitorin~-com¢Iiance of the
conditions ofarmroval. [PL.] Planning. []3] Building. [PO] Police. [PW] Public Works [ADM].
Administration/City Attorney. [FIN] Finance. IF] Alameda County Fire Det~artment. [DSR] Dublin San
R~mon Services District. [CO'[ Alameda County Der~artment of Environmental Health.
GENERAL PROVISIONS
Apprm'al. PA 98-030 Montessori Plus Conditional Use Permit is.approved to establish a school use,
for a maximum of forty students within 4,732Square foot tenant space at 7234-40 San Ramon Road,
Strouds Plaza. This approval shall generally conform to the project plans stamped approved, labeled
E 'xhibit B, consisting of a one (I) sheet prepared by the Applicant dated received by the Planning
Department on May 26, 1998. [PL]
SCHOOL OPERATION:
2. Number of students. The school shall have a maximum enrollment of forty students. [PL, BI
2
o
Parking spaces. The Applicant shall dedicate four parking spaces to the front of the school for drop-
off and pick-up of students. These par'king spaces shall be identified by markings on the wheel stops
and other signage subject to the review and approval of the Community Development Director. [PL,
?WI
Traffic Safety Report. The Applicant shall retain a traffic engineer to prepare a traffic safety
report that addresses the loading and unloading of students. The Applicant shall follow ail
recommendations of said report prior to occupancy or use. [PW]
Drop-off and pick-up of students. The Applicant. shall be responsible for escorting each student
from the drop-off &nd pick-up area to and from the school [PO, PL]
Hours of operation. Hours of operation for the school shall be from 7:30 a.m. to 5:30 p.m. Monday
through Friday. [PL]
Noise/Nuisances. The Applicant shall control all activities on the site so as not to create a nuisance to
the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to
project or be placed outside of the building. [PL, PO]
Maintenance. The Applicant shall be responsible for cleaning up and disposing of school generated
trash and litter on-site and off-site within the neighborhood. [PL]
POLICE SECURITY
9. City of Dublin Non-Residential Security Requirements. All security hardware for the use must
comply with the City of Dublin Non-Residential Security Requirements (see E 'xhibit G). Security
hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per
Dublin Police Services recommendations and requirements. [PO, B]
10. Robbery, burglary, theft prevention and security program. The Applicant shall work with
Dublin Police Services on an ongoing basis to establish an effective robbery, burglar)', theft
prevention and security pro,am for the business. [pO]
11. Rear doors. The Applicant shall install in all rear doors, peepholes vdth 180 degree visibility for
security purposes. [PO]
FIRE PROTECTION
12. Regulations and requirements. The Applicant shall comply with Alameda County Department of
Environmental Health and Alameda County Fire Department regnlations and requirements at all
times. [CO, F]
13. Sprinkler system. The Applicant shall provide documentation to Alameda County Fire Department
that indicate that the existing sprinkler system has a current 5-year certification. IF]
3
14.
Smoke detection system. The APplicant shall install an interconnected smoke detection system
Mthin the tenant space. Appropriate plans and fees shall be'submitted to Alameda Count), Fire
Department for review and approval. IF]
15.
16.
Fire alarm system. The Applicant shall install one alarm pull station within the tenant space.
Appropriate plans and fees shall be submitted to Alameda County Fire Department for review and
approval. IF]
Fire extinguishers. Fire extinguishers, shall be installed throughout the facility in accordance with
the Uniform Fire Code, and/or State Fire Code. This may be field coordinated with the fire inspector
7]
17
18.
Exit Signs. The Applicant shall install exit illumination and exit signs showing exit pathways and
doors throughout the facility in accordance with the Uniform Fire Code, Uniform Building Code
and/or State Fire Code. [F, B]
KNOX BoX. The APPlicant shall install a KNOX box in accordance with Alameda Count5' Fire
Department regulations and requirements. [FI
19.
Fire Drills. Fire drills shall be conducted on a monthly basis and a report filed with Alameda Countb,
Fire Department. [Fl
B~LD~G
20.
21.
Regulations and requirements. The proposed school shall obtain all necessary permits from the
Dublin Building Dep~ent and comply with all regulations and requirements of the City and State
Uniform Building Code. []3]
Rear exit path. The Applicant/Property O'auaer shall be responsible for maintaining the access path
to the rear of building A and B clear and unobstructed at all times. []3, PL]
22.
Disabled access. The Applicant shall up,adc the tenant space to comply with all regulations and
requirements of Title 24. [13]
MISCELLANEOUS
23. Re~ulations and requirements. All necessary permits shall be obtained from the Dublin Building
Department and Alameda County Fire Department. [F, B]
24.
25.
26.
Sig~ns. Any siguage on site shall be subject to the City's Sign Ordinance. [PL]
A. nnual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning
Investigator Review and determination as to compliance with the conditions of approval. [PL]
Revocation of permit. The permit shall be revocable for cause in accordance ',,,4th Section
$.96.020.I oft.he Dublin Zoning Ordinance
4
PASSED, APPROVED AND ADOPTED this 28th day of July, 1998.
AYES:
NOES:
ABSTAIN:
ABSENT:
Cm. Johnson, Cm. Musser, and Cm. Oravetz
Cm. Jennings
Cm. Hughes ~ ~
Planning ~cf{mission Chairperson
ATT. EST:
Community Development Director
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