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HomeMy WebLinkAbout6.2 Bright Horizons Day Care Appealti~~ \ ~~- -ih 1 \~:~/ CITY CLERK File # ^~Q~- 3^~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 2009 SUBJECT: PUBLIC HEARING: PA 09-005 Bright Horizons Day Care Center - Appeal of the Planning Commission's Approval of a Conditional Use Permit and Site Development Review Report Prepared by Marnie R. Waffle, Senior Planner and Jamie L. Rojo, Assistant Planner ATTACHMENTS: 1) May 26, 2009 Planning Commission Agenda Statement, with attachments. 2) Draft May 26, 2009 Planning Commission Meeting Minutes. 3) Planning Commission Resolution 09-22 approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard. 4) Planning Commission Resolution 09-23 approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of the Day Care Center at 7035 Dublin Boulevard. 5) Letter of Appeal filed with the City Clerk's Office on June 3, 2009. 6) Planning Division Memorandum dated June 26, 2009. 7) Public Works Memorandum prepared by City of Dublin Traffic Engineer dated June 18, 2009. 8) Proposed Findings of Fact to Affirm the Planning Commission's adoption of Resolution 09-22 approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard, with the addition of Condition of Approval 8a, and to allow Off-Site Parking at 7051 Dublin Boulevard and adoption of Resolution 09-23 approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of the Day Care Center at 7035 Dublin Boulevard. RECOMMENDATIO 1) Receive Staff presentation; (~ 2) Open the public hearing; ------- `r'~ - ~'-- - ------------------------------------ COPY TO: Applicant Appellants File Page 1 of 7 STEM No. ~. 2 n 3) Take testimony from the Appellants, Applicant and the Public; 4) Close the public hearing and deliberate; and 5) By motion affirm the Planning Commission's adoption of Resolution 09-22 approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard with the addition of Condition of Approval 8a as set forth in the Findings of Fact and to allow Off-Site Parking at 7051 Dublin Boulevard; affirm the Planning Commission's adoption of Resolution 09-23 approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of the Day Care Center at 7035 Dublin Boulevard; and, adopt the Findings of Fact set forth in Attachment 8; OR 6) By "straw vote" direct the City Attorney to prepare findings for the City Council to adopt by motion no later than August 17, 2009 to affirm the Planning Commission's action in part with or without additional conditions of approval or to reverse such action. FINANCIAL STATEMENT: No Financial Impact. PROJECT DESCRIPTION: On May 26, 2009 the Planning Commission approved a Conditional Use Permit and Site Development Review for the operation of a Day Care Center at 7035 Dublin Boulevard and Off-Site Parking at 7051 Dublin Boulevard. The Project site is located at the northwest corner of Dublin Boulevard and Clark Avenue within a General Commercial (C-2) Zoning District (see Figure 1 below). The General Plan Land Use designation for the site is Retail/Office and surrounding land uses include office, automotive repair and service, and residential. Figure 1. Aerial Map of~ Pay Project Site The Day Care Center would be operated by Bright Horizons and would occupy the existing 8,846 square foot building. The Day Care Center would be for up to 126 children and 18 employees and would operate from 6:00 a.m. to 7:00 p.m. Monday through Friday. As required by State law, the Day Care Center 2of7 would provide outdoor play areas for the children. In accordance with the Planning Commission's approval of the Conditional Use Permit, up to 114 children would be allowed to play outdoors within a fenced in playground area between the hours of 8:00 a.m. and 6:00 p.m. A total of 43 parking spaces are required to serve the Day Care Center, nine of which would be provided off-site on the adjacent Dublin San Ramon Services District (DSRSD) property. Staff reviewed the parking requirements for DSRSD and found that adequate parking would remain available for DSRSD after leasing nine spaces to Bright Horizons. Bright Horizons has entered into a License Agreement with DSRSD for the use of these nine spaces. PLANNING COMMISSION ACTION: At the May 26, 2009 Planning Commission meeting, Staff presented the Bright Horizons Day Care Center Project to the Planning Commission at a Public Hearing and recommended that the Planning Commission conditionally approve the Conditional Use Permit and Site Development Review requests (Attachment 1). The Planning Commission took testimony from the Applicant, Steven Geller, and the Public. During the Public Hearing, three people spoke in opposition to the Project; a fourth person was also in opposition to the Project but did not wish to speak; and, one person spoke in favor of the need for child care in Dublin. The Planning Commission discussed the concerns raised by those in opposition to the Project and considered all testimony before taking action on the Project (Attachment 2). After reviewing the Staff Report, receiving presentations from Staff and the Applicant, and receiving public comment, the Planning Commission adopted two Resolutions approving a Conditional Use Permit (Attachment 3) with the addition of Condition of Approval No. 13 regarding vehicular access to the site (Attachment 3, Condition of Approval No. 13) and Site Development Review (Attachment 4). APPEAL PROCESS: Chapter 8.136 of the Zoning Ordinance contains the regulations and procedures that must be followed if an action of the Planning Commission is appealed to the City Council. In brief, an appeal and filing fee must be filed with the City Clerk within 10 calendar days of the Planning Commission action. The appeal must be scheduled for a Public Hearing within 45 days of the filing of the appeal. The City Council may defer decision on the appeal at the Public Hearing but must take action within 75 days of the filing of the appeal. On June 3, 2009, a group of 41 residents appealed the Planning Commission's approval of the Bright Horizons Day Care Center Project (Attachment 5). In accordance with Chapter 8.136, the City Council must hold a Public Hearing no later than July 18, 2009 (within 45 days of the filing of the appeal) and must take action no later than August 17, 2009 (within 75 days of the filing of the appeal). Chapter 8.136 of the Zoning Ordinance states that the City Council may, by majority vote, affirm, affirm in part, or reverse the Planning Commission's decision to approve the Project. If the City Council decides to affirm the Planning Commission's decision to approve the Project, the City Council may adopt additional conditions of approval that address the specific subject of the appeal. ANALYSIS: As noted above, 41 residents submitted a letter appealing the Planning Commission's decision to approve a Conditional Use Permit and Site Development Review for the Bright Horizons Day Care Center Project. The comments outlined by the Appellants in the Appeal Letter include: failure by City Staff and the Planning Commission to exercise due diligence; noise impacts; traffic impacts; property values; and, 3 of 7 parking. Each of the comments presented in the Appeal Letter have been addressed in detail in Attachments 6 and 7. Below is a summary of the comments presented in the Appeal Letter and Staff's response to those comments. Due Diligence The first concern expressed in the Appeal Letter is that the City failed to exercise due diligence in notifying impacted neighbors and members of the community or allow ample time for residents to review the staff report. In accordance with State Law, the City mailed a Public Notice to all commercial and residential property owners and occupantslresidents within 300 feet of the Project for the Planning Commission Public Hearing scheduled for May 26, 2009. The Public Notice was mailed 10 days in advance of the Public Hearing as required by State Law. In accordance with City policy and practice, and as indicated in the Public Notice, the Staff Report was delivered first to the Planning Commission and then was posted to the City's website on Friday, May 22, 2009. Noise Impacts The Appellants have expressed concerns over increased noise from Project-related traffic and the number of children associated with the Day Care Center and the impacts this will have on their quality of life. They are concerned that noise within the neighborhood already exceeds normally acceptable levels and that children will be playing within 27 feet of homes, further increasing noise levels. The Appellants have also challenged the Noise Study that was prepared. A Noise Study was prepared by Rosen Goldberg Der Lewitz Inc to analyze potential noise effects from the Project. The Study analyzed the existing noise environment by taking noise measurements on the Project site at a location immediately adjacent to the nearest residential properties (see Figure 2 below). Figure 2. Noise Measurement Location at Day Care Center Noise Measurement __.. __ ._... DSRSD _ -- Location b Q ... ~. c~ ~. 0 b d ~. c 5-foot masonry wall 4of7 ` Clark Avenue The existing noise environment is approximately 60 decibels and is attributed to traffic noise along Dublin Boulevard, I-580 and I-680. The Dublin General Plan states that for residential land uses, a noise exposure level of 60 decibels or less is "Normally Acceptable". In order to determine the future noise levels from the Project, noise measurements were taken at the KinderCare Day Care Center in Dublin. The noise study found that the greatest source of noise came from children congregating around the play structures in the play yard. At the Project site, the closest play structure is approximately 100 feet from the nearest residential properties with a 5 foot masonry block wall separating the Project site from the residences (see Figure 3 below). The Study concluded that, while the addition of children in the play areas of the Day Care Center would increase noise levels by 1-2 decibels, the existing 5-foot masonry block wall would provide an approximate 5 decibel reduction in noise; therefore, the noise exposure level for the residential uses would remain within the "Normally Acceptable" range established in the Dublin General Plan. Figure 3. Distance between Play Structure and Residential Properties DSRSD .., Q Traffic Impacts 7~ ~. a. c~ ~. 0 d ~. c~ 5-foot masonry wall The Appellants stated in their Appeal Letter that a traffic impact report should have been prepared. They challenge the Traffic Engineer's assessment of peak hour trip generation related to the Project and provide their own analysis of trip generation. The Appellants also have concerns over traffic congestion and emergency vehicle access on Clark Avenue during the Project's peak drop-off and pick-up times. Lastly, the Appellants expressed safety concerns over vehicles failing to stop at the stop-sign controlled intersection of Clark Avenue and Maple Drive/Ebensburg Lane. 5 of 7 `~" Clark Avenue In reviewing the Project, the City's Traffic Engineer determined that a traffic study was not required. Peak period traffic counts collected in 2008, trips generated by the Project, and peak hour trip generation for the Project were all taken into consideration in determining whether a traffic study would be appropriate. Traffic studies are not required for all projects and each project submitted to the City is reviewed and a determination made as to the necessity for a traffic study. The ability for emergency vehicles to access Clark Avenue during the Project's peak drop-off and pick-up times will not be impacted. Clark Avenue has adequate width to accommodate emergency vehicle access and congestion on Clark Avenue is not expected with the addition of the Project. Property Values The Appellants are concerned that property values will be diminished due to the close proximity of the Day Care Center to their homes. The Dublin General Plan designates the Project site as Retail/Office and the zoning for the Project is General Commercial. A wide range of commercial uses are permitted by right in the General Commercial Zoning District including ambulance services, banks, building materials sales, copy stores, restaurants, etc. Certain other commercial uses such as Day Care Centers are subject to Conditional Use Permits to ensure compatibility with surrounding properties, including residential uses. The two issues which are most prevalent relating to Day Care Centers are noise and traffic. As noted above, a Noise Study was prepared and concluded that the Project will not result in an increase in noise levels outside of the "Normally Acceptable" range for residential land uses. As further noted above, no traffic congestion or emergency access effects are anticipated. The Project is located along Dublin Boulevard which provides ideal access to the site because Dublin Boulevard has been designed to accommodate a higher volume of traffic as the major east-west corridor through the City. Parkin The Appellants are concerned that there is insufficient parking for the Day Care Center and evening events and that overflow parking will impact adjacent residential neighborhoods affecting emergency vehicle access to the homes in these neighborhoods. The Project meets the parking requirements set forth in the Dublin Zoning Ordinance for Day Care Centers. A total of 34 parking spaces will be provided on-site and an additional 9 parking spaces will be provided for employee parking on the adjacent Dublin San Ramon Services District property. Evening events will not be permitted during the week; however, Condition of Approval 8a, set forth in the attached Findings of Fact (Attachment 8), has been proposed to be added to the Project to allow for employee training on Saturdays from 8 a.m. to 6 p.m. and to allow "Open House" events on Saturdays from 8 a.m. to 6 p.m. Open House events would be limited to prospective clients. ENVIRONMENTAL REVIEW: The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, In-Fill Development Projects. The Project consists of a Conditional Use Permit for the operation of a Day Care Center for up to 126 children; a Conditional Use Permit for Off-Site Parking; and Site Development Review for modifications to site layout including the construction of an outdoor play area, alterations to parking and circulation, the installation of landscaping and fencing, and modifications to the exterior of the building to provide additional doors and windows. 6of7 The Project is consistent with the General Plan Retail/Office land use designation and with the General Commercial (C-2) Zoning District in which it is located which allows Day Care Centers as a conditional use. The Project, as proposed and conditioned by the Planning Commission, includes measures to provide compatibility with adjacent residential uses. These measures include retention of an existing 5-foot block wall along the northerly Project boundary, location of the play area toward the building and away from the residences, provision of landscaping along the northerly play area boundary, and a Condition of Approval limiting outdoor playtime. The Project is in the City limits, on an approximately 1.13 acre site that is surrounded by existing developed urban commercial and residential uses. The Project site is developed with a structure and parking lot and has no habitat value. The Project would not result in any significant effects relating to traffic, noise, air quality or water quality. As noted in Attachment 7 and summarized in this staff report, the City's Traffic Engineer determined that the Project would not result in traffic impacts. The Project would not use hazardous materials or generate hazardous emissions and any wastewater would be discharged into the public sewer system for treatment and disposal. The Project site is a corner lot adjacent to the DSRSD corporation yard. A Noise Study prepared for the Project determined that the Project site and adjacent residences are already affected by traffic noise. The study analyzed the potential effects of play area noise on adjacent residential uses and determined that the Project would not exceed Normally Acceptable noise levels for residential uses and would not substantially increase ambient noise levels at residences. An important noise attenuation feature is the existing solid masonry wall which will be retained along the northerly property boundary; the added condition of approval limiting outdoor playtime will also minimize Project noise. The Project is proposed on an existing developed lot with an existing structure; the Project site has access to public streets and is served by public utilities and services. PUBLIC NOTICING: In accordance with State law, a Public Notice regarding this Public Hearing was mailed to all property owners and occupants within 300 feet of the proposed Project as well as each of the Appellants listed in the Appeal Letter. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. At the time of completion of this Staff Report no additional comments other than those documented in the Appeal Letter have been received. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Appellants, Applicant and the Public; 4) Close the public hearing and deliberate; and 5) By motion affirm the Planning Commission's adoption of Resolution 09-22 approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard with the addition of Condition of Approval 8a as set forth in the Findings of Fact and to allow Off-Site Parking at 7051 Dublin Boulevard; affirm the Planning Commission's adoption of Resolution 09-23 approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of the Day Care Center at 7035 Dublin Boulevard; and, adopt the Findings of Fact set forth in Attachment 8; OR 6) By "straw vote" direct the City Attorney to prepare findings for the City Council to adopt by motion no later than August 17, 2009 to affirm the Planning Commission's action in part with or without additional conditions of approval or to reverse such action. 7of7 ~ ia~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 26, 2009 SUBJECT: PUBLIC HEARING: PA 09-005 Bright Horizons Day Care Center - Conditional Use Permit and Site Development Review (Adjudicatory Action). Report Prepared by Jamie L. Rojo, Assistant Planner ATTACHMENTS: 1. Resolution approving a Conditional Use Permit to operate a Day Care . Center at 7035 Dublin Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard. 2. Resolution approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of a Day Care Center at 7035 Dublin Boulevard. 3. Written Statement dated received January 21, 2009. 4. Project Plans dated received April 10, 2009. 5. Rosen Goldberg Der & Lewitz, Inc. Noise Study dated April 24, 2009. 6. Traffic Assessment, prepared by Jaimee Bourgeois, City Traffic Engineer via email, dated April 1, 2009. RECOMMENDATION: 1. Receive Staff presentation; 2. Open the public hearing; 3. Take testimony from the Applicant and the public; 4. Close public hearing and deliberate; 5. Adopt a Resolution approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard; and 6. Adopt a Resolution approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of a Day Care Center at 7035 Dublin Boulevard. PROJECT DESCRIPTION: The project site is located at the northwest corner of Dublin Boulevard and Clark Avenue within an existing 8,846 square foot building located at 7035 Dublin Boulevard. The _prQ~perty is zoned C-2, General Commercial and has a General Plan Land Use Designation of RetaiUOffice. Access to the project site is provided by two driveways on Clark Avenue. Surrounding uses include retail, offices, automotive repair and service, and single-family residences. See Aerial Map below. COPIES TO: Applicant Property Owner Page 1 of 11 G: lPA#120091PA 09-005 Bright Horizons Daycare Center CUP SDRIPC_5.26.091PCSR_5-26-09_Rev.doc !F Attachment 1 2~dal Off-Site Parking Project Site Bright Horizons is seeking approval of a Conditional Use Permit and Site Development Review to operate a Day Care Center for up to 126 children and to allow Off-Site Parking for up to nine parking spaces. Modifications to the site layout are also proposed and include alterations to the existing parking lot, the construction of an outdoor play area, alterations to the exterior of the existing building and the installation of new landscaping and fencing. ANALYSIS: Conditional Use Permit Day Care Center Bright Horizons is requesting approval of a Conditional Use Permit to operate an 8,846 square foot Day Care Center with an outdoor play area that will be approximately 8,340 square feet. The Day Care Center would provide child care services for up to 126 children. The Day Care Center would operate from 6:00 a.m. to 7:00 p.m. Monday through Friday with a maximum of 18 employees on-site at any one time. A maximum of 114 children would be allowed to play outdoors within a fenced in playground area between the hours of $:00 a.m. and 6:00 p.m. The Day Care Center would be the sole occupant within an existing single story office building. There would be seven activity rooms ranging in size from approximately 488 square feet to 972 square feet. Other rooms within the building would include a kitchen, six bathrooms, storage closets, and an office (Sheet A2.1 of Attachment 4). Page 2 of 11 Figure 1. serial Map 3~~iai The City of Dublin Zoning Ordinance (Section 8.76.080) establishes parking requirements by use type. Day Care Centers have the following parking requirements: Table 1. Zoning Ordinance Parking Requirements Parkin Re uirement Number of S aces 1 s ace er em to ee 18 1 s ace er com any vehicle 0 1 loading space for every 5 children 25 Total 43 Applying these parking standards to the proposed Day Care Center, a total of 43 parking spaces would be required. A total of 34 on-site parking spaces would be provided after modifications to the parking lot are made to accommodate an outdoor play area. Based on the number of required parking spaces, the site would be deficient by 9 spaces. See Table 2 below. Table 2: Day Care. Center Parking Deficiency Parkin S aces On-Site Parking S aces 34 Required Parking S aces 43 Deficienc of Parkin S aces -9 In order to accommodate for the 9 space deficit, Off-Site Parking was analyzed. Off-Site Parkin Section 8.76.OSO.C of the Dublin Zoning Ordinance allows for Off-Site Parking to be granted by means of a Conditional Use Permit by the Zoning Administrator subject to the following requirements: 1. The Conditional Use Permit findings can be made. 2. The most distant parking space from anon-residential use type (i.e. the proposed Day Care Center use type) is not more than 400-feet from the use. 3. Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the Director of Community Development are- executed to assure that the required parking spaces are provided to the principle use for the life of the documents, covenants, deed restrictions, or other agreements. 4. The parking lot is not located in a residential zone unless the principle use requiring the parking is also located in a residential zone. 5. The parking lot site is not within a road easement or private street. In accordance with Section 8.128.040.E of the Zoning Ordinance, the Zoning Administrator is transferring decision making authority on the issue of the request for Off-Site Parking to the Planning Commission because the Planning Commission has decision making authority over the Conditional Use Permit request for the Day Care Center use which the proposed off-site parking would serve. The proposed Off-Site Parking would be located on the adjacent Dublin San Ramon Services District (DSRSD) property located at 7051 Dublin Boulevard. Bright Horizons has entered into a license agreement with DSRSD for the use of off-site parking spaces on DSRSD's adjacent property. Page 3 of 11 u ~ d al In considering Bright Horizons request for Off-Site Parking, Staff reviewed the parking requirements for the DSRSD property to ensure that DSRSD would continue to have adequate parking for its use if it were to lease spaces to Bright Horizons. Under the Zoning Ordinance, DSRSD is considered a Professional Office use type and requires 1 parking space for every 300 square feet. Based on the size of the existing buildings on the DSRSD site, vehicle storage and a temporary trailer the total parking requirement for DSRSD is 87 spaces. A total of 96 parking spaces are currently available on-site leaving 9 excess parking spaces. Because DSRSD has sufficient parking to lease 9 parking spaces to Bright Horizons, the Conditional Use Permit request for Off-Site Parking can consider granting 9 off-site parking spaces to Bright Horizons. The 9 off-site parking spaces would be located approximately 30 feet to the immediate west of the building where the proposed Day Care Center would be located (see Figure 2 below). Vehicular access to the nine off-site parking spaces would be provided by an existing driveway off of Dublin Boulevard. The nine ofF site parking spaces would be designated for employees of Bright Horizons in order to allow parents to park on-site (See Attachment 1, Condition of Approval No. 12). Pedestrian access from the off-site parking spaces to the Day Care Center would be provided by an existing walkway that connects the off-site parking spaces to the building where the proposed Day Care Center would be located. Figure 2. Off-Site Parking Designation f51 NCRI}I GRAPHIC SCALE• N ~ ~ .................... ._ r ~r Noise The Dublin General Plan Noise Element includes policies regarding noise and the location of land uses. An acoustical report was prepared by Rosen Goldberg Der & Leewitz, Inc. to evaluate potential noise Page 4 of 11 9 off-site parking spaces on DSRSD property 5 ~' is ~ impacts from the Day Care Center's outdoor play area on adjacent single-family residences to the north of the project (Attachment 5). In order to quantify the existing ambient noise levels at the project site, a series of measurements were taken adjacent to the backyards of the existing single family homes which front Maple Drive. The major source of noise during the ambient measurements was traffic and the Community Noise Exposure Level (CNEL) recorded was approximately 60 decibels at the property line adjacent to the south face of the existing 5-foot masonry wall separating the Day Care from the adjacent residential homes. To quantify noise levels that would be generated by the use of an outdoor play area, noise measurements were conducted at a similar facility, KinderCare Learning Center, located at 11925 Amador Valley Court. Projected noise level for the Bright Horizons Day Care Center was calculated based on the noise measurements taken at the KinderCare Learning Center. Adjustments were made for the number of children and the distance between the play areas and property lines. The predicted noise level for a maximum of 114 children in the outdoor play area is 58 decibels. Combined with the existing ambient noise levels from traffic, the projected noise levels with the addition of the outdoor play area would be 61-62 decibels. The existing 5-foot masonry wall along the north property line separating the site from adjacent residential homes would provide an estimated 5 decibel reduction in noise levels. Therefore, the resulting noise levels with the addition of an outdoor play area would not exceed the "normally acceptable" level of 60 decibels for residential uses established in the General Plan. To further ensure that noise associated with the outdoor play area is minimized, a Condition of Approval has been applied to the project limiting the use of the outdoor play area to between the hours of 8:00 a.m. and 6:00 p.m. and limiting the number of children within the outdoor play area to no more than 114 at any given time (Attachment 1, Condition of Approval No. 10). Site Development Review The project includes modifications to the existing site layout to improve vehicular access and circulation, accommodate an outdoor play area, provide additional landscaping and a new trash enclosure, and modify the exterior of the building to provide additional doors/windows in response to changes in the floor plan layout for the proposed Day Care Center. Access and Circulation Vehicular access to the project site would be provided off of Clark Avenue (see Figure 3 below). Two existing driveways along Clark Avenue would be modified to meet current standards for commercial driveways. The northern driveway (farthest from Dublin Boulevard) would provide both ingress and egress while the southern driveway (closest to Dublin Boulevard) would be an exit only. Restricting the southern driveway to an exit only requires that parents use the driveway furthest from Dublin Boulevard to prevent potential stacking on Clark Avenue to Dublin Boulevard during peak drop-off and pick-up times and would facilitate better on- and off-site access and circulation. Additionally, a portion of the existing curb along Clark Avenue would be designated a No Parking Zone to facilitate emergency access and visibility at the driveway locations (See Attachment 2, Condition of Approval No. 50). Page 5 of 11 ~ ~ ia~ Figure 3. Site Plan SITE PLAN ~~ ~`""~' zo' io' o' .` ~ NaRIR GRAPHIC SCALE: ~~ r---_ ... ~.. _ - _ ~- N ~ The existing parking lot would be reconfigured to provide perpendicular parking stalls rather than angled parking stalls. Existing driveways and drive aisles would also be modified to improve access and circulation and to conform to the requirements set forth in Chapter 8.76 Off-Street Parking and Loading Regulations of the Zoning Ordinance. Existing one-way drive aisles would become two-way, 25-foot wide drive aisles and all parking spaces would be upgraded to meet current standards (Attachment 4, Sheet AS 1). The revised parking and circulation layout has been reviewed by the City's Traffic Engineer and the proposed changes were found to be appropriate for the Day Care Center and would not result in any negative impacts to the site or adjacent properties. The City's Traffic Engineer has assessed the need for a traffic study and determined that the project's anticipated trip generation would not result in any impacts. Therefore, a traffic study was not deemed necessary for the proposed project (See Attachment 6). Outdoor Play Area An outdoor play area is proposed to be constructed along the western property line adjacent to the existing building and within a portion of the existing parking lot (See Figure 4 below). The outdoor play area would total approximately 8,300 square feet and would be enclosed with a 6-foot high fence. The fence would be constructed of decorative steel or similar durable materials. A vinyl mesh fabric would be applied to the south and west elevations of the fence in order to limit visual accessibility to the outdoor play area from the public right-of--way. The outdoor play area would be divided into three sections by age group; each section would include age- appropriate playground equipment with the tallest piece of equipment being 13-feet in height (Attachment Page 6 of 11 ~~ iai 4, Sheet AS2). A walkway from the building to the outdoor play area would provide a safe path of travel for children who would be escorted to and from the play area. A series of gates along the eastern side of the outdoor play area would provide access to each of the respective sections. 51~ P N ~~ ~"°~ zo' io• o' ~' -0~ ` A51 NDft1N ~T ~ ....-..-..... ~ ..,....., r . ? oaMH~~ 1 V Landscanin~ and Trash Enclosure The fencing along the north, south and east edges of the outdoor play area would be softened with a continuous planting strip of evergreen shrubs, flowering accent plants and trees. Landscaping along the northern edge of the play area has been designed to serve as a buffer between the outdoor play area and existing single family homes to the north and would include evergreen trees (Attachment 4, Sheet L-1). An existing 5-foot high masonry wall located along the northern property line would remain and serve to buffer the Day Care Center from the adjacent single family residences. Landscaping along the eastern edge of the play area has been designed to provide a shaded walkway to and from the play area and to serve as a visual buffer between the outdoor play area and the parking lot. The plant palette in this area includes 24-inch box Honey Locust trees as well as numerous shrubs and groundcover. Three additional Honey Locust trees would be planted within the parking lot (Attachment 4, Sheet L-1). Existing perimeter landscaping along Dublin Boulevard and Clark Avenue would remain. See Figure 4 below. A new trash enclosure is also proposed and would be located north of the building and adjacent to the outdoor play area. The trash enclosure has been designed with colors and materials that would be compatible with the existing building. The walls of the enclosure would have a stucco finish and the roof of the enclosure would be covered with concrete tiles. Gates constructed of metal panels, powder coated and painted to match the stucco color of the enclosure walls would screen the waste receptacles stored inside the enclosure (Attachment 4, Sheet A4.1).. Page 7 of 11 Figure 4. Outdoor Play Area Layout 8~b~j Figure 4. Preliminary Landscape Plan Trash Enclosure Exterior Buildin~LModifications Outdoor Storage N~ In order to meet Building Code exiting requirements from the proposed activity rooms within the Day Care Center, new exterior doors are required. One new door is proposed along the south elevation facing Dublin Boulevard and one on the west elevation facing the adjacent DSRSD property; four new doors are proposed along the north elevation facing the existing parking lot. One of the new doors along the north elevation would be for a new Fire Sprinkler Riser room (Attachment 4, Sheet A4.1). New windows are also proposed on the north, south and west elevations. These windows would provide natural light for the Day Care Center's activity rooms and kitchen (Attachment 4, Sheet A4.1). Conditions of Approval have been included in the draft Resolution (Attachment 2, Condition of Approval No. 21) requiring that the colors and materials used for all new windows and doors match existing windows and doors in order to maintain a consistent exterior appearance throughout the building. Conformance with the General Plan and Zoning Ordinance The project site is designated RetaiUOffice in the General Plan and is located in a C-2, General Commercial Zoning District. The C-2 District allows for the operation of Day Care Centers as a conditional use and is consistent with the RetaiUOffice land use designation of the General Plan. With the inclusion of the Off-Site Parking spaces on the adjacent property, the project will meet the parking requirements contained in the Zoning Ordinance. The project is also consistent with the Noise Element of the General Plan which establishes policies regarding noise and land use compatibility. A noise study was prepared and concluded that a negligible increase in noise levels associated with the outdoor play area is not expected to significantly increase the long-term average noise levels at the nearby residences. Page 8 of 11 ~ /~ I Furthermore, Conditions of Approval have been applied to the project to ensure on-going compatibility between the Day Care Center and adjacent single family residences. Review by Applicable City Departments and Agencies The Public Works Department, Building Division, Dublin Fire Prevention, Dublin Police Services, and Dublin San Ramon Services District have all reviewed the proposed project. Conditions of Approval from these departments and agencies have been included in the proposed Resolutions (Attachments 1 and 2). Noticing In accordance with State law, a Public Notice was mailed to all property owners and occupants/residents within three hundred feet of the proposed project at 7035 Dublin Boulevard (Day Care Center} and 7051 Dublin Boulevard (Off-Site Parking) to advertise the project and the public hearing scheduled for May 26, 2009. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. ENVIRONMENTAL REVIEW: Staff is recommending that the project be found Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, In-Fill Development Projects. The project consists of a Conditional Use Permit for the operation of a Day Care Center for up to 126 children; a Conditional Use Permit for Off-Site Parking; and Site Development Review for modifications to site layout including the construction of an outdoor play area, alterations to parking and circulation, the installation of landscaping and fencing, and modifications to the exterior of the building to provide additional doors and windows. The project is consistent with the General Plan RetailfOffice land use designation and with the C-2, General Commercial zoning which allows Day Care Centers as a conditional use. The project as proposed and conditioned includes measures to provide compatibility with adjacent residential uses. These measures include retention of an existing 5' block wall along the northerly project boundary, location of the play area toward the .building and away from the residences, provision of landscaping along the northerly play area boundary, and addition of a condition limiting outdoor playtime. The project is in the City limits, on an approximately 1.13 acre site that is surrounded by existing developed urban commercial and residential uses. The project site is developed with a structure and parking lot and has no habitat value. The project would not result in any significant effects relating to traffic, noise, air quality or water quality. As noted earlier in this report, the City's Traffic Engineer determined that the project would not result in traffic impacts. The project would not use hazardous materials or generate hazardous emissions and any wastewater would be discharged into the public sewer system for treatment and disposal. The project site is a corner lot adjacent to the DSRSD corporation yard. Both the project site and adjacent residences are already affected by traffic noise. Attenuation measures noted in the Staff Report and the added Condition of Approval would minimize project noise. The project is proposed on an existing developed lot with an existing structure; the project site has access to public streets and is served by public utilities and services. Page9of11 lo~ lad FINDINGS: In reviewing the request for a Conditional Use Permit for the operation of a Day Care Center and for Off- Site Parking and the Site Development Review request for modifications to the site layout and alterations to the exterior of the existing building, the Required Findings for a Conditional Use Permit (Section 8.100.060 and 8.76.OSO.C)) and the Required Findings for a Site Development Review (Section 8.104.090) were considered to ensure that all of the fmdings could be~ made. The draft Resolutions for a Conditional Use Permit (Attachment 1) and Site Development Review (Attachment 2) include statements affirming that the Required Findings for each approval can be madein order to approve the project. CONCLUSION: The proposed Day Care Center has been reviewed for potential impacts to adjacent businesses and residences and, as conditioned, would not have any negative impacts to the health, safety or welfare of the public. The property located at 7035 Dublin Boulevard represents an appropriate location for a Day Care Center and would serve a need in the community for child care services. Conditions of Approval have been applied to the project to ensure on-going compatibility with surrounding uses. Additionally, the Community Development Director has the authority to require that the Conditional Use Permit for the Day Care Center and Off-Site Parking be reviewed on an annual basis to ensure on-going compliance with the Conditions of Approval. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4} Close public hearing and deliberate; 5) Adopt a Resolution approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard; and 6) Adopt a Resolution approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of a Day Care Center at 7035 Dublin Boulevard. Page 10 of 11 ~~ la1 GENERAL INFORMATION: APPLICANT: Steven Geller, Bright Horizons Family Solutions, 200 Talcott Avenue, Watertown, MA 02472 PROPERTY OWNER: Ted J. Babbes, Lincoln Funding Group, 7035 Dublin Boulevard, Dublin, CA 94568 LOCATION: 7035 Dublin Boulevard (APN 941-0210-025-02) GENERAL PLAN LAND USE DESIGNATION: Retail/Office SPECIFIC PLAN/ LAND USE DESIGNATION: N/A ZONING: C-2, General Commercial SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Pro e Site C-2, General Commercial ~ RetaiUOffice Office North R-1, Single Family Residential Single Family Single Family Residential Residences South C-2, General Commercial; C- RetaiUOffice, Business Offices O, Commercial Office Park/Industrial East C-2, General Commercial RetaiUOffice Retail, Automobile Repair and Service West C-2, General Commercial RetaiUOffice Offices Page 11 of 11 ~a ~~ RESOLUTION N0.09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE CENTER AT 7035 DUBLIN BOULEVARD AND TO ALLOW OFF-SITE PARHING AT 7051 DUBLIN BOULEVARD (APN 941-0210-025-02) PA 09-005 WHEREAS, the Applicant, Steven Geller, on behalf of Bright Horizons Family Solutions, has requested a Conditional Use Permit for the following: 1) to operate a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and 2) to allow for up to nine off-site parking spaces at 7051 Dublin Boulevard; and WHEREAS, Bright Horizons Family Solutions proposes to be the sole occupant of an existing 8,846 square foot, single-story office building; and WHEREAS, Section 8.12.050 of the City of Dublin Zoning Ordinance states that a Day Care Center (15+ children) is conditionally permitted in the C-2 (General Commercial) Zoning District with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the project site is located in the C-2 (General Commercial) Zoning District and has a General Plan land use designation of RetaiUOffice; and WHEREAS, in accordance with the City of Dublin Zoning Ordinance Off-Street Parking and Loading Regulations the proposed Day Care Center requires 43 parking spaces; and WHEREAS, the Applicant proposes to make modifications to the project site to accommodate an outdoor play area to serve the Day Care Center and as a result of those modifications only 34 parking spaces can be provided on-site resulting in a 9 space parking deficiency; and WHEREAS, Section =8.76.OSO~C of the City of Dublin Zoning Ordinance provides that where required parking for a use type cannot be feasibly provided on the same site as an approved use, the Zoning Administrator may allow the required parking to be located on an adjacent parcel pursuant to a Conditional Use Permit subject to all of the following requirements: 1) Conditional Use Permit findings can be made; 2) the most distant parking space from anon-residential use type is not more than 400 feet from the use; 3} additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Director of Community Development axe executed to assure that the required parking spaces are provided to the principal use for the life of the documents, covenants, deed restrictions, or other agreements; 4) the parking lot site is not located in a residential zone unless the principal use requiring the parking is also allowed in a residential zone; and 5) the parking lot site is not within a road easement or private street; and WHEREAS, in accordance with Chapter 8.96 of the City of Dublin Zoning Ordinance, the Zoning Administrator is transfemng decision making authority on the request for Off-Site Parking to the Planning Commission because the Planning Commission has decision making authority over the Conditional Use Permit request for the Day Care Center use which the proposed off-site parking would serve; and i3~~a~ WHEREAS, the Applicant has secured through a license agreement with Dublin San Ramon Services District the right to use nine of Dublin San Ramon Services District's parking spaces located adjacent to the project site; and WHEREAS, the most distant off-site parking space is not greater than 400 feet from the project site; and WHEREAS, the Dublin San Ramon Services District parking lot is located in a C-2 General Commercial Zoning District and is not a residential zone nor is the Dublin San Ramon Services District parking lot. within a road easement or private street; and WHEREAS, a complete application for the requested Conditional Use Permits was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted a written statement and project plans dated received January 21, 2009 and April 10, 2009; and WHEREAS, the City's Traffic Engineer has reviewed the project and assessed the need for a traffic study and determined that the project's contribution of traffic to the roadway network would not result in any impacts and as such a traffic study to assess off-site impacts was not required; and WHEREAS, a noise study was prepared by Rosen Goldberg Der & Lewitz, Inc., dated April 24, 2009 to assess the potential for noise impacts from children using the proposed outdoor play area and determined that with ambient traffic noise at the site, the noise from the outdoor play area is not expected to significantly increase noise levels at the nearby residences and resulting ambient noise level is expected to remain within the "normally acceptable" levels identified in the City of Dublin General Plan Noise Element; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, based on the whole record, including the project application materials and the Planning Commission Staff Report, the project has been found to be Categorically Exempt from CEQA according to CEQA Guidelines Section~15332, In-Fill Development Projects; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 26, 2009 for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Conditional Use Permit subject to the findings contained herein to allow the operation of a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and to allow for up to nine off- site parking~spaces at 7051 Dublin Boulevard; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. 2 1y-~~a) NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following Conditional Use Permit findings for the operation of a Day Care Center at 7035 Dublin Boulevard: A. The Day Care Center and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Day Care Center would be located within an existing office building; 2) the existing on and off-site parking would be adequate to serve the proposed Day Care Center; 3) the City's Traffic Engineer has concluded that the anticipated traffic from the Day Care Center onto the existing roadway network would not result in any negative impacts; 4) an acoustical report was prepared and concluded that the anticipated outdoor activities by the Day Care Center is expected to be within the "normally acceptable" levels of the City's General Plan Noise Element guidelines for single-family residences, which is a measurement of 60 decibels or less; and 5) the proposed facility will provide a service to the residents of Dublin as well as employees within the City. B. The proposed Day Care Center will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the Day Care Center will conform to all applicable regulations contained within the Dublin Zoning Ordinance; and 2) as conditioned, the property owner and operator(s) of the facility will be required to minimize noise and other impacts to the adjacent properties. C. The proposed Day Care Center will not be injurious to property or improvements in the neighborhood because: 1) the project will be located on a developed site and the outdoor play area would be located at the western property line enclosed by a six foot fence; 2) Conditions of Approval have been placed on the project to limit the hours of operation of the Day Care Center; and 3) Conditions of Approval have been placed on the project to limit the hours during which children would occupy the outdoor play area as well as to limit the number of children who would occupy the outdoor play area at one time. 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 because: 1) the project is located on a developed site with adequate provisions for public access, water, sanitation, and public utilities and services; 2) access to the Site will be taken off of Clark Avenue, a fully improved road; and 3) there are existing sidewalks to allow for adequate~pedestrian access to the Site. E. The proposed Day Care Center site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the project is located on a developed site, generally flat in topography; 2) the existing roadway network leading to the site and the availability of existing on and off-site parking is adequate to serve the proposed use; 3) as conditioned, the facility will operate between the hours of 6 a.m. and 7 p.m., Monday through Friday; and 4) as conditioned, the facility will have no more than 126 children on-site at any one time. ~'. The proposed Day Care Center will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because.• 1) the General Plan has designated the site for RetaiUOffice uses and a Day Care Center is consistent with RetaiUOffice development; and 2) the Dublin Zoning Ordinance provides that a Day Care Center is a Conditional Use in the C-2 (General Commercial) Zoning District in which it 3 ~5~~~ is located and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made. G. The proposed Day Care Center is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the use of the Site is consistent with the Dublin General Plan land use designation of RetaiUOffice which conditionally permits the use of Day Care Centers; 2) the proposed use is permitted with a Conditional Use Permit and meets the intent of the C-2, General Commercial Zoning District in which it is located; and 3) the Day Care Center will provide a needed service to residents and employees in Dublin. . NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following Conditional Use Permit findings to allow for up to 9 Off-Site Parking spaces located at 7051 Dublin Boulevard: A. The proposed off-site parking is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the off-site parking is located on an adjacent parcel at 7051 Dublin Boulevard and pedestrian access is provided by a sidewalk that leads directly from the off- site parking spaces to the project site. B. The off-site parking will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the off-site parking is located in a parking lot that has adequate vehicular circulation; 2) pedestrian access to the Day Care Center from the off-site parking is provided by a sidewalk that leads directly to two entrances at the rear of the building; and 3) Dublin San Ramon Services District has met the required parking requirement for their existing use and leasing nine parking spaces would not result in a negative impact to their use or surrounding uses. C. The off-site parking will not be injurious to property or improvements ~in the neighborhood because: 1) the off-site parking is located on a developed site at 7051 Dublin Boulevard and has been designed to ensure adequate vehicular circulation and pedestrian access to and from the parking lot; and 2) there is sufficient parking remaining for Dublin San Ramon Services District and leasing nine parking spaces would not result in any negative impacts. 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 because: 1) the nine off-site parking spaces can be accessed by a driveway on Dublin Boulevard and there is an adequate path of travel from the off-site parking spaces to the Day Care Center. . E. The off-site parking site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the off-site parking is located on a developed site, generally flat in topography; and 2) the existing roadway network leading to the off-site parking and the availability ofoff--site parking is adequate to serve the Day Care Center. ~'. The off-site parking will not be contrary to the speciftc intent clauses, development regulations, or performance standards established for the zoning district in which it is located because in accordance with Section 8.76.OSO.C, the following requirements have been met: 1) the Conditional Use Permit Findings can be made; 2) the most distant parking space is not more than 400 feet from the project; 3) a license agreement has been executed between Bert L. Michalczyk of Dublin San Ramon Services District and Ted Babbes of MAC DADDY, LLC to assure that 9 4 i~~~aF parking spaces are provided to the Day Care Center for the life of the agreement; 4) the parking lot site where the off-site parking would occur is located at 7051 Dublin Boulevard in a C-2, General Commercial Zoning District and is not a residential zone; and 5) the parking lot site where the off- site parking would occur is located at 7051 Dublin Boulevard and is not within a road easement of a private street. G. The off-site parking is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the off-site parking is consistent with the Dublin General Plan land use designation of RetaiUOffice in that there are a sufficient amount of parking spaces remaining for Dublin San Ramon Services District and the existing parking provided for this site will not be negatively impacted. BE IT FURTHERED RESOLVED that the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit for the operation of a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and a Conditional Use Permit for up to 9 Off-Site Parking for spaces at 7051 Dublin Boulevard, as shown on the written statement and project plans prepared by Tectonics dated received January 21, 2009 and April 10, 2009 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [F1N] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO: CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENER AL y _. 1. Approval. This Conditional Use Permit approval is for PL On-going Planning the establishment and operation of a Day Care Center at 7035 Dublin Blvd for up to 126 children and 18 employees and for Off-Site Parking. This approval shall be as generally depicted and indicated on the plans prepared by Tectonics dated received April 10, 2009, on file in the Community Development Department, and other plans, text, and diagrams relating to this permit approval, unless modified by the Conditions of Approval r contained herein. 2. Permit Expiration. Construction or use shall PL One year from DMC commence within one (1) year of Permit approval or the approval date 8.96.020.D Permit shall lapse and become null and void. Commencement of construction or use means the actual 5 ~~ ~i construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- PL One year from DMC maker may, upon the Applicant's written request for an approval date 8.96.020.E extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval - will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4. Modifications. Any modifications to the use or PL On-going DMC conditions of this Conditional Use Permit approval shall 8.100.080 be subject to review and approval by the final decision making body. Minor amendments maybe considered by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 5. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 6. Null and Void. This approval shall become null and PL On-going Planning void in the event that the approved use(s) ceases to operate for a continuous one-year period, after the use commences. 7. Site Development =- Review: The Applicant and/or PL On-going Planning Property Owner shall also comply with all Conditions of Approval associated with the Site Development Review (PA 09-005) for the building and related site improvements. PROJE CT SPECIFIC - - 8. Hours of Operation. The hours of operation for the PL On-going Planning Day Care Center are 6 a.m. to 7 p.m. Monday through Friday. An increase in the hours of operation shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 9. Number of Children. The Day Care Center is PL On-going Planning approved for up to 126 children. An increase in the number of children shall be subject to prior review and i~~~ approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 10. Number of Children and Hours in Outdoor Play PL On-going Planning Area. A maximum of 114 children shall be allowed at the outdoor play area at any given time. Children shall "not occupy the outdoor play area before 8 a.m. or later than 6:00 p.m. An increase in the number of children , and. hours of the outdoor play area shall be subject to prior review and approval by the Community Development Director in accordance .with Section 8.100.080 of the Dublin Zoning Ordinance. 11. Off-Site Parking. The Day Care Center shall provide PL On-going Planning the required number of on-site parking spaces in accordance with the Dublin Municipal Code. A total of 9 Off-Site Parking spaces located at 7051 Dublin Boulevard are required in order to meet the minimum parking requirement for the Day Care Center. The Day Care Center operator shall provide the Community Development Director with a written agreement to utilize the off-site parking spaces for the duration of the Day Care Center operation. In the event that the parking agreement expires, is revoked or lapses, the Day Care Center shall replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. Upon expiration, revocation or lapsing of the agreement, the Applicant or future operator shall immediately notify the Community Development Department and shall provide proof of a new plan for off-site parking, to the satisfaction of the Community Development Director, or in the alternative, shall reduce the occupancy accordingly. 12. Employee Parking. Before utilizing any on-site PL On-going Planning parking spaces, employees shall first utilize the 9 off-site parking spaces located at 7051 Dublin Boulevard until fully occupied in order to allow the maximum number of on-site spaces to be made available for_use by patrons of the Day Care Center. 13. Controlling Activities. The Applicant/Developer shall PL On-going Planning control all activities on the project site so as not to create a nuisance to surroundin businesses and residences. 14. Property maintenance. The property owner and/or PL On-going Planning future tenant(s) shall be responsible for maintaining the site in a clean and litter free condition at all times. 15. Graffiti. The Applicant/Developer and/or building PL, PO On-going Planning, tenant(s) shall keep the site clear of graffiti vandalism on Police a regular and continuous basis. Graffiti resistant paint for structures and film for windows or glass should be used whenever possible. 19~~~ 16. Signage. All new signage is subject to review and PL, B Ongoing Planning, approval by the City of Dublin and shall conform to Building Signage guidelines as established in Chapter 8.84 of the Zoning Ordinance. Proper Building Permits issued by the Building Department shall be obtained. 17. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84.050 shall only be permitted after first securing an approved Temporary Promotional Sign/Balloon Permit. All Signage on-site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 18. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 19. Temporary Structures. The use of any temporary PL On-going DMC structures, such as storage sheds or trailer/container 8.108 units used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 20. Photometric Plan/Parking Lot Lights. The PW, Prior to Various Applicant/Developer shall provide photometric PL, PO issuance of calculation for the existing parking lot and around the Occupancy building that demonstrates a minimum foot-candle Permit(s) lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessary. STAND ARD- CONDITIONS 21. Clarifications and Changes to the Conditions. In the PL Through Standard event that there needs to be clarification to these Completion Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the°Applicant/Developer by a written document signed by the Director and placed in the project file. The Director also has the authority to make minor modifications to these Conditions without going to a public hearing in order for the Developer to fulfill the requirements of the Conditional Use Permit. 22. Hold Harmless/Indemnification. The Developer shall ADM ThrougH Standard defend, indemnify, and hold harmless the City of Dublin Completion and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its r agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, ~o ~ia~ committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 23. Requirements and Standard Conditions. The Various Issuance of Standard ApplicantlDeveloper shall comply with applicable City Building of Dublin Fire Prevention Bureau, Dublin Public Works Permits Department, Dublin Building Division, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall obtain any necessary permits or approvals provide form each such agency or department. 24. Fees. The Developer shall pay all applicable fees in Various Issuance of Standard effect at the time of building permit issuance including, Building but not limited to, Planning fees, Building fees, Dublin Permits and San Ramon Services District fees, Public Facilities fees, Ongoing Dublin Unified School District School Impact fees, Public Works Traffic Impact .fees, City of Dublin Fire Services fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. PASSED, APPROVED AND ADOPTED this 26t'' day of May 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: r ATTEST: Planning Commission Chair Acting Planning Manager 9 RESOLUTION N0.09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW TO MODIFY AN EXISTING PARKING LOT TO ACCOMMODATE AN OUTDOOR PLAY AREA AND MAKE ASSOCIATED SITE AND EXTERIOR BUILDING IMPROVEMENTS RELATED TO THE OPERATION OF A DAY CARE CENTER AT 7035 DUBLIN BOULEVARD (APN 941-0210-025-02) PA 09-005 WHEREAS, the Applicant, Steven Geller, on behalf of Bright Horizons Family Solutions, has requested Site Development Review approval to modify an existing parking lot to accommodate an outdoor play area and to make associated site and exterior building improvements related to the operation of a Day Care Center; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of an outdoor play area, modifications to the existing parking lot and exterior building improvements; and WHEREAS, a Site Development Review is required for major site layout modifications including but not limited to a significant increase in paving areas, circulation, lighting fixtures, parking, and landscaping as set forth in Chapter 8.104 Site Development Review of the Zoning Ordinance; and WHEREAS, a Site Development Review is required for minor facade modifications in Commercial :Zoning Districts as set forth in Chapter 8.104 Site Development Review of the Zoning Ordinance; and WHEREAS, the project site is located in the C-2 (General Commercial) Zoriing District and has a General Plan land use designation of RetaiUOffice; and WHEREAS, a complete application for a Site Development Review was submitted and is available and on file in the Community fDevelopment Department; and WHEREAS, the Applicant has submitted a written statement and project plans dated received by the Planning Division on January 21, 2009 and April 10, 2009; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, based on the whole record, including the project application materials and the Planning C6mmission staff report, the project has been found to be Categorically Exempt from CEQA according to CEQA Guidelines Section 15332, In-Fill Development Projects; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 26, 2009 for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required bylaw; and ~~~~ WHEREAS, a Staff Report was submitted recommending that the Planning Commission conditionally approve a Site Development Review subject to the findings contained herein to modify an existing parking lot to accommodate an outdoor play area and to make associated site and exterior building improvements related to the operation of a Day Care Center; and WHEREAS, the~Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings for said Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) a condition has been put in place to require the proposed exterior building modifications to be compatible with existing building conditions in terms of color and material in order to preserve the building's architectural character; 2) the proposed landscaping and exterior building modifications provide a visually attractive development that is consistent with the General Plan; and 3) the C-2 District allows for the operation of Day Care Centers as a conditional use and the C-2 District is consistent with the Retail/Office land use designation of the General Plan. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the proposed six foot fence around the play area perimeter complies with all landscaping and fencing regulations as set forth in Chapter 8.72 of the Zoning Ordinance in that it does not exceed the maximum permitted height; 2) the proposed landscaping meets the minimum percentage of landscaped area required for a parking lot as set forth in Chapter 8.76 Off-Street Parking and Loading Regulations; and 3) the parking lot driveways and drive aisles are proposed to be widened and existing angular parking stalls are proposed to be reconfigured to perpendicular parking stalls in order to enhance vehicle circulation and to meet required driveway, drive aisle and parking stall dimensions as set forth in Chapter 8.76 Off-Street Parking and Loading Regulations. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) the project consists of the construction of an outdoor play area and associated site improvements which are designed to ensure the health and safety of persons working in the vicinity~in that the proposed six foot fence around the play area perimeter is designed to prevent people from scaling the fence; 2) new evergreen landscaping is proposed to serve as a buffer between the play area and adjacent uses as well as to provide visual enhancement to surrounding properties; and 3) the parking lot design would be reconfigured and the driveways and drive aisles would be widened to facilitate enhanced vehicular circulation. D. The subject site is physically suitable for the type and intensity of the approved development because: l) the parking lot has been designed to improve vehicular access and circulation and would include the widening of existing driveways and drive aisles and to accommodate for perpendicular parking stalls; 2) all fencing has been designed to provide visual surveillance of the outdoor play area; and 3) new landscaping will be planted to enhance the overall appearance of the site as well as to serve as a buffer between the site and adjacent residences. 2 a~ ~~a~ E. Impacts to existing slopes and topographic features are addressed because: 1) the site is fully developed, relatively flat, with no significant topographic features; and 2) Conditions of Approval have been applied to the project to ensure that all modifications to the site layout comply with all applicable codes, regulations and requirements. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the outdoor play area has been located in an area that is compatible with the building; 2) the height of the outdoor play area equipment and perimeter fence have been designed to be compatible with surrounding developments; 3) the trash enclosure has been designed to be architecturally compatible with the existing building; and 4) modifications to the building include the addition of windows and doors along the exterior elevations and would be designed to be architecturally consistent to match existing conditions in terms of colors and materials. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) a continuous planting strip of evergreen shrubs and flowering accent plants will be installed to appropriately screen and soften the outdoor play area; and 2) a vaxiety of evergreen trees would be planted along the perimeter of the play area to serve as a buffer between the residences and outdoor play area. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) the existing parking lot would be reconfigured to provide perpendicular parking stalls rather than angular parking stalls to facilitate two-way drive aisles and to improve vehicular circulation and parking; 2) the drive aisles would be widened to accommodate 25 foot drive aisles for enhanced vehicular circulation; and 3) driveways providing access to the Site from Clark Avenue will be widened in order to meet driveway width requirements as set forth in the Zoning Ordinance. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby conditionally approve a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and to make associated site and exterior building improvements related to the operation of a Day. Care Center at 7035 Dublin Boulevard, as shown on the plans prepared by Tectonics dated received April 10, 2009 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. 3 a4 ~ ~a~ When NO.; CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENE RAL 1. Approval. This Site Development Review approval is for PL On-going Planning exterior building modifications, the construction of an outdoor play area and associated site improvements for a Day Care Center location at 7035 Dublin Boulevard. This approval shall be as generally depicted and indicated on the plans prepared by Tectonics dated received April 10, 2009, on file in the Community Development Department, and other plans, text, and diagrams relating to this permit approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall commence PL One year DMC within one (1) year of Permit approval or the Permit shall from 8.96.020.D lapse and become null and void. Commencement of approval construction or use means the actual construction or use date pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker PL One year DMC may, upon the Applicant's written request for an extension from 8.96.020.E of approval prior to expiration, and upon the determination approval that any Conditions of Approval remain adequate to assure date that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All tune extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by the 8.104 Community Development Director if the modifications or changes proposed comply with Chapter 8.104 of the Zoning Ordinance. 5. Permit Validity. This Site Development Review Permit PL On-going DMC approval shall be valid for the remaining life of the 8.96.020.F approved structure so long as the operators of the subject property comply with the project's conditions of approval. 6. Revocation of Permit. The Site Development Review PL On-going DMC permit approval shall be revocable for cause in accordance 8.96.020.I with Section 8.96.020.I of the Dublin Zoning Ordinance. ash /a~ Any violation of the terms or conditions of this permit shall be subject to citation. 7. Conditional Use Permit. The Applicant and/or Property PL On-going Planning Owner shall also comply with all Conditions of Approval associated with the Conditional Use Permit (PA 09-005) for the establishment and operation of the Day Care Center. 8. Clean-up. The Applicant/Developer shall be responsible PL On-going Planning for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 9. Temporary Fencing. Temporary Construction fencing PW, B Through Public shall be installed along perimeter of all work under Completion Works construction to separate the construction operation from and the public. All construction activities shall be confined to Building within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of--way unless approved in advance by the City Engineer/Public Works Director. 10. Property Maintenance. The property owner and/or PL On-going Planning future tenant(s) shall be responsible for maintaining the site in a clean and litter free condition at all times. 11. Graffiti. The Applicant/Developer and/or .building PW, PL, On-going Public tenant(s) shall keep the site clear of graffiti vandalism on a PO Works, regular and continuous basis. Graffiti resistant paint for Planning structures and film for windows or glass should be used and whenever ossible. Police 12. Temporary Structures. The use of any temporary PL On-going DMC structures, such as storage sheds or trailer/container units 8.108 used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 13. Signage. All new Signage is subject to review and PL,B On-going Planning, approval by the City of Dublin and shall conform to Building Signage guidelines as established in Chapter 8.84 of the Zoning Ordinance. Proper Building Permits issued by the Building De artment shall be obtained. 14. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons shall 8.84.050 only be permitted after first securing an approved Temporary Promotional Sign/Balloon Permit. All Signage on-site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. j5. A-.Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. Z6 ~ la ~ 16. Annotated Conditions of Approval. A copy of these PL, B Upon Planning Conditions of Approval shall be submitted with all Application and applications for Building Permits and shall be annotated to fora Building indicate how all Conditions of Approval will be complied Building with and where they are located within the plans. A Permit Building Permit submittal will not be accepted without the annotated conditions. 17. Clarifications and Changes to the Conditions. In the PL, PW Through Planning event that there needs to be clarification to these Completion and Conditions of Approval, the Directors of Community Public Development and Public Works have the authority to Works clarify the intent of these Conditions of Approval to the ApplicantlDeveloper by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed, improvements or mitigations resulting from impacts of this project. 18. Hold Harmless/Indemnifcntion. The Developer shall ADM Through Standard defend, indemnify, and hold harmless the City of Dublin Completion and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding=and the City's full cooperation in the defense of such actions or proceedings. 19. Requirements and Standard Conditions. The Various Issuance of Standard ApplicantlDeveloper shall comply with applicable City of Building Dublin Fire Prevention Bureau, Dublin Public Works Permits Department, Dublin Building Division, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of ' Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall obtain any necessary permits or approvals provide form each such agency or department. a~~~~ 20. Fees. The Developer shall pay all applicable fees in effect Various Issuance of Standard at the time of building permit issuance including, but not Building limited to, Planning fees, Building fees, Dublin San Permits and Ramon Services District fees, Public Facilities fees, Ongoing Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. PLANI~IING DIVTSIOIV -PROJECT SPECIFIC 21. Door and Windows. All new doors and windows shall PL Final Planning match existing doors and windows in terms of colors, Inspection materials and finishes. and On- going 22. Fence Detail for Outdoor Play Area. The final fence PL, PO Issuance of Planning detail for the- outdoor play area shall be generally Building and consistent with the preliminary project plans prepared by Permits Police Tectonics, dated received April 10, 2009, on file in the Community Development Deparment, unless modified by the Conditions of Approval contained herein. In addition, a vinyl mesh fabric shall be applied to the south and west elevations of the fence. The final design of the fencing and gates shall be subject to review and approval by the Community Development Director. 23. Trash Enclosure/Garbage Area. The final trash PW, PL Prior to Public enclosure shall be generally consistent with the issuance of Works preliminary project plans prepared by Tectonics, dated Building and received April 10, 2009, on file in .the Community Permit Planning Development Department unless modified by the Conditions of Approval contained herein. The enclosure shall have a roof constructed of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. 24. Equipment Screening. All electrical and/or mechanical PL Through Planning equipment shall be screened from public view. Any roof- Completion/ mounted equipment shall be completely screened from On-going view by materials architecturally compatible with the r building and to the satisfaction of the Community Development Director. za ~. ia~ 25. Photometric Plan/Parking Lot Lights. The Applicant/ PW, PL, Prior to Public Developer shall provide photometric calculation for the PO issuance of Works, existing parking lot and around the building that Occupancy Planning demonstrates a minimum foot-candle lighting level of not Permit(s) and less than 1.0 at the ground surface for the adjacent parking Police area; if this cannot be verified provide additional lighting where necessary. `LANDS CAPING , 26. Final Landscape and Irrigation Plans. A Final PL, PW Prior to Planning Landscape and Irrigation Plan prepared and stamped by a approval of and State licensed landscape architect or registered engineer improvemen Public shall be submitted for review and approval by the t plans and Works Community Development Director. The Final Landscape issuance of and Irrigation Plan shall be generally consistent with the Building preliminary landscape plan prepared by Tectonics., dated Permit received April 10, 2009, on file in the Community Development Department, unless modified by the Conditions of Approval contained herein. Landscape and Irrigation Plans shall be submitted at a minimum scale of 1 "=20' and shall be coordinated with on-site civil, streetlights, and utility improvement Tans. 27. Landscape and Utilities. Utilities shall be coordinated PL Issuance of Planning with proposed landscaping. The location of utilities shall Building be studied carefully to minimize their visual impact and to Permits provide adequate planting space for trees and for screening shrubs. 28. Landscaping of Trash Enclosure. The Applicant/ PL Issuance of Planning Developer shall screen the walls of the trash enclosure Building with landscape material. The use of shrubs and vines is Permits encouraged. 29. Lighting. The location of trees and light fixtures shall be PL, PW, Issuance of Planning, coordinated to the satisfaction of the Public Works PO Building Public Director, Community Development Director, and Dublin Permits Works Police Services. Lighting used after daylight hours shall be and adequate to provide for security needs. Police 30. Standard Plant Material, Irrigation and Maintenance PL Issuance of Planning Agreement. The Applicant/ Developer shall complete Building and submit to the Dublin Planning Division the Standard Permits Plant Material, Irrigation System and Maintenance Agreement. 31. Maintenance of Landscaping. All on-site landscaping PL On-going Planning shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Applicant/Tenant after City-approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall a9~~ai require prior review and written approval from the Community Development Director. 32. Installation of Landscaping and Parking Lot PL Occupancy Planning Improvements. All landscaping and parking lot improvements shall be installed prior to occupancy of the buildings. 33. Landscaping at Intersections. Landscaping at PW, PL, Prior to Public intersections shall be such that sight distance is not PO issuance of Works, obstructed for drivers. Except for trees, landscaping shall Occupancy Planning, not be higher than 30 inches above the curb in these areas. Permit Police 34. Landscaping. Landscaping shall be kept at a minimal PO On-going Police height and fullness so that patrol officers and the general public have the ability to survey the area and identify risks. 35. Screening of Backflow Preventer. The backflow PL Final Planning preventer shall be frost bagged with a color to match Inspection landscaping and shall be adequately screened at all times from public view by providing adequate landscaping. PUBLIC WORKS 36. Required Permits. An encroachment permit from the PW Issuance of Public Public Works Department may be required for any work Building Works done within the public right-of--way. Permits and Ongoing 37. Standard Public Works Conditions of Approval. PW Prior to Public Applicant/Developer shall comply with all applicable City approval of Works of Dublin Public Works Standard Conditions of Approval. Improvement In the event of a conflict between the Public Works Plans Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 38. Improvement Agreement and Security. Pursuant to PW Prior to Public §7.16.620 of the Dublin Municipal Code, the Applicant approval of Works shall obtain a Grading/Sitework Permit from the Public Improvement Works Department that governs the installation of Plans required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the Applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 39. Improvement and Grading Plans. All improvement, PW Prior to Public drainage, utility and grading plans submitted to the Public approval of Works Works Department for review/approval shall be prepared Improvement in accordance with the approved CUP/SDR, these Plans Conditions of A proval, and the City of Dublin Municipal 30 0~, lad Code including Chapter 7.16 (Grading Ordinance). Design plans shall be prepared to engineering scale of 1'=40'. All printing and lettering shall be 1/8" minimum height and such shape and weight as to be readily legible on prints and microfilm reproductions. When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages}. For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved CUP/SDR, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the plans. 40. Erosion Control during Construction. Applicant/ PW Prior to Public Developer shall include an Erosion and Sediment Control issuance of Works Plan with the Grading and Improvement Plans for review Grading/Site and approval by the City Engineer and/or Public Works work Permit Director. Said plan shall be designed, implemented, and and During continually maintained pursuant to the City's NPDES Construction permit between October 1St and April 15t}' or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. All` grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. 10 ~~~,d~ 41. Storm Drain Improvements. ApplicantlDeveloper shall PW Prior to Public install new Triton Filters in all on-site catch basins and issuance of Works one on Dublin Boulevard. Occupancy Permit(s) 42. Storm Water Treatment Measures Maintenance PW Prior to Public Agreement. Applicant/Developer shall enter into an issuance of Works agreement with the City of Dublin that guarantees the Occupancy property owner's perpetual maintenance obligation for all Permit(s) storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly o erated and maintained. 43. Vehicle Parking. Applicant shall repair any distressed PW Prior to Public areas of pavement within the existing parking field, then issuance of Works seal and re-stripe the entire parking field. All parking Occupancy spaces shall be double striped using 4" white lines set Permit(s) approximately 2 feet apart according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped axea or planter. Wheel stops as necessary shall be provided at the parking stalls. . 44. Driveway. The Applicant/Developer shall upgrade the PW Prior to - Public existing driveways at Clark Avenue to conform to current issuance of Works City standard. The Applicant/Developer shall coordinate Occupancy with the adjacent property owner as necessary to install Permit(s) the driveway. 45. Signs and Pavement Markings. The PW Prior to Public Applicant/Developer shall be responsible for the following, issuance of Works on-site traffic signs and pavement markings: Occupancy a) Directional pavement arrows in the drive aisles. Permit(s) b) R26F "No Stopping -Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. c) R100B (disabled parking regulations sign) shall be installed at each of the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". d)~Handicapped parking signs and legends per State Title 24 requirements. e) The word "Compact" (12" high letters) shall be stenciled on the pavement surface within each compact parking space. 11 3z ep lad ~" f) "No Dumping -Drains to Bay" markers at all storm drain inlets. g) Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 46. Construction Hours. Construction and grading PW During Public operations shall~be limited to weekdays (Monday through Construction Works Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 47. Damage/Repairs. The Applicant/Developer shall be PW Prior to Public responsible for the repair of any damaged pavement, curb issuance of Works & gutter, sidewalk, or other public street facility resulting Occupancy from construction activities associated with the Permit development of the project. 48. Geographic Information System. The Applicant/ PW Prior to Public Developer shall provide a digital vectorized file of the issuance of Works "master" files on floppy or CD of the Improvement Plans Occupancy to the Public Works Department and DSRSD. Digital Permit raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 49. Public Improvements. All public improvements PW Prior to Public constructed by Developer and~to be dedicated to the City issuance of Works are hereby identified as "public works" under Labor Code Occupancy section 1771 unless the Public Works Director specifically Permit determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 50. Parking Prohibitions/Restrictions. Vehicle parking PW On-going Public shall beprohibited/restricted in the following locations: Works ~a) Parking shall be prohibited along west side of Clark Avenue in between Dublin Boulevard and the first private access driveway. This parking prohibition shall be indicated with red-painted curbs, and with R26F "No Stopping -Fire Lane" 12 33 ~ la ~ signs installed at a spacing not to exceed 200'. b) Parking shall be prohibited along the east side of Clark Avenue adjacent to both private driveway entrances (approximately 20' length}. This parking prohibition shall be indicated red-painted curbs, and with R26F "No Stopping -Fire Lane" si BUILD ING DIVISION 51. Building Codes and Ordinances. All project B Completion Building construction shall conform to all building codes and ordinances in effect at the time of building permit. 52. Building Permits. To apply for building permits, B Issuance of Building ApplicantlDeveloper shall submit five (5) sets of Building construction plans to the Building Division for plan check. Permit Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies rior to the issuance of building permits. 53. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permit conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape lan and details shall be consistent with each other. 54. Addressing. Address will be required on all doors B Prior to Building leading to the exterior of the building. Addresses shall be Occupancy illuminated and be able to be seen from the street, 5 inches in hei ht minimum. 55. Engineer Observation. The Engineer of record shall be B Prior to Building retained to provide observation services for all Frame components of the lateral and vertical design of the Inspection building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 56. Air Conditioning Units. Air conditioning units and B Prior to Building ventilation ducts shall be screened from public view with Occupancy materials compatible to the main building. Units shall be r permanently installed on concrete pads or other non- movable materials to be approved by the Building Official and Director of Community Development. 13 ~~,~~ S7. Change of Occupancy Permit required. As per section B Issuance of CA 3406 of the CA Building Code, a change of occupancy Building Building requires the building to meet the requirements of a new Permit Code building for the proposed occupancy type. This may Section require upgrades to the structural systems. The building 3406 and will be required to meet accessible codes as listed in Chapter ' Chapter 11B of the California Building Code. Afire 11B sprinkler system is required. :.FIRE PREVENTION 58. Compliance With All Applicable Building and Fire F Completion Fire Codes. The project shall comply with the applicable Building and Fire Codes. Site and Building plans shall be provided for review and approval by Dublin Fire Prevention. 59. Automatic Fire Alarm System. Manual and automatic F Completion 2007 CFC fire alarm systems shall be installed. 907.2.3 60. Automatic Fire Sprinkler System. Automatic fire F Completion DMC sprinkler systems shall be installed. 903.2.2 61. Means of Egress Illumination. Installation of means of F Completion 2007 CFC egress illumination shall be required. 1006 62. Access Controlled Egress Doors. Should access F Completion Fire controlled egress doors be part of plan, said doors shall comply with Section 1008.1.3.4 of the 2007 California Fire Code.. 63. Door Operation. Door operation shall comply with the F Completion 2007 CFC Section 1008.1.8 of the 2007 California Fire Code. 1008.1.8 64. Door Hardware. Door hardware type and operation shall F Completion 2007 CFC meet the requirements for locks & latches. 1008.1.8.3 65. Exit Signs. Exit signs shall be installed in accordance F Completion 2007 CFC with Section 1011 of the 2007 California Fire Code. 1011 66. Exit Corridors. Exit corridors shall meet fire resistant F Completion 2007 CFC construction requirements. 1017 67. FIRE ACCESS DURING CONSTRUCTION F Completion Fire Fire Access. Access `roads, turnarounds, pullouts, and fire operation areas are Fire Lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. Sitg. Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to combustible construction commencing. Fire Lane. Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road 14 ~~/a~ surface, bridges/cxossings, and gates/key-switch shall be required within 150-ft. distance to the Fire Lane. Personnel Access. Personnel access shall be located to furthermost portion of the exterior wall with consideration to route width, slope, surface and obstructions. 68. Existing Fire ~ Sprinkler Systems - Modifications. F Issuance of 2007 CFC Sprinkler system shall be modified as necessary to provide Building 901.5 protection for all tenant improvements. Permit, a) Sprinkler Plans. Submit detailed mechanical drawings Final of all sprinkler modifications, including cut sheets, Inspection listing sheets and calculations to Dublin Fire Prevention for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. b) Five-Year Certification. If the existing fire sprinkler system does not have a current 5-Year Certification, such will need to be obtained and all deficiencies corrected prior to project final. If it has a current 5- year Certification, copies of the last 4 quarterly reports will need to be provided to the Fire Inspector prior to final for review. 69. Monitoring Requirements for Existing Fire Sprinkler F Completion Fire Systems. a) Central Station Monitored Account. Automatic fire extinguishing systems within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to Dublin Fire Prevention for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. b) Monitoring System Plans (Deferred Submittal Item). If it is necessary to install a fire alarm monitoring system or modify an existing system in order to obtain a Certificated or Placarded account, plans and specifications shall be submitted to Dublin Fire Prevention for review and approval of the installation or modifications. c) Fire sprinkler system shall have an audible alarm in each suite served by the fire sprinkler system. 2002 NFPA 13 section 6.9.1 & 2007 CFC 903.4.1. 15 ~ ~ ~a~ 70. FD Building Key Box/Building Access. A Fire F Completion CFC Department -Key Box shall be installed at the main 506 entrance to the Building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master.. key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection: The inspector will then lock the keys into the box. 71. Gate Approvals. Fencing and gates that cross pedestrian F Issuance of CFC access and exit paths as well as vehicle entrance and exit Building 501.3 roads need to be approved for fire department access and Permits egress as well as exiting provisions where such is applicable. Plans need to be submitted that, clearly show the fencing and gates and details of such. This should be clearly incorporated as part of the site plan with details provided as necessary. 72. Interior Finish. Wall and ceiling interior finish material F Completion CFC shall meet the requirements of Chapter 8 of the California 803 Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut- sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. 73. Addressing. Addressing shall be illuminated or in an F Completion CFC illuminated area. The address characters shall be 505, contrasting to their background. If address is placed on 408.11.2 glass, the numbers shall be on the exterior of the glass and DMC a contrasting background placed behind the numbers. 7.08.040 Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Rear Doors. The address shall also be provided on any rear doors to the tenant space with minimum 5-inch high characters. Entrance Posting. Where the addressing on the building will not be clearly visible from either direction of travel along the access road the address references. Address posting shall also be provided at the entrance to the property. The address size shall be 5-inches high and should be on a reflective background. 16 ~~~~~ 74. Automatic Shut Offs for Ducts. Air moving systems F Completion 2007 CMC supplying air in excess of 2,000 cubic feet per minute to Section 609 enclosed spaces within buildings shall be equipped with & 2007 an automatic shutoff. Automatic shutoff shall be CFC 907.12 accomplished by interrupting the power source of the air moving equipment upon detection of smoke in the main supply air duct served by such equipment. Smoke detectors shall be labeled by an approved agency approved and listed by California State Fire Marshal for air duct installation and shall be installed in accordance with the manufacturer's approved installation instructions. 75. General Inspection. Upon inspection of the work for F Completion CFC which this submittal was provided, a general inspection of 301.1 the business and site will be conducted. POLICE 76. Non-Residential Security Ordinance Requirements. PO On-going Police The Applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. In particular, see the code sections with respect to interior lighting. (Security/Emergency lighting maybe installed in lieu of modifying the accessibility of light switches.) 77. Emergency Response Card. The Applicant shall PO Prior to Police complete a "Business Site Emergency Response Card" Occupancy and deliver it to the Police Department prior to occupancy. 78. Identification of Doors. All doors shall be identified PO Prior to .Police inside and outside as to their respective purposes (e.g., Occupancy "classroom A", or "Exit Only"). Placard signs or vinyl lettering may be used. 79. Facility Diagram. There shall be displayed in the lobby, PO Prior to Police a diagram of the interior of the facility identifying each Occupancy room. 80. State Licensing. The Applicant must be licensed and PO Prior to Police comply with all State of California Community Care Occupancy Licensing (CCL) requirements. and On- Going 81. City of Dublin Business License. The Applicant must PO Prior to Police apply for a City of Dublin Business License. A copy of Occupancy the approved State of California Community Care license must be submitted. IJBLIN SAN' RAMON SERVICES DISTRICT SRSD 82. Standard Conditions. Applicant/Developer shall comply DSR Through DSRSD with all applicable Standard Conditions as required by Construction Dul?lin San Ramon Services District. 17 .~~ ~ iai PASSED, APPROVED AND ADOPTED this 26t" day of May 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Acting Planning Manager G: IPA#IZ009IPA 09-005 Bright Horizons Daycare Center CUP SDRIPC_5.26. D9IPCRESO_SDR_OS.Z6.09.doc r 18 .. ._ ...., ... _ _ .. .:. 3~~~. `',-` _ ~ ~, Bright I~orizons Chiid Care & Early Education PROJECT DESCRIPTION PROPOSED BRIGHT HORIZONS CHILDREN'S CENTER CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW 7035 Dublin Boulevard DubNn, California. January 21, 2009 The proposed Bright Horizons Children's Center, LLC, is a tenant improvement project - that will bean amenity and provide easily accessible child care services for the community. The tenant space is a stand-alone existing building with exits directly to grade. The project will include a remodel of approximately 8,500 square feet of interior space and will accommodate separate areas far Toddlers, Two-year-olds, and Preschool aged children. Approximately 8,300 square feet. of the existing exterior paving.wi[l be . renovated to accommodate p{ay areas for each age group. r .• if :;:;::~ `J. JAN 2 A 20Q9 ~u~LrN P~~~~NG PA oq_ ~ 6 ~~°~ ~a~ WRITTEN STATEMENT PROPOSED BRIGHT HORIZONS CHILDREN'S CENTER 7035 Dublin Boulevard Dublin, CA A. TYPE OF BUSINESS The proposed business is a child care center and will accommodate up to 126 children. The breakdown of the children is as follows: Toddlers: 24 RECEIVE Two's: 30 Pre-School: 72 MAY 19 2089 B. EMPLOYEES DUBLIN PLANNIfV(~ The center will have up to 18 staff on site at any one time. C. PROPOSED HOURS AND DAYS OF OPERATION The Children's Center will operate from 6 AM to 7 PM, Monday through Friday. Drop off and pickup is anticipated throughout the hours of operation. Play times vary throughout the hours of operation on a rotational basis by classrooms. The playground could have a maximum of 114 children at one time with approx. 12 teachers. D. TARGET COMMUNITY The proposed center will serve as an amenity for the community. Historically, approximately 15% of families served at Bright Horizons Children's Centers have multiple children enrolled. E. BENEFIT The proposed Children's Center serves the surrounding community in providing quality child care to families where parents work, F. DISRUPTIONS FOR SURROUNDING RESIDENTS OR BUSINESSES - The children's Center will have secured outdoor play areas on the west side of the site. Although children will be playing outside, the noise level is not anticipated to be disruptive or negative. 1 of 3 4~~~i G. NEGATIVE EFFECTS OF BUSINESS The Children's Center will not have a negative effect on the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or general welfare. H. NEGATIVE IMPACTS ON PROPERTY, SYSTEMS OR IMPROVEMENTS IN NEIGHBORHOOD The Children's Center will not create any negative impacts on property, transportation systems, or existing improvements in the neighborhood. The existing parking lot will be modified to allow construction of the outdoor play areas, but existing driveways will remain, and entering/leaving the lot will still be from Clark Avenue. No security or public safety issues are anticipated as a result of this project. Staff will continuously supervise the children and all access points to the center, and the playground will be controlled. There will be an intrusion detection alarm for after-hours security. I. SITE LAYOUT The existing parking lot will be modified to provide new children's outdoor play environments, enclosed by new aluminum picket fencing and gates. The perimeter of the playground will have a 6' high fence and the fences between playgrounds will be 4' high. Vehicles will enter and leave the center via existing driveways off of Clark Avenue. Parking for staff and visitors will be accommodated completely within the parking lot. Vehicular access to the adjacent DSRSD gate on the north side of the property will be maintained in its current condition can location. J. SUITABILITY OF SITE The site is physically`well-suited for the site because of the open areas available for the outdoor playgrounds while maintaining areas for parking and landscaping. K. IMPACT OF VIEWS BY PROPOSED DEVELOPMENT The proposed development will likely enhance the existing views, with the addition of landscaping and play environments. The trash dumpster will be located in an enclosure within the parking lot. r L. .. PHYSICAL CHARACTERISTICS OF SITE 2 of 3 4z~ra~ The existing site is relatively flat, with well-landscaped areas surrounding the building. The proposed addition of the play areas will provide additional landscaping. M. ARCHITECTURAL DESIGN /THEME The existing building is a one story low scaled structure with mansard roofs and wood trellises/canopies. The proposed Children's Center is planned as a tenant improvement. Exterior modifications to the building will be limited to the addition of some windows and doors required for natural light and egress from the new classrooms. New windows and doors will be consistent in style and finish with the existing. N. LANDSCAPING In addition to the existing landscaping throughout the parking lot and surrounding the building, the proposed exterior play areas will have new trees and shrubs as well as a raised garden for the children to plant. O. HAZARDOUS WASTE CONCERNS The proposed project is not located on a hazardous waste and substances site. Additionally, no storage of hazardous materials is anticipated within the Children's Center. 3 of 3 ~, RECEIVE APR 10 2009 ®L913LIN PLANNING (E) DSRSD ADMINISTRATION & CORP YARD SITE INFOF 4TION yS °H ~a) PARKING REQUIRED: TOTAL CHILDREN (126)/5 = 26 SPACES TOTAL STAFF (14)/1 = 14 SPACES LOADING SPACE = 1 ADA ACCESSIBLE = 2 TOTAL REQUIRED = 43 SPACES PARKING PROVIDED 46 SPACES TOTAL AREA OF PARKING LOT COVERAGE 24,995 SF TOTAL ARFA OF PARKING LOT LANDSCAPING 4,3D5 SF PERCENTAGE OF PARKING LOT THAT IS LANDSCAPED 177 TOTAL AREA OF SITE 50,008 SF TOTAL AREA OF BUILDING 6,846 SF PERCENTAGE OF LOT THAT IS LANDSCAPED 267 EXISTING PARKING LOT LIGHTING ~~ PROPERTY LINE - EXISTING PAD MOUNTED TRANSFORMER I? EXISTING MONUMENT SIGN ~ EXISTING FIRE. HYDRANT `~ DUMPSTER ENCLOSURE DE LIGHT LEVEL INFORMATION ~0f ~ SEE IGHT LEVEL CHART TO LEFT wm wi uc NEW WORK KEYNOTES ^1 ExlsnNC muwN ro AEW1N RESIAIPED PARgNG SEAllS NEW TREE WEllS ® sEwnE srt+ucluRE m REYNN fiO NEW CGNC IANf1NG NEW CWEAED TRA591 ENCLOSMRE JQ NEW l1FlNX CdINECEiFD ID SWIfARf SEWER NEW 6'H SIEEL PICIQT FENCE WJ NE9f FABRIC NEW B11 CFWN lWK FHlCE 10 NEW 6H SIFEL PICIa:T FENCE W/ NO MESH FABI6C 11 EX6fBIG Dart PGtE 12 NEw EaNOSr~PINc 13 Ez~nNG turosragNc 14 EXE;fBFG eArcH r. sASN 15 NEW BV7CFLOW Pf(c4EHIF.R FCR FlAE SR6NNLET6 16 NEW lOW-AWAY SIGN 17 EXEiRNG 81gMLGW PAEVEHfER FCR IRAIGAIIGN SiSfEM LEGEND RESIUENi SURFACWG i11 CONCRETE WALKWAY LAWN BARK W/ PLANIS T` ~ ' CHILD GARDENING 20' 10' 0' 20' 40' s TODDLER PI AY ARFA TWO'S PLAY ARFA PRE-SCHOOL PfAY AREA Stu ~ ial -~-- 10' S' 0' 10' 20' ~~~~ GRAPHIC SCALE: 1" = 10' NORTH I Pi AYrROUND EQUIPMENT KEY I I TAG Q NAME/DESCRIPTION/MODEL ~ TREE STUMPS MANUFACTURER U LU OM L CAL P COMMENTS UGH Y 1 H X B -16 IN On• 25 02 GARDEN STATUE -SLEEPING CAT (50472) PLOWHEARTH 2 Ha SEASHELL STE?PING STONE PLOWHEARTH 4 3H WONDER STEPPING STONE - PLOWHEARTH 4 oa WATER SOURCE: HDSE BIBB O KIDNICK TABLE CEOARWORKS 2 O ART EASEL (03995M) BIG TOYS 6 0 SLIDE-LID STORAGE SHED (3752) RUBBERMAID 49' X 70" K 46" 4 Q PRESCHOOL CUMBER -CUSTOM (D5814M) BIG TOYS 1 O WATER PUMP AND 1ROUGHS GROUNDS FOR PLAY 1 10 B'-0 CEDAR PATH (50144) PLOWHEARTH i I1 HEARTWOOD BIRD HDUSE BESiNESf 1 1z SANDBOX ° SANDLOCK 4B" X 48" X 10" 1 la DEVON TEAK GUDER (745901) SMRH AND HAWI(EN 1 I5 CLEAR TUBS 510628 FURNINRE-4KIDS.COM 1 tH TODDLER PLAYGROUND -FAIRY CASTLE (M623) KOMPAN -JOHN IARUE 1 l9 APOLLO SUN SNAOE (BH1010RB) APOLLO SUNGAURD 10' X 10' -BLUE 2 Q TWOS PLAYGRDUND - (01775M) BIG TDYS 1 21 BIG TOYS PLAYHOUSE (01703M) BIG TOYS 3 NOTE: ALL REMS ON THIS TABLE TO BE FURNISHED AND INSTALLED BY OWNER PROPOSED ALUMINUM FENCING gD ~ V \ AI~gEW G G~1 O rExwr ixmovorexts e ~olarr9 # Designed ACC Revisions TECTONICS ® 0 Sheet 19t1e Project $ 06109 Sheet Number ~~ Architecis~Planners•En ineers ! r ~~~~~~ ~~~ Drflm JB CUP15DR01122/09 9 .~ Bright Horizons rvssvusuxeiw PLAYGROUND PIAN Scflle As Shown ~ 1500 Park Avenue ~ FAxIIY sv AUTioxs vuux uvusw SHEET Of Checked ACC CUPlSDRRESUBMffiAL03/06/09 Emeryville, CA 946°8 Dflte Tel: SIU.74024°0 PRESCHOOL PLAY EQUIPMENT KEYNOTE 8 APOLLO SUN SHADE KEYNOTE 19 TODDLER PLAY EQUIPMENT "FAIRY CASTLEe KEYNOTE 18 "1W0'S" PLAY EQUIPMENT KEYNOTE 20 H _. • :I.K fro+' ~ c- .-. __~_._ . 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DOOR TO REMNN 12 (E) MONUMEM SIGN W/ NEW COPE 13 (E) DOWNSPOUT 14 (N) SIGNAGE - 12" HIGH MAIN CDPY 15 6'H ALUM PICKET FENCE AT PIAYGR0UN0 16 (E) CANOPt' OVER PARKING AREA 17 (N) MUWONS AND GLAZING IN (E} STOREFRONT FRAMING 16 (N} 8"H ADDRESS NUMBERS 19 (N) KNOX BOX ®5'-0" AFF 20 (N) INFll1 D WALL, FlNISH § COLOR TO MATCH ADJ WALL li 21 (N) HM DOOR/FRAME MONUMENT SIGN c u Revieione CUPlSDR 01/2L09 6 r f f~ 1 j i , ~~ r I i =~Y 17-IC ` , I 1'-D"t 6'-0"f 1'-0"} (N) PANEL F_.._._.._.._..-_._...._-..- ... __ (E) FRAME 1~ ! 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PINEAPPLE MINT 24 1 GAL QI JASMINUM POLYANTHEMUM JASMINE VINE 4 1 GAL "' ~ 1®~ RHAMUS ALATERNUS ITALIAN BUCKHORN 18 5 GAL ,11~ COLEDNEMA PULCHRUM PINK BREATH OF HEAVEN 36 5 GAL I ,LEGEND EXISTING TREE ~1^~ ~~µ~ 1 ,... NEW TREE ' i t I I EW SHRUBS OR GROUNDCOVER I o ~ O ~ !~ ~ - iA i i `i ~ c 1 _ I ~ _ i ~ ~` ~~ 1 ' ~ .t i ~~ .. , , J i -~ ~~ 4 I {, l- ~ I 1 E ~! T i ? .~ ~ fi ~. 9 9 ,,. ~ I 11 4 __. 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Goldberg, P.E. Principal Consultant DATE: 24 April 2009 1100 Larkspur Landing Circle #375 ®Larkspur CA 94939 ~ Tel 415 464 0150 ~ Fax 415 4.64 0155 ~ RGDLacoustics.com sl~la~ Bright Horizons Children's Center, Dublin, CA Page 1 Environmental Noise Impact Report 24 April 2009 1. Introduction The proposed project is a new child care center at 7035 Dublin Boulevard in Dublin California. The site is currently occupied by a commercial building and parking lot. The project includes outdoor play areas on the west side of the site. This study estimates the noise levels that would be generated by the use of the outdoor play areas and evaluates the potential for noise impact at the existing single-family homes to the north. The analysis includes ambient noise measurements at the site, noise measurements of a similar childcare facility and comparison of the noise levels with the City of Dublin's noise and land use compatibility standards. 2. Environmental Noise Fundamentals Noise can be defined as unwanted sound. It is commonly measured with an instrument called a sound level meter. The sound level meter captures the sound with a microphone and converts it into a number called a sound level. Sound levels are expressed in units of decibels. To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A-weighting filter is used. A-weighting de-emphasizes low-frequency and very high-frequency sound in a manner similar to human hearing. The use of A-weighting is required by most local General Plans as well as federal and state noise regulations (e.g. Caltrans, EPA, OSHA and HUD). The abbreviation dBA is sometimes used when the A-weighted sound level is reported. Because of the time-varying nature of environmental sound, there are many descriptors that are used to quantify the sound level. Although one individual descriptor alone does not fully describe a particular noise environment, taken together, they can more accurately represent the noise environment. The maximum instantaneous noise level (Lmax) is often used to identify the loudness of a single event such as a car passby or airplane flyover. To express the average noise level the Leq (equivalent noise level) is used. The Leq can be measured over any length of time but is typically reported for periods of 15 minutes to 1 hour. The background noise level (or residual noise level) is the sound level during the quietest moments: It is usually. generated by steady sources such as distant freeway traffic. It can be quantified with a descriptor called the Lgo which is the sound level exceeded 90 percent of the time. To quantify the noise level over a 24-hour period, the Day/Night Average Sound Level. (DNL or Ldp) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the Leq except they include a 10 dB penalty during nighttime hours (and a 5 dB penalty during evening hours in the CNEL) to account for peoples increased sensitivity during these hours. In environmental noise, a change in noise level of 3 dB is considered a just noticeable difference. A 5 dB change is clearly noticeable, but not dramatic. A 10 dB change is perceived as a halving or doubling in loudness. ROSEN GOLDBERG DER & LEWIT2, Inc. 11 OD Larkspur Landing Circle #375 ®Larkspur CA 94939 a Tel 41 5 464 0150 ~ Fax 415 464 O7 SS ~ RGDLacoust.ics.com 5z~ ~ Z, Bright Horizons Children's Center, Dublin, CA Page 2 Environmental Noise Impact Report 24 April 2009 3. Acoustical Criteria 3.1. City of Dublin Genera{ Plan The Noise Element of the City's General Plan has policies regarding noise and land use compatibility. Table 1 provides guidelines far the compatibility of land uses with various noise exposures. The City uses the Community Noise Equivalent Level (CNEL) descriptor. A CNEL of 60 dBA or less is considered normally acceptable for residential land use. It should be noted that the City's compatibility standards are normally intended to be used for traffic and transit noise. Table 1: Land Use Compatibility for Community Noise Environments COMMUNITY NOISE EXPOSURE (d6) Land Use Category Normally Conditionally Normally Clearly Acceptable Acceptable Unacceptable Unacceptable (Noise Insulation) Features Required Residential 60 or less 60.70 70 - 75 Over 75 Motels, hotels 60 or less 60 - 70 70.80 Over 80 Schools, churches, nursing 60 or less 60.70 70 - 80 Over 80 homes Neighborhood parks 60 or less 60.65 65 - 70 Over 70 Offices: retail commercial 70 or less 70 - 75 75.80 Over 80 Industrial 70 or less 70.75 Over 75 Conditionally acceptable exposure requires noise insulation features in building design. Conventio nal construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice. 3.2. City of Dublin Noise Ordinance Chapter 5.28 of the City of Dublin's Municipal Code prohibits "...loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area". The noise ordinance states that it is appropriate to consider the level and character of the noise as well as the level and character of the background noise. Since the City's Noise Ordinance does not contain quantifiable noise level limits, it is not possible to apply the.noise ordinance as a threshold for assessing project generated noise in the context of this noise study. 3.3. State of California's Model Noise Ordinance r Since the City of Dublin does not have a quantitative noise ordinance for regulating noise generating projects, this report considers the noise level ROSEN GOLDBERG DER $~ LEwiTZ, Inc. 1100 Larkspur Landing Circle #375 + Larkspur CA 94939 ~ Tel 415 464 01 54 ~ Fax 415 464 01 SS + RGDLacotastics.com Bright Horizons Children's Center, Dublin, CA Environmental Noise Impact Report ~~i~i Page 3 24 April 2009 standards of the California's Model Noise Ordinance. The Model Noise Ordinance was created by the State Department of Health to provide guidance for communities in California to develop their own noise ordinances. The exterior noise level limits are shown in Table 2. These limits are not to be exceeded at the receiving land use for more than 30 minutes in an hour. This corresponds to the median noise level (L50). The limits are to be adjusted based on the duration of the source, the level of the ambient noise, the character of the sound, and the location of the measurement. Table 2: California Model Noise Ordinance Exterior Noise Limits Noise Level (dBA) Receiving Land Use Cate o Time Period Noise Zone Classification g ry Rural Suburban Suburban Urban il id i l 10 pm - 7 am 40 45 50 One & Two Fam y Res ent a 7 am - 10 pm 50 55 60 Multiple Dwelling Residential 10 pm - 7 am 45 50 55 Public Space 7 am - 10 pm 50 55 60 Limited Commercial 10 pm - 7 am 55 Some Multiple Dwellings 7 am - 10 pm 60 i l 10pm_7am 60 Commerc a 7 am - 10 pm 65 Light Industrial Anytime 70 Heavy Industrial Anytime 75 It should be noted that}the Model Noise Ordinance has not been adopted by the City of Dublin nor is it enforced by the State of California. It is considered a reasonably protective limit and is discussed in this report to provide guidance to the City in reviewing the potential noise impacts of the project. 3.4.Increase in Noise The California Environmental Quality Act Guidelines require the determination of whether a project will generate a substantial increase in noise levels in the project vicinity above levels existing without the project. CEQA does not specify a method for determining when a project would cause a significant increase in noise. Likewise, the City of Dublin does not have criteria for determining when a noise increase is significant. A recent FAA Draft Policy ROSEN GOLDBERG DER & I_Ewl7z, INC. 1100 Larkspur Landing Circle it375 s Larkspur GA 94939 m Te{ 41 S 464 0150 + Fax 415 464 01 SS ~ RGDLacoust.ics.com s~~ ~a ~ Bright Horizons Children's Center, Dublin, CA Page 4 Environmental Noise Impact Report 24 April 2009 discusses screening and impact thresholds for increases in aircraft noise. These thresholds. are used to assess the significance of noise increases due to the project as follows - an increase in CNEL is significant if it is; • 5 dBA or greater and the future CNEL is less than 60 dBA or • 3 dBA or greater and the future CNEL is 60 dBA or greater and less than 65 dBA or • 1.5 dBA or greater and the future CNEL is 65 dBA or greater. 4. Existing Noise Environment To quantify the existing ambient noise levels at the site a series of noise measurements were made at a location near the northwest corner of the site. This location is adjacent to the backyards of the existing homes which front along Maple Drive (see Figure 1). All but one of the nearby homes are one-story. The major source of noise during the ambient measurements was distant traffic on I-580, l-680 and Dublin Boulevard. Table 3 shows the results of the noise measurements from three visits, two on Wednesday 15 April 2009 and one on Friday 17 April 2009. Noise from the Dublin Services District was not a major noise source at the site. There were occasional car or pickup truck movements in the nearby parking lot, but no heavy machinery. A minor source of noise is the automatic gate that separates the Dublin San Ramon Services District from the site's parking lot. Occasionally cars or pickup trucks exit through this gate. The sound of the gate opening and closing generated a maximum noise level of 75 dBA at a distance of 27 feet. Because the cars travelled very close to the sound level meter, these events were excluded from the noise measurement results in Table 3. The CNEL from freeway noise is generally 2 to 3 dBA greater than the Leq during the peak hour therefore; the CNEL at the property line is approximately 60 dBA. Table 3: Ambient Noise Measurement Results r A-Weighted Noise Level, dBA /Ti D t a e me t-ey Lmax L2 t-B t-zs Lso Lso 15-Apr-09 9:18 - 10:18 AM 59 71 61 60 59 58 57 15-Apr-09 12:36-1:36 PM 57 68 62 60 58 56 54 17-Apr-09 12:15 - 1:00 PM 54 66 59 57 54 53 50 tl OSEN GOLDBEP.G DER & LEWITZ, INC. 1100 Larkspur Landing Circle #375 ~ Larkspur CA 94939 ~ Tel 415 464 0150 ~ Fax 415 454 0155 m RGDLacoustics.com 5s ~ ia~ Bright Horizons Children's Center, Dublin, CA Page 5 Environmental Noise Impact Report 24 April 2009 Figure 1: Site Plan and Ambient Noise Measurement Location Two-story - Residnece DSRSD Admin and Corp Yard Toddler Play Area Two's Play Area Pre-School Play Area Automatic l ~ ~ Gale ~\ ~ .. ~ One-Story a ,yea"t. ~ i.~ 7i I. ! l ! ~~ .~ a ~ ~ W , ... o .,~; l; ,-~ =, i a ~ ~.._ ~. . , , 7 :~s2'~ ..~ c 1 1_ "._.. :. ...... _: One-Sto ~ i O ' a ~ ~ Fmblent Residnece t1 ~ ~ x'-a' -. ~'~~ [x Q O . r. ! :iir_ L I 9._c=~ • Noise ~ (el mn~oirK pp ~~ ,~;, ~~aLN alw. , _ ~.>~~ i t~ Measurement z ~ .~ ;' ~, ~~ ~ C i Location @; ~ O 'fl ~ ` OneStory ~~ ~ ~ / =LT1 ^~ ~ Residnec _ ,~kmnucc_,~. ~ rse:nua r~'~~` ~4snw. `s.~,Yj j ..Y_-s~_ I _ nm ` ur // '~ r~~~^ 0 nrmtanr • { ;; i~ ~ ~ t~~p O iisl'~ ~e F'': ~'~ L.~ ~ _ RU1 %. _/ CLARK AVENUE ~ r -_~ 5. Analysis 5.1. Play Yard Noise at a Similar Facility To quantify the noise levels that would be generated by the use of the outdoor play yards, noise measurements were conducted at a similar facility, KinderCare Learning Center at 11925 Amador Valley Court on the morning of Friday, 17 April 2009. The noise measurements were conducted in the parking lot approximately 27 feet from the metal picket fence. There were three play yards in view of the measurement location and the children tended to congregate around tike play structures. The pre-school yard had the most children (up to about 20) and the play structure was 90 feet from the noise measurement location. The toddler and infant yards had about nine children each and were to 115 and 210 feet away, respectively. The noise levels were dominated by the children's voices. Noise data was recorded for a total duration of 70 minutes and the average noise level (Leq) was 59 dBA and the median noise level (L50) was 55 dBA. Typical maximum noise levels from children yelling near the closest play structure were 65 to 70 dBA. The loudest yells generated an Lmax of 78 dBA and were from kids along the fence about 45 feet from the noise measurement location, yelling playfully at a truck driver in the parking lot. The children were soon instructed by the childcare staff to discontinue this activity. ROSEN GOLDBERG DER & LEWITZ, Ir~c. 1100 Larkspur Landing Circle i?375 a Larkspur CA 94939 a Tel 415 464 0150 ~ Fax 415 464 0155 & RGDLacoustics,com Bright Horizons Children's Center, Dublin, CA Environmental Noise Impact Report 5.2. Predicted Play Yard Noise Levels from the Project ~~ ~~. Page 6 24 April 2009 The layout of the proposed play yards at the Bright Horizons facility is shown in Figure 1. According to Bright Horizons the children would use the outdoor play areas in the mornings form 8:30 AM to noon and in the afternoons from 2:30 to 6:00 PM, Monday through Friday. There would typically be 41 children at play atone time but the maximum permitted would be 114 children. Noise levels from the children playing were calculated based on the noise measurements at the KinderCare facility. Adjustments were made for the number of children and the distance between the play areas and the property lines. The results are shown in Table 4. Table 4: Predicted Play Yard Noise Levels Noise Levels (dBA) at Residential Property Line Number of Children in Play Yards at One Time Leq Lso ~-max CNEL Typical 59 55 72 54 41 Children Maximum 64 60 72 58 114 Children There is an existing 5-foot high block wall separating the parking lot and the backyards of the adjacent homes. Since the children heights are generally less than 4 feet, this wall will break the line-of-sight between a person standing in the backyard and the children in the play areas. A solid barrier that breaks the line of the sight between a noise source and receiver provides a noise reduction of at least 5 dBA. In theory, the attenuation of voices would be less when the children are on the 2 to 4 foot high play structure platforms, however observations indicate that relatively few children are on the platforms and the majority of the noise is generated by the children at ground level. Therefore, the noise levels in Table 4 can be reduced by 5 dBA to represent the noise exposure of residences in the backyards. 5.3. Comparison with Acoustical Criteria 5.3.1. City of Dublin General Plan The CNEL at the residential property line from play yard noise will be less than the City's "normally acceptable" compatibility standard of CNEL 60 dBA for both the typical and maximum number of children scenarios. 5.3.2. Increase in Noise The ambient CNEL is approximately 60 dBA at the property line. The addition of the play yard noise will increase the CNEL to 61 or 62 dBA at ROSEN GOLDBERG DER & LEWiTZ, Inc. 1100 Larkspur Landing Circle #375 ®Larkspur CA 94939 ®Tel 415 464 0150 ~ Fax 4'f 5 464 01 SS a RGDLacoustics.com ~,~ ~a- Bright Horizons Children's Center, Dublin, CA Page 7 Environmental Noise Impact Report 24 April 2009 the property line depending on the number of children in the play yards. The increase in noise level of 1 to 2 dBA is less than the threshold of 3 dBA that would be considered significant. With the sound attenuation provided by the existing block wall, the total CNEL in the backyard would be less than 60 dBA. 5.3.3. State of California's Model Noise Ordinance According to Table 2, the daytime noise level limit for suburban single- family areas is a median noise level (L50) of 55 dBA. This limit is to be adjusted based on the duration of the source, the level of the ambient noise, the character of the sound, and the location of the measurement. At times the ambient noise level exceeds this limit, and at other times the ambient is less. Therefore, in order to be conservative this noise analysis does not apply an adjustment to the limit based on the ambient noise level. A 5 dBA reduction in the limit is appropriate because the noise source consists of voices which have a very identifiable character. A 5 dBA increase in the limit is appropriate because the measurement location is on the boundary of residential and commercial land uses. The applicable adjustments cancel each other out and the resulting noise level limit remains an L50 of 55 dBA. The play yard generated noise level in the backyards, including the 5 dBA of attenuation from the existing block wall would be an L50 of 55 dBA with the maximum permitted number of 114 children in the play __ area. This just meets the Model Noise Ordinance limit identified above. The play yard generated noise level in the backyards, with the typical number of 41 children in the play area would be 5 dBA less than the Model Noise Ordinance limit. 6. Conclusions The noise from children using the proposed project's play yards is expected to be within "normally acceptable" levels of the City's General Plan Noise Element guidelines for single-family residential development. With the ambient traffic noise at the site, the play yard noise is not expected to significantly increase the long- term average noise levels at the nearby residences. The play yard noise as received in the backyards of the adjacent homes would comply with the standards of the State of California's Model Noise Ordinance. ROSEN GOLDBERG DER & ~EwiTZ, Inc. 1100 Larkspur Landing Circle #375 ®Larkspur CA 94939 + Tel 415 464 0150 + Fax 415 464 0155 + RGDLacoust.+cs.com Page 1 of 1 Jamie Rojo From:. Jaimee Bourgeois Sent: Wednesday, April 01, 2009 6:20 PM To: Jamie Rojo Cc: Jeff Baker Subject: Bright Horizons Jamie, SB ~ ia~ Based on information already available, I assessed the need for a traffic study for this project. First, I estimated project trip generation using ITE rates; specifically, I calculated net new trips to the roadway network above what the existing use is generating. I estimated that the project will generate about 63 net new peak hour trips. This is below the threshold of 100 peak hour trips that would trigger a CMA-required analysis. As for City requirements, the need for a traffic study for projects generating less than 100 peak hour trips is determined on a case-by-case basis based on project location and characteristics. Using a traffic operations technical aralysis conducted last year at several key intersections in the vicinity of the project, I was able to determine that the contribution of the project traffic to the roadway network would not result in any impacts. Also, there appears to be adequate stacking space in the eastbound left-turn pocket. As such, a traffic study to assess off-site impacts will not be required. I will attend tomorrow's meeting to discuss on-site issues. Jaimee Jaimee Bourgeois, P.E. Senior Civil Engineer {Traffic) City Traffic Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833-6630 5/8/2009 DRAFT DRAFT 5~ ~,~ ~ ~~~, . ~~ ~ Planning Commzsszon Minutes Tuesda Ma 26 2009 y, y , CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, May 26, 2009, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the meeting to order at 7:00 p.m. Present: Chair Wehrenberg; Commissioners Schaub and Brown; Jeri Ram, Community Development Director; Jeff Baker, Acting Planning Manager; Erica Fraser, Senior Planner; Jamie Lynn Rojo, Assistant Planner; and Debra LeClair, Recording Secretary. Absent: Vice Chair King, Cm. Swalwell ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS -The minutes of the May 12, 2009 meeting were continued to the next meeting because there was not a quorum of the Commission as Cm. Brown did not attend the May 12, 2009 meeting and Commissioners King and Swalwell are absent from this meeting. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - Chair Wehrenberg explained the public hearing procedure to the audience and the three minute time limit for individuals who wish to speak regarding the project. 8.1 PA 09-005 Bright Horizons Day Care Center -Conditional Use Permit and Site Development Review. Jamie Lynn Rojo, Assistant Planner presented the project as outlined in the Staff Report. Chair Wehrenberg asked if the walkway from the off-site parking area is on Dublin Blvd. Ms. Rojo pointed out on the drawing the existing walkway that connects the off-site parking to the day care center and stated it is not on Dublin Blvd. Chair Wehrenberg asked if all the landscaping is existing landscaping. Ms. Rojo answered the landscaping will be new except for the landscaping fronting Dublin Blvd. 109 ATTACHMENT 2 DRAFT DRAFT Chair Wehrenberg asked if the surface for the playground structures will be a rubber. ~ ~ /~ Ms. Rojo answered yes; the material is mentioned on the playground site plan and will be a material that is playground appropriate. Cm. Schaub stated he had no comments on the project and complemented Staff on a great Staff Report. Cm. Brown agreed and had no comment. Chair Wehrenberg asked if the consultant compared the decibel noise level for this project with other normal sounds such as an airplane flying over head or a dishwasher running. Jeff Baker, Acting Planning Manager, answered that the City's noise consultant prepared the noise analysis in regard to the General Plan policies for noise and measured it against equivalent levels that are allowed through the General Plan. He continued the noise levels of 60 decibels are generally considered similar to normal talking levels. Chair Wehrenberg agreed and had found the same standards in her research. She wanted to ensure all are using the same standard when identifying decibel levels. Cm. Brown mentioned that the consultant had gone to a similar site to measure decibel levels. Chair Wehrenberg agreed. Chair Wehrenberg opened the public hearing. Steven Geller, Applicant, Bright Horizons, introduced himself and stated that he was present to answer questions. Also in attendance were the construction manager and the local operations manager in charge of the project. Chair Wehrenberg asked about the landscaping that is being added to the site and commented that it was very nice. Mr. Geller agreed and stated that working with the City they agreed to add the new landscaping. Chair Wehrenberg asked if there are Redwood trees adjacent to the concrete block wall. Mr. Geller answered yes. Cm. Schaub mentioned that he visited the Bright Horizons website for information regarding the Applicant and found that they have a large operation. Mr. Geller responded that the organization has approximately 600 centers throughout the country and in Europe. 110 DRAFT ~j DRAFT Chair Wehrenber asked if they currently operate in Dublin. ~ ~ ~ l g I Mr. Geller answered they do not operate in Dublin currently. Chair Wehrenberg asked what other local cities the Applicant operates in. Mr. Geller mentioned several cities in the Bay Area. James Wanberg, resident, spoke in opposition to the project. Mr. Wanberg was concerned with the sidewalk from the off-site parking area to the back of the building and felt that Staff had contradicted herself by saying there would be a sidewalk going through to the back of the building and stated the off-site review shows no such pathway. He continued that someone would have to go out to the street, all the way around to the building. He stated he had read the entire Staff Report and felt the speaker did not know what she was talking about. Mr. Wanberg asked Chair Wehrenberg if she would like him to read from his letter because he did not think he could get through it in the three minutes he was given to speak. Mr. Wanberg was admonished by Chair Wehrenberg to keep his remarks respectful and professional. Mr. Wanberg read from a letter that mentioned his meeting of May 18~ with Chris Foss, Assistant City Manager; Jeri Ram, Community Development Director as well as two Dublin Police Officers. He stated that the Police Officers know him as "the Uzi man." He stated that they discussed his inability to control his anger and his fuse that has come to an end which he felt was obvious. He stated that he has made threats in the past to the ambulance crew behind his home and said, "he hopes he doesri t go postal if this day care center goes in." He stated that one of the Police Officers felt that statement was a threat rather than a very serious warning of his inability to control himself. He continued that he hoped Mr. Foss and Ms. Ram saw the warning signs of the "crazy son-of-a-gun' being located only 60 feet away from the site. He stated he was diagnosed with chronic depression, and medication has not made any difference in the way he feels. He stated he would stop reading his letter because it was a bit too nasty. Mr. Wanberg also read from a letter from his wife, Mrs. Jean Wanberg who was also concerned about traffic, parking and noise generated from the project. She felt that since she works at night her sleep will be interrupted and the day care center will lower the value of their home. Chair Wehrenberg asked to display the aerial photo of the site on the screen for reference. Jack Hudson, resident, spoke in opposition to the project. He was concerned about increased neighborhood traffic, parking and noise generated from the project. He felt there were other vacant buildings in Dublin that would be better suited for this type of business. He agreed there is a need for day care but felt it was not appropriate for this residential area. 111 DRAFT DRAFT~~ Christine Block, resident, spoke in opposition to the project. She was concerned about the 1c~~ notice being sent only 10 days prior to the hearing and requested additional hearings in order to give more residents an opportunity to respond. She stated she is opposed to the request for rezoning for financial and quality of life reasons. She understood the need to help business owners but felt it was equally important to help the homeowners. She was also concerned about traffic impacting the neighborhood, parking and noise generated from the project. Chair Wehrenberg responded to clarify that the project is not a request to rezone the property. She continued that the zoning will remain the same; the request is for a Conditional Use Permit for an allowable use in the area. She explained the Conditional Use Permit process. Ronda Slack, resident, was opposed to the project but did not wish to speak. Melissa Spann, Child Care Links, spoke regarding the need for child care in Dublin. She stated there is a significant need for infant care in the City as well as before and after school care. Chair Wehrenberg asked Mr. Geller to return to the podium to answer questions. Chair Wehrenberg asked the Applicant what attracted them to the site and if they had researched other sites in Dublin. Mr. Geller stated that he was not involved in locating the site. He stated the broker that worked with Bright Horizons is in attendance and can answer questions. Bonnie Henry, Independent Real Estate Broker specializing in preschools, spoke regarding the project. Ms. Henry stated that the Tri-Valley area is extremely popular with many providers. She continued that there are few appropriate sites because of price and available land for playgrounds because the licensing requires a larger outside playground than the building. She stated it was difficult to find an affordable site and felt this site was appropriate. Chair Wehrenberg asked Mr. Geller to confirm the number of children, ages and the application process for their students. She asked if he was aware of the Conditions of Approval. Monica Schmidt, Operations Manager spoke in support of the project and indicated she is aware of the Conditions of Approval. She stated that the school will offer full day care, and part time care would be part week versus half day. Chair Wehrenberg asked what the hours for part time students would be. Ms. Schmidt answered that the students arrive at staggered times. She continued that at full capacity, which will take several years, the early morning drop off would be 10-15 families at between around 6:OOa.m. and 7:30a.m., the bulk of the students come between 7:OOa.m. and 8:30a.m., and then a small group would come later, but generally everyone would be at the school by 10:OOa.m. 112 DRAFT DRAFT Chair Wehrenberg clarified there is a staggered drop off and program and that not all the students have the same schedule. ~~ f a Ms. Schmidt agreed. Chair Wehrenberg asked if the curriculum is organized so that there is play time, story time, nap time, and lunch time, etc. during the standard hours of operation. Ms. Schmidt answered yes. Cm. Schaub asked Ms. Schmidt to restate the arrival times indicating how many children at what times, etc. Ms. Schmidt answered that once the school reaches full capacity, approximately 10-15 children would arrive at opening at 6:OOa.m. to 7:30a.m., and then from 7:30a.m. to approximately 9:OOa.m. the bulk of the children would be dropped off, and then from 9:OOa.m. to 10:OOa.m. there could be approximately another 10-15 families. Chair Wehrenberg stated that the toddlers dori t last very long outside because they get distracted, tired, and hungry. Ms. Schmidt stated that the toddlers are outside for approximately 1/z hour in the morning, and 1/z hour in the afternoon. She also stated that for preschool children there is a maximum of 1 hour in the morning and 1 hour in the afternoon. Chair Wehrenberg restated the Staff Report indicates the times for the outdoor play areas are from 8:30a.m. to noon and 2:30p.m. to 6:OOp.m., Monday through Friday. She asked Ms. Schmidt if the school holds fundraisers or special events that would be at the school in the evenings and/ or weekends. Ms. Schmidt answered the school does not do fundraisers. She stated that the extent of evening activities would be an open house for current families once per quarter and a public open house to attract new families once per year. Chair Wehrenberg asked what the hours would be for those events. Ms. Schmidt answered it would typically be directly after the center closes from 6:OOp.m. to 8:30p.m. in the evening. Cm. Brown asked if the average number of children on the playground would be approximately 41. Ms. Schmidt answered yes because the classrooms are staggered. Cm. Brown asked if the 114 is a maximum number of children. 113 DRAFT Ms. Schmidt answered yes. Chair Wehrenberg closed the public hearing. DRAFT 6y~ ,~,~ Cm. Schaub stated the Planning Commission has approved many day cares and some have had extremely emotional meetings, but after a month's time every one has come back and reported that their fears were unfounded. He did not think noise would be very significant, but traffic is a concern. He stated that there would be approximately 30 cars per every 1/2 hour between 7:30a.m. to 9:OOa.m. He suggested putting a sign on Clark Avenue south that would prohibit right turns between certain hours of the day with a fine imposed. He stated this type of sign worked very well in his own neighborhood. He continued the sign has completely eliminated the traffic that went through his neighborhood. He also suggested that the school ensure that the parents abide by the traffic rules. He felt that the neighborhood's concerns regarding traffic are valid. Cm. Schaub continued that the project is completely appropriate and the Commission was able to make the strict and specific findings, therefore, he is in support of the project. Cm. Brown had no comment and agreed with Cm. Schaub's suggestion regarding prohibiting right turns at certain times of the day. Cm. Schaub stated that the traffic mitigation used in his neighborhood was successful in eliminated the problem. There was a discussion regarding the flow of traffic from Dublin Blvd., Clark Avenue and the nearby neighborhoods. Jeri Ram, Community Development Director, stated that, though the suggestion is well intentioned, there are no Public Works Staff here to provide input as to whether this traffic mitigation would have other inputs. She suggested having the school handout information asking parents not to go through the neighborhood; it should be approved by Staff and then if there is a problem later refer that problem to the City's Traffic Safety Committee. She felt there could be repercussions that have not been considered in regards to circulation. She stated the Commission could put a Condition of Approval on the project to inform parents th at the circulation route to the school is on Dublin Blvd. not through the neighborhood. Cm. Schaub agreed. He continued that the Commission has made decisions on day care centers for 5 years and those decisions are done well and the Commission thinks things through and they are not something that is done quickly but a lot of time and effort is put into the decision. Chair Wehrenberg agreed and stated that day care centers bring out passion with the neighbors but the Commission tries to work through it. She stated that she toured the site, noticed the homes on Maple St. and the traffic there. She thought the restriping and restructuring of the parking lot will help with traffic flow in the area. She also noted that day cares do not reduce property values and that the Conditional Use Permit is only approved for this Applicant. She felt the project is an appropriate use for the area and compatible, she likes the landscaping. b ~ ~~F: ;. 114 D>~FT ~.~ D~~ is i Mr. Baker stated that the Conditional Use Permit would run with the land and if the business ceases operation the CUP would remain valid for one year. On a motion by Cm. Schaub and seconded by Cm. Brown, on a vote of 3-0, with Cm. Swalwell and Cm. King absent, with the addition to the Condition Use Permit to read: "the Applicant shall provide customers znith circulation information to avoid the use of southbound Clark Avenue to access the site and concerns regarding circulation shall be referred to the Traffic Safety Committee" The Planning Commission approved: RESOLUTION NO. 09- 22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE CENTER AT 7035 DUBLIN BOULEVARD AND TO ALLOW OFF-SITE PARKING AT 7051 DUBLIN BOULEVARD (APN 941-0210-025-02) PA 09-005 1 RESOLUTION NO. 09- 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN .APPROVING A SITE DEVELOPMENT REVIEW TO MODIFY AN EXISTING PARKING LOT TO ACCOMMODATE AN OUTDOOR PLAY AREA AND MAKE ASSOCIATED SITE AND EXTERIOR BUILDING IMPROVEMENTS RELATED TO THE OPERATION OF A DAY CARE CENTER AT 7035 DUBLIN BOULEVARD (APN 941-0210-025-02) PA 09-005 Mr. Baker indicated to the attendees that there is a 10 calendar day appeal period in which the Planning Commission's decision can be appealed to the City Council. Chair Wehrenberg called a short recess. 115 ~~ ! ~ ~ RESOLUTION N0.09-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE CENTER AT 7035 DUBLIN BOULEVARD AND TO ALLOW OFF-SITE PARHING AT 7051 DUBLIN BOULEVARD (APN 941-0210-025-02) PA 09-005 WHEREAS, the Applicant, Steven Geller, on behalf of Bright Horizons Family Solutions, has requested a Conditional Use Permit for the following: 1) to operate a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and 2) to allow for up to nine off-site parking spaces at 7051 Dublin Boulevard; and WHEREAS, Bright Horizons Family Solutions proposes to be the sole occupant of an existing 8,846 square foot, single-story office building; and WHEREAS, Section 8.12.050 of the City of Dublin Zoning Ordinance states that a Day Care Center (15+ children) is conditionally permitted in the C-2 (General Commercial) Zoning District with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the project site is located in the C-2 (General Commercial) Zoning District and has a General Plan land use designation of Retail/Office; and WHEREAS, in accordance with the City of Dublin Zoning Ordinance Off-Street Parking and Loading Regulations the proposed Day Care Center requires 43 parking spaces; and WHEREAS, the Applicant proposes to make modifications to the project site to accommodate an outdoor play area to serve the Day Care Center and as a result of those modifications only 34 parking spaces can be provided on-site resulting in a 9 space parking deficiency; and WHEREAS, Section 8.76.OSO.C of the City of Dublin Zoning Ordinance provides that where required parking for a use type cannot be feasibly provided on the same site as an approved use, the Zoning Administrator may allow the required parking to be located on an adjacent parcel pursuant to a Conditional Use Permit subject to all of the following requirements: 1) Conditional Use Permit findings can be made; 2) the most distant parking space from anon-residential use type is not more than 400 feet from the use; 3) additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Director of Community Development are executed to assure that the required parking spaces are provided to the principal use for the life of the documents, covenants, deed restrictions, or .other agreements; 4) the parking lot site is not located in a residential zone unless the principal use requiring the parking is also allowed in a residential zone; and 5) the parking lot site is not within a road easement or private street; and WHEREAS, in accordance with Chapter 8.96 of the City of Dublin Zoning Ordinance, the Zoning Administrator is transferring decision making authority on the request for Off-Site Parking to the Planning Commission because the Planning Commission has decision making authority over the Conditional Use Permit request for the Day Care Center use which the proposed off-site parking would serve; and Attachment 3 ~~ ~a~ WHEREAS, the Applicant has secured through a license agreement with Dublin San Ramon Services District the right to use nine of Dublin San Ramon Services District's parking spaces located adjacent to the project site; and WHEREAS, the most distant off-site parking space is not greater than 400 feet from the project site; and WHEREAS, the Dublin San Ramon Services District parking lot is located in a C-2 General Commercial Zoning District and is not a residential zone nor is the Dublin San Ramon Services District parking lot within a road easement or private street; and WHEREAS, a complete application for the requested Conditional Use Permits was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted a written statement and project plans dated received January 21, 2009 and April 10, 2009; and WHEREAS, the City's Traffic Engineer has reviewed the project and assessed the need for a traffic study and determined that the project's contribution of traffic to the roadway network would not result in any impacts and as such a traffic study to assess off-site impacts was not required; and WHEREAS, a noise study was prepared by Rosen Goldberg Der & Lewitz, Inc., dated April 24, 2009 to assess the potential for noise impacts from children using the proposed outdoor play area and determined that with ambient traffic noise at the site, the noise from the outdoor play area is not expected to significantly increase noise levels at the nearby residences and resulting ambient noise level is expected to remain within the "normally acceptable" levels identified in the City of Dublin General Plan Noise Element; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, based on the whole record, including the project application materials and the Planning Commission Staff Report, the project has been found to be Categorically Exempt from CEQA according to CEQA Guidelines Section 15332, In-Fill Development Projects; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 26, 2009 for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Conditional Use Permit subject to the findings contained herein to allow the operation of a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and to allow for up to nine off- site parking spaces at 7051 Dublin Boulevard; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. 2 ~g i~ ~ NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commissi does hereby make the following Conditional Use Permit findings for the operation of a Day Care Center at 7035 Dublin Boulevard: A. The Day Care Center and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Day Care Center would be located within an existing office building; 2) the existing on and off-site parking would be adequate to serve the proposed Day Care Center; 3) the City's Traffic Engineer has concluded that the anticipated traffic from the Day Care Center onto the existing roadway network would not result in any negative impacts; 4) an acoustical report was prepared and concluded that the anticipated outdoor activities by the Day Care Center is expected to be within the "normally acceptable" levels of the City's General Plan Noise Element guidelines for single-family residences, which is a measurement of 60 decibels or less; and 5) the proposed facility will provide a service to the residents of Dublin as well as employees within the City. B. The proposed Day Care Center will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the Day Care Center will conform to all applicable regulations contained within the Dublin Zoning Ordinance; and 2) as conditioned, the property owner and operator(s) of the facility will be required to minimize noise and other impacts to the adjacent properties. C. The proposed Day Care Center will not be injurious to property or improvements in the neighborhood because: 1) the project will be located on a developed site and the outdoor play area would be located at the western property line enclosed by a six foot fence; 2) Conditions of Approval have been placed on the project to limit the hours of operation of the Day Care Center; and 3) Conditions of Approval have been placed on the project to limit the hours during which children would occupy the outdoor play area as well as to limit the number of children who would occupy the outdoor play area at one time. 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 because: 1) the project is located on a developed site with adequate provisions for public access, water, sanitation, and public utilities and services; 2) access to the Site will be taken off of Clark Avenue, a fully improved road; and 3) there are existing sidewalks to allow for adequate pedestrian access to the Site. E. The proposed Day Care Center site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the project is located on a developed site, generally flat in topography; 2) the existing roadway network leading to the site and the availability of existing on and off-site parking is adequate to serve the proposed use; 3) as conditioned, the facility will operate between the hours of 6 a.m. and 7 p.m., Monday through Friday; and 4) as conditioned, the facility will have no more than 126 children on-site at any one time. F. The proposed Day Care Center will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: 1) the General Plan has designated the site for Retail/Office uses and a Day Care Center is consistent with RetaiUOffice development; and 2) the Dublin Zoning Ordinance provides that a Day Care Center is a Conditional Use in the C-2 (General Commercial) Zoning District in which it 3 ~~~ .r ~~ 4/, is located and is a permitted use when the required findings as stated in Section 8.100.06 of the Dublin Zoning Ordinance can be made. G. The proposed Day Care Center is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the use of the Site is consistent with the Dublin General Plan land use designation of Retail/Office which conditionally permits the use of Day Care Centers; 2) the proposed use is permitted with a Conditional Use Permit and meets the intent of the C-2, General Commercial Zoning District in which it is located; and 3) the Day Care Center will provide a needed service to residents and employees in Dublin. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following Conditional Use Permit findings to allow for up to 9 Off-Site Parking spaces located at 7051 Dublin Boulevard: A. The proposed off-site parking is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the off-site parking is located on an adjacent parcel at 7051 Dublin Boulevard and pedestrian access is provided by a sidewalk that leads directly from the off- site parking spaces to the project site. B. The off-site parking will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the off-site parking is located in a parking lot that has adequate vehicular circulation; 2) pedestrian access to the Day Care Center from the off-site parking is provided by a sidewalk that leads directly to two entrances at the rear of the building; and 3) Dublin San Ramon Services District has met the required parking requirement for their existing use and leasing nine parking spaces would not result in a negative impact to their use or surrounding uses. C. The off-site parking will not be injurious to property or improvements in the neighborhood because: 1) the off-site parking is located on a developed site at 7051 Dublin Boulevard and has been designed to ensure adequate vehicular circulation and pedestrian access to and from the parking lot; and 2) there is sufficient parking remaining for Dublin San Ramon Services District and leasing nine parking spaces would not result in any negative impacts. 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 because: 1) the nine off-site parking spaces can be accessed by a driveway on Dublin Boulevard and there is an adequate path of travel from the off-site parking spaces to the Day Care Center. E. The off-site parking site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the off-site parking is located on a developed site, generally flat in topography; and 2) the existing roadway network leading to the off-site parking and the availability ofoff--site parking is adequate to serve the Day Care Center. F. The off-site parking will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because in accordance with Section 8.76.OSO.C, the following requirements have been met: 1) the Conditional Use Permit Findings can be made; 2) the most distant parking space is not more than 400 feet from the project; 3) a license agreement has been executed between Bert L. Michalczyk of Dublin San Ramon Services District and Ted Babbes of MAC DADDY, LLC to assure that 9 4 ~°~,C~I parking spaces are provided to the Day Care Center for the life of the agreement; 4) the parking lot site where the off-site parking would occur is located at 7051 Dublin Boulevard in a C-2, General Commercial Zoning District and is not a residential zone; and 5) the parking lot site where the off- site parking would occur is located at 7051 Dublin Boulevard and is not within a road easement of a private street. G. The off-site parking is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the off-site parking is consistent with the Dublin General Plan land use designation of Retail/Office in that there are a sufficient amount of parking spaces remaining for Dublin San Ramon Services District and the existing parking provided for this site will not be negatively impacted. BE IT FURTHERED RESOLVED that the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit for the operation of a Day Care Center for up to 126 children and 18 employees at 7035 Dublin Boulevard and a Conditional Use Permit for up to 9 Off-Site Parking for spaces at 7051 Dublin Boulevard, as shown on the written statement and project plans prepared by Tectonics dated received January 21, 2009 and April 10, 2009 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Conditional Use Permit approval is for PL On-going Planning the establishment and operation of a Day Care Center at 7035 Dublin Blvd for up to 126 children and 18 employees and for Off-Site Parking. This approval shall be as generally depicted and indicated on the plans prepared by Tectonics dated received April 10, 2009, on file in the Community Development Department, and other plans, text, and diagrams relating to this permit approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall PL One year from DMC commence within one (1) year of Permit approval or the approval date 8.96.020.D Permit shall lapse and become null and void. Commencement of construction or use means the actual 5 ~~~ jai construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- PL One year from DMC maker may, upon the Applicant's written request for an approval date 8.96.020.E extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4. Modifications. Any modifications to the use or PL On-going DMC conditions of this Conditional Use Permit approval shall 8.100.080 be subject to review and approval by the final decision making body. Minor amendments maybe considered by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 5. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 6. Null and Void. This approval shall become null and PL On-going Planning void in the event that the approved use(s) ceases to operate for a continuous one-year period, after the use commences. 7. Site Development Review. The Applicant and/or PL On-going Planning Property Owner shall also comply with all Conditions of Approval associated with the Site Development Review (PA 09-005) for the building and related site improvements. PROJECT SPECIFIC 8. Hours of Operation. The hours of operation for the PL On-going Planning Day Care Center are 6 a.m. to 7 p.m. Monday through Friday. An increase in the hours of operation shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 9. Number of Children. The Day Care Center is PL On-going Planning approved for up to 126 children. An increase in the number of children shall be subject to prior review and ~~la~ approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 10. Number of Children and Hours in Outdoor Play PL On-going Planning Area. A maximum of 1.14 children shall be allowed at the outdoor play area at any given time. Children shall not occupy the outdoor play area before 8 a.m. or later than 6:00 p.m. An increase in the number of children and hours of the outdoor play area shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 11. Off-Site Parking. The Day Care Center shall provide PL On-going Planning the required number of on-site parking spaces in accordance with the Dublin Municipal Code. A total of 9 Off-Site Parking spaces located at 7051 Dublin Boulevard are required in order to meet the minimum parking requirement for the Day Care Center. The Day Care Center operator shall provide the Community Development Director with a written agreement to utilize the off-site parking spaces for the duration of the Day Care Center operation. In the event that the parking agreement expires, is revoked or lapses, the Day Care Center shall replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. Upon expiration, revocation or lapsing of the agreement, the Applicant or future operator shall immediately notify the Community Development Department and shall provide proof of a new plan for off-site parking, to the satisfaction of the Community Development Director, or in the alternative, shall reduce the occupancy accordingly. 12. Employee Parking. Before utilizing any on-site PL On-going Planning parking spaces, employees shall first utilize the 9 off-site parking spaces located at 7051 Dublin Boulevard until fully occupied in order to allow the maximum number of on-site spaces to be made available for use by patrons of the Day Care Center. 13. Provide Customers With Circulation Information. PL On-going Planning The Applicant shall provide customers with circulation information to avoid the use of southbound Clark Avenue to access the site and concerns regarding circulation shall be referred to the Traffic Safety Committee. 14. Controlling Activities. The Applicant/Developer shall PL On-going Planning control all activities on the project site so as not to create a nuisance to surrounding businesses and residences. 15. Property maintenance. The property owner and/or PL On-going Planning future tenant(s) shall be responsible for maintaining the ~~ ~ I ~ 1 site in a clean and litter free condition at all times. 16. Graffiti. The Applicant/Developer and/or building PL, PO On-going Planning, tenant(s) shall keep the site clear of graffiti vandalism on Police a regular and continuous basis. Graffiti resistant paint for structures and film for windows or glass should be used whenever possible. 17. Signage. All new signage is subject to review and PL, B Ongoing Planning, approval by the City of Dublin and shall conform to Building signage guidelines as established in Chapter 8.84 of the Zoning Ordinance. Proper Building Permits issued by the Building Department shall be obtained. 18. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84.050 shall only be permitted after first securing an approved Temporary Promotional SignBalloon Permit. All Signage on-site shall be subject to the sign requirements contained in the City of Dublin Munici al Code. 19. A-Frame Signs. The use of any A-Frame, portable, PL On-going .DMC sandwich-board, pennants, or human-held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 20. Temporary Structures. The use of any temporary PL On-going DMC structures, such as storage sheds or trailer/container 8.108 units used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 21. Photometric Plan/Parking Lot Lights. The PW, Prior to Various Applicant/Developer shall provide photometric PL, PO issuance of calculation for the existing parking lot and around the Occupancy building that demonstrates a minimum foot-candle Permit(s) lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessary. STAND ARD CONDITIONS 22. Clarifications and Changes to the Conditions. In the PL Through Standard event that there needs to be clarification to these Completion Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Director and placed in the project file. The Director also has the authority to make minor modifications to these Conditions without going to a public hearing in order for the Developer to fulfill the re uirements of the Conditional Use Permit. 23. Hold Harmless/Indemnification. The Developer shall ADM Through Standard defend, indemnify, and hold harmless the City of Dublin Completion and its agents, officers, and employees from any claim, ~~ I~~C action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 24. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable City Building of Dublin Fire Prevention Bureau, Dublin Public Works Permits Department, Dublin Building Division, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall obtain any necessary permits or approvals provide form each such agency or department. 25. Fees. The Developer shall pay all applicable fees in Various Issuance of Standard effect at the time of building permit issuance including, Building but not limited to, Planning fees, Building fees, Dublin Permits and San Ramon Services District fees, Public Facilities fees, Ongoing Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. PASSED, APPROVED AND ADOPTED this 26th day of May 2009 by the following vote: AYES: Wehrenberg, Schaub, Brown NOES: ABSENT: King, Swalwell ABSTAIN: 9 ~~ jai Planning Commission Chair ATTEST: Acting Planning Manager G.•IPA#120091PA 09-005 Bright Horizons Daycare Center CUP SDRIPC 5.26.091PCReso_CUP 5.26.09.doc 10 ~~ ~~~~ `~ RESOLUTION NO. 09-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW TO MODIFY AN EXISTING PARKING LOT TO ACCOMMODATE AN OUTDOOR PLAY AREA AND MAKE ASSOCIATED SITE AND EXTERIOR BUILDING IMPROVEMENTS RELATED TO THE OPERATION OF A DAY CARE CENTER AT 7035 DUBLIN BOULEVARD (APN 941-0210-025-02) PA 09-005 WHEREAS, the Applicant, Steven Geller, on behalf of Bright Horizons Family Solutions, has requested Site Development Review approval to modify an existing parking lot to accommodate an outdoor play area and to make associated site and exterior building improvements related to the operation of a Day Care Center; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of an outdoor play area, modifications to the existing parking lot and exterior building improvements; and WHEREAS, a Site Development Review is required for major site layout modifications including but not limited to a significant increase in paving areas, circulation, lighting fixtures, parking, and landscaping as set forth in Chapter 8.104 Site Development Review of the Zoning Ordinance; and WHEREAS, a Site Development Review is required for minor facade modifications in Commercial Zoning Districts as set forth in Chapter 8.104 Site Development Review of the Zoning Ordinance; and WHEREAS, the project site is located in the C-2 (General Commercial) Zoning District and has a General Plan land use designation of Retail/Office; and WHEREAS, a complete application for a Site Development Review was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted a written statement and project plans dated received by the Planning Division on January 21, 2009 and April 10, 2009; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, based on the whole record, including the project application materials and the Planning Commission staff report, the project has been found to be Categorically Exempt from CEQA according to CEQA Guidelines Section 15332, In-Fill Development Projects; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 26, 2009 for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and ATTACHMN:NT 4 `~~ ~ Ids WHEREAS, a Staff Report was submitted recommending that the Planning Commission conditionally approve a Site Development Review subject to the findings contained herein to modify an existing parking lot to accommodate an outdoor play area and to make associated site and exterior building improvements related to the operation of a Day Care Center; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings for said Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) a condition has been put in place to require the proposed exterior building modifications to be compatible with existing building conditions in terms of color and material in order to preserve the building's architectural character; 2) the proposed landscaping and exterior building modifications provide a visually attractive development that is consistent with the General Plan; and 3) the C-2 District allows for the operation of Day Care Centers as a conditional use and the C-2 District is consistent with the Retail/Office land use designation of the General Plan. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the proposed six foot fence around the play area perimeter complies with all landscaping and fencing regulations as set forth in Chapter 8.72 of the Zoning Ordinance in that it does not exceed the maximum permitted height; 2) the proposed landscaping meets the minimum percentage of landscaped area required for a parking lot as set forth in Chapter 8.76 Off-Street Parking and Loading Regulations; and 3) the parking lot driveways and drive aisles are proposed to be widened and existing angular parking stalls are proposed to be reconfigured to perpendicular parking stalls in order to enhance vehicle circulation and to meet required driveway, drive aisle and parking stall dimensions as set forth in Chapter 8.76 Off-Street Parking and Loading Regulations. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) the project consists of the construction of an outdoor play area and associated site improvements which are designed to ensure the health and safety of persons working in the vicinity in that the proposed six foot fence around the play area perimeter is designed to prevent people from scaling the fence; 2) new evergreen landscaping is proposed to serve as a buffer between the play area and adjacent uses as well as to provide visual enhancement to surrounding properties; and 3) the parking lot design would be reconfigured and the driveways and drive aisles would be widened to facilitate enhanced vehicular circulation. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the parking lot has been designed to improve vehicular access and circulation and would include the widening of existing driveways and drive aisles and to accommodate for perpendicular parking stalls; 2) all fencing has been designed to provide visual surveillance of the outdoor play area; and 3) new landscaping will be planted to enhance the overall appearance of the site as well as to serve as a buffer between the site and adjacent residences. 2 ~~ ~ ia~ E. Impacts to existing slopes and topographic features are addressed because: 1) the site is fully developed, relatively flat, with no significant topographic features; and 2) Conditions of Approval have been applied to the project to ensure that all modifications to the site layout comply with all applicable codes, regulations and requirements. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the outdoor play area has been located in an area that is compatible with the building; 2) the height of the outdoor play area equipment and perimeter fence have been designed to be compatible with surrounding developments; 3) the trash enclosure has been designed to be architecturally compatible with the existing building; and 4) modifications to the building include the addition of windows and doors along the exterior elevations and would be designed to be architecturally consistent to match existing conditions in terms of colors and materials. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) a continuous planting strip of evergreen shrubs and flowering accent plants will be installed to appropriately screen and soften the outdoor play area; and 2) a variety of evergreen trees would be planted along the perimeter of the play area to serve as a buffer between the residences and outdoor play area. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) the existing parking lot would be reconfigured to provide perpendicular parking stalls rather than angular parking stalls to facilitate two-way drive aisles and to improve vehicular circulation and parking; 2) the drive aisles would be widened to accommodate 25 foot drive aisles for enhanced vehicular circulation; and 3) driveways providing access to the Site from Clark Avenue will be widened in order to meet driveway width requirements as set forth in the Zoning Ordinance. BE IT FURTHER RESOLVED that the.Planning Commission of the City of Dublin does hereby conditionally approve a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and to make associated site and exterior building improvements related to the operation of a Day Care Center at 7035 Dublin Boulevard, as shown on the plans prepared by Tectonics dated received April 10, 2009 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. 3 ~~ ~ ~a~ When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENE RAL 1. Approval. This Site Development Review approval is for PL On-going Planning exterior building modifications, the construction of an outdoor play area and associated site improvements for a Day Care Center location at 7035 Dublin Boulevard. This approval shall be as generally depicted and indicated on the plans prepared by Tectonics dated received April 10, 2009, on file in the Community Development Department, and other plans, text, and diagrams relating to this permit approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall commence PL One year DMC within one (1) year of Permit approval or the Permit shall from 8.96.020.D lapse and become null and void. Commencement of approval construction or use means the actual construction or use date pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker PL One year DMC may, upon the Applicant's written request for an extension from 8.96.020.E of approval prior to expiration, and upon the determination approval that any Conditions of Approval remain adequate to assure date that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by the 8.104 Community Development Director if the modifications or changes proposed comply with Chapter 8.104 of the Zoning Ordinance. 5. Permit Validity. This Site Development Review Permit PL On-going DMC approval shall be valid for the remaining life of the 8.96.020.F approved structure so long as the operators of the subject roperty com ly with the roject's conditions of approval. '~, 6. Revocation of Permit. The Site Development Review PL On-going DMC permit approval shall be revocable for cause in accordance 8.96.020.I with Section 8.96.020.I of the Dublin Zoning Ordinance. 8° ~ la l Any violation of the terms or conditions of this permit shall be subject to citation. 7. Conditional Use Permit. The Applicant and/or Property PL On-going Planning Owner shall also comply with all Conditions of Approval associated with the Conditional Use Permit (PA 09-005) for the establishment and operation of the Day Care Center. 8. Clean-up. The Applicant/Developer shall be responsible PL On-going Planning for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 9. Temporary Fencing. Temporary Construction fencing PW, B Through Public shall be installed along perimeter of all work under Completion Works construction to separate the construction operation from and the public. All construction activities shall be confined to Building within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of--way unless approved in advance by the City Engineer/Public Works Director. 10: Property Maintenance. The property owner and/or PL On-going Planning future tenant(s) shall be responsible for maintaining the site in a clean and litter free condition at all times. 11. Graffiti. The Applicant/Developer and/or building PW, PL, On-going Public tenant(s) shall keep the site clear of graffiti vandalism on a PO Works, regular and continuous basis. Graffiti resistant paint for Planning structures and film for windows or glass should be used and whenever possible. Police 12. Temporary Structures. The use of any temporary PL On-going DMC structures, such as storage sheds or trailer/container units 8.108 used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and a proved. 13. Signage. All new signage is subject to review and PL,B On-going Planning, approval by the City of Dublin and shall conform to Building Signage guidelines as established in Chapter 8.84 of the Zoning Ordinance. Proper Building Permits issued by the Building Department shall be obtained. 14. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons shall 8.84.050 only be permitted after first securing an approved Temporary Promotional SignBalloon Permit. All Signage on-site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 15. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. g~ ~ lal 16. Annotated Conditions of Approval. A copy of these PL, B Upon Planning Conditions of Approval shall be submitted with all Application and applications for Building Permits and shall be annotated to fora Building indicate how all Conditions of Approval will be complied Building with and where they are located within the plans. A Permit Building Permit submittal will not be accepted without the annotated conditions. 17. Clarifications and Changes to the Conditions. In the PL, PW Through Planning event that there needs to be clarification to these Completion and Conditions of Approval, the Directors of Community Public Development and Fublic Works have the authority to Works clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 18. Hold Harmless/Indemnification. The Developer shall ADM Through Standard defend, indemnify, and hold harmless the City of Dublin Completion and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 19. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable City of Building Dublin Fire Prevention Bureau, Dublin Public Works Permits Department, Dublin Building Division, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall obtain any necessary permits or approvals provide form each such agency or department. ~a ~ /a ~ 20. Fees. The Developer shall pay all applicable fees in effect Various Issuance of Standard at the time of building permit issuance including, but not Building limited to, Planning fees, Building fees, Dublin San Permits and Ramon Services District fees, Public Facilities fees, Ongoing Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. PLANNING DIVISION.-PROJECT SPECIFIC 21. Door and Windows. All new doors and windows shall PL Final Planning match existing doors and windows in terms of colors, Inspection materials and finishes. and On- going 22. Fence Detail for Outdoor Play Area. The final fence PL, PO Issuance of Planning detail for the outdoor play area shall be generally Building and consistent with the preliminary project plans prepared by Permits Police Tectonics, dated received April 10, 2009, on file in the Community Development Department, unless modified by the Conditions of Approval contained herein. In addition, a vinyl mesh fabric shall be applied to the south and west elevations of the fence. The final design of the fencing and gates shall be subject to review and approval by the Community Development Director. 23. Trash Enclosure/Garbage Area. The final trash PW, PL Prior to ,Public enclosure shall be generally consistent with the issuance of Works preliminary project plans prepared by Tectonics, dated Building and received April 10, 2009, on file in the Community Permit Planning Development Department unless modified by the Conditions of Approval contained herein. The enclosure shall have a roof constructed of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. 24. Equipment Screening. All electrical and/or mechanical PL Through Planning equipment shall be screened from public view. Any roof- Completion/ mounted equipment shall be completely screened from On-going view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. 83~ /a~ 25. Photometric Plan/Parking Lot Lights. The Applicant/ PW, PL, Prior to Public Developer shall provide photometric calculation for the PO issuance of Works, existing parking lot and around the building that Occupancy Planning demonstrates a minimum foot-candle lighting level of not Permit(s) and less than 1.0 at the ground surface for the adjacent parking Police area; if this cannot be verified provide additional lighting where necessary. LANDSCAPING 26. Final Landscape and Irrigation Plans. A Final PL, PW Prior to Planning Landscape and Irrigation Plan prepared and stamped by a approval of and State licensed landscape architect or registered engineer improvemen Public shall be submitted for review and approval by the t plans and Works Community Development Director. The Final Landscape issuance of and Irrigation Plan shall be generally consistent with the Building preliminary landscape plan prepared by Tectonics., dated Permit received April 10, 2009, on file in the Community Development Department, unless modified by the Conditions of Approval contained herein. Landscape and Irrigation Plans shall be submitted at a minimum scale of 1 "=20' and shall be coordinated with on-site civil, streetlights, and utility improvement plans. 27. Landscape and Utilities. Utilities shall be coordinated PL Issuance of Planning with proposed landscaping. The location of utilities shall Building be studied carefully to minimize their visual impact and to Permits provide adequate planting space for trees and for screening shrubs. 28. Landscaping of Trash Enclosure. The Applicant/ PL Issuance of Planning Developer shall screen the walls of the trash enclosure Building with landscape material. The use of shrubs and vines is Permits encouraged. 29. Lighting. The location of trees and light fixtures shall be PL, PW, Issuance of Planning, coordinated to the satisfaction of the Public Works PO Building Public Director, Community Development Director, and Dublin Permits Works Police Services. Lighting used after daylight hours shall be and adequate to provide for security needs. Police 30. Standard Plant Material, Irrigation and Maintenance PL Issuance of Planning Agreement. The Applicant/ Developer shall complete Building and submit to the Dublin Planning Division the Standard Permits Plant Material, Irrigation System and Maintenance Agreement. 31. Maintenance of Landscaping. All on-site landscaping PL On-going Planning shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Applicant/Tenant after City-approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall S~ ~ ~ I require prior review and written approval from the Community Development Director. 32. Installation of Landscaping and Parking Lot PL Occupancy Planning Improvements. All landscaping and parking lot improvements shall be installed prior to occupancy of the buildings. 33. Landscaping at Intersections. Landscaping at PW, PL, Prior to Public intersections shall be such that sight distance is not PO issuance of Works, obstructed for drivers. Except for trees, landscaping shall Occupancy Planning, not be higher than 30 inches above the curb in these areas. Permit Police 34. Landscaping. Landscaping shall be kept at a minimal PO On-going Police height and fullness so that patrol officers and the general public have the ability to survey the area and identify risks. 35. Screening of Backflow Preventer. The backflow PL Final Planning preventer shall be frost bagged with a color to match Inspection landscaping and shall be adequately screened at all times from public view by providing adequate landscaping. PUBLIC WORKS 36. Required Permits. An encroachment permit from the PW Issuance of Public Public Works Department may be required for any work Building Works done within the public right-of--way. Permits and Ongoing 37. Standard Public Works Conditions of Approval. PW Prior to Public Applicant/Developer shall comply with all applicable City approval of Works of Dublin Public Works Standard Conditions of Approval. Improvement In the event of a conflict between the Public Works Plans Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 38. Improvement Agreement and Security. Pursuant to PW Prior to Public §7.16.620 of the Dublin Municipal Code, the Applicant approval of Works shall obtain a Grading/Sitework Permit from the Public Improvement Works Department that governs the installation of Plans required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the Applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 39. Improvement and Grading Plans. All improvement, PW Prior to Public drainage, utility and grading plans submitted to the Public approval of Works Works Department for review/approval shall be prepared Improvement in accordance with the approved CUP/SDR, these Plans Conditions of Approval, and the City of Dublin Municipal ~5~ ~a- Code including Chapter 7.16 (Grading Ordinance). Design plans shall be prepared to engineering scale of 1'=40'. All printing and lettering shall be 1/8" minimum height and such shape and weight as to be readily legible on prints and microfilm reproductions. When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved CUP/SDR, and the .City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the plans. 40. Erosion Control during Construction. Applicant/ PW Prior to Public Developer shall include an Erosion and Sediment Control issuance of Works Plan with the Grading and Improvement Plans for review Grading/Site and approval by the City Engineer and/or Public Works work Permit Director. Said plan shall be designed, implemented, and and During continually maintained pursuant to the City's NPDES Construction permit between October 1St and April 15t" or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. 10 ~~ ~a- 41. Storm Drain Improvements. Applicant/Developer shall PW Prior to Public install new Triton Filters in all on-site catch basins and issuance of Works one on Dublin Boulevard. Occupancy Permit(s) 42. Storm Water Treatment Measures Maintenance PW Prior to Public Agreement. Applicant/Developer shall enter into an issuance of Works agreement with the City of Dublin that guarantees the Occupancy property owner's perpetual maintenance obligation for all Permit(s) storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 43. Vehicle Parking. Applicant shall repair any distressed PW Prior to Public areas of pavement within the existing parking field, then issuance of Works seal and re-stripe the entire parking field. All parking Occupancy spaces shall be double striped using 4" white lines set Permit(s) approximately 2 feet apart according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. Wheel stops as necessary shall be provided at the parking stalls. 44. Driveway. The Applicant/Developer shall upgrade the PW Prior to Public existing driveways at Clark Avenue to conform to current issuance of Works City standard. The Applicant/Developer shall coordinate Occupancy with the adjacent property owner as necessary to install Permit(s) the driveway. 45. Signs and Pavement Markings. The PW Prior to Public Applicant/Developer shall be responsible for the following issuance of Works on-site traffic signs and pavement markings: Occupancy a) Directional pavement arrows in the drive aisles. Permit(s) b) R26F "No Stopping -Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. c) R100B (disabled parking regulations sign) shall be installed at each of the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". d) Handicapped parking signs and legends per State Title 24 requirements. e) The word "Compact" (12" high letters) shall be stenciled on the pavement surface within each compact parking space. 11 ~~ ~p lal f) "No Dumping -Drains to Bay" markers at all storm drain inlets. g) Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 46. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday through Construction Works Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 47. Damage/Repairs. The Applicant/Developer shall be PW Prior to Public responsible for the repair of any damaged pavement, curb issuance of Works & gutter, sidewalk, or other public street facility resulting Occupancy from construction activities associated with the Permit development of the project. 48. Geographic Information System. The Applicant/ PW Prior to Public Developer shall provide a digital vectorized file of the issuance of Works "master" files on floppy or CD of the Improvement Plans Occupancy to the Public Works Department and DSRSD. Digital Permit raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 49. Public Improvements. All public improvements PW Prior to Public constructed by Developer and to be dedicated to the City issuance of Works are hereby identified as "public works" under Labor Code Occupancy section 1771 unless the Public Works Director specifically Permit determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 50. Parking Prohibitions/Restrictions. Vehicle parking PW On-going Public shall be prohibited/restricted in the following locations: Works a) Parking shall be prohibited along west side of Clark Avenue in between Dublin Boulevard and the first private access driveway. This parking prohibition shall be indicated with red-painted curbs, and with R26F "No Stopping -Fire Lane" 12 ~~ ~a i signs installed at a spacing not to exceed 200'. b) Parking shall be prohibited along the east side of Clark Avenue adjacent to both private driveway entrances (approximately 20' length). This '~ parking prohibition shall be indicated red-painted curbs, and with 1Z26F "No Stopping -Fire Lane" sign. BUILD ING DIVISION. 51. Building Codes and Ordinances. All project B Completion Building construction shall conform to all building codes and ordinances in effect at the time of building ermit. 52. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for plan check. Permit Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 53. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permit conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 54. Addressing. Address will be required on all doors B Prior to Building leading to the exterior of the building. Addresses shall be Occupancy illuminated and be able to be seen from the street, 5 inches in height minimum. 55. Engineer Observation. The Engineer of record shall be B Prior to Building retained to provide observation services for all Frame components of the lateral and vertical design of the Inspection building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 56. Air Conditioning Units. Air conditioning units and B Prior to Building ventilation ducts shall be screened from public view with Occupancy materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials to be approved by the Building Official and Director of Community Develo ment. 13 9~j ~p~aI 57. Change of Occupancy Permit required. As per section B Issuance of CA 3406 of the CA Building Code, a change of occupancy Building Building requires the building to meet the requirements of a new Permit Code building for the proposed occupancy type. This may Section require upgrades to the structural systems. The building 3406 and will be required to meet accessible codes as listed in Chapter Chapter 11B of the California Building Code. Afire 11B sprinkler system is required. FIRE PREVENTION 58. Compliance With All Applicable Building and Fire F Completion .Fire Codes. The project shall comply with the applicable Building and Fire Codes. Site and Building plans shall be provided for review and approval by Dublin Fire Prevention. 59. Automatic Fire Alarm System. Manual and automatic F Completion 2007 CFC fire alarm systems shall be installed. 907.2.3 60. Automatic Fire Sprinkler System. Automatic fire F Completion DMC sprinkler systems shall be installed. 903.2.2 61. Means of Egress Illumination. Installation of means of F Completion 2007 CFC egress illumination shall be required. 1006 62. Access Controlled Egress Doors. Should access F Completion Fire controlled egress doors be part of plan, said doors shall comply with Section 1008.1.3.4 of the 2007 California Fire Code. 63. Door Operation. Door operation shall comply with the F Completion 2007 CFC Section 1008.1.8 of the 2007 California Fire Code. 1008.1.8 64. Door Hardware. Door hardware type and operation shall F Completion 2007 CFC meet the requirements for locks & latches. 1008.1.8.3 65. Exit Signs. Exit signs shall be installed in accordance F Completion 2007 CFC with Section 1011 of the 2007 California Fire Code. 1011 66. Exit Corridors. Exit corridors shall meet fire resistant F Completion 2007 CFC construction requirements. 1017 67. FIRE ACCESS DURING CONSTRUCTION F Completion Fire Fire Access. Access roads, turnarounds, pullouts, and fire operation areas are Fire Lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to combustible construction commencing. Fire Lane. Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road 14 ~o ~,~~ surface, bridges/crossings, and gates/key-switch shall be required within 150-ft. distance to the Fire Lane. Personnel Access. Personnel access shall be located to furthermost portion of the exterior wall with consideration to route width, slope, surface and obstructions. 68. Existing Fire Sprinkler Systems - Modifications. F Issuance of 2007 CFC Sprinkler system shall be modified as necessary to provide Building 901.5 protection for all tenant improvements. Permit, a) Sprinkler Plans. Submit detailed mechanical drawings Final of all sprinkler modifications, including cut sheets, Inspection listing sheets and calculations to Dublin Fire Prevention for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. b) Five-Year Certification. If the existing fire sprinkler system does not have a current 5-Year Certification, such will need to be obtained and all deficiencies corrected prior to project final. If it has a current 5- year Certification, copies of the last 4 quarterly reports will need to be provided to the Fire Inspector prior to final for review. 69. Monitoring Requirements for Existing Fire Sprinkler F Completion Fire Systems. a) Central Station Monitored Account. Automatic fire extinguishing systems within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to Dublin Fire Prevention for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. b) Monitoring System Plans (Deferred Submittal Item). If it is necessary to install a fire alarm monitoring system or modify an existing system in order to obtain a Certificated or Placarded account, plans and specifications shall be submitted to Dublin Fire Prevention for review and approval of the installation or modifications. c) Fire sprinkler system shall have an audible alarm in each suite served by the fire sprinkler system. 2002 NFPA 13 section 6.9.1 & 2007 CFC 903.4.1. 15 9l~ ~a1 70. FD Building Key BoxBuilding Access. A Fire F Completion CFC Department Key Box shall be installed at the main 506 entrance to the Building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. The inspector will then lock the keys into the box. 71. Gate Approvals. Fencing and gates that cross pedestrian F Issuance of CFC access and exit paths as well as vehicle entrance and exit Building 501.3 roads need to be approved for fire department access and Permits egress as well as exiting provisions where such is applicable. Plans need to be submitted that clearly show the fencing and gates and details of such. This should be clearly incorporated as part of the site plan with details provided as necessary. 72. Interior Finish. Wall and ceiling interior finish material F Completion CFC shall meet the requirements of Chapter 8 of the California 803 Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut- sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. 73. Addressing. Addressing shall be illuminated or in an F Completion CFC illuminated area. The address characters shall be 505, contrasting to their background. If address is placed on 408.11.2 glass, the numbers shall be on the exterior of the glass and DMC a contrasting background placed behind the numbers. 7.08.040 Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Rear Doors. The address shall also be provided on any rear doors to the tenant space with minimum 5-inch high characters. Entrance Posting. Where the addressing on the building will not be clearly visible from either direction of travel along the access road the address references. Address posting shall also be provided at the entrance to the property. The address size shall be 5-inches high and should be on a reflective background. 16 ~~ idi 74. Automatic Shut Offs for Ducts. Air moving systems F Comple ion 2007 CMC supplying air in excess of 2,000 cubic feet per minute to Section 609 enclosed spaces within buildings shall be equipped with & 2007 an automatic shutoff. Automatic shutoff shall be CFC 907.12 accomplished by interrupting the power source of the air moving equipment upon detection of smoke in the main supply air duct served by such equipment. Smoke detectors shall be labeled by an approved agency approved and listed by California State Fire Marshal for air duct installation and shall be installed in accordance with the manufacturer's approved installation instructions. 75. General Inspection. Upon inspection of the work for F Completion CFC which this submittal was provided, a general inspection of 301.1 the business and site will be conducted. POLICE 76. Non-Residential Security Ordinance Requirements. PO On-going Police The Applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. In particular, see the code sections with respect to interior lighting. (Security/Emergency lighting maybe installed in lieu of modifying the accessibility of light switches.) 77. Emergency Response Card. The Applicant shall PO Prior to Police complete a "Business Site Emergency Response Card" Occupancy and deliver it to the Police Department prior to occupancy. 78. Identification of Doors. All doors shall be identified PO Prior to Police inside and outside as to their respective purposes (e.g., Occupancy "classroom A", or "Exit Only"). Placard signs or vinyl lettering maybe used. 79. Facility Diagram. 'There shall be displayed in the lobby, PO Prior to Police a diagram of the interior of the facility identifying each Occupancy room. 80. State Licensing. The Applicant must be licensed and PO Prior to Police comply with all State of California Community Care Occupancy Licensing (CCL) requirements. and On- Going 81. City of Dublin Business License. The Applicant must PO Prior to Police apply for a City of Dublin Business License. A copy of Occupancy the approved State of California Community Care license must be submitted. UBLIN SAN RAMON SERVICES DISTRICT DSRSD 82. Standard Conditions. Applicant/Developer shall comply DSR Through DSRSD with all applicable Standard Conditions as required by Construction Dublin San Ramon Services District. 17 93 ~~a I PASSED, APPROVED AND ADOPTED this 26t" day of May 2009 by the following vote: AYES: Wehrenberg, Schaub, Brown NOES: ABSENT: King, Swalwell ABSTAIN: ATTEST: Acting Planning Manager Planning Commission Chair G: IPA#120091PA 09-005 Bright Horizons Daycare Center CUP SDRIPC 5.26.091PCRESO SDR 05.26.09.doc 18 ~ ~. ~ ~a~ R~C~f~'~® ~lTY OF ®U~Li~B City Clerk City of Dublin ,j~N - 3 2009 100 Civic Plaza Dublin, CA 94568 ~~~ it~ANAGE~'S ®FFIC~ RE: PA 09-005 BRIGHT HORIZONS DAY CARE CENTER We the undersigned residents and/or homeowners of Ebensburg Lane and Maple Drive wish to appeal the Planning Committee decision made on May 26, 2009 with regard to the above referenced prof ect. Our appeal is based on the following issues: Failure by the Committee to exercise Due diligence 1~ • City Staff and Planning Commission failed to exercise due diligence in notifying impacted neighbors and members of the community nor did they allow ample time for residents or members of the community to review the report. 2~ • Only 42 postcards were mailed to neazby residents on or after May 15, 2009 even though many more will be affected by the daycare center. Futhermore, we are only aware of three residents who received notification. 3~ • The Staff Report did not become available until the Friday, May 22, 2009 and Monday, May 25, 2009 was a holiday. Therefore there was not ample time for residents to review the report and make an informed decision. ~~ • Staff did not present a full and accurate report to the committee or affected residents. It was inaccurate, misleading and incomplete. ~j~ • The staff report did not consider or address some key issues as outlined in this appeal. Noise Impact ~ ~ • The increased noise from over 300 vehicles per day and 126 children will impact the immediate homes in the neighborhood and will greatly affect our quality of life. The City of Dublin's Municipal Code prohibits "..loud or disturbing, or unnecessary or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person or normal sensitivity present in the area. " The report states that normally acceptable Community Noise Exposure for residential azeas should be 60dBA or less. 2~ • The ambient noise levels at the site was mainly from traffic from the Dublin Boulevard, I-580 and I-680 and it reached levels as high as 71 dBA and the electric gate at D.S.R.S.D. generated 75 dBA. The ambient noise level in our ATTACHMENT 5 ~~ dal neighborhood is already in excess of normally acceptable levels. Adding up to 115 children in a playground located within 27 feet of homes will certainly push this level well beyond acceptable levels and therefore in violation of the City of Dublin's Municipal Code. 3~ • The noise impact report based the increased noise level on a daycare center with "up to about 20"children and the play structures were 90 feet from the noise measurement location. Even with this scenario, the noise levels reached 78 dBA from children playing 45 feet from the noise measurement location. A report based on "up to about 20"children playing 45 feet from the noise measurement location is not an accurate analysis of up to 115 children playing within 27 feet of yards and bedroom windows of nearby residents. ~-~ • The report continues to say "in order to be conservative this noise analysis does not apply an adjustment to the limit..." We do not want a "conservative" analysis, we need a factual and accurate analysis. However; with the ambient traffic noise already exceeding the "normally accepted levels" the addition of 114 children playing, screaming, yelling and crying and over 300 additional cars coming and going everyday will only add to the decibel level. Traffic Impact• ~} • An actual traffic impact report was not prepared or provided to the Committee or citizens in attendance. We request that such a study and report be made available to the residents and the City Council before a final vote is taken. 2) • The only "traffic report" is an email for Jamie Bourgeois dated April 1, 2009. (Attachment 6 of the report) It is one paragraph long. In this paragraph, he states that. he "estimates 63 new peak hour trips". This is inaccurate. Based on the number of projected students (126) and staff (18) who will come and go twice in the morning and twice in the evening, the projected number of vehicles will be in excess 144 cars every morning and every evening during peak commute time down Dublin Boulevard. The City requirements are that if there will be more than 100 peak hour trips it is required that there be a CMA analysis.• 3~ . From the corner of Dublin Blvd to the driveway on Clarke Avenue is approximately 311 feet. Our calculations conservatively estimate and additional 65 cars arriving every hour between lam and gam and then leaving again and approximately another 65 cars every hour between 4:30pm and 6:30pm which ---calculates out to approximately 1.2 cars every minute during this 2 hour period coming and 1.2 cars every minute during this two hour period leaving. This does not include the normal high volume of traffic entering and exiting the neighborhood on Clarke Avenue tv get to Wells Middle School, Valley High School and other locations during these same hours. However, it is reasonable to conclude that adding this large volume of cars to this short city street will back up traffic onto Maple Drive and Ebensburg Lane as well as Dublin Boulevard causing serious traffic issues, additional noise issues and safety issues. . -}~ • Since Clark Avenue is the main access to our neighbors we also have concerns about the ability of emergency vehicles to access our homes during periods of 2 ~~ ~, a~ heavy traffic on Clazke Avenue. A short time back, there was a home fire on Ebensburg Lane. Even though it was in the middle of the night, it was necessary for many residents to move their vehicles off the street so that emergency vehicles could get through. We request a safety report from fire, police and ambulance officials as to what delays would be caused by having 144 cazs accessing Clarke Avenue during any peak period. 5~ • In a recent police operation located on Ebensburg Lane and Maple Drive, officers cited over 15 drivers an hour for going through the stop signs located at Maple/Ebensburg and Clarke Avenue. This has been a longtime, on-going problem that was much worse when East Dublin pazents came through Clarke Avenue to get to Wells Middle School. The problem decreased dramatically when Fallon School opened. However, the police continue to cite an average of 15 people per hour at this intersection when they are patrolling it. This poses a danger to other vehicles and pedestrians and the problem is certain to increase with 144 cars attempting to access the school during peak hours and parents running late for work, inpatient with waiting in traffic and other such excuses given by those already cited. Property Values ~~ • .We are prepared to present actual comparable home values from reputable local realtors that will show that homes within a certain range of daycaze centers see dramatic reductions in home values (up to ZO%)as well as lose their ability to sale in the best of mazkets. We feel the Committee did not take this into consideration prior to the meeting or even take the time to consider it once it was brought up in the meeting on May 26, 2009 by those in attendance. Parkin: ~~ • There are insufficient parking spaces for the number of cazs/families that will be accessing the center during normal center hours let alone after hour uses. An official from Bright Horizons Day Caze acknowledged that there would be multiple events in the evenings through the year for the community and family members to attend, including but not limited to quarterly "Open Houses", Back to School night, Holiday events, Graduation and the like. Based on the projected number of students and assuming not all families will azrive in one caz (due to multiple sets of pazents, extended family in attendance, members of the community who are not enrolled members but attend the event, etc) the number'of vehicles accessing the center will far exceed 144 cars for the populaz events. We have to ask, where will they park? Since the parking lot will have 27 spots, 9 of which will be taken by staff (and the other 9 staff will presumably pazk of-site), that leaves 18 spots. And, Clazke Avenue will have the curbs painted red thus prohibiting parking along the curbside. So, one must assume the remaining 126 cazs will attempt to park on Ebensburg Lane and Maple Drive which will have a negative impact on the residents and homeowners of these streets and our guests. And, again, we must consider the ability for emergency vehicles to access our homes in an emergency. We the undersigned residents of Ecco Park Neighborhood believe that The City of Dublin and it's governing body needs to help homeowners preserve and improve 3 q7 ~a~ home values whenever possible., not destroy them for the benefit of a corporation and their for profit entity. Converting a small business office to a large daycare center for a corporate business located in Massachusetts to the detriment of longtime homeowners of Ebensburg Lane and Maple Drive is irresponsible and unconscionable. There are ample, more suitable locations throughout Dublin for a daycare center of this size and nature. It was disclosed at and after the meeting, that no other locations were considered as the price for 7035 Dublin Boulevard was below market price which made it attractive to the out of state corporation seeking to make a profit on this deal. Why is the Planning Commission and City of Dublin so anxious to help a Massachusetts corporation seek and secure profits at the expense of longtime Dublin residents and homeowners? We respectfully appeal the decision of the Planning Committee and request a hearing before the council. Furthermore, we request an actual traffic study be conducted as well as an emergency vehicle access study. 4 9~~,d~ Respectfully subnu~ed, ~- ~ S ~s~, ~,.. ~ ~~~ ~~' ~ httir ~ ~ Yz- ~* ~~~ ~ ~~``' ~ ~ 9~,~ -~ ~~ .~ ~~~f ~~,~~ --- ~~ ~ ~~ s~~ 1-. ~~~ I ~~,--- a ~~ _ ~~~_-=- ~n ,!~lC~ ~~~ . ~r ; ~ ~Qt ~. ~. ~~' 1~ ~ ~ ~~ ~ ~~~ l~ ~' ~ G ~~~~ U ~ ~lc~~ f' ', ,~ ~ ~. ,1 ~ T' (.~ 7 DES {~.,v'~~ t,,~ f/ ~ ~j ~ tv S ~~~~ ~~~ ~..~ ~-p'tr~'C ~~ ~~ /~~ _ '~ / ~ ~; ~, ~/ 7r7g- ~~ c~-7 ~~z~ ~--~~e-~z.~~cc.-,~-~ .~r~_ ,; ~l ~ ~`~-;C~ ~~~ ~~ ~~, ~ ~~1 ~~ r h ~/ . ~~ U !J ,. a l~ /~%~/I o~iti ~ Jae ~~v~ ~i~o~ P~k~ ~~~- l vim;-l~a~~~ ~?,~ ,~ ~~~ .~ Ste- ~~- ~~1~ ~~~tJ~~~i~ ~~ ~~ ../~ ~~ ~~ ~ ~'. ~'r~~zU~ r .S~c 5~c ~ /~'IO YYi ~~ /~ ~ 1 ~ ~f ~~~ 7~~~~~~~ n~ -~r~ , e.,~- 7(~~ ~ ~ r . ~~~~ ~ c.~ J 4, ~d ~ ~S -e•~ y i~~ia~ ~ ~ ~ ~ ~~~/~ Q~;v~ f~,~ , ~~ r1 C fq- ~ yf~ 7 Q ~i ~ ~ ~'~ e C~ ` o~ ~ ~~ o rR S es/~ ~~b~~~ , ~ Sys 6 ~ 1)~~li~~ C l9- ~ls ~~" J l~~ N ~(~ YY'1 S ~^- ~ ~ b S 7 ~vE.l~ 1'v. ~/ ~~~r~ Dr ~~~l~r~ ~ ~~~~~ ~~~~~~ , ~ 95~~~~ l ~ /~ ~~ 1 ~ ~. S ~ ~ ~.~ ~~w ~~A ~~l~8 ~__ ~!~~,,/ ~~~,~-u ~~~Y~Z~ c~~r-, j ~~,c, c, 03.77 E,~c~s`,G C./l~ D~~~~~n C~ 9ys~ ~ ~ ~ -o ~ ~' ~a~ ~~ ~ n ~%~ ~+k~ ~S C~~~/7 ~t3_~~,5 b v ~-~ Irv ~O~ ~ ~x~~~D~,~ ~ 76 a ~~e.US.rS~~ ~ ~~ J o ~~ 0 ,.~ d ~~ a r "" ~ r ~~ ri ~~---~~ "" ~. - ~ ~.~-- ~' C(~ ~ 5 8 ~~~~ ~~~ ~~ DATE: TO: FROM: SUBJECT: Community Development Department Planning Division MEMORANDUM June 26, 2009 City Council Mamie R. Waffle, Senior Planner 1 ~ ~. I~ .~ Response to Appeal Letter dated June 3, 2009 RE: PA 09-005, Bright Horizons Day Care Center Conditional Use Permit and Site Development Review On May 26, 2009 the City of Dublin Planning Commission adopted Resolutions 09-22 and 09-23 approving a Conditional Use Permit for a Day Care Center and Off-Site Parking and a Site Development Review for modifications to the building and site layout at 7035 Dublin Boulevard. The Planning Commission's decision was appealed on June 3, 2009 and the appeal has been scheduled to be heard by the City Council at the July 7, 2009 City Council meeting. The June 3, 2009 Appeal Letter was prepared and signed by a group of surrounding residents and raises the following concerns regarding the Bright Horizons project: failure by City Staff and the Planning Commission to exercise due diligence; noise impacts; traffic impacts; property values; and, parking. A summary of these concerns and Staff's responses to them are outlined in the City Council Agenda Statement dated July 7, 2009. This memorandum has been prepared to provide a more detailed response to each of the comments presented in the Appeal Letter. Each of the comments presented in the Appeal Letter are restated below and include a corresponding response by Staff. Comments related to traffic have been addressed by the City's Traffic Engineer in a separate memorandum dated June 18, 2009. Due Diligence 1) Appellants Comment: City Staff and Planning Commission failed to exercise due diligence in notifying impacted neighbors and members of the community nor did they allow ample time for residents or members of the community to review the report. Staff Response: As noted on page 9 of the Planning Commission Agenda Statement dated May 26, 2009 (see Attachment 1, City Council Agenda Statement dated July 7, 2009) in accordance with State law, a Public Notice was mailed to all commercial and residential property owners and occupants/residents within 300 feet of the Project to notify them of the Public Hearing scheduled for May 26, 2009 to review the Project. The Public Notice was mailed 10 days in advance of the Public Hearing as required by State Law. In accordance with City policy, Proof of Service by Mail was executed on May 15, 2009 attesting under the penalty of perjury that the Public Notices were placed in the United States Mail on May 15, 2009. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. 1 of 9 ATTACHMENT 6 ~°~~ dal A total of 58 residential homes are located within 300 feet of the Day Care Center project; Public Notices were mailed to each residence. Where the property owner of record has an alternate mailing address on record, a Public Notice was mailed to the property owner at the alternate mailing address and to the Occupant at the site address. The United States Postal Service will return to the City any Public Notice that could not be delivered with a reason for non-delivery. Two of the Public Notices mailed to residences or residential property owners of record were returned to the City; both were returned with a notation from the United States Postal Service that the homes are vacant with no forwarding address on file. Both residences have an alternate mailing address on file and a Public Notice was sent to the property owner of record. The Staff Report that was prepared for the May 26, 2009 Planning Commission meeting was delivered to the Planning Commission on Thursday, May 21St and was posted to the City's website on Friday, May 22°d in accordance with City policy and as stated in the Public Notice. Copies of the Staff Report were also made available to the Public at City Hall on the Friday prior to the scheduled meeting. 2} Appellants Comment: Only 42 postcards were mailed to nearby residents on or after May I5, 2009 even though many more will be affected by the daycare center. Furthermore, we are only aware of three residents who received notification. Staff Response: As noted above, Public Notices were mailed to surrounding residences and residential property owners of record within 300 feet of the Day Care Center project. Only two of the Public Notices sent to residences were returned due to the homes being vacant and no forwarding address being on file. The Public Notice was also published in the Valley Times on May 16, 2009 and posted at several locations throughout the City. In accordance with City policy, Proof of Publication was provided to the City by the Valley Times and is contained in the Project file. 3} Appellants Comment: The Staff Report did not become available until Friday, May 22, 2009 and Monday, May 25, 2009 was a holiday. Therefore there was not ample time for residents to review the report and make an informed decision. Staff Response: The Public Notices, which are mailed 10 days in advance of a public hearing, include information as to when the Staff Report will become available which is typically the Friday prior to the public hearing. It is City policy that the Staff Report not be released to the Applicant or the general public until being delivered first to the Planning Commission. The Staff Report was delivered to the Planning Commission and was subsequently posted to the City's website and a copy made available to the public at City Hall in accordance with City policy and practice. 4) Appellants Comment: Staff did not present a full and accurate report to the committee or affected residents. It was inaccurate, misleading and incomplete. Staff Response: Staff is unable to respond to this comment as it does not provide specific information as to what was inaccurate, misleading or incomplete. 5) Appellants Comment: The staff report did not consider or address some key issues as outlined in this appeal. Staff Response: A response to each issue raised in the appeal is provided below. 2of9 Noise Impacts ~°~~" lal 1) Appellants Comment: The increased noise from over 300 vehicles per day and 126 children will impact the immediate homes in the neighborhood and will greatly affect our quality of life. The City of Dublin's Municipal Code prohibits "...loud or disturbing, or unnecessary or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person or normal sensitivity present in the area. " The report states that normally acceptable Community Noise Exposure for residential areas should be 60dBA or less. Staff Response: Traffic noise is the primary source of noise throughout the City of Dublin and traffic along Dublin Boulevard, I-580 and I-680 are the major contributors to noise at the Day Care Center project site. The Noise Element of the Dublin General Plan sets forth the acceptable and unacceptable noise levels for a variety of land uses within the community. Noise levels are based on a decibel (dB) reading which is a measurement of the intensity or loudness of a sound. A noise exposure level of 60- 70 dB is considered "Normally Acceptable" for schools; a Day Care Center is a comparable use and would also fall into this noise element land use category. A noise exposure level of 70 dB or less is considered "Normally Acceptable" for Office uses which was the previous use of the Project site; 60dB or less is considered "Normally Acceptable" for Residential land uses. A Noise Study was prepared by Rosen Goldberg Der Lewitz Inc to analyze the potential noise effects of the proposed outdoor play area on the existing adjacent residences. The study analyzed the existing noise environment on the Project site. Noise measurements were taken on the Project site at a location immediately adjacent to the nearest residential properties on Maple Drive (see Figure 1 below). The noise level at this location on the Project site was approximately 60dB and was attributed to traffic noise. Between where the noise measurement was taken on the Project site and the adjacent residential properties on Maple Drive is a 5-foot masonry block wall which provides sound attenuation between the Day Care Center site and the adjacent residential properties. The Noise Study estimates a 5 dB reduction in noise levels in the backyards of adjacent residences due to the existence of this wall. With the addition of up to 114 children within the outdoor play areas associated with the Day Care Center, there would be an approximate 1-2 dB increase in noise levels. This estimated increase is based on noise readings taken from the play area of the KinderCare Day Care Center in Dublin and adjusted to take into account the number of children who would be within the Bright Horizons play area and the distance between the Bright Horizons play areas and the property line adjacent to the residential properties. As noted above, the existing 5-foot masonry wall that separates the Project site from the adjacent residential properties on Maple Drive would provide an approximate 5 dB reduction in noise levels resulting in a noise exposure level that is within the "Normally Acceptable" range of 60 dB or less for residential uses. The City of Dublin also has a Noise Ordinance contained in the Dublin Municipal Code. The City's Noise Ordinance prohibits loud or disturbing noise but does not quantify levels of permissible noise. Thus, it is not possible to apply the Noise Ordinance as a threshold for assessing Project generated noise. In order to provide a quantitative analysis, the Noise Study analyzed the Project based on the State Department of Health Model Noise Ordinance. As noted in the study, the City has not adopted the Model Ordinance; however, the Model Noise Ordinance provides standards that can be used as the basis for quantitative analysis. The Noise Study concludes that the Project would not exceed the Model Ordinance noise standards even with all 114 children playing outside. 3 of 9 Figure 1. Noise Measurement Location at Day Care Center DSRSD b P~ ~_ .~ A a: c~ w' 0 w 5-foot masonry wall The Noise Study provided a quantified analysis to show that the Project complies with the Dublin General Plan Noise Element. As noted above, the Noise Study determined that noise generated from the Project would not exceed the "Normally Acceptable" noise levels of 60 dB for residential land uses. The Noise Study also shows that the ambient noise increase from the Project will be minimal, especially since the residences are separated from the Project by a solid masonry wall. 2) Appellants Comment: The ambient noise levels at the site was mainly from traffic from Dublin Boulevard, I-580 and I-680 and it reached levels as high as 71 dBA and the electric gate at D.S.R.S.D. generated 75 dBA. The ambient noise level in our neighborhood is already in excess of normally acceptable levels. Adding up to 115 children in a playground located within 27 feet of homes will certainly push this level well beyond acceptable levels and therefore in violation of the City of Dublin's Municipal Code. Staff Response: The Noise Study examined the potential effect of the Project on ambient noise. As noted above, ambient noise levels at the Day Care Center site were approximately 60 dB CNEL and were attributed to traffic along Dublin Boulevard, I-580 and I-680. The Noise Study states that during peak commute hours, traffic noise is higher and during non-commute hours traffic noise is lower. When averaged over the course of a day, the noise levels do not exceed the "Normally Acceptable" standard of 60 dB CNEL for residential areas as set forth in the Dublin General Plan Noise Element. In addition, the Noise Study shows the Project will not substantially increase ambient noise levels. The Day Care Center would introduce up to 114 children within outdoor play areas at various times between 8 a.m. and 6 p.m. Monday through Friday. According to the Noise Study, maximum noise levels at the comparison KinderCare site were generated from children congregating around the play structures. The closest play structure to the property line separating the Project site from the adjacent residential properties on Maple Drive is 100-feet (see Figure 2 below). The Noise Study estimates the ~ns~•a. Noise Measurement Location 4 of 9 `"' Clark Avenue ambient noise increase from the Project at 1-2 dBA, be considered significant. l a b ~~ la l which is less than the 3 dBA increase that would Figure 2. Distance between Play Structure and Residential Properties DSRSD __ T3 .~ Q a: r.. m 0 ~o <' 5-foot masonry wall One of the most common noise insulation features that are incorporated into projects are masonry block walls. As shown above in Figure 2, the Project site currently has a 5-foot high masonry block wall separating the Project site from the adjacent residential properties on Maple Drive. The presence of this wall provides an approximate 5 dB reduction in noise exposure levels between the Project site and the residential properties on Maple Drive. Short term increases in noise such as the DSRSD gate opening and closing is not considered part of ambient noise levels as it is not a continuous source of noise; the opening and closing of the DSRSD gate occurs for a limited time on a limited basis. 3) Appellants Comment: The noise impact report based the increased noise level on a daycare center with "up to about 20" children and the play structures were 90 feet from the noise measurement location. Even with this scenario, the noise levels reached 78 dBA from children playing 45 eet from the noise measurement location. A report based on "up to about 20" children playing 45 feet from the noise measurement location is not an accurate analysis of up to 11 S children playing within 27 feet of yards and bedroom windows of nearby residents. Staff Response: In order to quantify noise levels that could be generated by the use of the outdoor play areas, noise measurements were taken at the KinderCare Day Care Center in Dublin. At the time the noise measurements were taken, approximately 38 children were playing in the 3 play areas (20 pre-school aged children and 18 infants/toddlers). The children tended to congregate around the play structures and the noise levels were dominated by the children's voices. The average noise level of children playing was 59 dB. Noise levels reached 65-70 dB with the children yelling. A 78 dB was recorded when a group of children began playfully yelling at a passing truck; this level of noise does 5 of 9 ~,:, Clark Avenue X67 1~1 not reflect typical, on-going noise levels within the outdoor play areas. This behavior was quickly addressed by childcare staff and was discontinued. The noise associated with the play areas was dominated by children's voices and was loudest where children congregated around the play structures. The Bright Horizons play yard has been designed so that the play structures are located as close as practical to the Day Care Center building and away from residential backyards. The distance between the property line separating the Project site from the residences on Maple Drive and the closest play structure is 100 feet; the distance between the edge of the play area and the property line is approximately 40 feet (see Figure 2 above). There is no possibility that children would be able to play within 27-feet of residential yards or bedroom windows. The typical number of children in the Bright Horizons play areas will be 41, comparable to the number of children present in the KinderCare play areas on the day that the noise measurements were taken. However, the Applicant has requested that up to 114 children be permitted within the play areas so noise levels were adjusted to take into consideration the maximum number of children permitted within the play areas at Bright Horizons. Even with 114 children in the play areas, the Noise Study concluded, as described in more detail above, that noise levels would remain within the "Normally Acceptable" levels of 60 dB as set forth in the City of Dublin General Plan for residential land uses and would not substantially increase ambient noise levels at adjacent residences. 4) Appellants Comment: The report continues to say "in order to be conservative this noise analysis does not apply an adjustment to the limit... " We do not want a "conservative " analysis, we need a factual and accurate analysis. However, with the ambient traffic noise already exceeding the "normally accepted levels " the addition of 114 children playing, screaming, yelling and crying and over 300 additional cars coming and going everyday will only add to the decibel level. Staff Response: In describing how noise limits are calculated based on the State of California's Model Noise Ordinance, the Noise Study notes that the median noise level for residential areas is typically adjusted based on a number of factors including ambient noise levels. Because ambient noise levels in the Project area vary throughout the day, sometimes being higher and sometimes lower, noise limits were not adjusted for ambient noise levels in the Noise Study resulting in a more restrictive standard being applied to the Project. As noted above, ambient traffic noise on the Project site near the adjacent residential properties is 60 dB which does not exceed "Normally Acceptable" noise levels for residential land uses. Furthermore, the outdoor play area, even with 114 children, would not substantially increase ambient noise levels. With the addition of the Project, and the attenuating effect of the solid masonry wall between the Project and existing residences, noise exposure levels within the adjacent residential properties are not expected to exceed the "Normally Acceptable" levels of 60 dB. Traffic Impacts Each of the comments presented in the Appeal Letter relating to traffic have been responded to by the City's Traffic Engineer in a separate memorandum dated June 18, 2009. The Traffic Engineer's memorandum can be found in Attachment 7 to the July 7, 2009 City Council Agenda Statement. 6of9 Property Values ~' l~r 1) Appellants Comment: We are prepared to present actual comparable home values from reputable local realtors that will show that homes within a certain range of daycare centers see dramatic reductions in home values (up to 20%) as well as lose their ability to ~sellJ in the best of markets. We feel the Committee did not take this into consideration prior to the meeting or even take the time to consider it once it was brought up in the meeting on May 26, 2009 by those in attendance. Staff Response: The premise behind establishing a General Plan Land Use Map and corresponding Zoning Map are to establish the appropriate locations for a variety of land uses such as residential, commercial, and industrial to ensure compatibility of uses and promote a high quality of life within the community. Generally, commercial and industrial land uses are located along Interstate 580 and Dublin Boulevard to maximize use of transit corridors and avoid high volumes of traffic within residential neighborhoods. Residential land uses are generally located north of commercial and industrial land uses with higher densities closer to Dublin Boulevard and lower densities proceeding north to the Alameda-Contra Costa County line. Even with a structured development pattern such as this, there are transitions from commercial areas to residential areas and from higher density residential to lower density residential. The Project site is a commercially zoned property. A wide range of commercial uses are permitted by right, e.g., ambulance services, banks, building materials sales, copy store, restaurants, etc. Certain other commercial uses, such as Day Care Centers, are subject to Conditional Use Permits. Conditional Use Permits allow for the imposition of conditions of approval to ensure compatibility issues with surrounding properties, including residential, are addressed. The two issues which are most prevalent relating to Day Care Centers are traffic and noise. The proposed Bright Horizons Day Care Center is located along Dublin Boulevard which provides ideal access to the site as Dublin Boulevard has been designed to accommodate a higher volume of traffic as the major east-west corridor through the City. Patrons of the Day Care Center will be able to access the site with ease from Dublin Boulevard. Noise associated with the outdoor play areas has been analyzed through the preparation of a Noise Study which concluded that the Project will not result in an increase in noise levels outside of the "Normally Acceptable" range for residential land uses. Conditions of approval have been incorporated into the Project to ensure on-going compatibility with surrounding uses. Parkin 1) Appellants Comment: There are insufficient parking spaces for the number of cars/families that will be accessing the center during normal center hours let alone after hour uses. An official from Bright Horizons Day Care acknowledged that there would be multiple events in the evenings through the year for the community and family members to attend, including but not limited to quarterly "Open Houses ", Back to School Night, Holiday events, Graduation and the like. Based on the Projected number of students and assuming not all families will arrive in one car (due to multiple sets of parents, extended family in attendance, members of the community who are not enrolled members but attend the event, etc) the number of vehicles accessing the center will far exceed 144 cars for the popular events. We have to ask, where will they park? Since the parking lot will have 27 spots, 9 of which will be taken by staff (and the other 9 staff will presumably park off-site), that leaves 18 spots. And, Clarke Avenue will have the curbs painted red thus prohibiting parking along the curbside. So, one must assume the remaining 126 cars will attempt to park on Ebensburg Lane and Maple Drive which will have a negative impact on the residents and homeowners of these streets and our guests. 7of9 1~ ~~~ ~~) And, again, we must consider the ability for emergency vehicles to access our homes in an emergency. Staff Response: In accordance with the Dublin Zoning Ordinance, Chapter 8.76 Off-Street Parking and Loading Regulations, a total of 43 parking spaces are required for the Day Care Center. 34 parking spaces will be provided on-site and the Applicant has secured an additional 9 parking spaces on the adjacent Dublin San Ramon Services District property to meet the parking requirements. Evening activities will not be permitted during the week; however a Condition of Approval has been proposed to be added to the Project to allow for employee training on Saturdays from 8 a.m. to 6 p.m. and to allow "Open House" events on Saturdays from 8 a.m. to 6 p.m. Open House activities are limited to prospective clients (see Attachment 8, Additional Condition of Approval No. 8a). Portions of the curb line between the two driveways providing access to the Day Care Center would be painted red in order to prevent any site distance obstructions from vehicles entering and exiting the site (see Figure 3 below). Before these portions of the curb can be painted red, Staff will bring before the City Council a report outlining the need for additional red curbs along Clark Avenue. While on- street parking will be restricted adjacent to the driveways, 4 on-street parking spaces will remain available. The curb line between the southern most driveway and Dublin Boulevard is already painted red to facilitate right turn movements from Clark Avenue to Dublin Boulevard. Figure 3. No Parking Zones along Clark Avenue b PA .~ A y a ~. m' 0 c~ <' When determining the width of a road, on-street parking is taken into consideration in order to ensure adequate emergency vehicle access. Atypical residential street is 36-feet wide with 8-feet of parking on each side of the street. This leaves a 20-foot wide roadway for fire truck access which meets the Fire Departments requirements for emergency vehicle access. When a residential street is less than 36-feet, on-street parking is restricted in order to facilitate emergency vehicle access; this is not the 8 of 9 Clark Avenue Existing Red Curb New Red Curb ~ia~ ia~ case on Maple Drive or Ebensburg Lane. As noted in the Traffic Engineer's memorandum, Clark Avenue is wider than required for a Residential Collector. Dublin Boulevard is an arterial roadway, designed to carry substantial traffic loads. The roadways in the Project are expected to provide adequate emergency access to the Project site and the neighborhood. 9 of 9 Ill~~a CITY OF DUBLIN Public Works Department City Offices, 100 Civic Plaza, Dublin California 94568 MEMORANDUM DATE: June 18, 2009 TO: Marnie Waffle, Senior Planner and Jamie Rojo, Assistant Planner FROM: Jaimee Bourgeois, Senior Civil Engineer (Traffic) SUBJECT: Response to Traffic-Related Comments Included in the Appeal Letter Regarding PA 09-005 Bright Horizons Day Care Center As the City's Traffic Engineer, I provided an email (dated April 1, 2009) to Planning Department staff which stated that a traffic study would not be required of the proposed Bright Horizons Day Care Center. The email was included as Attachment 6 to the May 26, 2009, Planning Commission Staff Report. Considerable thought and technical analysis was part of the determination that a study would not be required. This memorandum has been prepared to more fully explain why a traffic study is not required of the project by responding to each of the traffic-related concerns set forth by the appeal letter received on June 3, 2009. A summary of each comment and a response is provided below. Traffic Impact: 1) Comment Summary: The letter requests that a traffic study be completed and made available to the residents and the City Council. 1) Response: A traffic study is not required for all projects. The purpose of preparing a traffic study is to identify and disclose transportation-related impacts of a project. Because the City has not adopted specific standards or a trip generation threshold for determining when a traffic study is required, it is the responsibility of the City's Traffic Engineer to determine whether a traffic study should be prepared. The need for a traffic study is determined based on many factors, including but not limited to the size of the project, the type of proposed land use, surrounding land uses, characteristics of the transportation network, and existing and future traffic levels in the area. I conducted an extensive review of the project application and the surrounding transportation network in order to develop specific conditions of approval and to determine whether a formal traffic study would be required. Based on this evaluation, I concluded that a formal traffic study would not be required. This conclusion was reflected in an April 1, 2009 summary email attached to the Planning Commission's May 26, 2009 staff report. Following is an overview of the evaluation that was conducted that led to the conclusion that a traffic study would not be required: ATTACHMENT 7 Marnie Waffle and Jamie Rojo June 18, 2009 Page 2 iii ~-~~ - As part of another unrelated study, peak period traffic counts were collected in 2008 and level of service calculations were completed for the Dublin Boulevard/Clark Avenue intersection, as well as other intersections along Dublin Boulevard. Level of service is a grading system for roadways and intersections that describes the level of congestion that occurs at the facility. Level of service A represents little to no congestion, and level of service F represents highly congested conditions resulting in significant delays. The City strives to maintain a level of service of D or better. The Dublin Boulevard/Clark Avenue intersection is controlled by a traffic signal and currently operates at level of service A during the morning, midday and evening peak periods. Therefore, there is more than enough capacity to accommodate additional traffic generated by the project. - The amount of new traffic on the roadway related to the day care center will be even less at intersections further from the project site. - Some of the trips generated by the day care center will be "pass-by" trips; that is, trips that would have taken place anyway. Motorists will simply modify their route slightly to stop by the project site for drop off or pick up. These trips would not be considered new trips. This is especially true since the site is located on Dublin Boulevard, one of the City's busiest roadways. - The 2008 data was also used to assess the adequacy of the eastbound Dublin Boulevard left-turn pocket to insure that additional traffic generated by the project would not require a longer turn pocket. It was determined that the existing turn pocket is more than adequate to accommodate existing traffic levels and traffic levels with additional project traffic. - The project's peak trip generation was estimated. Because the existing 8,846-square foot building is approved for office use, the impact of the proposed project is limited to the total number of trips that would be generated above and beyond the existing land use. This is referred to as the number of net new trips. Using published industry standard trip generation rates, the number of net new trips generated by the project is estimated to be 63 during the morning peak hour and 62 during the evening peak hour. - The Alameda County Congestion Management Agency (CMA) does require an assessment of impacts on roadways of regional importance (such as Dublin Boulevard) if the proposed project will generate more than 100 net new p.m. peak hour trips. As described above, the proposed project will only generate 62 net new p.m. peak hour trips; therefore, a CMA analysis is not required of this project. Net new trips are calculated by estimating the day care center peak hour trip generation (89 trips), applying a 15% pass- by reduction to account for vehicles that would have already been on the roadway network, and then subtracting the existing land use (office) peak hour trip generation (13 trips). Based on the above considerations, an estimate of the amount of traffic that Clark Avenue will experience (see comment and response 3 below), and anecdotal knowledge of traffic conditions at existing day care facilities, it was concluded that the proposed day care center would not have a significant impact on the surrounding transportation network, and thus a traffic study is not required. Marnie Waffle and Jamie Rojo June 18, 2009 Page 3 ~13~ ~a~ 2) Comment Summary: The letter states that the trip generation estimates are not correct and that the project will generate over 144 vehicles each morning and evening. With this level of traffic generated, it is stated that a CMA Analysis is required. 2) Response: The project is expected to generate 62 net new p.m. peak hour trips above the existing office land use. The estimate is based on industry-standard published trip generation rates for day care centers (Institute of Transportation Engineers' Trip Generation, 8 Edition). The published rates are based on actual surveys taken at over 60 existing day care centers. As explained above, the CMA requirements are based on net new trips; because there are less than 100 net new p.m. peak hour trips expected, a CMA analysis is not required. Day care centers have the following operating characteristics that contribute toward a trip generation estimate: - A single trip is counted either as an inbound arrival trip or as an outbound departure trip. For example, a parent dropping off a child would generate two trips, one inbound followed by one outbound. - Trip generation is examined during the morning and evening peak hours when traffic levels on surrounding roadways are heaviest. Each peak hour represents a single 60 minute time period. - Staff members typically arrive in the morning or early afternoon and leave in the afternoon or evening, respectively. Consequently, one trip is associated with their arrival and one trip is associated with their departure. - Staff members work staggered shifts; therefore, they do not all arrive and leave at the same time or even within the same hour. - Many of the children are dropped off in the morning and picked up in the evening. This translates to two trips (one inbound and one outbound) during the morning and two trips during the evening. - Even of all the children dropped off in the morning, they do not usually all arrive during the same one hour period. Some might be dropped off as early as 6:00 a.m. when the facility opens or as late as 11:00 a.m., for example. - Siblings often attend the facility, so there are no additional trips associated with siblings. - Not all children attend the facility every day of the week or might miss a day because of scheduled vacations or unscheduled sick days. Therefore, the facility is rarely if ever operating at full capacity. 3) Comment Summary: The letter indicates that the level of traffic generated by the project will result in congestion on Clark Avenue between Dublin Boulevard and Maple Drive-Ebensburg Lane Drive, resulting in traffic and safety issues. 3) Response: Site access and circulation on Clark Avenue was thoroughly reviewed. As a result of the review, changes were required of the Applicant to allow only egress (outbound) at the southern driveway. If vehicles are approaching from Dublin Boulevard (the south), then they will turn left to enter the site. If vehicles are approaching from Maple Drive (the north), then they Marnie Waffle and Jamie Rojo ~ L June 18, 2009 ~ T ~02 I Page 4 will turn right to enter the site. There will be no delay associated with vehicles turning right into the site because right-turning vehicles are not required to yield to the other vehicle movements such as vehicles driving northbound or vehicles exiting the site. Vehicles turning left into the site might be delayed slightly if there is oncoming (southbound) traffic. It would be less desirable to have vehicles waiting on Clark Avenue to enter the southern driveway due to its close proximity to Dublin Boulevard; therefore, ingress has been limited to the northern driveway as a safety precaution. The heaviest volume of traffic counted on southbound Clark Avenue equates to an average of two vehicles per minute. Because it only takes a few seconds to complete alert-turn from Clark Avenue into the site, there will be sufficient gaps in southbound traffic to allow project-related traffic to enter the site will little or no delay. As such, traffic congestion on Clark Avenue is not expected. Restricting egress on the Project site will be adequate to ensure that the project and other traffic will not back up on Dublin Boulevard or into the adjacent residential neighborhood. 4) Comment Summary: The letter describes the residents' concern for delayed emergency vehicle response due to congestion on Clark Avenue. 4) Response: As described above, congestion on Clark Avenue is not expected. In the event of an emergency, however, Clark Avenue provides adequate width for emergency vehicle access. The roadway is 44 feet wide, which exceeds the City standard of 40 feet as established in the City's General Plan for a Residential Collector with on-street parking on both sides of the street. In situations where the width of the road is less than the City standard, on-street parking would be restricted to facilitate adequate emergency vehicle access; however, this is not the case on Clark Avenue. Because congestion on Clark Avenue is not expected, the project will not adversely impact emergency vehicle access. 5) Comment Summary: The letter references the number of citations issued by Police Services at the Clark Avenue/Maple Drive-Ebensburg Lane Drive intersection and indicates that added traffic from the project would contribute to this safety concern. 5) Response: The appeal letter is likely referring to a special enforcement event called Combined Intensive Traffic Enforcement (CITE) that occurred in Dublin on May 14t". During the enforcement event, about 15 motorcycle officers from neighboring agencies joined together for targeted enforcement within Dublin during the morning commute period. Over the course of the morning commute period, about 15 citations were issued by officers from other agencies at the Clark Avenue/Maple Drive-Ebensburg Lane Drive intersection. Dublin's motorcycle officers sometimes enforce at this intersection during the morning peak period, and typically would cite two or three vehicles. No citations have been issued in the last six months. Motorists are more likely to roll through a stop sign when there are no or few other motorists at the intersection at the same time. Because this intersection does not experience high traffic levels, this is likely a contributing factor toward motorists rolling through the stop. Traffic collision records were checked for the previous 10 year period; no collisions have been recorded at the intersection, and the project is not expected to create any new safety hazards. Marnie Waffle and Jamie Rojo /~~ / ^~ June 18, 2009 01 Page 5 Cc: Melissa Morton, Public Works Director Jeri Ram, Community Development Director Jeff Baker, Acting Planning Manager Mark Lander, City Engineer G:\DEVELOPMENT, PRIVATE\Bright Horizon Daycare\Traffic\memo_BrightHorizons_ResponsestoAppeal_Traffic 061809.doc I16~ ~~ FINDINGS OF FACT Affirming the Planning Commission's adoption of Resolution 09-22, approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard with the addition of Condition of Approval 8a set forth below; and to allow Off-Site Parking at 7051 Dublin Boulevard; and adoption of Resolution 09-23, approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of a Day Care Center at 7035 Dublin Boulevard (PA 09-005). Additional Conditions of Approval: No. 8a: Other Activities. On-site training for Day Care Center employees is permitted on Saturdays between the hours of 8 a.m. and 6 p.m. "Open House" events are also permitted on Saturdays between the hours of 8 a.m. and 6 p.m. and shall be limited to prospective clients of the Day Care Center. No parent/child events or outdoor events are permitted at any time and no day care shall be provided on Saturdays. Pursuant to Dublin Municipal Code Chapter 8.136, the City Council makes the following Findings of Fact to support its motion to affirm the Planning Commission's adoption of Resolution 09-22, approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard; adoption of Resolution 09-023, approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of a Day Care Center at 7035 Dublin Boulevard; and, denying the appeal filed on June 3, 2009. These Findings of Fact are based on the Agenda Statement for the July 7, 2009 City Council Meeting related to the June 3, 2009 Appeal Letter, together with all attachments to such Agenda Statement; all documentary evidence submitted to the City Council at the July 7, 2009 Public Hearing; all comments, statements and testimony heard by the City Council at the July 7, 2009 Public Hearing; the Dublin General Plan; and, the Dublin Municipal Code (together, the "Record"). Through these Findings, the City Council sets forth its reasons for affirming the Planning Commission action and verifies that the appeal has been processed in compliance with the provisions of Chapter 8.136, Appeals, of the Zoning Ordinance. Findings of Fact The Conditional Use Permit findings for the operation of a Day Care Center at 7035 Dublin Boulevard are as follows: A. The Day Care Center and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Day Care Center will be located within an existing office building which is served by public utilities and services; 2) the existing on- and off- site parking satisfies the City's parking standards and will be adequate to serve the proposed Project; 3) the City's Traffic Engineer has concluded that the anticipated traffic from the Project '~ onto the existing roadway network will not result in any negative congestion, safety or other impacts; 4) an acoustical report prepared for the Project concluded that the anticipated outdoor activities by the Day Care Center is expected to be within the "Normally Acceptable" noise levels of the City's General Plan Noise Element guidelines for single-family residences, which is a Page 1 of 6 ATTACHMENT 8 II'7~~a 1 measurement of 60 decibels or less and will not substantially increase ambient noise; 5) the Day Care Center and its outdoor facilities have been designed for compatibility with adjacent residential uses by making use of the existing building, locating outdoor play areas away from existing residences, locating play structures as far south as possible within the play areas so that the nearest play structure is 100' from the northerly property line, retaining the existing masonry wall between the Project and the residences, and providing landscaping along the northerly boundary of the play area and in the parking lot; and 6) the Day Care Center will provide a service to the residents of Dublin as well as employees within the City. B. The proposed Day Care Center will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the Day Care Center will conform to all applicable regulations contained within the Dublin Zoning Ordinance and is subject to State licensing requirements; 2) the modifications to the site layout have been designed to locate the play area away from existing residences; 3) the Project has been conditioned to limit outdoor play times and to require that the property owner and operator(s) of the facility minimize noise to the adjacent properties; 4) the Project has been designed and conditioned to restrict egress to Clark Avenue and will not cause adverse traffic congestion, safety or other effects; 5) the Day Care Center does not use hazardous materials or generate hazardous emissions or waste requiring special treatment or disposal; and 6) all fencing has been designed to provide visual surveillance of the outdoor play area. C. The proposed Day Care Center will not be injurious to property or improvements in the neighborhood because: 1) the Day Care Center will be located on a developed site and the outdoor play area will be located at the western property line enclosed by a six foot fence; 2) conditions of approval have been placed on the Project to limit the hours during which children will occupy the outdoor play area as well as to limit the number of children who will occupy the outdoor play area at one time; 3) the Project proposes exterior improvements and upgrades to the existing building as well as new landscaping along all four sides of the perimeter fence which encloses the play area and within the parking lot; and 4) conditions of approval limiting outdoor noise and the Project design, locating the play area away from the residences, retaining the solid masonry wall and providing landscaping around the play area and parking lot ensure the Project will be compatible with existing residences. 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 because: 1) the Day Care Center is located on a developed site with adequate provisions for public access from Clark Avenue, a fully improved road; 2) there are existing sidewalks to allow for adequate pedestrian access to the site; 3) DSRSD will provide water and sanitation services to the Project; and 4) the site is developed with an existing building in a developed area and is adequately served by all other public services and utilities. E. The proposed Day Care Center site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the Day Care Center is located on a developed site that is generally flat in topography with an existing building and parking lot; 2) the existing roadway network leading to the site and the availability of existing on- and off-site parking is adequate to serve the Day Care Center; 3) as conditioned, the Day Care Center will operate between the hours of 6 a.m. and 7 p.m., Monday through Friday; and, 4) as conditioned, the Day Care Center will have no more than 126 children on-site at any one time. Page 2 of 6 ins ~~a9 F. The proposed Day Care Center will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: 1) the Day Care Center provides a general commercial use along Dublin Boulevard, a major transportation corridor in the City, and through its design and conditions of approval, as described in the Staff Report and elsewhere in the Record ensures compatibility with adjacent residential and commercial uses and thus is not contrary to the specific intent of the C-2 General Commercial Zoning District; 2) the Dublin Zoning Ordinance provides that a Day Care Center is a conditional use in the C-2 (General Commercial) Zoning District in which it is located and is permitted when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 3) Staff carefully reviewed the Project for compliance with development standards for the C-2 District set forth in section 8.36.030 of the Zoning Ordinance, including setbacks, lot lines, yards, lot coverage, height, and lot width, frontage and depth. The Project is on an existing lot with an existing building; Staff identified no conflict with applicable development standards; and 4) Staff carefully reviewed the Project for compliance with performance standards for the C-2 District pursuant to sections 8.24.030.N and 8.28.030 and identified no conflict for the Project as proposed and conditioned . G. The proposed Day Care Center is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the Day Care Center is a commercial operation whose use of the site is consistent with the Dublin General Plan land use designation of Retail/Office which provides for a range of businesses; 2) the Day Care Center implements the General Plan through the Conditional Use Permit process and meets the intent of the C-2 District in which it is located;. and 3) the Day Care Center will provide a needed service to residents and employees in Dublin. The Conditional Use Permit findings to allow for up to 9 Off-Site Parking spaces located at 7051 Dublin Boulevard are as follows: A. The proposed Off-Site Parking is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the Off-Site Parking is located on an adjacent commercially designated parcel at 7051 Dublin Boulevard and pedestrian access is provided by a sidewalk that leads directly from the off-site parking spaces to the Project site. B. The Off-Site Parking will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the Off-Site Parking is located in a parking lot that has adequate vehicular circulation; 2) pedestrian access to the Day Care Center from the off-site parking is provided by a sidewalk that leads directly to two entrances at the rear of the building; and 3) Dublin San Ramon Services District has met the parking requirements for their existing use and leasing nine parking spaces to the Day Care Center will not result in a parking deficiency or negative impact to their use or surrounding uses. C. The Off-Site Parking will not be injurious to property or improvements in the neighborhood because: 1) the Off-Site Parking is located on a developed site at 7051 Dublin Boulevard and has been designed to ensure adequate vehicular circulation and pedestrian access between the parking lot and the Day Care Center; and 2) there is sufficient parking remaining for Dublin San Ramon Services District and leasing nine parking spaces will not result in any negative impacts. 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 because: 1) the nine Off-Site Parking spaces can be accessed by Page 3 of 6 I I~ ~ Z ~ a driveway on Dublin Boulevard and there is an adequate path of travel from the Off-Site Parking spaces to the Day Care Center; and 2) water, sanitation and other public services and utilities are not required for the off-site parking spaces. E. The Off-Site Parking site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the Off-Site Parking is located on a developed site, generally flat in topography; 2) the existing roadway network leading to the Off-Site Parking and the availability of off-site parking is adequate to serve the Day Care Center; and 3) use of the off- site parking spaces will not result in a parking deficiency for DSRSD. F. The Off-Site Parking will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because in accordance with Section 8.76.050. COff-Site Parking standards, the following requirements have been met: 1) the Conditional Use Permit Findings can. be made; 2) the most distant parking space is adjacent to the Project site and approximately 25 feet from the existing building. Thus, the off- site parking is not more than 400 feet from the Project; 3) a license agreement has been executed between Bert L. Michalczyk of Dublin San Ramon Services District and Ted Babbes of MAC DADDY, LLC to assure that 9 parking spaces are provided to the Day Care Center; 4) the parking lot site where the off-site parking will occur is located at 7051 Dublin Boulevard in a C-2 District and is not a residential zone; and, 5) the parking lot site where the off-site parking will occur is located at 7051 Dublin Boulevard and is not within a road easement or a private street. In addition, the Off-Site Parking supports a commercial use and thus is consistent with the intent of the C-2 District. G. The Off-Site Parking is consistent with the Dublin General Plan and with any applicable Specific Plans because: 1) the Off-Site Parking is consistent with the Dublin General Plan land use designation of Retail/Office in that the parking is in a commercially designated area supporting a commercial use; and 2) there are a sufficient amount of parking spaces remaining for the Dublin San Ramon Services District's use. The Site Development Review findings are as follows: A. The proposal is consistent with the purposes of Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) a condition has been put in place to require the exterior building modifications to be compatible with existing building conditions in terms of color and material in order to preserve the building's architectural character; 2) the landscaping and exterior building modifications provide a visually attractive development that is consistent with the General Plan; and, 3) the C-2 Zoning District allows for the operation of Day Care Centers as a conditional use and the C-2 Zoning District is consistent with the Retail/Office land use designation of the General Plan. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the six foot fence around the play area perimeter complies with all landscaping and fencing regulations as set forth in Chapter 8.72 of the Zoning Ordinance in that it does not exceed the maximum permitted height; 2) the landscaping meets the minimum percentage of landscaped area required for a parking lot as set forth in Chapter 8.76 Off-Street Parking and Loading Regulations; 3) the parking lot driveways and drive aisles will be widened and existing angular parking stalls reconfigured to perpendicular parking stalls in order to enhance vehicle circulation and to meet required driveway, drive aisle and parking stall dimensions as set forth in Chapter 8.76 Off-Street Page 4 of 6 ~ ~ 121 Parking and Loading Regulations; 4) the Project relates appropriately to adjacent commercial and residential uses and as proposed and conditioned, the Project complies with all applicable development standards; and 5) the Project is an appropriate location, use and design that takes advantage of an infill site with good roadway access and no physical constraints. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) the Project is a commercial use consistent with the site zoning and adjacent commercial zoning and uses; 2) new evergreen landscaping serves as a buffer between the play area and adjacent residential uses as well as to provide visual enhancement to surrounding properties; 3) the parking lot design will be reconfigured and the driveways and drive aisles widened to facilitate enhanced vehicular circulation; 4) use of the existing building for the Day Care Center and reconfiguration of the parking lot to locate the play area near the building, the Project concentrates its operations away from existing residences; and 5) as proposed and conditioned, the Project is appropriate to the site and vicinity and compatible with adjacent commercial and residential uses. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the parking lot has been designed to improve vehicular access and circulation and includes the widening of existing driveways and drive aisles and perpendicular parking stalls; 2) new landscaping will be planted to enhance the overall appearance of the site as well as to serve as a buffer between the site and adjacent residences; 3) the site is already developed with a building and parking lot, is relatively flat, not irregularly shaped, and is free of physical constraints; and 4) the site is large enough for the Project to comply with all applicable development standards. E. Impacts to existing slopes and topographic features are addressed because: 1) the site is fully developed, relatively flat, with no significant topographic features. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the outdoor play area has been located in an area that is compatible with the building; 2) the height of the outdoor play area equipment and perimeter fence have been designed to be compatible with surrounding developments; 3) the trash enclosure has been designed to be architecturally compatible with the existing building; and, 4) modifications to the building include the addition of windows and doors along the exterior elevations and will be designed to be architecturally consistent to match existing conditions in terms of colors and materials. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) a continuous planting strip of evergreen shrubs and flowering accent plants will be installed on all four sides of the play area to appropriately screen and soften the outdoor play area; 2) a variety of evergreen trees will be planted along the northerly perimeter of the play area to serve as a buffer between the residences and outdoor play area; and 3) landscaping will be provided in the reconfigured parking lot to soften the effect of the paved area. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) the existing parking lot will be reconfigured to provide perpendicular Page S of 6 ~~ ~ ~- parking stalls rather than angular parking stalls to facilitate two-way drive aisles and to improve vehicular circulation and parking; 2) the drive aisles will be widened to accommodate 25 foot drive aisles for enhanced vehicular circulation; 3) driveways providing access to the site from Clark Avenue will be widened in order to meet driveway width requirements as set forth in the Zoning Ordinance; 4) there are sidewalks along both the Dublin Boulevard and Clark Avenue frontages allowing ready pedestrian access to the Project site; and 5) with the Day Care use, it is not likely that biking will be the normal mode of transportation for the patrons of the Day Care Center; however, there is a nearby transit stop for employees and patrons to take advantage of. Page 6 of 6