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Home My WebLink AboutPC Reso05-42 Adult Daycare CUP RESOLUTION NO. 05-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ADUL T DAY PROGRAM/ADULT DAYCARE FACILITY IN A M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AT 6805 SIERRA COURT, SUITE A ASSESSOR PARCEL NUMBER 941-0205-028-01 PA 05-031 WHEREAS, the App]icants, Dan Fisher and Dennis Ca]ano of Care Administration and Management Professionals (CAMP)/Sierra Day Program, have requested approval of a Conditional Use Permit to allow an Adu]t Day Program/Adult Daycare Faci]ity in a M-] (Light Industria]) Zoning District at 6805 Sierra Court, Suite A; and WHEREAS, a Daycare Faci]ity is a use that is conditionally permitted in a M-] (Light Industria]) Zoning District; and WHEREAS, the Genera] Plan land use designation for the project site is Business ParklIndustria]; and WHEREAS, the parcel is currently occupied by a light industria] building comprised of office, warehouse, and laboratory space; and WHEREAS, Conditions of Approva] recommended for the project will ensure that the project is compatible with surrounding uses and tenants; and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin Genera] Plan and the Zoning District in which it is located, and represents an appropriate project for the site; and WHEREAS, the California Environmenta] Qua]ity Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmenta] Quality Act (CEQA), according to the CEQA Guidelines, Section ]530] (Minor alteration of existing facilities); and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on Ju]y 26,2005; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgrnent to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find the following: A. The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity. Nearby businesses in this light industria] area include office, warehouse, and laboratory uses as well as other similar industria] and commercia] uses. B. The proposed use 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 the proposed use creates no recognizable negative impacts. C. The proposed use will not be injurious to property or improvements in the neighborhood because the site is adjacent to like commercia] and industria] uses. D. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, because no increase in public service demands will result from the proposed use. E. The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing site is of adequate size to serve the use and absorb any impacts generated by the use. F. The proposed use is compatible with the specific intent established for the M-] (Light Industria]) Zoning District, which is to "provide areas to accommodate enterprises. . . in a manner consistent with the Genera] Plan." G. The proposed use, as conditioned, is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dub]in Planning Commission does hereby approve PA OS-03], a Conditional Use Permit to allow an Adult Day Program/Adult Daycare Facility in a M-] (Light Industria]) Zoning District at 680S Sierra Court, Suite A, as generally depicted by the Project App]ication, Staff Report and the Project Plans dated received July S, 200S and labeled Attachment 2 to the Staff Report, stamped approved and on file with the City of Dublin Planning Department, subject to compliance with the following conditions. CONDITIONS OF APPROVAL: The Conditional Use Permit approval for PA OS-03] (Sierra Day Program CUP) establishes Conditions of Approval for the establishment of an Adult Day Program/Adult Daycare Faci]ity and improvements at 680S Sierra Court, Suite A. 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, [F] A]ameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] A]ameda County Department of Environmenta] Health [DEH]. Comvliance with the (ollowinfl conditions are required on an onfloinfl basis unless otherwise noted. 1) Review and Permitting Authority. The Applicant shall comply with all applicable regulations and requirements of the City of Dublin Bui]ding Division, Planning Division, A]ameda County Fire Department, Dub]in Police Services, Dublin San Ramon Services District, and Dublin Public Works Department. 2) Term. Approva] of the Conditional Use Permit shall be valid for twelve (]2) months from approval by the Planning Commission in accordance with Section 8.96.D of the Dublin Zoning Ordinance. If the occupancy and use have not commenced by that time, this approval shall be null and void. 3) Nuisance. The Applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds shall be permitted outside the building. Loudspeakers, music, or similar amplified noises are strictly prohibited. [PL,PO] 4) Revocation. The Conditional Use Permit shall be valid so long as the operators of the subject property comply with the project's conditions of approval and the Conditional Use Permit shall be revocable for cause in accordance with Dub]in Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. [PL, PO] 5) Hold Harmless. The ApplicantlDeve]oper shall defend, indemnify, and hold harmless the City of Dub]in and its agents, officers, and employees from any claim, action, or proceeding against the City and its agents, officers, or employees to attack, set aside, or annul an approval of the City of Dublin or its advisory agency, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City of the site development review; provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's cooperation in the defense of such actions or proceedings. 6) Fees. ApplicantlDeveloper shall pay all applicable fees in effect at time of building permit issuance. Said fees shall, include, but may not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Faci]ities fees, Fire Facility Impact fees, Alameda County Fire Services fees, Traffic Impact fees, Noise Mitigation fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. Fees are subject to change without notice and are due at the time building permits are issued. Unissued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the share of the new or revised fees. 7) Sign age. No permanent signage is permitted as part of this application. No temporary signs are permitted on the site without approval of a Zoning Clearance. Any temporary sign must be in conformance with the Sign Regulations of the Dublin Municipal Code, and in particular, Section 8.84.050(T). (PL) 8) Parkiug. Per the Dub]in Zoning Ordinance, 32 parking spaces are required for the Adult Day Program/Adult Daycare Facility use as depicted in the Project Plans, dated received July 5,2005, and a total of ] 05 parking spaces are required for the building as a whole as it is currently configured and as detailed below: Use Type: Parking Required Parking Provided Subject Tenant Space: 32 32 Adult Day Program/Adult Daycare Faci]ity Employee parking ]5 ]5 Company vehicles (up to 3 mid-size cut away buses 8 8 and 5 passenger vans) Client drop-off 9 9 Use Type: Parking Required Parking Provided Other Tenant Spaces: 56 56 Office (14,057 square feet at ] space per 250 sf) Other Tenant Spaces: ]7 22 Warehouse (]6,903 square feet at 1 space per ],000 sf) Tota] parking for the entire site ] 05 spaces required ] ] 0 spaces provided A minimum of 32 spaces shall be provided for the Adult Day Program/Adult Daycare Facility and shall be maintained on an ongoing basis. The Applicant is required to provide spaces of sufficient size to park the three midsize cut-away buses that the facility uses to transport clients. (PL) 9) Permitted Uses. The Conditional Use Permit approved for the site is for an Adult Day Program/Adult Daycare Facility in a 5,160 square foot tenant space comprised ofa vocational training room, work room, and associated offices. No uses other than those described herein are permitted as part of this project approval. 10) Planning Division: The following conditions are required by the Planning Division and compliance is required on an ongoing basis: a) The facility shall serve a maximum of 45 clients for day use only. The facility shall not be used as a 24-hour care facility nor shall it accommodate any living or sleeping arrangements. b) The operational hours of the Adult Day Program/Adult Daycare Facility shall be limited to 9:00 a.m. to 6:00 p.m. daily. c) The facility shall have no more than 3 mid size buses and five passenger vans to transport clients unless additional parking is identified. 11) Building and Safety. The following conditions are required by the Building Official of the City of Dublin and compliance is required on an ongoing basis unless otherwise noted: a) Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. (Through Completion) b) Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Bui]ding Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clear]y indicate how all Conditions of Approva] will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. ApplicantlDeveloper will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. (Required prior to issuance of Bui]ding Permits) c) Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. (Required prior to issuance of building permits) d) Addressing. Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. (Required prior to Occupancy) e) Occupancy Separation. A minimum one- hour occupancy separation shall be installed between this tenant space and the adjacent tenant space. (Required prior to issuance of building permits) f) Restrooms and Accessibility. Project site and the tenant space shall be made accessible and meet all requirements of Chapter I IB for existing buildings and the number of restrooms provided shall meet the appropriate code and shall be made accessible per chapter lIB of the Dublin Building Code. (Required prior to issuance of building permits) 12) Public Safety (Police). The following conditions are required by Dublin Police Services and compliance is required on an ongoing basis unless otherwise noted: a) Safe, Clean and Litter-Free. Both the applicant and property owner shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. b) Security. The Applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. c) State Licensing. The Applicant must be licensed by and comply with all State of California Community Care Licensing requirements. d) Business License. The Applicant must apply for a City of Dublin business license and a copy of the approved State of California Community Care License must be submitted with the application. e) Emergency Response. The Applicant shall complete a "Business Site Emergency Response Card" and deliver it to Dublin Police Services prior to occupancy. 13) Public Safety (Fire). The following conditions are required by the City of Dublin Fire Prevention Bureau and compliance is required on an ongoing basis unless otherwise noted: a) Provide a fire alarm system throughout the tenant space in accordance with CBC 30S.9.1. The system shall be tied into the sprinkler monitoring system for the building. b) Exit signs and emergency lighting shall be provided as required by the CBC chapter 10. c) If key locking hardware is used on the main door, provide a sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS. Otherwise the exit doors shall be openable from the inside without special knowledge or effort and have lever or panic hardware. CBC 1003.3.1.8 d) Provide 2AIOBC fire extinguishers, in locations approved by the Fire Department, in the space. An approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. CFC 1002 e) The sprinkler system shall be modified as necessary to provide protection for the tenant improvement. Submit detailed shop drawings to the Fire Department for approval and permit prior to installation. A separate permit fee is required. NFP A 13 f) Provide a Knox box at the main entrance to the space. The Knox box shall contain a key that provides access to the tenant space. Order forms for the Knox box are available at the fire prevention office at the address above. The key can be placed in the box during the Fire Department inspection. CFC 902.4 g) Approved address numbers shall be placed on the space in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall be placed on a contrasting background. CFC 901.4.4 h) The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin. (Through completion). PASSED, APPROVED, AND ADOPTED this 26th day of July 200S. AYES: Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg NOES: ABSENT: ABSTAIN: ff§~ðh~ Planning Commission Chairperson ATTEST: Pl~anager G:IP A#\2005\05-031 Sierra Day ProgramIPC Reso.doc