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06/19/1995 PC Agenda
t., _; PLANNING COMMISSION Regular Meeting-Dublin Civic Center Monday-7:30 p.m. • 100 Civic Plaza,Council Chambers June 19,1995 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETINGS-May 15,1995 6. ORAL COMMUNICATION-At this time,members of the audience are permitted to address the Planning Commission on any item(s)of interest to the public;however,no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed,or may request Staff to report back at a future meeting concerning the matter. Furthermore,a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Director(no later than 11:00 a.m.,on the Tuesday preceding a regular meeting)to have an item of concern placed on the agenda for the next regular meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 95-012-Mar¢-ett Arts and Crafts Fairs-Conditional Use Permit approval request to allow the operation of two separate arts and crafts fairs at the Dublin Plaza Shopping Center,located at 7117-7333 Regional Street on July 13-16,and December 7- 10.1995. 8.2 PA 95-017 A Creative Playschool -Conditional Use Permit for a day care center in a single family home that will have a maximum student attendance of 30 children,ages 2 through 5 years. The Center will operate Monday through Friday from 7:00 A.M.to 6:30 P.M. 9. NEW OR UNFINISHED BUSINESS 9.1 Review of 1994-1999 Capital Improvement Program(CIP) 9.2 PA 95-021 Conformity of location,purpose and extent of disposition of real property owned by the Alameda County Surplus Property Authority with the Dublin General Plan. This report is required by the Government Code,Section 65402(b),whenever a county wishes to dispose of land. Alameda County has determined this land to be surplus and will dispose of it for residential development purposes consistent with the Dublin General Plan. 10. OTHER BUSINESS(CommissioNStaffInfornational Only Reports) 11. ADJOURNMENT (OVER FOR PROCEDURE SUMMARY) CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 19, 1995 TO: Planning Commission FROM: Planning Staff Ef , PREPARED BY: Sharon Young, Planning Intern L7 SUBJECT: PA 95-012 Marq-ett Arts and Crafts Fair CUP GENERAL INFORMATION: PROJECT: Conditional Use Permit request to allow the operation of two arts and crafts fairs at the Dublin Plaza Shopping Center on July 13-16 and December 7-10 , 1995. APPLICANT: Marietta Lewis Marq-ett Arts and Crafts Shows 1377 Wylie Way San Jose, CA 95130 PROPERTY OWNERS: Sanwa Bank of California P.O. Box 54138 Los Angeles, CA 90054 Joint Venture c/o The Cortana Group 800 El Camino Real #175 Menlo Park, CA 94025 Jeffrey Sandelman Albertsons Inc. 733 P.O. Box 20 Boise, ID 83726 Johnson Chamberlain WMMIG 14 Commercial Boulevard #125 Novato, CA 94949 LOCATION: 7201-7333 Regional Street ASSESSOR PARCEL 941-305-14-2 , 16 , 17-1 , 21 NUMBERS: TOTAL PARCEL SIZE: 8 . 83± acres GENERAL PLAN Retail/Office DESIGNATION: ITEM NO. I COPIES TO: Applicant, Property Owner, Address File PACE 1 i,' DOWNTOWN SPECIFIC Zone 6: Central Block West Retail PLAN DESIGNATION: EXISTING ZONING C-1, Retail Business District; AND LAND USE: Retail Shopping Center SURROUNDING LAND The properties to the north, south, east and west USE AND ZONING: are zoned C-1,(Retail Business) District with retail commercial uses. ZONING HISTORY: Since November 13, 1984, twenty-one (21) separate arts and crafts fairs have been conducted on this site during the summer and winter months with Conditional Use Permit approvals. The Dublin Planning Commission previously approved PA 94-019 Conditional Use Permit for the Marg-ett Arts and Crafts Fair on June 20, 1994. APPLICABLE REGULATIONS: Section 8-61.0 requires that a Conditional Use Permit be obtained from the Planning Commission for the operation of two separate arts and crafts fairs, for up to four days each, per twelve month period per lot when sponsored by a Dublin based non-profit, non-restrictive civic or service organization, for the sale of handmade or handcrafted items for sale by the original artist. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15304, Class 4(e) of the State CEQA Guidelines. This project involves the minor temporary use of land having negligible or no permanent effects on the environment. NOTIFICATION: Public Notice of the June 19, 1995 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use Permit approval to operate two separate arts and crafts fairs at the Dublin Plaza Shopping Center to be held on July 13-16 and December 7-10, 1995. Approximately 30 to 40 arts and crafts booths with individual artists/craft persons exhibiting their work will be set up along the pedestrian walkway areas stretching from the Albertson's market to the Aaron Brothers Art Marts store. The proposed hours of operation for each fair will be from 9:00 a.m. to 5:00 p.m. This Conditional Use Permit request has been coordinated with and sponsored by the Dublin Plaza Shopping Center Merchants Association. The fairs have not created any special problems for the existing commercial retail tenants at the shopping center. The City has no record of any zoning violations associated with the previous fairs operated by the Applicant. Previous approvals have allowed the exhibitors to sleep overnight in their recreational vehicles (RVs) in the shopping center parking lot. The Commission has permitted overnight use of the RVs with the number and location subject to review and approval by the Planning Director. Since there is no record of any problems occurring from the RVs staying overnight, Staff has included the same provision in the Draft Resolution, Exhibit B. The project has been reviewed by other City departments and their comments are included as Conditions of Approval in the draft Resolution. Due to potential theft problems at these types of events, Dublin Police suggest that private security patrol services be provided at all times during the events. Staff recommends approval of the Applicant's Conditional Use Permit request to allow two separate 4-day arts and crafts fairs at the Dublin Plaza Shopping Center during the months of July and December 1995. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt the Resolution approving the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft Resolution, Exhibit B, approving Conditional Use Permit PA 95-012 Marg-ett Arts and Crafts Fair. To approve the project as presented, a Planning Commissioner may make a motion such as: I move to adopt the Resolution approving the Conditional Use Permit for PA 95-012, Marg-ett Arts and Crafts Fair. ATTACHMENTS: Exhibit A: Site Plan Exhibit B: Draft Resolution approving PA 95-012 Conditional Use Permit Background Attachments: Attachment 1: Location/Zoning Map Attachment 2: Dublin Plaza Merchants Association Agreement dated May 11, 1995. Attachment 3: Dougherty Regional Fire Authority (DRFA) Outdoor Assembly Guide w t /J 74 o _ fr � �cPl Sd.t/ 5 a MK7- m ,, R E s Tautt�,3r rn Z a a y, XiCLeANEzs 1 (T rn ~ �F4IANd'Z y �'(S �1 Z c>�t� r�ro 4 S �7arI gRrS $$ h b Q. ma's T P 0 a 1,1 0. �h oTa D A , e6 h op ME z T vc'Z\X. l N-11 k Aiz 1 v / (Am 7T1XQ .,-pr 3S St7Ado( a I C b 0 A • Li V g vata13 39/1 pa?tiA 5a,316° ilcLbl & EXHIBITA E— rv,„vM_, ,n,A ^ ,3 ECEIVED 995 7a7U-13 iliQ- RESOLUTION NO. 95 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 95-012 MARG-ETT ARTS AND CRAFTS FAIR CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO SEPARATE, FOUR DAY ARTS AND CRAFTS FAIRS WITHIN THE DUBLIN PLAZA SHOPPING CENTER LOCATED AT 7201-7333 REGIONAL STREET WHEREAS, Marietta Lewis and the Dublin Plaza Shopping Center Merchants Association request approval of a Conditional Use Permit to allow two separate, four-day arts and crafts fairs at the Dublin Plaza Shopping Center (7201-7333 Regional Street) on July 13-16 and December 7-10, 1995; and WHEREAS, the Planning Commission held a public hearing on said application on June 19, 1995; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15304, Class 4(e) of the State CEQA Guidelines; and WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended, provides for the operation of arts and crafts fairs for up to two separate events of a maximum of four days each during a twelve month period through the Conditional Use Permit process; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The two Marg-ett Arts and Crafts Fair events will serve the public need by providing an opportunity for the community to see and purchase specialty handmade and handcrafted items not typically available elsewhere in the community. B. The proposed uses will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed arts and crafts fair use will have the same impacts as commercial uses permitted in the C-1, Retail Business district. C. The proposed uses, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. EXHIBITS D. The proposed uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 95-012 Conditional Use Permit application as generally depicted on the plans labeled Exhibit A, stamped approved and on file with the Dublin Planning Department and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval . The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. IPLI Planning, IBl Building, fP01 Police, fPWI Public Works . (ADM1 Administration/City Attorney, (FIN' Finance, (F1 Dougherty Regional Fire Authority, (DSR1 Dublin San Ramon Services District, fCOI Alameda County Department of Environmental Health. 1 . This Conditional Use Permit approval is to allow two separate arts and crafts fairs for four days each (July 13-16 and December 7-10 , 1995) in the Dublin Plaza Shopping Center located at 7201- 7333 Regional Street. This approval shall generally conform to the site plan labeled Exhibit A, dated received by the Planning Department on May 11 , 1995. [PLI 2 . The items sold at the fairs shall be restricted to handmade or handcrafted items produced by the original artist. The density of the display setups shall be graphically portrayed on an exhibit prepared by the Applicant and submitted for review and approval by the Dublin Planning Department and the Dougherty Regional Fire Authority a minimum of four working days prior to the event. Displays shall not be set up in such a manner that pedestrian traffic is shifted into the adjoining driveway/fire- lane aisles. fPL, PO, Fl 3 . The display areas shall not obstruct pedestrian movement on the sidewalk, block fire protection appliances or fire lanes and display areas shall be kept clear of all store entrances. f_ PL, PO, F] 4 . All arts and crafts vendors/exhibitors shall comply with the Dougherty Regional Fire Authority (DRFA) Outdoor Assembly Guide (Attached) (F1 . 5 . Signage is restricted to a maximum of two 24 square foot portable signs. Said signacre shall not be located within the public right-of-way. Temporary no-parking/no-stopping signs shall be posted along the curb line. [PL1 'l Il 6. Any trash or litter resulting from the arts and craft fair events shall be completely removed by the Applicant and the vendors/exhibitors immediately after commencement of each event. [PL] 7. No art or craft items shall be left unsecured on the premises overnight. [PL, PO] 8. The Applicant shall submit a Certificate of Insurance naming the City of Dublin as Certificate Holder and additional insured in the amount of one million dollars to the Dublin Planning Department prior to conducting the fairs. [PL] 9. Assigned recreational vehicle parking for the arts and crafts fair exhibitors shall be provided on the premises with the number and location subject to review and comment by the Dublin Plaza Shopping Center Merchants Association and subject to review and approval by the Dublin Planning Department. Said review shall occur a minimum of two weeks prior to conducting each of the arts and crafts events. [PL] 10. All activities associated with this approval shall be controlled so as not to create a nuisance to the existing retail businesses with the Dublin Plaza Shopping Center. [PL] 11. Security services or private patrol are suggested for each arts and crafts fair event in order to prevent theft problems. [PO] 12. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit may be subject to the issuance of a citation. [PL] PASSED, APPROVED AND ADOPTED this 19th day of June, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 0 Ili ,:.\\\ r yr.•2(./\ . 44T4p,/1 p 11I1h"i pi 0$1,' ti cl! iiik, \ \ 4 : -■ NrllR03Q , \ \ \ , NOS• 1111111P \ \ ./ N .-�- _ � • ��r= I5oIZ0. • vow .____, .u. \\ :0:4 _i.e.// . //// • '• ' P fir . 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I // / / / / /1362 Z.U. /// ///�///� // / // / // /// , , / I / / , / ,/ , / � / / /,, ,,III // A ''i/''//' ' "/ / ,/'�,, ' / /i '/ ' ''/ / / ///////// ////' / / /// // // // ' / / // i /I /I : / r \ ,// /// // ,// ,, ,// ,/ /// /// /// // , / //1 4 � ,' ; 1, 1 ` // ///,/// /// / , /// ,/ /////// ,////// ./ , / /// - � , / / / / /, / // // // // ,/ // / /, .-- AGREEMENT The parties to this Agreement are ,and Marg-ett Shows; Center is the owner or lessor of the premises known as (hereinafter referred to as the"Center"). Marg-ett Shows desires to use a portion of the premises for certain periods of time, for the purposes hereafter specified. The parties agree as follows: I. The type of activity is as follows: 2. The date of the activity is 3. The Center agrees that Marg-ett Shows may use and occupy that portion of the premises which is designated on Exhibit A for the purpose of selling arts and crafts on the dates above specified during the hours of q This location shall not be changed without the prior consent of Marg-ett Shows. dates. 4. Marg-ett Shows will maintain location in a clean condition. 5. Marg-ett Shows shall obtain any and all permits that may be lawfully required by the appropriate governmental authorities with respect to the activities. 6. Marg-ett Shows shall obtain, or has obtained, the following insurance in connection with the activity: '� 7. Any party to this agreement may cancel or terminate this agreement by giving notice t ereof to the remaining parties so long as said 9 C`J notice is given at least )days prior to the first day the activity is set to take place. 8. Ma arg-ett Shows shall agreement, the amount of pay the Center a lump sum in consideration of this receipt of which is hereby acknowledged. IN WITNESS WHEREOF, the day of parties hereto have executed this 19 agreement, this "Center" Marietta Lewis RECEIVED MAY 1 AU advnent '7333 `gllN PLANNIN ) J • • :AtTGS DOUGHERTY REGIONAL FIRE AUTHORITY 9399 Fircrest Lane • San Ramon,Ca 9-1583 //j Office:(510)803-8600 • Fax:(510)803-8630 SERVING DUBLIN 8 SAN RAMON OUTDOOR ASSEMBLY GUIDE PERMIT: A. A permit shall be obtained from the Dougherty Regional Fire Authority prior to engaging in the following activities:Carnivals and fairs,use of compressed gases;open burning;use of parade floats;erection of tents; canopies and temporary membrane structures;and sales booths. FIRE LANES: A minimum of 20 foot clearance shall be maintained on all streets to allow for emergency vehicle access and around the event. Alleys,when,applicable,shall be barricaded and unobstructed to allow for emergency vehicle use. All barriers and blockades used in streets shall not be permanent and if need be,can be easily removed. ELECERKALI A. All electrical wiring must be in good condition with no splices or exposed wires. B. Extension cords must be U.L.listed for indoor/outdoor use. approved multi-gang cords are to be used with more than on nly U.L. C. Extension cords that extend across sidewalks or walkwa s appliance. protected from pedestrian traffic or other h Y must be p ysical damage, D. The extension cord should be of a ground type when servicing grounded appliances or fixtures. ATTACHMENTS � 3 FIRE EvTIN riTIS HER S: A minimum 2A10BC rated fire extinguisher with a current State Fire Marshal service tag must be provided by each vendor who is cooking. The fire extinguisher must be located in an easily accessible location. Mrn , E ED('AS CYLINDER All compressed gas cylinders(CO2,helium,etc.)must be properly secured to prevent them from falling. TENT STRUCTURES: a a.a.. -- A. Shall be flame retardant treated with State Fire Marshal's Seal. B. No open flame devices or hot objects. C. Require 1 -2A10BC fire extinguisher at each structure. D. Flammable and combustible liquids and liquid petroleum gas shall not be stored within a tent structure. COMBUSTIBLE STORAGE: No combustible storage is allowed near any cooking equipment,barbecues or other sources of ignition. FOOD BOOTHS: A. Doors must swing in the direction of egress and be openable from the inside without special knowledge or effort. B. Maximum height of any booth shall not exceed 10 feet. C. With any change in construction,or if any booth exceeds the established guidelines,a plan review must be submitted to the fire department for approval prior to use. 2 v7,3w • • D. All cooking booths and equipment shall be located within the corner section or as close as possible to street intersections. E. Propane(L.P.G.)containers 5 gallon maximum for gas fire barbecue is approved,providing unit is UL approved and secure to barbecue unit. Disconnection of fuel line is not allowed at anytime and/or an exchange of fuel containers at the site. F. A responsible attendant shall be present at all times when a barbecue is fired,etc. G. Final barbecue set-up will be arranged so that the barbecue is surrounded by barriers set five(5)feet away,which can easily be moved for emergency vehicle access. INTERNAL 1\IB TI N P AVER R E : A. Generators shall be isolated from contact with public b fencing enclosure,and 50'-0"from all structures. YPh}sical guards or B. Fuel tanks shall be of adequate capacity to e during normal operation hours. RefuelingP rmit uninterrupted operation shall be conducted only when generator is not in use. C. A minimum of 40BC fire extinguisher shall be provided travel. P ided within 75'-0"of D. Contact Building Departznent for electrical and grounding requirements. a:\odguide 3 r^ _. 3 1 1 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date:June 19, 1995 TO: Planning Commission FROM: Planning Staff PREPARED BY: Jeri Ram,Associate Planner -- SUBJECT: PA 95-017 A Creative Playschool Conditional Use Permit GENERAL INFORMATION: PROJECT: A Conditional Use Permit for a day care center in a single family home that will have a maximum student attendance of 30 children,ages 2 through 5 years. The Center will operate Monday through Friday from 7:00 A.M. to 6:30 P.M. APPLICANT/ PROPERTY OWNER: Janet Zupetz and Dawn Bowen 6837 Amador Valley Boulevard Dublin,CA 94568 LOCATION: 6837 Amador Valley Boulevard ASSESSOR PARCEL: 941-196-006 GENERAL PLAN DESIGNATION: Single Family Residential EXISTING ZONING/ LAND USE: R-1-B-E,Single Family Residential ITEM NO. 2.2, COPIES TO: Applicants/Owners PA/Address File I_ PLANNING COMMISSION STAFF REPORT PA 95-017.A Creative Playschool Conditional Use Permit SURROUNDING LAND USE AND ZONING: North:R-1-B-E, Single Family Residential South:R-1-B-E, Single Family Residential East: R-1-B-E, Single Family Residential West: R-1-B-E, Single Family Residential ZONING HISTORY: Tract 2486: The Final Map for Tract 2486 was filed in Alameda County on May 28, 1964. B.P.1-5299B: The Building Permit for construction of the single family residential unit was issued by Alameda County on September 15, 1966,and had a final inspection on February 10, 1967. V-7733: A variance on side yard fence height was issued on August 23, 1978. APPLICABLE REGULATIONS: Section 8-26.2(a)of the Dublin Zoning Ordinance states that a community facility(which includes a daycare facility,Section 8-20.10)may be permitted as a Conditional use within the R-1 Zoning District. Section 8-94.0 states that conditional uses must be analyzed to determine whether or not the use is required by the public need;2)whether or not the use will be properly related to other land uses,transportation and service facilities in the vicinity; 3)whether or not the use will materially affect the health or safety or persons residing or working in the vicinity;and 4)whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act(CEQA),the State CEQA Guidelines,and the City of Dublin Environmental Guidelines. The Initial Study evaluated issues relating to noise,parking,land use and traffic,among others. It was 2 1/ I PLANNING COMMISSION STAFF REPORT PA 95-017.A Creative Playschool Conditional Use Permit determined that the proposed project will not have a significant effect on the environment. A copy of the proposed Negative Declaration is attached to this report as Exhibit B. NOTIFICATION: Public Notice of the public review period of the Negative Declaration and the June 19, 1995,public hearing was published in the local newspaper,mailed to adjacent property owners,and posted in public buildings. ANALYSIS: The Applicants,Janet Zupetz and Dawn Bowen are requesting a Conditional Use Permit to operate a daycare facility as the primary use within an existing single family residence in an R-1-B-E Single Family Residential Combining District. A Creative Playschool would be located at 6837 Amador Valley Boulevard at the corner of Brighton Drive. (Attachment 1). The proposed daycare use will accommodate a maximum of 30 children,ages 2 through 5 years of age. The Center will operate 7:00 A.M.to 6:30 P.M.Monday through Friday. At maximum capacity,it will have two full time and two part time staff members. The house will be modified internally to provide an additional play area and bathroom facility. The backyard to the Center will be altered by filling in the swimming pool(Exhibit A). Staff reviewed the possible noise impacts of this use on the adjacent homeowners. The backyard play area abuts two residences(Attachment 2). The residence to the north at 6842 Brighton Drive faces on Brighton Drive and therefore its side yard would be adjacent the Center's rear yard. The home to the west,at 6849 Amador Valley Boulevard is oriented in the same direction as the Center. Therefore the two backyards are adjacent each other. As indicated on Attachment 2,no other residence would be abutting the Center.The applicants have noted in their written statement that a maximum of ten children,under staff supervision,will be outside playing at a time(Attachment 3). Staff recommends three Conditions of Approval be placed on the project to control noise and maintain child safety. These Conditions will require that the children remain indoors before 8:30 A.M.;that there be a maximum of ten supervised children in the backyard at any time;and,during pick up periods,children are to remain in either the house or backyard,under supervision, until their parent or guardian arrives. 3 3__' " PLANNING COMMISSION STAFF REPORT PA 95-017.A Creative Playschool Conditional Use Permit The Center will be closed during the evening and weekend hours when most homeowners typically enjoy their rear yards. It should be noted that,if the residence was occupied by a family with children,it is likely that the backyard pool area in the evening and weekend hours would be more noisy than the Center. The Applicants plan to fill in the pool and have backyard supervised play during the non-weekend daytime hours. Four employee parking spaces will be provided on-site;two within the existing garage and two on the driveway. Additionally,concrete will be poured adjacent the driveway and the path to the house to provide a parking space for parents who may wish to visit the Center for an extended time. A Creative Playschool will be located on a corner lot,at Amador Valley Boulevard and Brighton Drive. Adequate parking exists on the street adjacent the Center for at least three parking spaces. These spaces are conveniently located for parents to pick-up or drop-off their children at the Center. A Creative Playschool would be in proximity to three schools in the area(Attachment 1). It would, therefore,be convenient for parents with older children attending the neighborhood schools. Additionally,the corner location is beneficial for access and parking. The legislature of the State of California has adopted laws to encourage child care centers in residential areas. It is a public policy of the State of California to provide child care facilities in the same type of environment as the regular home setting. Additionally, the City's Zoning Ordinance recognizes that daycare facilities in residential areas are compatible with the intent of the various residential zoning districts in the City. There are many licensed daycare facilities in the City of Dublin. The City's Code Compliance Officer did not report any complaints within the last two years on any of the licensed daycare facilities in the area surrounding the project. There have been some complaints from citizens regarding traffic at Amador Valley Boulevard and Brighton Drive,especially during the morning preschool hours. Presently traffic is controlled by a stop sign on Brighton Drive at Amador Valley Boulevard. The City commissioned a study in 1994 to see if the intersection should be further improved with an additional stop sign on Amador Valley Boulevard. The Study found that the traffic and accident rates at that intersection did not"warrant" improvements. Traffic would have to more than double on Brighton before the traffic "warrant"would be met. Staff evaluated the increase of traffic that would occur at maximum capacity of the daycare center(if everyone arrived within the same time period). The increased trips would not approach the number of trips required for Staff to recommend an additional stop sign on Amador Valley Boulevard. A traffic study performed for this project determined that the project should contribute$1,490.00 towards future traffic improvements in the area. The Applicant has voluntarily agreed to pay that amount. 4 q : V PLANNING COMMISSION STAFF REPORT PA 95-017,A Creative Playschool Conditional Use Permit The Applicant is currently applying for the necessary licensing from the State Department of Social Services for the proposed large daycare use. Conditions are included in the draft Resolution(Exhibit D)requiring continued verification of appropriate licensing and yearly participation in a Child Abuse Prevention Program approved by Dublin Police Services. The proposed daycare use is in conformance with all applicable regulations of the Zoning Ordinance and the General Plan. This project has been reviewed by other City departments and affected agencies,and their comments have been incorporated into the draft Resolution. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear staff presentation. 2) Take testimony from the Applicant and the public. 3) Question Staff,Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution approving the Negative Declaration for PA 95-017,A Creative Playschool Project 6) Adopt Resolution approving PA 95-017, A Creative Playschool Conditional Use Permit,or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft Resolutions approving the Negative Declaration(Exhibit C)and Conditional Use Permit(Exhibit D)relating to PA 95-017. To approve the project as presented,a Planning Commissioner may make a motion such as: 1 move to adopt the Resolutions approving the Negative Declaration and Conditional Use Permit for PA 95-017,A Creative Playschool. ATTACHMENTS: Exhibit A: Project Plans Exhibit B: Negative Declaration Exhibit C: Resolution Approving Negative Declaration Exhibit D: Resolution Approving Conditional Use Permit 5 Y PLANNING COMMISSION STAFF REPORT PA 95-017.A Creative Playschool Conditional Use Permit Background Attachments: Attachment 1: Area Location Map Attachment 2: Location Map Attachment 3: Applicant's Written Statement G:\PA95017\stf6-19 6 I S �� �✓� - 7 _9 U"! N-9 A IN ai 9661 Q c t1 L 1cn-S� aani 3 H i yore OA 7 ,5/ - 97 7 dil alOC1 V41 V N IN IOL �76�JS a�7�-s ���-�n �podN�✓F/ L�P9 0 o i-77�aI2s S 41 oo'Y //ii v 71N-J FYY .ANNVW NI-lui (13A13D3If I-v100 ,V I M Q L"=v Pao Z00a „04 IRIS L O£ 4 eev Midi -�'� rnop c� vo�a j >< � Ir04 W � U 00-M i/ I cJ� aJaj)N0-) xa0XV0.? FAN'OVL-9 MOpwlti ?J00� n 9L NIP v _ a to jd s Q3i ova_ vo (n1 „9,l1 4J°°v V yooy pacd o �j [�� 1�1' 104 Ll x IIN;�MI .�111,�Oprvl/11,1� 1,1� „0/ I F � Tlyl +� a IaNlnoo ryo 15v _ate a, c 01 ------------------- 7 �I i t� 61 O 0 J i I1�1 Ot -vood II�G.i"ia *a l b h 1 ^ N I „4 MOONIM ,�, — a'00a 91YI917S I'ylc i :;5 7 O� 79 -- 9 IV/1 vOUd4lil z1Y99 NEGATIVE DECLARATION (Prepared pursuant to City of Dublin Environmental Guidelines, Section 1.7(c) , 5.5) Project Description: A request for a licensed daycare center for up to thirty (30) children between the ages of 2 years to 5 years, operating Monday through Friday between 7:00 a.m. - 6:30 p.m. Project Location: 6837 Amador Valley Boulevard Name of Proponent: Janet Zupetz, Dawn Bowen I hereby find that the above project will not have a significant effect on the environment. Attached is a copy of the Initial Study ("Environmental Information Form" and "Environmental Checklist") documenting the reasons to support the above finding_ Cf v ignature Laurence L. Tong Printed Name Planning Director Title May 31,1995 Date Attachments Date Published: Date Posted: Date Notice Mailed: Considered by: On: Action on Negative Declaration: Approved Disapproved Notice of Determination filed: Council Resolution No. EXHIBIT 3 INITIAL STUDY (ENVIRONMENTAL CHECKLIST FORM) (Completed pursuant to City of Dublin Environmental Guidelines, Section 1.6) APPLICATION NO.: PA 95-017 A Creative Playschool I. BACKGROUND 1. Name, Address and Phone Number of Proponent:_ Janet Zupetz 5525 Old School Road, Pleasanton. CA 94588 Dawn Bowen 6837 Amador Valley Boulevard, Dublin, CA 9.4568 (510) 248-1686 2. Agency Requiring Checklist: City of Dublin 3. Name of Proposal, if applicable: A Creative Playschool 4. Description of Project: Licensed daycare center for up to thirty (30) children between the ages of 2 years to 5 years, operating Monday through Friday between 7:00 a.m. - 6:30 p.m. II. ENVIRONMENTAL IMPAL2S (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 1. EARTH. Will the proposal result in: X 1,3 a. Unstable earth conditions or in changes of geologic substructures? X 1,3 b. Disruptions, displacements, compaction or over covering of the soil? X 1,3 c. Change in topography or ground surface relief features? X 1,3 d. The destruction, covering or modification of any unique geologic or physical features? X 1,3 e. Any increase in wind or water erosion of soils, either on or off the site? X 1,3 f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition, or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X 1,3 g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 2. AIR. Will the proposal result in: X 1,3 a. Substantial air emissions of deterioration of ambient air quality? X 1,3 b. The creation of objectionable odors? X 1,3 c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X 1,3 d. Construction or alteration of a facility within one-fourth of a mile of a school which might emit hazardous air emissions? If Yes, school district must be consulted and must be given written notification of the project not less than 30 days prior to approval of EIR or Negative Declaration (Pub. Res. Code 21151.4) . 3. WATER. Will the proposal result in: X 1,3 a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? 2Refer to appropriate note on page 8 -2- 5 ICI II. ENVIRONMENTAL IMPA�2S (See Part III for discus..ion of environmental topics) YES MAYBE NO SOURCE2 X 1,3 b. Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X 1,3 c. Alterations to the course or flow of flood waters? X 1,3 d. Change in the amount of surface water in any water body? X 1,3 e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? X 1,3 f. Alteration of the direction of rate of flow of ground waters? X 1,3 g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X 1,3 h. Substantial reduction in the amount of water otherwise available for public water supplies? X 1,3 i. Exposure of people or property to water related hazards such as flooding or tidal waves? 4. PLANT LIFE. Will the proposal result in: X 1,2,3 a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X 1,2,3 b. Reduction of the numbers of any unique, rare or endangered species of plants? X 1,2,3 c. Introduction of new species of plants in a barrier to the normal replenishment of existing species? X 1,2,3 d. Reduction in acreage of any agricultural crop? 5. ANIMAL LIFE. Will the proposal result in: X 1,2,3 a. Change in the diversity of species, or numbers of any species of animals (birds, 2Refer to appropriate note on page 8 -3- 4 iW II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 land animals including reptiles, fish and shellfish, benthic organisms or insects)? X 1,2,3 b. Reduction of the numbers of any unique, rare or endangered species of animals? X 1,2,3 c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X 1,2,3 d. Deterioration to existing fish or wildlife habitat? 6. NOISE. Will the proposal result in: X 1,2 a. Increases in existing noise levels? X 1,2,3 b. Exposure of people to severe noise levels? X 1,2,37. LIGHT AND GLARE. Will the proposal produce new light or glare? X 1,2,38. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. NATURAL RESOURCES. Will the proposal result in: X 1,2,3 a. Increase in the rate of use of any natural resources? X 1,2,3 b. Substantial depletion of any non-renewable natural resource? 10. RISK OF UPSET. Will the proposal involve: X 1,2,3 a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X 1,2,3 b. Possible interference with an emergency response plan or an emergency evacuation plan? X 2 11. POPULATION. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 1,2,312. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? 2Refer to appropriate note on page 8 -4- 6 ItI II. ENVIRONMENTAL IMPALTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: X 1,2,3 a. Generation of substantial additional vehicular movement? X 1,2,3 b. Effects on existing parking facilities, or demand for new parking? X 1,3 c. Substantial impact upon existing transportation and traffic systems? X 1,2,3 d. Alterations to present patterns of circulation or movement of people and/or goods? X 1,2,3 e. Alterations to waterborne, rail or air traffic? X 1,3 f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas? X 1,2,3 a. Fire protection? X 1,2,3 b. Police protection? X 1,2,3 c. Schools? X 1,2,3 d. Parks or other recreational facilities? X 1,2,3 e. Maintenance of public facilities, including roads? X 1,2,3 f. Other governmental services? 15. ENERGY. Will the proposal result in: X 1,2,3 a. Use of substantial amounts of fuel or energy? X 1,2,3 b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? 2Refer to appropriate note on page 8 -5- PAGE�Q '`,(` II. ENVIRONMENTAL IMPALTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 16. UTILITIES. Will the proposal result in a need for new systems or substantial alterations to the following utilities: X 1,2,3 a. Power or natural gas? X 1,2,3 b. Communications systems? X 1,2,3 c. Water? X 1,2,3 d. Sewer or septic tanks? X 1,2,3 e. Storm water drainage? X 1,2,3 f. Solid waste and disposal? 17. HUMAN HEALTH. Will the proposal result in: X 1,3 a. Creation of any health hazard or potential health hazard (excluding mental health)? X 1,3 b. Exposure of people to potential health hazards? X 1,3 18. AESTHETICS. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 2,3 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. CULTURAL RESOURCES. X 1,2,3 a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X 1,2,3 b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric, historic, or architecturally significant building, structure, or object? X 1,2,3 c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X 1,2,3 d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 2Refer to appropriate note on page 8 FACE 7 O� -6- • II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 21. MANDATORY FINDINGS OF SIGNIFICANCE. X 1,2,3 a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X 1,2,3 b. Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). X 1,2,3 c. Does the project have impacts which are individually limited but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). X 1,2,3 d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X 1,2,3 22. EIR REQUIRED BY STATUTE. Does the project involve construction of any facility which burns municipal waste or refuse-derived fuel? NOTE: If the answer is yes, then an EIR must be prepared and certified under Public Resources Code Section 21151.2(a) unless subsections (b) and (c) make that section inapplicable. 2Refer to appropriate note on page 8 -7- ' II. ENVIRONMENTAL IMPACTS (See Part III for discussion of environmental topics) YES MAYBE NO SOURCE2 III. DISCUSSION OF ENVIRONMENTAL EVALUATION (See attached statement) IV. DETERMINATION On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. I find that State statute requires that an ENVIRONMENTAL IMPACT REPORT be prepared and certified. Associate Planner Si nature Title Jeri Ram May 30,1995 Printed Name Date (1) Determination based on location of project. (2) Determination based on staff office review. (3) Determination based on field review. (4) Determination based on the City of Dublin General Plan. (5) Determination based on the City of Dublin Zoning Ordinance. (6) Determination based on Specific Plan. (7) Not applicable. (8) /initial.study 2Refer to appropriate note on page 8 -8- PAGER or 111 ISSUES FOUND NOT TO BE SIGNIFICANT The following issues have been found not to be significant as is indicated by a "No" response on the Environmental Checklist. The development will not produce significant adverse impacts for the following reasons: 1. Earth, Water, Plant & Animal Life, and Natural & Cultural Resources: The project is a daycare center that will be located in an existing single family residence in a developed urban area. No new construction or other physical changes that would impact the earth, water, plant and animal life, or natural and cultural resources is anticipated on the project site. Therefore, as noted in the initial study checklist form, under the topic of Earth, items a through g will not be significantly impacted; under the topic of Water, items a through d will not be significantly impacted; under the topic of Plant Life, items a through d will not be significantly impacted; under the topic of Animal Life, items a through d will not be significantly impacted; under the topic of Natural Resources, items a and b will not be significantly impacted; and under the topic of Cultural Resources, items a through d will not be significantly impacted. 2. Air: It is not anticipated that the project will substantially deteriorate ambient air quality from the additional traffic generated from the daycare center. This is due to the facility's limited hours of operation and staggered time periods in which children are picked-up or dropped-off from the facility. The project will not result in the creation of objectionable odors or the alteration of climatic changes regionally or locally. The project will not involve the emission of hazardous materials into the environment. Therefore, as noted in the initial study checklist form, under this topic, items a through d will not be significantly impacted. 3. Noise: The project will not increase existing noise levels significantly or expose people to severe noise levels. The applicant will not use the single family residential housing unit as a residence and therefore the house will be vacant evenings and weekends. On the weekdays, noise levels are controlled as there will be no more than ten (10) children, under adult supervision, playing outside at any given time. This will minimize any disturbances to residential homes directly adjacent to the daycare center. Therefore, as noted in the initial study checklist form, under this topic, items a and b will not be significantly impacted. 4. Light and Glare: The project will not produce new light or glare. The applicant has indicated that the exterior of the building will retain its residential character as to blend in with the existing residential homes in the neighborhood. No additional external lighting is proposed. 5. Land Use: The daycare center will be in an existing single family residential housing unit between the operating hours of 7:00 a.m. to 6:30 p.m., Monday-Friday. The exterior of the house will look like a residential unit. The use will not alter the planned land use of the neighborhood because these uses are permitted to be located in residential neighborhoods with a conditional use permit. 6. Risk of Upset: The project will not involve a risk of an explosion or the release of hazardous materials since no hazardous substances will be on the project site. In addition, the project will not interfere with emergency response plans or emergency evacuation plans since the project does not physically impact adjacent streets in the event of an emergency. Therefore, as noted in the initial study checklist form, under this topic, items a and b are not significantly impacted. 7. Population: The project will not significantly alter the overall density, location, distribution, or growth rate of the human population in the area. The project will only increase the number of people in the area between the daycare facility's operating hours of 7:00 a.m. to 6:30 p.m., Monday-Friday. 8. Housing: The project will not significantly impact existing housing or create a demand for additional housing in the area. The project is intended to serve the existing residents in the neighborhood and remain a single family residential housing unit. 9. Transportation/Circulation: The project will not result in significant impacts to the transportation and circulation system from the generation of additional vehicular movement, demand for parking, and modifications to existing traffic systems. The applicant has paid a Traffic Impact Fee (TIF) of $1,490 to fund improvements along Dublin Boulevard, Village Parkway, and Amador Valley Boulevard based on the City of Dublin Capital Improvement Program. Adequate parking is available on Brighton Drive and Amador Valley Boulevard to pick-up or drop-off children. As specified on the site plan, there will be two (2) garage spaces for full-time staff and three (3) parking spaces reserved for part-time staff parking and parent conference parking in the driveway.(See Attachment A) Therefore, in the initial study checklist form, under this topic, there will not be significant impacts under items a through f. 10. Public Services: The project is a daycare center in an existing residential home and will not have an effect upon or create a need for new or altered governmental services in the areas of fire protection, police protection, schools, maintenance of public facilities (including roads), parks or other recreational facilities, or any other governmental services. 11. Energy and Utilities: Child daycare centers do not use substantial amounts of fuel or energy. Therefore, the project PAGE IL GI will not increase the demand upon existing sources of energy or require the development of new sources of energy. The project will not result in a need for new systems or substantial alterations to the following utilities: (a) power or natural gas, (b) communication systems, (c) water, (d) sewer or septic tanks, (e) storm water drainage, or (f) solid waste and disposal. This is because the project is a daycare facility, located in an urbanized area, with sufficient utility services to meet the demands resulting from the project. 12. Human Health: Because the project is a daycare facility, it will not create or expose people to any potential health hazards. 13. Aesthetics: The project will not result in the obstruction of any scenic vista or view open to the public or the creation of an aesthetically offensive site open to public view since the project is located in an existing single family residence and no new construction is involved. 14. Recreation: The project will not result in an impact upon the quality or quantity of existing recreational opportunities. The applicant has indicated that recreational activities will take place in the backyard of the daycare center. N0(Z 1 H Poo L -70 I 14 _ R cA2 E /VCc L J l� '+v � React �6�Ouo2 e I V 6PnnGP � � poJrz Oi � Iv erne,oO e^<C ; I� 0 717 33� �4/(g i [ LC '-- 1C L D SC4ZC RECEI Eft, n 0 199� � i IN LA NINE k cC \ VlS��/ 1044 Al 6h3 17 L,1111Z,� d , SCALE O -s(- /%IAv6 OooR _._S" WiNpoW fl3 �Nk �cY th,� - 2„ I � � j 'p (oaS C—`D V(= RSI ON %2 BAT N L6je (AR 21' DOOR a J i rr ;o,,l t — � A $eA (I0or, Roo m T Poop T E 1 01 ¢ M' jo tc x w'I N,- M C=oPT Z Q IX-elO 1 vGT ooN N 0 0 Ilu 51 nvon Z "r 6edgoom ,b 2 ' 3 !/ J v/ DOOR wrNoow 1-71,..'TllefNtl� Conx�cre 50 L _ 100a 2 T — W I-0OLA, i/ 0/0pSCp Cr'.SE o3/?c= C�tirG /t �;)o 117 RESOLUTION NO.95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE PERMIT WHEREAS,Janet Zupetz and Dawn Bowen,submitted an application requesting approval of a Conditional Use Permit for the operation of a daycare facility,for a maximum of 30 children,as the primary use within an existing single-family residence in an R-1-B-E, Single Family Residential Combining District,located at 6837 Amador Valley Boulevard,and WHEREAS,the California Environmental Quality Act(CEQA),together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared;and WHEREAS,an Initial Study was conducted finding that the project,as proposed,would not have a significant effect on the environment;and WHEREAS,a Negative Declaration has been prepared for this application and is on file in the City of Dublin Planning Department;and WHEREAS,the Planning Commission did review and use their independent judgment to consider the Negative Declaration at a public hearing on June 19, 1995;and WHEREAS,proper notice of said public hearing was given in all respects as required by law. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. A Creative Playschool Daycare Conditional Use Permit project will not have a significant effect on the environment based on review of the Initial Study and public testimony. B. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. C. The Negative Declaration is complete and adequate. EXHIBIT c - z, RESOLUTION NO.95- PAGE TWO OF TWO NOW,THEREFORE BE IT FURTHER RESOLVE THAT THE Dublin Planning Commission does hereby adopt the Negative Declaration for PA 95-017, A Creative Playschool Conditional Use Permit Project. PASSED,APPROVED AND ADOPTED this 19th day of June, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director (g:\pa#\1995\017\NDreso) Iv RESOLUTION NO.95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY FACILITY)IN AN R-1-B-E,SINGLE FAMILY RESIDENTIAL COMBINING DISTRICT AT 6837 AMADOR VALLEY BOULEVARD WHEREAS,Janet Zupetz and Dawn Bowen submitted an application requesting approval of a Conditional Use Permit for the operation of a daycare facility,for a maximum of 30 children,as the primary use within an existing single-family residence in an R-1-B-E, Single Family Residential Combining District,located at 6837 Amador Valley Boulevard;and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act(CEQA)and a Negative Declaration has been adopted (Planning Commission Resolution No.)for this project as it will have no significant effect on the environment;and WHEREAS,the Planning Commission held a public hearing on said application on June 19, 1995;and WHEREAS,proper notice of said public hearing was given in all respects as required by law; and WHEREAS,the Staff Report was submitted recommending that the application be conditionally approved;and WHEREAS,the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to evaluate the project. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The operation of the day care facility will serve a public need by providing day care in a residential neighborhood,in a convenient location. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity,as the Center will maintain the residential character of the residence. A Creative Playschool is located on a corner lot and has convenient parking. A traffic study was performed for the project and the applicants have agreed to contribute their fair share of traffic impact fees. EXHIBIT 1D C. The use,under all circumstances and conditions of this particular use, will not materially adversely affect the health of safety of persons residing or working the vicinity,or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood,as all applicable regulations will be met. D. The use is consistent with the specific intent clauses or performance standards established in the R-1-B Zoning District. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 95-017 A Creative Playschool Conditional Use Permit application as generally depicted by materials labeled Exhibit A,stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise,all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use,and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. fPL.1 Planning, FBI Building, fPO1 Police,fPWI Public Works fADM1 Administration/City Attorney. [FIN}Finance,IF]Dougherty Regional Fire Authority, JDSR1 Dublin San Ramon Services District, fCO1 Alameda County Department of Environmental Health. 1. This Conditional Use Permit approval for PA 95-017 is to allow the operation of a daycare facility at 6837 Amador Valley Boulevard in an R-1-B-E Single Family Residential Combining District. This approval shall generally conform to the plans stamped approved,labeled Exhibit A,consisting of a Site plan and a Floor Plan dated received by the Planning Department May 30, 1995. [PL] 2. The maximum number of children present at the day care facility at any one time shall not exceed 30. [PL] 3. The day care shall operate Monday through Friday between the hours of 7:00 a.m.and 6:30 p.m.and shall be closed on the weekends. [PL] 4. Prior to receiving a business license,the applicant shall make all improvements indicated on the site plan and floor plan,including but not limited to filling in the swimming pool, extension of the driveway,and construction of an additional bathroom. 5. Prior to receiving a business license,the applicant shall make all necessary improvements for an E Occupancy in conformance with the Uniform Building Code. r;c 6. Prior to receiving a business license,applicant shall: a. Provide a fire alarm system as per California Code of Regulations Section 3200 and 32004; b. Provide one 2A10BC Fire Extinguisher; c. Provide smoke detectors in all bedrooms and hallways per the 1991 U.B.C. 7. Children sounds shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. No outside activities may take place before 8:30 a.m. [PL,PO] 8. The operator of the Center shall require that children remain either inside the Center or in the backyard for pickup by their parent or guardian. [PL,PO] 9. There shall be a maximum of 10 children at a time in the backyard of the Center. When children are in the backyard they shall be supervised by a Center employee at all times. 10. Prior to the establishment of this use,the operator shall submit a copy of the State Department of Social Services License Permit for the operation of a day care. [PL] 11. On a continuous basis,the Applicant shall provide the City of Dublin Planning Department with a current day care operating license issued by the State of California Department of Social Services. 12. The day care director shall,at the minimum of a once-a-year basis, make arrangements to have the Dublin Police Services Child Abuse Prevention Program,or an equivalent program approved by Dublin Police Services,presented to the Staff and children attending the facility. A certification of the presentation of such a program shall be presented to the Planning Department on a yearly basis. [PL,PO] 13. This use shall comply with all applicable Planning,Building,Dougherty Regional Fire Authority,Police Department,Dublin San Ramon Services District and State of California Department of Social Services regulations and ordinances. [PL, B,F,PO,DSR] 14. This approval shall be null and void in the event the approved use fails to be established within one year,or ceases to operate for a continuous one-year period. [PL] 15. No further modifications to the site or exterior portion of the residence shall be done without prior review and approval of the Planning Director and must comply with all applicable zoning,building code and engineering regulations including issuance of building permits. [PL, B] 16. Any signage on the site shall be subject to the City's Sign Ordinance. [PL] 5 17. The Applicant shall be responsible for cleanup and disposal of project related trash in order to maintain a clean and litter free site. [PL] 18. Two parking spaces in the existing garage and two parking spaces in the driveway shall be reserved for employee parking. [PL] 19. At any time during the effectiveness of this approval,the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] 20. Prior to issuance of building permits,Applicant shall voluntarily pay the traffic improvement funds. PASSED,APPROVED AND ADOPTED this 19th day of June, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director (g:pe#11995\017\cupreso) 4 L AREA LOCATION MAP E_-_-_j____/j)`� 45, ' 14 ` dF I ; ,4,),x, , ohlsuw • oc%,\y \\,...:, ,...i. i 1 .--.'--• - 1 ill 4. ' j."-1• '• ...• N.. " ''' . ,‘‘ •.\,, 2.c\\ • / \-< uv • .4 e: c•� i _ .r....___.I ...VOW, 1...... ...„ t. i j = '1 -1 F.EOERIKXw �S I I! . **/ / I EtE"CwrU�Y /�� 1 ry , ................74,\. ..:: No), r., .0.4. \ ;.e././...r.M.---- 11.•••C• I. • ,. _ "‹.. ‘ ‘.„../‹. , ././A :. 1— L.7----'- ci4-_--111t_ii ` �\. ," ({ / ' �•� h f \ /4\)all;•,.' ,IN." ... ........°"<<:.s,,.\'-\‘,... \,....... „• .... .,- r. ' V: •,/ ' /‹- ,,,,. i t'e \.7, \C(,)• I'S % i` • • �` wEus , . \/- .. . 7. 443. SC..00.- / / / / `\ ,� 4.erZ I i. , LOCATION MAP BRIGHTON DRIVE ml c,i v v mI , 1110/ 4 j68-7 A CREATIVE . PLAYSCHOOL 9 /CI. ks ¢849 "fig C l) o Il iZr" -- > .id 15861 a a v .0� c Erx p1/4" gi:.97 6873 A (, A,74,-.4(".74' — O G %. U ,4 W ° ` C. • Ma j.,k.Q A 0 CI ATTACHMENT 2 , 1 CITY OF DUBLIN CONDITIONAL USE PERMIT PROPOSED DAY CARE CENTER - "A CREATIVE PLAYSCHOOL" 4. We are proposing to open a Licensed Day Care Center for thirty children, ages 2 years to 5 years (Pre-Kindergarten). Hours of operation are 7:00 a.m.to 6:30 p.m. , Monday - Friday. We will offer a Pre-school program as part of the Day Care Center activities. We will be serving breakfast, lunch and 2 snacks of well balanced meals according to the laws set forth by the State. Our children will have interesting age appropriate activities incorporating inside learning time and supervised outdoor play activities. There will be approximately 1 1/2 - 2 1/2 hours of rest time when the school will become very inactive so the children will be able to have sufficient rest time. There is no reason for this center to cause any disturbance to the peace of the neighborhood; as the children will be well cared for and supervised. Also,it is very rare that 30 children will be outside at the same time. For example, 10 two year olds will be playing outdoors for 1/2 hour, they will go in for a quiet activity; then 10 three year olds will have outside play for a 1/2 hour; finally 10 four year olds will use the play yard for a 1/2 hour. Ten well supervised children will certainly not pose a noise problem in the large yard area. The facility will essentially ATTACHMENT 3 wM,Y ",9 5 q v . N PLANNINttit6 be vacant on weekends except for normal cleaning, etc. a. There is a definite need for "quality child day care" in the Tri-Valley area. The center "My Space to Grow" which is located near the intersection of Amador Valley Blvd. and Village Parkway is full with a waiting list. Also, Tots University, on Oxbow Lane,is full with a waiting list. As we become filled we are planning to hire ROP students from Dublin High School to work as aides in our center, further enhancing service to this community. We are also planning for the children to do special community outreach projects like recycling, food and clothing drives for needy families, singing for senior citizens in Dublin and San Ramon Senior Centers. b. The use is properly related to other land uses and transportation service facilities in the area because Amador Valley Blvd.is a convenient connecting Boulevard to businesses and freeways. There are many schools in the nearby area; Elementary, Middle School, High School, and a Montesorri School. Although "6837" will be used for a Child Care Center, the outside will still retain "residential character" to blend with the existing residential homes and will not be offensive to the neighborhood.We are definately improving the existing structure adding a new roof and gutters, repairing the existing broken-down fence, removing the obtrusive and illegally placed metal storage shed from the premises, and painting the ext'ior of the entire house. /'1 will be pruning and planting new shrubs on Brighton as to add to the attractiveness, class and value of the neighborhood. If the Center is approved, the in-ground swimming pool will be removed, adding to the peacefulness of the existing neighborhood not to mention conservation of valuable water resources. c. The use will not materially affect the health or safety of persons residing or working in the vicinity. Happy, safe, well cared for children can only add to the well being and character of the neighborhood. d. The use will not be contrary to the specific intent clasues or performance standards established by the district as "6837" will still maintain it's residential character as a home, and therefore provide a home away from home for young children and a much needed service for responsible working parents. Other information: The Child Care Center "A CREATIVE PLAYSCHOOL" for 30 children will require about 2 full time employees and 2 part-time employees, (more or less depending on enrollment).The full-time employees are the mother & daughter (owners). The hours of operation will be 7:00 a.m. to 6:30 p.m. , Monday - Friday. The children are dropped off and picked up at various times throughout the day as not to affect the traffic flow. With the already existing schools in the neighborhood and the traffic flow on Amador Valley, the traffic from our center will be 3 - y 1 negligiable. Alsc note, the speed limit is . miles per hour on Amador Valley Boulevard. Although we are applying for permission to serve 30 children, if we are granted such, remember it will take time for our center to reach full capacity and when and if it does; not all children are in attendance every day. The facility will be essentially be vacant after the hours of 6:30 p.m. during the weekdays and will sit quietly Saturday, Sunday and holidays when working folks do their entertaining and outdoor relaxation and sleeping in on the weekend. The elimination of the swimming pool will certainly eliminate noise problems during the day, evenings and especially weekends and holidays of the hot summer for the surrounding neighbors. Also, be advised that Community Care Licensing needs to approve the Center and strict guidelines with their inspections must be followed, as set forth by the State of California, before they will grant a license for child care. They will be going over this Center with a fine toothed comb before approving it for children. CITY OF DUBLIN PLANNING COMMISSION J AGENDA STATEMENT/STAFF REPORT Meeting Date: June 19,1995 TO: Planning Commission FROM: Planning Staff PREPARED BY: Laurence L.Tong,Planning Director 11:1— SUBJECT: 1995-96 Update to the 1994-99 Capital Improvement Program RECOMMENDATIONS: 1) Receive presentation from City Manager regarding proposed update to the 1994-1999 Capital Improvement Program 2) Determine conformity with the City's General Plan FINANCIAL STATEMENT: See Capital Improvement Program ennN (under separate cover) DESCRIPTION: Last year,the City Council adopted a new Five Year Capital Improvement Program(1994-99) which outlined the City's capital and infrastructure needs and financing for those needs during the five year period. Prior to the City Council's adoption of the 1994-99 Capital Improvement Program(CIP), the Planning Commission reviewed the projects in the CIP and determined that the CIP was in conformity with the City's General Plan. This year,Staff has prepared an annual update to the CIP which proposes some adjustments to the CIP that was adopted last year. There are several new projects proposed for incorporation into the CIP as well as revisions to timelines and financing for some of the projects currently included in the CIP. It would be appropriate for the Planning Commission to consider the Proposed Update as being in conformance with the General Plan and its objectives. Staff recommends that the Planning Commission hear the Staff presentation,review the update to the Capital Improvement Program,and determine its conformity with the City's General Plan. Item No. 1•I Copies to: Agenda/General File City Manager Public Works Director Recreation&Community Services Director PAGE OF I CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date:June 19,1995 TO: Planning Commission FROM: Planning Staff tc PREPARED BY: Dennis Carrington,Senior Planner SUBJECT: PA 95-021 Conformity of location,purpose and extent of disposition of real property owned by the Alameda County Surplus Property Authority with the Dublin General Plan:- GENERAL INFORMATION: PROJECT: Report on conformity with the Dublin General Plan as required by Section 65402(b)of the Government Code. This report is required by the Government Code whenever a county wishes to dispose of land. Alameda County has determined this land to be surplus and will dispose of it for residential development purposes consistent with the Dublin General Plan. APPLICANT/ PROPERTY OWNER: County of Alameda Surplus Property Authority Alameda County Planning Department Attn: Patrick Cashman,Project Director 399 Elmhurst Street,Hayward,CA 94544 LOCATION: 33 acres located north of Dublin Boulevard,west of Tassajara Creek, south of the Transit Spine and east of lands designated Neighborhood Commercial in the Dublin General Plan. ASSESSOR PARCEL: 946-15-1-4 GENERAL PLAN AND SPECIFIC PLAN DESIGNATION: Low Density Residential(0-6 du/ac),Medium Density Residential(6- 14 du/ac)and Medium-High Density Residential(14-25 du/ac). EXISTING LAND USE AND ZONING: Land Use: Vacant Zoning: PD/Business Park Industrial Item No.C1• Copies To: Applicant/ Property Owner PA File Senior Planner '/ PAGE t OF. • SURROUNDING LAND USE, GENERAL PLAN LAND USE DESIGNATION AND ZONING: North: Land Use: Vacant Land Use Designation: Elementary School and Medium Density Residential (6-14 du/ac) Zoning: PD/Business Park Industrial South: Land Use: Vacant(Homart Site) Land Use Designation: General Commercial Zoning: PD/Business Park Industrial East: Land Use: Vacant Land Use Designation: Low Density Residential(0-6 du/ac)and Medium Density Residential(6-14 du/ac) Zoning: PD/Business Park Industrial West: Land Use: Vacant Land Use Designation: Neighborhood Commercial Zoning: PD/Business Park Industrial ZONING HISTORY: The vicinity was zoned PD/Business Park Industrial when it was annexed to the City in 1986(Exhibit B). APPLICABLE REGULATIONS: General Plan Government Code Section 65402(b)(Exhibit C)provides in part that a county shall not dispose of real property within the corporate limits of a city if such city has adopted a General Plan and such General Plan is applicable thereto until the location,purpose,and extent of such disposition has been submitted to and reported upon by the planning agency (Planning Commission)having jurisdiction,as to conformity with said adopted General Plan or part thereof. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act(CEQA)and the State CEQA Guidelines and has been found to be Categorically Exempt under Section 15312,Class 12,of the State CEQA Guidelines. The project consists of the sale of surplus government property not located in an area of statewide, regional,or area-wide concern. 2 PAGE 0F ANALYSIS: Description The proposed project would consist of the sale of surplus land owned by Alameda County. The lands would be developed for residential purposes as permitted by the Dublin General Plan and the Eastern Dublin Specific Plan. Consistency of the location.ouroose and extent of the project with the General Plan. Alameda County proposes to dispose of the above-described land located within the Dublin General Plan. The land would be developed for residential purposes in accordance with the requirements and purposes of the Dublin General Plan. The proposed residential development is within the physical scope of the Dublin General Plan and therefore it's extent will be encompassed by,and consistent with,the General Plan. As such the location,purpose and extent of the project are consistent with the Dublin General Plan. RECOMMENDATIONS: FORMAT: 1) Hear the Staff presentation. 2) Take testimony from the public. 3) Question Staff and the public. 4) Deliberate. 5) Adopt the draft resolution(Exhibit B)reporting on the conformity of the location,purpose and extent of the proposed disposal of surplus public lands with the Low Density Residential,Medium Density Residential and Medium- High Density Residential designations of the Dublin General Plan;or give Staff and Applicant direction to amend the resolution and adopt the amended resolution. ACTION: Staff recommends that the Planning Commission adopt the draft resolution(Exhibit BI reporting on the conformity of the location, purpose and extent of the proposed disposal of surplus public lands by Alameda County with the Low Density Residential,Medium Density Residential and Medium-High Density Residential designations of the Dublin General Plan. To approve the project as presented,a Planning Commissioner may make a motion such as: I move to adopt the draft resolution(Exhibit B)reporting on the conformity of the location,purpose and extent of the proposed disposal of surplus public lands by Alameda County with the Low Density Residential,Medium Density Residential and Medium-High Density Residential designations of the Dublin General Plan. EXHIBITS: Exhibit A: Map showing location of the lands to be disposed of by Alameda County. Exhibit B: Draft resolution reporting on the conformity of the location,purpose and extent of the proposed disposal of surplus public lands by Alameda County 3 FACE 5 OF with the Low Density Residential,Medium Density Residential and Medium- High Density Residential designations of the Dublin General Plan. ATTACHMENTS: Attachment 1: Ordinance 25-85. Attachment 2: Government Code Section 65402(b) Attachment 3: Dublin General Plan Map,Extended Planning Area. 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J=/�' {h titi;1::::- . -1;-: : : � ' ��li I{ : : f . :w:- i:ce : w; • .:,•? � • :•- .::: '-2k-__..,'... • :.�.-a'-r r!^� � , , ll J. � 1t C,, r t" f� :: .Lfi . _ =�� .'L.', - ,....._ ::;:::z . : rI yf i:nit *:::,=s,.5.9::::::::.:N,:ir___-.4:: --.-:--;1:-4-- :..-..-:„.;: c3:f:::i,_&.:::. :i;•:::::::::.::::-:;:i,s!-:::.-a*. ,.:.::;: :::,,=.=A-._,: ,i; *f- s:..-).' 1-N-2?----- j .t.i 7::::::.:::::• ::::::::::::: ::::::::.:.:::::;::: ::::::::::::;:: . t -1 4 :I n --_-.— — T_� --��• �TASSAJARA ROAD ; -a TASSAJARA ROAD EXHIBIT B • RESIDENTIAL DEVELOPMENT SITE I ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY DUBLIN•CALIFORNIA EXHIBIT A FAc: )_.....cz..4,.. RESOLUTION NO.95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REPORT BY THE CITY OF DUBLIN PLANNING COMMISSION AS TO CONFORMITY OF LOCATION,PURPOSE AND EXTENT OF THE PROPOSED DISPOSAL OF SURPLUS PROPERTY BY ALAMEDA COUNTY WITH THE LOW DENSITY RESIDENTIAL,MEDIUM DENSITY RESIDENTIAL AND MEDIUM-HIGH DENSITY RESIDENTIAL DESIGNATIONS OF THE DUBLIN GENERAL PLAN. WHEREAS, the County of Alameda Surplus Property Authority has determined approximately 33 acres of land,which hereafter shall be referred to in this document as "the property",located north of Dublin Boulevard,west of Tassajara Creek,south of the Transit Spine and east of lands designated Neighborhood Commercial in the Dublin General Plan to be surplus;and WHEREAS,Government Code Section 65402(b)provides in part that a county shall not dispose of real property within the corporate limits of a city if such city has adopted a General Plan and such General Plan is applicable thereto until the location,purpose,and extent of such disposition has been submitted to and reported upon by the planning agency having jurisdiction,as to conformity with said adopted General Plan or part thereof;and WHEREAS, the City of Dublin General Plan was adopted on February 11, 1985;and WHEREAS,the property determined to be surplus,and proposed to be disposed of by Alameda County,lies within the corporate limits of the City of Dublin;and WHEREAS, the City of Dublin has adopted a General Plan and such Plan is applicable to the property determined to be surplus,and proposed to be disposed of,by Alameda County;and WHEREAS,the property determined to be surplus by Alameda County and proposed for disposal are located within an area encompassed by the Low Density Residential, Medium Density Residential and Medium-High Density Residential designations of the Dublin General Plan,and developed for residential purposes in a manner consistent with those designations;and WHEREAS,the property determined to be surplus by Alameda County is to be disposed of and developed for residential purposes in accordance with the requirements and purposes of the Low Density Residential,Medium Density Residential and Medium-High Density Residential designations of the Dublin General Plan;and WHEREAS,the property determined to be surplus by Alameda County and to be disposed of and developed for residential purposes is within the physical scope of the Dublin General Plan and therefore it's extent will be encompassed by,and consistent with, the General Plan. EXHIBIT I NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The General Plan of the City of Dublin is applicable to the property located north of Dublin Boulevard,west of Tassajara Creek,south of the Transit Spine and east of lands designated Neighborhood Commercial in the Dublin General Plan. B. The property determined to be surplus by Alameda County and to be disposed of are located within an area encompassed by the Low Density Residential, Medium Density Residential and Medium High Density Residential designations of the Dublin General Plan,and developed for residential purposes in a manner consistent with those designations,and therefore the disposal of that land is consistent with regard to location with the Dublin General Plan. C. The property determined to be surplus by Alameda County is to be disposed of and developed for residential purposes in accordance with the requirements and purposes of the Low Density Residential,Medium Density Residential and Medium-High Density Residential designations of the Dublin General Plan,and therefore the disposal of that land is consistent with regard to purpose with the Dublin General Plan. D. The property determined to be surplus by Alameda County and to be disposed of and developed for residential purposes is within the physical scope of the Dublin General Plan,its extent will be encompassed by the Dublin General Plan,therefore the disposal of that land is consistent with regard to extent with the Dublin General Plan. PASSED,APPROVED AND ADOPTED this 19th day of June, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director /reso • PAGE 1G Or ��1' ,I' A.I jI ,I,l 1I' .z9iltji 1.fi)1 Vi. }1 ' 'I'1 ' 1}lP l f. °tt▪ i +- 1.;,.. f/irrr!!;' 6 i r t l 13s1 I f'l., 1 ( 1' 1 { 7, r ) 1 II •O. ail i 4l t Pill l tr lF ..�111 ll#� 1).) 0 t I ,i tl l r r r..i ) 4 t'14 -u ftljl V.ri Y�J � tI.F_fc7uy ({ 1 I: ry-yIifylir(1 )Pt Ir 4l (i sositld : L 1 5 1 t A41 ! 1 } 1 t }(* F t 1 1 QIr..ily 1 11 }I Pf rr Fi t'i } ) I▪ .' ul @ �( .+ 1' i q., 4'Aqi0' Nl:l S r ' i ' ..' 1 J 1 1 A) 1 1 it 1. I 1..F}e, 4.I .ri .S1E; i}t of l ` .. I -u VIVIZi_+...r_EOu2 s .. :i.i72?S:ld.,l. .,...a.:a:.. IYuv:. ._ :.a.. o. • 1 ORDINANCE N0. 25-85 EXHIBIT 1) . 1 AN ORDINANCE OF TE CITY OF 00BLIN AME:IDI:IG THE fCNING ORDINANCE TO PERMIT E EAST THE EOFNTHE EXISTING CITY PROPERTY LIMILOCATED TO • The City Council of the City of Dublin.does ordain as follows, • Section 1: Chapter 2 of Title 8 of the Dublin Ordinance 1 Code s nereoy amended in the following manner, • The Parks Reserve Forces Training Area.(Camp Packs) (APR 946-15-. 1-5), the U.S. Department of Justice property and National • Aeronautics and Space Administration property located within APN 9 -15 46 the U.S. Department of Air Force property Park Dietrict property (946-15-1-1)5 6), the East Bay and the northerly 320+ acres of the Alameda County property (946-15- pr on an southern portion of Alameda CountylC propertyultural D and District. U.S. Government parcel (946-15-2) are hereby pretoned to a PD/Business Park Industrial District (400+ acres) and a PD/Business Park Industrial, Low Coverage District (200+ acres). . Exhibit 8, Findings and General Provisions concerning PA 85-018 on as file in the regulations fort thein P use Planning improvement andt maintenance hereby of the the . y property within this District upon annexation to the City. A map of the area is as follows; % • I •• rN Floam-��r:.':1i 7 Li y-sea j . O �///,1 a�.v..wM.w • I::::::I Fvaaun Section)daysThis frem ordinance and shall lts take passage.ffect Before the be enforced (3 of ) da s after its passage it.shall be published expiration I15), Y TTAH NT1 • 65401.If a general plan or part thereof has been adopted,within such time as may be fixed by the legislative Review of public body,each county or city officer, department,board,or commission,and each governmental body, works projects for commission,or board,including the governing body of any special district or school district,whose conformity with jurisdiction lies wholly or partially within the county or city,whose functions include recommending, plan preparing plans for,or constructing,major public works,shall submit to the official agency,as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning,initiation or construction during the ensuing fiscal year.The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year.Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. (Amended by Stars.1970,Ch.1590.) 65402.(a)If a general plan or part thereof has been adopted,no real property shall be acquired by dedication Restrictions on or otherwise for street,square,park or other public purposes,and no real property shall be disposed of,no acquisition and street shall be vacated or abandoned,and no public building or structure shall be constructed or authorized, disposal of real if the adopted general plan or part thereof applies thereto,until the location,purpose and extent of such property acquisition or disposition,such street vacation or abandonment,or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof.The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty(40)days after the matter was submitted to it.or such longer period of time as may be designated by the legislative body. If the legislative body so provides,by ordinance or resolution,the provisions of this subdivision shall not apply to:(1)the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;(2)acquisitions,dispositions,or abandonments for street widening;or(3)alignment projects, provided such dispositions for street purposes, acquisitions,dispositions,or abandonments for street widening,or alignment projects are of a minor nature. (b)A county shall not acquire real property for any of the purposes specified in paragraph(a),nor dispose of any real property,nor construct or authorize a public building or structure,in another county or within the corporate limits of a city,if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto,and a city shall not acquire real property for any of the purposes specified in paragraph(a),nor dispose of any real property,nor construct or authorize a public building or structure,in another city or in unincorporated territory,if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto,until the location,purpose and extent of such acquisition,disposition,or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction,as to conformity with said adopted general plan or part thereof.Failure of the planning agency to report within forty(40)days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition,disposition,or public building or structure is in conformity with said adopted general plan or part thereof.The provisions of this paragraph(b)shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c)A local agency shall not acquire real property for any of the purposes specified in paragraph(a)nor dispose of any real property,nor construct or authorize a public building or structure,in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto,until the location,purpose and extent of such acquisition,disposition,or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof.Failure of the planning agency to report within forty(40)days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition,disposition,or public building or structure is in conformity with said adopted general plan or part thereof.If the planning agency disapproves the location,purpose or extent of such acquisition, disposition,or the public building or structure,the disapproval may be overruled by the local agency. Local agency as used in this paragraph(c)means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries.Local agency does not include the state, or county,or a city. (Amended by Stars.1974,Ch.700.) ATIACIIIV zOF L General Plan I -Eastern Extended Planning Area "/'1 LAND USE MAP I /' cos ---- Legend . to /'rn I �m� COMMERCIAL WA Ner$1xxhood Commercial I /'' 1......L )i I EMI• General Commercial �.-.;] Carthus Office __/' I L__J Industrial Park I , 1 rREuSDENIIAL ��' '41+�-. / —__� ,�L=� Medium High Density 25-du/ Ej ) , C.—, 1 o Med -11rgh Densely 14.25 4 1 , M MH L RIIA. I I L_MJ Medium Density G.14 11v/N_ -`.._.._ r ( 4.� Low Densely OGd✓,.•�_ ta '`•MH MH I I GR� (rural Residential/Agriculture 1 du/100 L. M N / RRA 1 PUBLIC/SEMIPUBLIC/OPEN Iu.ar / RRA FUTURE STUDY AREA n Public/Senn Put, facility © 4-----� I I 0# Elementary School r- M / ... • I r r C Junior I Ugh School �;,• I Q� Ilgh School n � ..__J�f AGRICULTURE I P b�/SonuP Public i:: I —^ I ^1 Parks 8 Recreation C•..Ny'?OI"t \ ,� L 1---J (!�a City Park r ii - RRA l to Community Park 274&9 Acre• N0 Neighborhood Park. M ; M _ � I Ir_'' J Neighborhood Square i M. I • ' - v N `-, •^ 1 1 E-7 Open Space 1 �" '-1 1 —_- ( J I Stream Corridor r b) --- ML \�` �, p —� Arterial Street w� r } ` M H ••M I I Collector Street \� MH 1 �� ,---1_ i �— C� trawl Stine r - • MN © M M ( I $OI Bounder I I — 0ni .....Iy 'A) ---= General Plan Amerxlrnent Study Area I I ' . ,,„,mg, YN M M M .0\F M i N M� _' MN ••'.*'i -- EASTERN r1 1 Y_. 993 r _Y♦J ' .Z N I I SpecificPla S Study Area H j M 1 r/r///& rrraN/av/ t 1' ` 4 I� -----� May 10,1 1 1.�„� ` ` k L 'l1 M© . o*.h M*4 4 �` _ e` -- -- DUBLIN 1 14 Acr • �r __-- Wallace Roberta 8 Todd Figure 29 4 *General Commercial may be permitted b .Planned Development Zoning Process(see text for complete discussion) j tnArune ^10 r **WS convert to Euhee Study Area/Agricul •where determined inconsistent with APA(see text for complete discussion) 1 ---- '7 n'1 r" sITE ALAMEDA COUNTY PLANNING DEPARTMENT -Development Planning •Housing& Community Development •Policy Planning&Research •Lead Poisoning Prevention •Zoning Administration&Enforcement 399 Elmhurst Street, Hayward, CA 94544 (510) 670-5400 FAX (510) 785-8793 May 18, 1995 City of Dublin Planning Department P.O. Box 2340 Dublin, CA 94568 RE: County of Alameda Santa Rita Lands, Dublin California Proposed Residential Development Gentlemen: A parcel of real property owned by the Alameda County Surplus Property Authority, within the City Limits of Dublin, has been determined to be surplus to the needs of the County. A vicinity map showing the location of the property is attached (Exhibit A). The surplus property is approximately 33 acres in size and is shown on the included map labeled Exhibit B. The property has been used as the site of the County Animal Shelter, which will soon relocate to new facilities. The property is, for the most part, vacant. Because the property is capable of independent use and development, and the City of Dublin's Eastern Dublin Specific Plan designates it for residential development, the County intends to implement a process to dispose of the property for residential development in order to receive the fair market value thereof. You are hereby notified of the intended disposal of this property as required by California Government Code Section 65402(b). Please advise this office within the statutory 40-day time limit whether or not the proposed sale is in conformity with the City of Dublin's General Plan or a part thereof that applies thereto. We thank you for your cooperation and your prompt response will be appreciated. Should you have any questions regarding this letter, please feel free to contact Patrick Cashman, Project Director at (510) 670-6531. Very truly yours, '4 /1lA4 Ado ph Martinelli Planning Director Attachments RECEIVED ssc\edubl in\srita\res 1\surplets.595 MAY 1 9 1995 ATTACHmENT ";ANNIN 4 i\ GpNAR, : pvN`s( Yam 44 p0 A G Y �Yyr a o Q ce cc L. 7 CAMP PARKS E#A COUNTY AERre Iiii RDENTIAL J DEVELOPMENT SITE I OUBIIt�OiYb 1111114 ►.r P 1-580 c I i o STONERIDGE : __J '--- Q S DRIVE �'-i r 11-1 O OtP L� j = \.P,S r 1 �, 1-680 ° i r--1 ---- --...-1 . _1 L_-- /-�� yr-- ; c I r --- Z f : r--- PLEASANTON 1 1 /,, t . / , f I ; ? ,1 EXHIBIT A I i 'r -�.( %\ 0 / LOCATION MAP RESIDENTIAL DEVELOPMENT SITE I ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY DUBLIN,CALIFORNIA PAGE. V.OF v