HomeMy WebLinkAboutReso 83-18 Approving a Minor Use Permit for Shared Parking RESOLUTION NO. 83 — 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVERSING THE PLANNING COMMISSION DECISION AND APPROVING A MINOR USE
PERMIT FOR SHARED PARKING BETWEEN THE 10,667 SQUARE FOOT DAYCARE
AND THE 4,269 SQUARE FOOT COMMUNITY CENTER
(APN 985-0073-005-00) PLPA-2017-00050
WHEREAS, the applicant, Meridian, is requesting approval to build a 14,936 square foot
building comprised of a 10,667 square foot childcare center to be operated by Safari Kid, and a 4,269
square foot community center located at the southwest corner of Positano Parkway and West
Cantara Drive in Positano; and
WHEREAS, the application includes a Site Development Review Permit, Minor Use Permit for
shared parking, and a Conditional Use Permit to establish development standards in the Planned
Development Zoning; and
WHEREAS, the project site is 2.1 acres and has a General Plan and Eastern Dublin Specific
Plan land designation of Semi-Public; and
WHEREAS, the site has Planned Development Zoning with a Stage 2 Development Plan
(Ordinance No. 33-05); and
WHEREAS, in accordance with the California Environmental Quality Act certain projects are
required to be reviewed for environmental impacts and when applicable, environmental documents
prepared; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the
subject of an Environmental Impact Report (EIR) (SCH# 91103064) approved on May 10, 1993, a
Supplemental EIR for the Eastern Dublin Properties annexation and prezoning project (SCH#
2001052114) approved for the project site by the City Council on April 2, 2002, and a Supplemental
EIR (SCH #2005062010) was approved for the project site by the City Council on December 6, 2005.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the
proposed project was examined to determine if another environmental document should be prepared.
There is no substantial evidence in the record that any new effects would occur, that any new
mitigation measures would be required, or that any of the conditions triggering supplemental
environmental review under CEQA Guidelines section 15162 exists; and
WHEREAS, the Project plans, attached as Exhibit A to this Resolution, illustrate the proposed
site layout, driveway and parking circulation system, building architecture, access to public streets,
site amenities, and landscaping for the proposed project; and
WHEREAS, the proposed project will include 88 parking stalls which would accommodate
either a daycare or community center use independently, and the two uses will not have operational
hours that overlap; and
WHEREAS, the Planning Commission held a public hearing on the said application on
February 13, 2018, at which time the Planning Commission continued the public hearing so that staff
and the applicant could address concerns raised by the Planning Commission; and
Reso No. 83-18, Adopted 6/19/2018, Item No. 6.1 Page 1 of 6
WHEREAS, the Planning Commission held a public hearing on the said application on April
10, 2018, at which time the interesting parties had the opportunity to be heard; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending
approval of the Minor Use Permit for the project; and
WHEREAS, the Planning Commission adopted Resolution 18-11 denying the Minor Use
Permit; and
WHEREAS, the Planning Commission adopted resolutions denying the companion Conditional
Use Permit and Site Development Review Permit; and
WHEREAS, the Applicant, appealed the action of the Planning Commission in accordance
with Dublin Municipal Code Chapter 8.136; and
WHEREAS, the applicant waived the requirement of the Public Hearing to be scheduled within
45 days of the filing of the appeal; and
WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning
Commission; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council did hear and consider all reports, recommendations and
testimony herein above set forth and used its independent judgment to evaluate the project; and
WHEREAS, a Staff Report, dated June 19, 2018 and incorporated herein by reference,
described and analyzed the proposed Safari Kid Daycare and Community Center Project; and
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the
following findings and determinations regarding the proposed Minor Use Permit for shared parking
between the Safari Kid Daycare and the Community Center building:
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the daycare and community
center will help serve the neighborhood for daycare needs and community events; 2) the
Project site is well suited for this type of use with existing roads, services and utilities
designed to serve the site; and 3) a daycare and community center are consistent with the
intent of the Stage 1 and 2 Development Plans for this site.
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could
include a parking reduction for shared parking in that: 1) the site proposes enough parking
stalls which would accommodate either a daycare or community center use independently
and the two uses will not have operational hours that overlap; and 2) the conditions of
approval have been listed below to ensure compliance with Chapter 8.76 of the Zoning
Ordinance.
Reso No. 83-18, Adopted 6/19/2018, Item No. 6.1 Page 2 of 6
C. It will not adversely affect the health or safety of persons residing or working in the vicinity,
or be detrimental to the public health, safety and welfare in that: 1) the Project will conform
to all,applicable regulations contained in the Dublin Zoning Ordinance, General Plan and
Eastern Dublin Specific Plan; and 2) Conditions of Approval have been applied to the
Project to ensure adequate parking for each use and on-going compatibility with the
Project's surroundings.
D. It will not be injurious to property or improvements in the neighborhood in that 1) a daycare
and community center are consistent with the intent of the Stage 1 and 2 Development
Plans for this site; and 2) Conditions of Approval have been included to ensure adequate
on-site parking to satisfy the needs of the daycare center and the community room.
E. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety, and welfare in that: 1) vehicular access to the site will be available
from W. Cantara Dr. after the driveway on W. Cantara Dr. is moved further east 2) the
Project frontage along both roads is fully improved with a sidewalk that provides pedestrian
access to the Project; and 3) the Project will be served by existing public utilities and
services.
F. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the project site allows for a daycare and
community center under the General Plan, Eastern Dublin Specific Plan, and the Planned
Development Zoning Stage 1 and 2 Development Plans; and 2) the proposed project falls
within the allowed building area for the site.
G. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: 1) the
project. is consistent with development standards established in the Stage 1 and 2
Development Plans as amended for this site; and 2) the Project site is well suited for a
daycare and community center.
H. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that:
the Project site has a General Plan and Eastern Dublin Specific Plan designation of Semi-
Public and a Stage 1 and 2 Development Plan which allows for a daycare and community
center.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby reverses
the Planning Commission's decision and approve the Minor Use Permit for shared parking between
the Safari Kid Daycare and the Community Center project, subject to the conditions included below.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public
Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F]
Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health, [Z7] Zone 7.
Reso No. 83-18, Adopted 6/19/2018, Item No. 6.1 Page 3 of 6
# .: CC)NDITIQN TEXT " WHEN RE4'D
AGENCY AG
�
PLANNING
1. Approval. This Minor Use Permit (MUP) approval is for the Safari PL Ongoing
Kid Daycare and Community Center located at Positano Parkway
and Cantara Drive (APN: 985-0073-005-00)within the Eastern Dublin
Specific Plan Area (PLPA-2017-00050). The MUP approval is for
shared parking between the 10,667 square foot daycare and the
4,269 square foot community center. This approval shall be as
generally depicted and indicated on the project plans, attached to this
Resolution as Exhibit A, prepared by Perkins, Williams & Cotterill
Architects dated February 21, 2018, on file in the Community
Development Department, and other plans, text, color and materials
boards relating to this Project and as specified by the following
Conditions of Approval for this project.
2. Effective Date. This MUP approval becomes effective 10 days after PL Ongoing
action by the Planning Commission unless otherwise appealed to the
City Council.
3. Permit Expiration. Construction or use shall commence within one PL One Year After
(1) year of Permit approval or the MUP shall lapse and become null Effective Date
and void. If there is a dispute as to whether the Permit has expired,
the City may hold a noticed public hearing to determine the matter.
Such a determination may be processed concurrently with revocation
proceedings in appropriate circumstances. If a Permit expires, a new
application must be made and processed according to the
requirements of the Zoning Ordinance.
4. Time Extension. The original approving decision-maker may, upon PL Prior to Expiration
the Applicant's written request for an extension of approval prior to Date
expiration, upon the determination that all Conditions of Approval
remain adequate and all applicable findings of approval will continue
to be met, grant an extension of the approval for a period not to
exceed six (6) months. All time extension requests shall be noticed
and a public hearing shall be held before the original hearing body.
5. Compliance. The Applicant/Property Owner shall operate this use in PL On-going
compliance with the Conditions of Approval of this MUP, the
approved plans and the regulations established in the Zoning
Ordinance. Any violation of the terms or conditions specified may be
subject to enforcement action.
6. Revocation of Permit. The MUP approval shall be revocable for PL On-going
cause in accordance with Section 8.96.020.1 of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this permit
shall be subject to citation.
7. Requirements and Standard Conditions. The Applicant/ Various Building Permit
Developer shall comply with applicable City of Dublin Fire Prevention Issuance
Bureau, Dublin Public Works Department, Dublin Building
Department, Dublin Police Services, Alameda County Flood Control
District Zone 7, Livermore Amador Valley Transit Authority, Alameda
County Public and Environmental Health, Dublin San Ramon
Services District and the California Department of Health Services
requirements and standard conditions. Prior to issuance of building
permits or the installation of any improvements related to this project,
the Developer shall supply written statements from each such
agency or department to the Planning Department, indicating that all
applicable conditions required have been or will be met.
8. Required Permits. Applicant/Developer shall obtain all permits PW Building Permit
Reso No. 83-18, Adopted 6/19/2018, Item No. 6.1 Page 4 of 6
required by other agencies including, but not limited to Alameda Issuance and
County Flood Control and Water Conservation District Zone 7, Grading Permit
California Department of Fish and Wildlife, Army Corps of Engineers, Issuance
Regional Water Quality Control Board, Caltrans and provide copies
of the permits to the Public Works Department.
9. Fees. Applicant/Developer shall pay all applicable fees in effect at Various Building Permit
the time of building permit issuance, including, but not limited to, Issuance
Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin
San Ramon Services District fees, Public Facilities fees, Dublin
Unified School District School Impact fees, Fire Facilities Impact
fees, Alameda County Flood and Water Conservation District (Zone
7) Drainage and Water Connection fees; or any other fee that may be
adopted and applicable. Approved Development Agreement
supersedes where applicable.
10. Indemnification. The Applicant/Developer shall defend, indemnify, ADM On-going
and hold harmless the City of Dublin and its agents, officers, and
employees from any claim, action, or proceeding against the City of
Dublin or its agents, officers, or employees to attack, set aside, void,
or annul an approval of the City of Dublin or its advisory agency,
appeal board, Planning Commission, City Council, Community
Development Director, Zoning Administrator, or any other
department, committee, or agency of the City to the extent such
actions are brought within the time period required by Government
Code Section 66499.37 or other applicable law; provided, however,
that the Applicant's/Developer's duty to so defend, indemnify, and
hold harmless shall be subject to the City's promptly notifying the
Applicant/Developer of any said claim, action, or proceeding and the
City's full cooperation in the defense of such actions or proceedings.
11. Clarification of Conditions. In the event that there needs to be PL, PW On-going
clarification to the Conditions of Approval, the Director of Community
Development and the City Engineer have the authority to clarify the
intent of these Conditions of Approval to the Applicant/Developer
without going to a public hearing. The Director of Community
Development and the City Engineer also have the authority to make
minor modifications to these conditions without going to a public
hearing in order for the Applicant/Developer to fulfill needed
improvements or mitigations resulting from impacts to this project.
12. Clean-up. The Applicant/Developer shall be responsible for clean-up PL On-going
& disposal of project related trash to maintain a safe, clean and litter-
free site.
13. Modifications. Modifications or changes to this MUP approval may PL On-going
be considered by the Community Development Director if the
modifications or changes proposed comply with Section 8.104 of the
Zoning Ordinance.
14. Use of Building. The daycare and community center shall not have PL On-going
operational hours that overlap. The classrooms shall only be utilized
for the daycare and cannot be used as part of the community center.
The community center can be used by the existing daycare students
for special functions but shall not be used as an additional classroom
or any other purpose that would increase the number of children.
The lobby, storage closets, kitchen and bathrooms can be utilized by
both uses.
Reso No. 83-18, Adopted 6/19/2018, Item No. 6.1 Page 5 of 6
PASSED, APPROVED AND ADOPTED this 19th day of June 2018, by the following vote:
AYES: Councilmembers Gupta, Hernandez, Thalblum and Mayor Haubert
NOES: Councilmember Goel
ABSENT:
ABSTAIN: f
ATTEST: M.yor
C4,./V �w"U
City Clerk
Reso No. 83-18, Adopted 6/19/2018, Item No. 6.1 Page 6 of 6
1
Safari Kid: Traffic Flow (Staggered and Not Conflicting)
Safari Kid offers two different programs: Preschool and Afterschool.
Safari Kid Preschool: We offer part-time and full-time preschool programs to cater to
Parent’s needs, which are staggered throughout the day. Age group (18 months to 5
years)
Safari Kid Afterschool: This program caters to kids in Dublin Unified elementary grade
levels (KG to 5) with staggered bell dismissal times.
Safari Kid Program Timings
Full Day Preschool 07:30 AM - 05:00 PM
Part-Time Preschool 09:00 AM - 12:00 PM
After School (Kindergarten) 01:00 PM – 06:00 PM
After School (School Age) 02:30 PM – 06:00 PM (Mon-Tue)
03:30 PM – 06:00 PM (Wed-Fri)
Safari Kid Drop-off and Pick-up:
Children are brought to our center by vanpool pick-up services in batches of 5-9
children at a time. Safari Kid also has 2 vans that transport up to 13 children in
each. This reduces the number of vehicles and the amount of traffic. (e.g. on an
average of 6 children per vehicle, only 10 vehicles will be needed to transport 60
children)
Parents or Pick-up Service personnel are required topark the vehicle and walk the
children in or out of the center to check-in or check-out. Two to three Safari Kid staff
members will assist in the smooth operation of check-in and check-out at our lobby and
front-desk. This process typically takes less than 3 minutes per vehicle .
The following is a comparison of the Amador Elementary School Bell Schedules
with the traffic flow analysis typical of similar daycare centers. Note that the
primary hours of drop-off for the Safari Kids preschool (7:00am to 8:00am) will be
prior to the peak time for Amador Elementary school drop-off, which was
observed by the City Traffic Engineer and Staff as being 8:05am to 8:25am. Thus
the concerns about overlapping traffic between the Safari Kids preschool and Amador
Elementary school are not valid.
Amador Elementary School Timings
Kindergarten 08:35 AM – 12:26 PM
1st – 5th Grades 08:25 AM – 02:00 PM (Mon-Tue)
08:25 AM - 03:00 PM (Wed-Fri)
2
Below is a Detailed Traffic Flow Analysis (with sample admission data based on similar
Childcare Centers).
Note that Amador Elementary school drop off timings are highlighted in light beige
background below to illustrate that there is no conflict of traffic flow in or out of Safari Kid
during those times.
*We arrange for Pick up services to drop-off children for our KG and Afterschool Programs. They usually operate 7-8
seater vans and on an average 6 kids are dropped-off per each vehicle (e.g. only 10 vehicles to drop-off 60 kids)
Furthermore, it should be noted that the Cottonwood Elementary School (950
student capacity located on Jordan Ranch to the south) is scheduled to open in Fall 2018
which will divert a large number of kids (currently) attending Amador Elementary School
over to the new Cottonwood Elementary School on Jordan Ranch.. This would begin
to offer an immense positive impact to Positano Parkway’s reduced traffic, months
before Safari Kid could begin operations at the proposed site.
Students Arriving at Safari Kid Students Leaving Safari Kid
Preschool KG Afterschool Preschool KG Afterschool
07:00 – 07:30 AM 75 0 0 0 0 0
07:30 - 08:00 AM 25 0 0 0 0 0
08:00 – 08:30 AM
(Amador timings- All) 0 0 0 0 0 0
08:45 - 09:00 AM 50 0 0 0 0 0
09:00 - 11:45 AM 0 0 0 0 0 0
11:45 AM - 12:15 PM 0 0 0 50 0 0
12:15 - 12:45 PM
(Amador timings - KG) 0 0 0 0 0 0
12:45 PM - 01:15 PM* 0 40* 0 0 0 0
02:00 - 02:30 PM (M/T)
Or
03:00– 03:30 PM (W/T/F)
(Amador timings– 1 to 5)
0 0 0 0 0 0
02:30 PM – 03:00PM*
Or
03:30 PM – 04:00PM*
0 0 60* 0 0 0
03:30 PM - 05:00 PM 0 0 0 40 0 0
05:00 PM - 05:30 PM 0 0 0 60 0 0
05:30 PM - 06:00 PM 0 0 0 0 35 20
06:00 PM – 06:30 PM 0 0 0 0 5 40