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HomeMy WebLinkAboutPC Reso06-09 06-003 Mission Hope Day Program CUP RESOLUTION NO. 06-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR MISSION HOPE DAY PROGRAM IN THE C-O (COMMERCIAL-OFFICE) ZONING DISTRICT LOCATED AT 6300 VILLAGE PARKWAY (APN 941-1401-008-003) P A 06-003 WHEREAS, Jay Gamez ("Applicant"), on behalf of Mission Hope Day Program, is requesting the approval ofa Conditional Use Permit to allow an Adult Day Program/Adult Daycare Facility in a CoO (Commercial Office) Zoning District at 6300 Village Parkway; and WHEREAS, a Day Care Center is a use that is conditionally permitted in a CoO (Commercial Office) Zoning District; and WHEREAS, a parking study dated March 13, 2006, which studied the expected parking demand from Mission Hope Day Program, was conducted by Omni Means; and WHEREAS, the Applicant has submitted project plans dated received on February 14, 2006; 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 15301, Existing Facilities, as the use occurs within a leased existing facility involving no expansion of an existing use; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on April 11, 2006; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proj ect; and WHEREAS, the staff report was submitted recommending that the application be conditionally approved. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby find that: A. The proposed use, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity, in that: 1) the area is zoned for commercial office uses. including automobile/vehicle brokerage. banks and financial services and professionaVadministrative offices; 2) Section 8.12.050 states that a Day Care Center is permitted in the CoO (Commercial Office) Zoning District with a Conditional Use Permit; 3) the proposed location of the facility is in a 2.310 square foot tenant space located in an existing building; and 4) the proposed facility will onlv be open for instruction for 5.5 hours per dav. Mondav through Fridav. from 9:00 a.m. to 2:30 p.m. Several staff members will be on site at 8:00 a.m.. prior to instruction. and immediatelv following instruction until 3:30 o.m. for administrative Durooses. B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health safety and welfare because: 1) the proposed facilitv will complv with all Citv of Dublin regulations; 2) the prooosed facilitv will be located in an existing building; 3) the use will be conducted within the enclosed building or off- site; and 4) the use creates no recognizable negative impacts. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood, in that all activities will be conducted either within the applicant's tenant space or off-site and the use will be comoatible with the surrounding office uses. D. There are adequate provisions for public access. water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare, in that the proposed use will be located within an existing office space and will not require additional public services. E. The subject site is physically suitable for the type, density and intensity of the use being proposed, in that the size of the tenant soace can easilv accommodate the number of participants that will be on site for vocational training. F. The proposed use, as conditioned, 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 Zoning Ordinance allows davcare facilities in the Commercial Office Zoning District as a conditional use; 2) conditions of approval have been applied to the proiect to ensure on-going compatibilitv with surrounding land uses; 3) a parking studv was conducted bv Omni-Means on March 13. 2006 in order to determine that adequate parking would be available on-site for the proposed use; and 4) pursuant to Section 8.76.050.F of the Citv of Dublin Zoning Ordinance, "Parking Reductions For An Individual Use". a reduction of off-street oarking can be granted when the Applicant believes that a proposed use within their proiect would function differently than the generic use type, and associated parking standards. required bv the Zoning Ordinance. The parking studv recommends a reduction in the number of required parking spaces to 18 soaces. due to the unique circumstances in which Mission Hope Dav Program would operate. such as client's shuttled to and from the site in vans. emplovee driven vans. and overlapoing emplovee/van loading. The parking studv found that at peak parking demand there would be a surplus of 10 spaces on site and concluded that the 46 stalls available on site would be adequate to meet the expected peak parking demands for the office uses and Mission Hooe Dav Program. G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which designates the area as Business Park/Industrial. 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 deoartments/agencies responsible for monitoring comoliance of the conditions of approval: rPLl Planning. rBl Building. rpOl Police. rpWl Public Works, rADMl Administration/Citv Attornev. rFINl Finance. rFl Alameda Countv Fire Department. rDSRSDl Dublin San Ramon Services District. rCOl Alameda Countv Department of Environmental Health. 2 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL - CONDITIONAL USE PERMIT 1. Permitted uses. This Conditional Use Permit approval PL On-going Planning for PA #06-003 is for the operation of Mission Hope Day Program. The project shall generally conform with the project plans prepared by Interform Commercial Interiors received February 14, 2006, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review and Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration and Time Extension. Approved use PL One year DMC shall commence or demonstrate substantial progress from date of 8.96.020.D toward commencement within one (I) year of CUP approval andE approval. Otherwise, the CUP shall lapse and become null and void, in which case a new application must be made and processed. The original approving decision- maker may grant a time extension for a period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the City Council. 3. Approval Period. This Conditional Use Permit approval PL On-going Planning 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. 4. Annual Review. On an annual basis, this Conditional PL,PO On-going Planning Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Aooroval. 5. Revocation. This permit shall be revocable for cause in PL On-going DMC accordance with Dublin Zoning Ordinance Section 8.96.020.1 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 6. Minor amendments. Modifications or changes to this PL On-going DMC Conditional Use Permit approval may be considered and 8.100.080 approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, ofthe Zoning Ordinance. 7. Property Maintenance. The Applicant shall maintain PL On-going DMC 5.64 all building materials III good condition, including canvas awnings and signs, and shall keen the site clear of 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: graffiti vandalism on a regular and continuous basis. 8. Graffiti. The Applicant and/or Property Owner shall PL On-going DMC 5.68 keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 9. Nuisance. The Applicant shall control all business PL On-going DMC activity so as not to create a public or private nuisance to 5.28.020 the existing and surrounding businesses and residents. 10. Noise. Loudspeakers shall be controlled at a low level as PL,PO On-going DMC 5.28 so not to create a public or private nuisance to the existing and surrounding businesses and/or residential neighborhoods. No amplified music shall be allowed outside the enclosed buildings. 11. Sign Permits. No permanent signage is permitted as part PL,B Installation DMC of this application. Permits must be applied for and 8.84.11 0 obtained in reference to any relocation or addition of signs. 12. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons shall 8.84.050 only be permitted after first secunng an approved Temporary Promotional Sign Permit. Any signage on site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 13. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 14. Outdoor Events. Any outside events shall be subject to PL On-going DMC the Temporary Use Permit requirements contained in the 8.108.020 City of Dublin Municipal Code, specifically Section 8.108.020. PROJECT SPECIFIC - CONDITIONAL USE PERMIT 15. Hours of Operation. The approved hours for instruction PL On-going Planning are 9:00 a.m. to 2:30 p.m., Monday through Friday. Staff may be present on-site from 8:00 a.m. to 3:30 p.m., Monday through Friday for administrative purposes. The applicant shall be responsible for ensuring that activities in the parking lot and noise are maintained in a manner that minimizes the impacts on surrounding businesses and residents. 16. Parking. The parking area shall be used in the manner PL On-going Planning represented III application plans, written and verbal statements and other documents, including the applicant's written statement received February 7, 2006, 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: and as stipulated in this Conditional Use Permit. 17. Parking Study. If the parking situation at 6300 Village PL On-going Planning Parkway changes due to changes in tenant occupancy, and the assumptions used in the parking study prepared by Omni-Means dated March 13, 2006 become invalid, the Community Development Director shall have the authority to open the Conditional Use Permit for review and may require Mission Hope Day Program to modify their operations in such a manner as to reduce the parking demand on site, subject to the review and approval of the Communitv Development Director. 18. Use. The facility shall serve a maximum of 60 participants for day use only. The facility shall not be used as a 24-hour care facility nor shall it accommodate any living or sleeping arrangements. BUILDING DIVISION 19. Fees. The Applicant shall pay all applicable fees in B Issuance of Standard effect at the time of building permit issuance, including, Building but not limited to, Planning Fees, Building Fees, Dublin Permits San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 20. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of the building permit. 21. Building Permits. To apply for building permits, B Issuance 0 f Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 22. Construction Drawings. Construction plans shall be B Prior to Building fully dimensioned, accurately drawn (depicting all issuance of existing and proposed conditions on site), and prepared Building 5 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: and signed by a California licensed Architect or Permits Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. 23. Addressing. Address will be required on all doors B Prior to Building leading to the exterior of the building. Addresses shall occupancy be illuminated and be able to be seen from the street,S inches in height minimum. FIRE PREVENTION DIVISION 24. Provide an occupancy separation between the day care F Prior to CBC 302.1 and the adjacent uses as required bv CBC 302.1. occupancy 25. An automatic sprinkler system is required throughout the F Prior to Fire first floor ofthe building. A sprinkler monitoring system occupancy is required if the building has over 100 sprinkler heads. The monitoring panel shall be tied to a UL listed central station. 26. Exit signs shall be provided as required by the CBC F Prior to CBC chaoter 10. occupancy Chapter 10 27. Provide panic hardware on the exit doors as required by F Prior to CBC CBC 1007.3.10. occupancy 1007.3.10 28. Provide a fire alarm system in the space as required by F Prior to CBC CBC 305.9.9. The system shall be tied into the sprinkler occupancy). 305.9.9 monitoring system for the building. 29. Provide 2AI0BC fire extinguishers, in locations approved F Prior to CFC 1002 by the Fire Department, in the space. An approved sign in occupancy accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. 30. Provide a Knox box at the main entrance to the space. The F Prior to CFC 902.4 Knox box shall contain a key that provides access to the occupancy tenant space. Order forms for the Knox box are available at the fire prevention office at the address above. The key can be placed in the box during the Fire Department inspection. 31. Approved address numbers shall be placed on the space F Through CFC in such a position as to be plainly visible and legible from completion 901.4.4 the street or road fronting the property. Said numbers shall be olaced on a contrasting background. 32. The project shall comply with Uniform Building and Fire F,B Through Fire Codes as adopted bv the City of Dublin. completion 33. Adjacent tenant spaces were not reviewed and require F Fire separate submittals. DUBLIN POLICE SERVICES 34. Residential and Non-Residential Security Ordinance. PO Ongoing Police The Applicant/Developer shall comply with all applicable City of Dublin Residential and Non- 6 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Residential Security Ordinance requirements. 35. Emergency Response Card. The tenant shall complete a PO Occupancy Police "Business Site Emergency Response Card" and deliver it to the Dublin Police prior to occupancy. 36. Doors. Door sensors with audible alarms shall be installed PO Occupancy Police onside and rear egress doors as part ofthe door hardware to assist in detecting those doors being opened. 37. State Licensing. The applicant must be licensed and P On-going Police comply with all State of California Community Care Licensing (CCL) requirements. 38. Business License. The applicant must apply for a City of P Prior to Police Dublin Business License: Occupancy . A copy of the approved State of California Community Care license must be submitted. DSRSD (DUBLIN SAN RAMON SERVICES DISTRICT) 39. Standard facilities. Prior to issuance of any building DSRSD Prior to DSRSD permit, complete improvement plans shall be submitted issuance of to DSRSD that conform to the requirements of the any building Dublin San Ramon Services District Code, the DSRSD permit "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD oolicies. 40. Fees. Prior to issuance by the City of any Building Permit DSRSD Prior to DSRSD or Construction Permit by the Dublin San Ramon Services issuance of District, whichever comes first, all utility connection fees any permit including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 41. Indemnification. The applicant shall hold DSRSD, its DSRSD On-going DSRSD Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 7 PASSED, APPROVED, AND ADOPTED this 11 'h day of April, 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle and Fasulkey NOES: None ABSENT: None ABSTAIN: Commissioner King /' /(;IJ;Xa,~.. Planning Commission Chair ATTEST: G:\PA#\2006\06-003 Mission Hope Day Program\PC Resolution (revised).DOC 8