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HomeMy WebLinkAboutPC Reso 10-55 Kidango Day Care Ctr CUP/SDR RESOLUTION NO. 10-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLlN APPROVING A CQNDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE KIDANGQ DAY CARE CENTER LOCATED AT 7500 AMARILLO ROAD (APN 941-0101-003-Q3) PA 09-027 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 72 children and Site Development Review far the establishment of an outdoor playground including chain link fencing, two shade structures and play equipment (the "Project"); and WHEREAS, the Projecf is located in an R-1 (Singfe Family Residential} Zoning District; and WHEREAS, a Day Care Center is permitted in the R-1 Zoning District subject to approval of a Conditionaf Use Permit by the Pfanning Commission; and WHEREAS, the Project is located on the former Nielson E{ementary School site and operates out of existing classrooms previously used by the Elementary School; and WHEREAS, the Dublin Zoning Ordinance grants the Community Devefopment Director the authority to determine whether improvements not specifieaily identified in Chapter 8.104 (Site Development Review) require Site Development Review approval; and WHEREAS, the Community Development Director has determined that the establishment of the outdoor playground is subject to Site Development Review approval; and WHEREAS, in aecordance with Section 8.104.070 of the Dublin Zoning Ordinance, when a Site Development Review is required for a project which is also subject to a Conditional Use Permit, the Site Development Review shall be reviewed by the same decision-maker as the Conditional Use Permit; and WHEREAS, the Project includes chain link fencing to enclose the play area, finro accessory structures to provide shade for the children during times of outdoor play, and the installation of new playground equipment; and WHEREAS, chain link fencing +s permitted to enclose playgrounds pursuant to Chapter 8.72 (Landscaping and Fencing Regulations); and WHEREAS, pursuant to Chapter 8.40 (Accessory Structures and Uses Regufations}, unenclosed structures are permitted to be 15-feet in height with a minimum setback of 5-feet from the property line; and WHEREAS, the two, accessory shade structures are approximately 8'/2-feet tall and are setback approximately 100-feet from the northern property line and approximately 150-feet from the eastern property line and comply with the accessory structure requirements; and WHEREAS, existing playground equipment on the Nielson Elementary Schoof site is not age appropriate for the chifdren being cared for by Kidango and therefore approvaf of the instaffation of new playground equipment has been requested; and WHEREAS, the new playground equipment woufd be set back approximately 126-feet from the northern property line and approximately 150-feet from the eastern property line. The playground equipment is approximately 6-feet tall and complies with the accessory structure requirements; and WHEREAS, the Caiifarnia Environmental Quafity Act (CEQA), together with State Guidefines and City Environmental Regulations required that certain projects be reviewed for environmentai impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recammending that the Project be found Categorically Exempt pursuant to Section 153Q1 and15303; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and Site Qevelopment Review requests; and WHEREAS, the Planning Commission heid a publ'rc hearing on said applicatian on December 14, 2010; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider al{ said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dub{in Planning Commission does hereby make the following findings and determinations regarding the Conditiona! Use Permit: A. The proposed use and related structures is compafible with other tand uses, transportation and service facilities in the vicinity in that: 1) the Project is focated on a portion of a former elementary schoof site and utilizes existing classrooms and playground areas to provide child care services to the surrounding community; 2} the Project is consistent with the previous use of the site as an elementary school; and, 3) the Project provides child care for up to 72 children, significantly fewer children than when the Elementary School was in operation. B. It will not adversely affect the health or safety of persons residing or working in fhe vicinity, or be detrimental to the public health, safety and welfare in fhaf: 1) conditions of approval have been placed on the Project limiting outdoor play activities to between the haurs of 9am and 6pm and limiting the number of children within the piay area at any given time to 24 to minimize the potential for noise impacts on surrounding residential uses. 2of12 C. If wil! not be injurious to property or improvements in the neighborhood in that: 1} the Project utilizes existing classrooms for the operatian of the Day Care Center which would otherwise remain vacant; and, 2) the Project site provides adequate on-site parking for the Day Care Center in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations}. ' D. There are adequate provisions for public access, water, sanitation, and pubtic uti{ifies and services to ensure that the proposed use and related structures woufd nof be detrimental to the public health, safety, and welfare in that: 1) the Project is located on a fully improved site whieh was previousfy utifized as an elementary schoof; and, 2) the Project site has adequate provisions for public access from Amarillo Road as welf as provisions for water, sanitation, and public utilities and services. E. The subject site is physicalfy suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project is consistent with the previous use of the site as an elementary school and utilizes existing classrooms and playground areas to provide child care services to the community; and, 2) the Project provides child care for up to 72 chifdren, significantly fewer children than when the Efementary School was in operation. F. lt will not be contrary to the specific intent cfauses, development regulations, ar performance standards established for the zoning district in which it is located in that: 1) the Project will not generate traffic congestion nor will it overload public services or utilities; and, 2) the Project will not generate excessive noise, illumination, unsightliness, odor, smoke or other objectionable influences. G. /f is consistent with the Dublin General Plan and with any appticable Specifrc Pfans in that: 1) the Project is consistent with the Public/Semi-Public General Plan Land Use designation which encourages the establishment of chifd care centers; and 2} the Project is not locateci within a Specific Plan area. BE iT FURTHER RESOLVED that the City of Dublin Pfanning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of this Chapfer, with the Generat Plan and with any applicable Specific Plans and design guidelines in that: 1) the Project is consistent with other playground improvements on the former elementary school site; 2) the Project complies with the development regulations and requirements af the Dublin Zoning Ordinance inctuding height, setbacks, fencing and accessory structures; and, 3) the Project is consistent with the Public/Semi-Public General Plan land use. B. The proposal is consistent with the provisions of Titte 8, Zoning Ordinance in that: 1) the Project complies with the height and setback requirements of Chapter 8.72 (Landscaping and Fencing Regu{ations) and Chapter 8.40 (Accessory Structures and Uses Regulations} and comp{ies with Chapter 8.104 (Site Development Review}. 3of12 I ~I C. The design of the project is appropriate to the Gity, the vicinity, surrounding properfies I and the bt in which the projeet is proposed in that: 1) existing playground equipment on ' the Project site is not age appropriate for the children being cared for by Kidango and therefore the new play area is appropriate ta meet the needs of the Day Care Center; 2} the play area wilf be located within a portion of the playground area previausly utilized by Nie{son Elementary School; and, 3} the project exceeds the minimum setback requirements for accessory structures. D. The subject site is physically suitable for the type and intensity of the approved development in that: the Project is consistent with the previous use of the site as an I Elementary School and utilizes existing pfayground areas for outdaor play associated ' with the child care services provided by Kidango. , ; E. lmpacts to existing slopes and topographic feafures are addressed in thaf: 1} the Project ' is located on a fully developed site that is generally flat; and 2} the improvements associated with the p~ay area will not alter the existing grade of the site. F. Architectural considerations including the character, scafe and quality of the design, site layout, the architecturat relationship wifh the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a , project that is harmonious with its surroundings and compatible with other devefopment - i in the vicinity in that: 1) the Project is consistent with the previous use of the site as an elementary school; 2) the outdoor play area will be located within a portion of previously ' utilized play areas; 3) the chain link fencing that surrounds the play area is consistent with other fencing on the site and is not readily visible from the public right-of-way; 4) , the accessory shade structures meet all height and setback requirements for the R-1 ' Zoning District; and, 5) the new playground equipment is age appropriate for the ; chi{dren being cared for by Kidango and meets al! height and setback requirements. ' G. ~andscape considerations, including the location, type, size, color, te~ure and coverage ' of plant materials, and similar efements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in , that: 1) the placement of new play equipment would occur on existing turf and will not be visible from the pubfic right-of-way; and, 2) no other modifications to on-site landscaping are proposed. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) the Project does not propose to alter the existing circulation patterns which were established for the elementary schooL BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby find that the Project is exempt from the California Environmental Quality Act pursuant to Sections 15301 and 15303 of the CEQA Guidelines because it entails only a minor alteration of an existing structure with negligible expansion of the use of the existing structure, and the installation of two small structures within the meaning of Guideline Section 15303. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit and Site Deve{opment Review for the Kidango Day Care Center as shown on the project plans, date stamped received by Dublin Planning on August 6, 2009 and ' I 4of12 I October 13, 2010, and included as Attachment 3 to the Qecember 14, 2010 Planning Commission Staff Report, subject ta the foflowing conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of use and shaN be subject ta Planning Division review and approval. The folfowing codes represent those departments/ageneies responsible for monitoring compiiance of the conditions of approval: [PL] Planning; [B] Building; [PQ] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; {PCSJ Parks and Gommunity Services; [F] Dublin Fire Prevention; [DSR] Dubfin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alamecia County Ffood Control and Water Conservatian District, Zone 7; [LAVTAJ Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO. GONDfT10NS OF APPRQVAL Ageney Required, Source. ' Prior to: GENERAL ' 1. Approval. This Conditionaf Use Permit and Site PL On-going Planning Devetopment Review approval is for the establishment and operation of a Day Care Center at 7500 Amarillo Road, on a portion of Nielson Elementary School, for up to 72 children, and the construction and use of an outdoor play area and associated site improvements related to the operation of the Day Care Center. The project shall generally conform to the project plans and written statement submitted by the Applicant and included as Attachments 3 and 4 to the December 14, 2010 Planning Commission Staff Report. 2. Permit Expiration. Construction or use shall PL Two years DMC commence within two (2) years of Permit approval, from date of 8.96.Q20. or the Permit shall lapse and become null and approval D void. Commencement of construction or use means the actual construction or use pursuant to , the permit approval, or, demonstrating substantial I progress toward commencing such construction or use. If there is a dispute as to whether the Permit , has expired, the City may hold a noticed public ' hearing to determine the matter. Such a ' determination may be processed concurrently with ' revocation proceedings in appropriate I circumstances. If a Permit expires, a new application must be made and processed accordin to the re uirements of this Ordinance. I 5of12 3. Time Extension. The originai approving decision- PL Priar to DMC maker may, upon the Applicant's written request permit 8.96.020. for an extension of approval prior to expiration, expiration E and upon the determinatian that any Condi#ions of Approval remain adequate to assure that appl'rcable findings of approval will continue to be met, grant a time e~ctensian of approval for a period not to exceed 6 months. Afl time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular P~rmit. 4. Approval Period. This Conditional Use Permit PL On-going Pfanning approval shall be null and void in the event the approved use and/or struetures cease to operate for a continuous one-year period. 5. Annual Review. On an annual basis, this PL, PQ On-going Pfanning Conditionaf Use Permit and Site Development Review approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 6. Revocation. This permit shall be revocable for PL On-going DMC cause in accordance with Dublin Zoning 8.96.020.1 Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit ma be sub'ect to the issuance of a citation. 7. Minor Amendments. Modifications or changes to PL On-Going DMC this approval may be considered and approved by 8.100.080 the Community Develapment Director, if the and/or modifications or changes proposed comply with 8.104.030 Section 8.100.080 and/or 8.104.030, of the Zoning Ordinance. See also Condition of Approval No. 18. 8. Ctarifications and Changes to the Conditions. PL Through Standard In the event that there needs to be clarification to Completion these Conditions of Approval, the Community Devefopment Director has the authority to clarify the intent of these Conditions of Approval. Any clarification to these Conditions of Approval shall be documented in writing, signed by the Cammunity Development Director and p{aced in the project file. The Gommunity Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill the requirements of the permit a proval. 9. Hold Harmless/Indemnification. The Applicant ADM Through Administr shall defend, indemnif , and hold harmless the Com letion ation/ Cit 6 of 12 City of Dublin and its agents, officers, and Attorney employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, vaid, or annul an approva! of the City of Dublin or its advisory agency, appeal board, Pfanning Comm'rssion, 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 #ime period required by Government Code Section 66499.37 or other applicable faw; provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless shall be subject to the Gity's promptly notifying the Applicant of any said claim, action, or proceeding and the City's full cooperation in the defense of sueh actions or proceedin s. 10. Requirements and Standard Conditions. The Various Issuance of Standard Applicant shall comply with applicable City of Building Dublin Fire Prevention Bureau, Dublin Public Permits Works Department, Dublin Building Division, Dublin Police Services, Alameda County Flooc3 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 shali obtain any necessary permits or approvals provide form each such a enc or de artment. 11. Fees. The Applicant shall pay all applicable fees Various Issuance of Standard in effect at the time of building permit issuance Building including, but not limited to, Planning fees, Permits and Building fees, Dublin San Raman Services District Ongoing fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dubl'rn Fire Services fees; Noise Mitigation fees, Inelusionary Housing In- Lieu fees; Alameda County Fload and Water Conservation District (Zone 7) Drainage and Water Connection fees. 12. Property Maintenance. The ppplicant and/or PL On-going DMC Property Owner shall keep the property 5.64 maintained in a safe, c{ean, and litter-free condition at all times. 7of12 13. Graffiti. The Applicant and/or Property Owner PL On-going DMC shall keep the site clear of graffiti vandalism on a 5.68 regular and continuous basis, at all times. Where feasible raffiti resistant materials should be used. 14. Nuisance. The Applicant shaN eontrol all activities PL On-going DMC so as not to create a public or private nuisance to 5.28.Q2Q the existin and surroundin residents. 15. Temporary Promotionat Banners and Ba{loons. PL On-going DMC Temporary Promotional Banner Signs and 8.84 Balloons are prohibited in Residentiaf Zoning Districts and shall not be displa ed at an time. 16. Prohibited Signage. The use af any A-Frame, PL On-going DMC portable, or sandwich-board sign, or any other 8.84.150 sign contained in Section 8.84.15Q of the Dublin Zoning Ordinance shall be prohibited. PLANN'If~[G - Projec~ S ecific 17. Hours of Operation. The approved hours of PL On-going Planning operation are 7am-6pm, Monday through Friday. The Applicant shall be responsible for ensuring that the drop-off and pick-up of children is conducted in an orderly manner and does not ne ativel im act surroundin residents. 18. Outdoor Activities. Outdoor activities shall be PL On-going Planning limited to the designated outdoor play area as shown on the approved plans. No more than 24 children shall be present within the designated outdoor play area at any given time. Outdoor activities shall not occur prior to 9am or after 6pm and shall be limited to the foffowing five (5) play times, as indicated in the project's Written Statement and as analyZed through the Noise Assessment prepared for the project: • Three, 45-minute play times between 9am and 12noon; • One, 30-minute play time from 2:45pm ta 3:15pm; and, • One, 45-minute play time from 5pm to 5:45pm. Minor modifications to the outdoor play times may be considered by the Cornmunity Development Director as a Minor Amendment to the Conditionaf Use Permit so long as the duration of outdoor play times does not increase. An increase in outdoor play times shal( require preparation of a new Naise Assessment and shall be considered by the same decision-maker that ultimatel approved the 8of12 Conditional Use Permit. 18a. Noise. Outdoor play activities shall be controiled PL Qn-going Pianning so as not to create unusua! or unnecessary noise that may disturb or annoy persons living or workin in the vicinit . 19. Parking. A total of 26 parking spaces (14 spaces PL On-going Planning for parent drop-off and pick-up and 12 spaces for employees) shall remain available far use by the Kidango Child Care Center during the approved hours of operation. 20. Community Care Licensing. The Applicant must Various 30 days of Various be licensed and comply with alf State of California Permit Community Care Licensing (CCL) requirements. approval A copy of the approved State of California Comrnunity Care license shall be submitted within 30 days of approval of the Conditionaf Use Permit/Site Development Review. 21. Business License. The Applicant shall apply for Variaus 3Q days of Various a City of Dublin Business License within 30 days Permit of approval of the Conditionaf Use PermitfSite approval Development Review. RUBLIG WQRKS 22. Required Permits. An encroachment permit from PW Issuance of Public the Public Works Department may be required for Building Works any work done within the public right-of-way. Permits and On oin 23. Standard Public Works Conditions of Approval. PW Prior to Public Applicant/Developer shall comp4y with all approval of Works applicable City of Dublin Public Works Standard fmproveme Conditions of ApprovaL In the event of a conflict nt Plans between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 24. Erosion Control during Construction. PW Prior to Public ApplicanUDeveloper shall include an Erosion and issuance of Works Sediment Control Plan with the Grading and Grading/ Improvement plans for review and approval by the Sitework City Engineer and/or Public Works Director. Said Permit and plan shall be designed, implemented, and during continually maintained pursuant to the City's construction NPDES permit between October 1St and April 15tn or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Warks Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Pro er 9 of 12 erosion control measures must be installed at c3evelopment sites within the City during construction, and all activities shall adhere to E3est Management Practices. 25. Storm Drain Improvements. Applicant/Deve{oper PW Prior to Public shall instafl new Triton Filters in all on site catch issuance of Works basins. Occupancy Permit s 26. Storm Water Treatment Measures Maintenance PW Prior to Public Agreement. Applicant/Developer shall enter into issuance of Works an agreement with the City of Dublin that Occupancy guarantees the property owner's perpetual Permit(s) maintenance obligation for alf storm water treatment measures installed as part of the project. Said agreement 'rs required pursuant to Provision C.3.e.ii of RWQCB Order R2-20Q3-002'! for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices wifl be pro erl operated and maintained. 27. Accessible Walkway. Applicant shall provide an PW Prior to Public accessible concrete walkway from the public issuanee of Warks sidewalk on Amarillo Road to the bui{ding entrance Occupancy per California Building Code requirements. Said Permit(s) walkway shafl be 4'-minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossings. Please provide appropriate notes and detaiis on the plans. Please refer to current City af Dublin standards for more details. 28. Disabled Parking Stall. The existingL proposed PW Prior to Public disabled access parking stalls that directly serve issuance of Works the subject tenant space must be upgracied and Occupancy moved c(oser to main entrance to conform to Permit(s) current ADA/Title 24 standards. 29. Vehicle Parking. Applicant shall re-stripe the PW Prior to Public entire parking field. All parking spaces shall be issuance of Works ' double striped using 4" white {ines set Occupancy I'! approximately 2 feet apart according to Figure 76- Permit(s} ~I 3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. Wheef stops as necessa shalf be provided at the parkin stalls. 10 of 12 30. Signs and Pavement Markings. The ApplicanU PW Prior to Public Developer shall be responsible for the following issuance of Works on-site tra~c signs and pavement markings: Occupancy Permit(s) a. Directional pavement arrows in the drive aisles. b. R26F "No Stopping - Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire MarshalE. c. R100B (disabled parking regulations sign} shall be installed at eaeh of the driveway entrance to the site with amended te~ct to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-667Q". d. Handicapped parking signs and legends per State Title 24 requirements. e. The word "Compact" (12" high letters) shall be stenciled on the pavement surface within each campact parking space. f. "No Dumping - Drains to Bay" markers at alf storm drain inlets. g. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 31. Construction Hours. Construction and grading PW During Public operations shall be limited ta weekdays (Monday Constructio Works through Friday) and non-City hofidays between the n hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:0~ pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holida work. 32. Damage/Repairs. The Applicant/Developer shall PW Prior to Public be responsible for the repair of any damaged issuance of Works pavement, curb & gutter, sidewalk, or other public Occupancy street facility resulting from construction activities Permit associated with the develo ment of the ro'ect. POLICE 33. Non Residentia{ Security Ordinance PO On-going DMC Requirements. The Appficant shall comply with 7.32.310 all applicable City of Dublin Non Residential Securit Ordinance re uirements. 34. Lighting. The Applicant shall ensure that there is PO On- oin DMC 11 of 12 adequate lighting to enhance the safety of visitors 7.32.310( and chiidren within and around the facilit . c 35. Door Signage. All doors shall be identified inside PO 30 days of DMC and outside as to their respective purposes (e.g., Permit 7.32.310( "classroom A", or "Exit Only"). Placard signs or approval a}(10) vinyl letterin ma be used. 36. Facifity Diagram. A diagrarn of the interior of the PO 30 days of DMC facility identifying each room shall be displayed in Permit 7.32.310( the office at all times. a roval a 10 37. Business Site Emergency Response Card. The PO 30 days of Po{ice Appticant shall complete a"Business Site Permit Emergency Response Card" and deliver it to approva( Dublin Police within 30 days of approvaf of the Conditional Use PermiUSite Development Review. PASSED, APPROVED AND ADOPTED this 14th day of December 2010 by the follawing vote: AYES: King, Schaub, Wehrenberg NOES: ABSENT: Brown ABSTAIN: ~ ~ anning Commission Chair ATT T• l Planning M ager II I ~ I 12 of 12