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HomeMy WebLinkAbout6.1 Montessori Plus Day Care~~~~ OF DU~~~ 111 ~~\\ 1~) ~'- ~ih)1t~2 '~~Y DATE: TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #410-30 November 15, 2011 Honorable Mayor and City Councilmembers Joni Pattillo, City Manager ` a~,.~ ~a SUBJECT: Appeal of Planning Commission approval of the Montessori Plus Day Care Center Conditional Use Permit and Site Development Review Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will consider an appeal of the Planning Commission's approval of a Conditional Use Permit for the operation of Montessori Plus, a Day Care Center with up to 60 children, and of a related Site Development Review for the establishment of an outdoor play area. The proposed Day Care Center would be located in a single-story building located at 11900 Silvergate Drive, at the northwest corner of Silvergate Drive and Dublin Green Drive. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Disclose ex parte contacts; 2) Receive Staff presentation; 3) Open the public hearing; 4) Take testimony from the Appellant, Applicant and the public; 5) Close the public hearing and deliberate; and 6) Take the following action: a) Affirm the Planning Commission's adoption of Resolution 11-25 approving a Conditional Use Permit and Site Development Review for the Montessori Plus Day Care Center located at 11900 Silvergate Drive and affirming the Findings set forth in the Planning Commission Resolution; OR b) Direct the City Attorney to prepare findings for the City Council to adopt that: a) affirm the Planning Commission's action in part, with or without additional Conditions of Approval, or b) reverse the Planning Commission's action. Submitted By Director of Community Development ~l`~=- ~- Reviewed By Assistant City Manager Page 1 of 10 ITEM NO. 6.1 DESCRIPTION: The project site has a General Plan Land Use Designation of Retail/Office and is located within a C-O (Commercial Office) Zoning District. Montessori Plus has been located at 7238 San Ramon Valley Boulevard in Dublin for the last 15 years. They are vacating their current location and are purchasing the property at 11900 Silvergate Drive. Figure 1. Proposed Montessori Plus Day Care Center Site Montessori Plus provides child care services for pre-kindergarten children between the ages of 3 to under 6 years old. They are open Monday through Friday from 7:30 a.m. to 6:30 p.m. and will provide care for a maximum of 60 children. Children are dropped off between 7:30 a.m. and 9:30 a.m. and are picked-up between 11:45 a.m. until they close at 6:30 p.m. According to the project plans, the subject building has a floor area of 7,082 square feet. The Montessori Plus Daycare Center floor plan consists of a lobby, the main indoor activity area for the children, rest room facilities, storage, and a room devoted to food preparation. There will be approximately 1,969 square feet of the building that will not be used for the Montessori Plus operations and will remain vacant. A play area for the children will be constructed along the east side of the project site (adjacent to Dublin Green Drive) and it will extend around the building to encompass a portion of the south side of the building adjacent to Silvergate Drive. The Dublin Zoning Ordinance defines a Day Care Center as a child day care facility that accommodates 15 or more children. Day Care Centers are required to obtain a Conditional Use Permit in the C-O Zoning District. The Applicant is requesting approval of a Conditional Use Permit for the operation of a Day Care Center with up to 60 children and a Site Development Review for a fenced play area with new playground equipment, landscape, and a trash enclosure. Page 2 of 10 The project is more fully described in the Planning Commission Staff Report dated September 27, 2011. (Attachment 1) Pursuant to the appeals process set forth in the City of Dublin Zoning Ordinance (Chapter 8.136) for Planning actions, the Appellant must state the "extent of the appeal and the reasons and grounds for appeal." The appeal of the Planning Commission's approval on September 27, 2011 is confined to concerns regarding conformance with the property zoning, noise, traffic and parking, aesthetics, and children's safety. Accordingly, this Staff Report addresses only those topics areas and the City Council's decision will be whether the Planning Commission's adoption of Planning Commission Resolution No. 11-25, approving a Conditional Use Permit and Site Development Review, should be affirmed, affirmed in part, or reversed. Staff recommends that the City Council affirm the Planning Commission's adoption of Resolution 11- 25. PLANNING COMMISSION ACTION: The Planning Commission first considered this application at its meeting on July 26, 2011. After the public hearing and subsequent discussion and deliberation, the Planning Commission approved Resolution 11-22 (vote 4-0-1, Cm. Schaub absent) to approve the Conditional Use Permit and Site Development Review with several additional Conditions of Approval. After the Planning Commission decision, several neighbors submitted a letter to the City appealing the approval over concerns related to traffic, noise, safety, and public notice procedures. However, it was subsequently discovered that the Public Notice for the Planning Commission meeting was not sent to all parties who were entitled to notice. The notice was sent to a mailing list that was prepared and certified by Chicago Title Company, and spot- checked by the Planning Consultant that was the Project Planner. That list was later found to be incorrect, resulting in an error in the distribution of the public notices. Therefore, it was determined that the item should be re-agendized for Planning Commission consideration instead of moving forward to the City Council on appeal. The Planning Commission reviewed the proposed project again at aproperly-noticed public hearing on September 27, 2011. A number of residents from the surrounding area spoke in opposition to the project. After considerable discussion, the Planning Commission voted 5-0 to approve the project. The Resolution approved by the Planning Commission included several additional traffic safety conditions that were added to the project at the July 26, 2011 hearing. The September 27, 2011 Planning Commission Meeting Minutes are included as Attachment 2 to this Staff Report and Resolution 11-25 is included as Attachment 3. APPEAL PROCESS: Chapter 8.136 of the Zoning Ordinance contains the regulations and procedures that must be followed if an action of the Planning Commission is appealed to the City Council. In brief, an appeal and filing fee must be filed with the City Clerk within 10 calendar days of the Planning Commission action. The appeal must be scheduled for a Public Hearing within 45 days of the filing of the appeal. The City Council may defer decision on the appeal at the Public Hearing but must take action within 75 days of the filing of the appeal. On October 6, 2011, several neighbors signed and submitted a letter appealing the approval of the Conditional Use Permit and Site Development Review for the Montessori Plus Day Care Page 3 of 10 Center by the Planning Commission (Attachment 4). In accordance with Chapter 8.136, the City Council must hold a Public Hearing no later than November 21, 2011 (within 45 days of the filing of the appeal) and must take action no later than December 21, 2011 (within 75 days of the filing of the appeal) or the Planning Commission decision is deemed confirmed. Chapter 8.136 of the Zoning Ordinance states that the City Council may, by majority vote, affirm, affirm in part, or reverse the Planning Commission's decision to approve the Project. If the City Council decides to affirm the Planning Commission's decision to approve the Project, the City Council may adopt additional Conditions of Approval that address the specific subject of the appeal. The draft Resolution to affirm the Planning Commission's decision is included as Attachment 5. ANALYSIS: In reviewing the application, Staff relied on Chapters 8.100 (Conditional Use Permit) and 8.104 (Site Development Review) of the Dublin Zoning Ordinance. Staff reviewed the project for conformance with the standards and findings of these two chapters, and after finding that the project was in conformance, recommended approval of the project to the Planning Commission. The findings are stated in Planning Commission Resolution 11-25 (Attachment 3). As noted above, several neighbors filed an appeal of the Planning Commission's approval of the Conditional Use Permit and Site Development Review for the Montessori Plus Day Care Center. The letter cited concerns about whether the zoning of the project site is appropriate, noise, traffic and parking, aesthetics, and suitability of the proposed use at this location. The following is a discussion of the issues that were raised in the appeal letter. Site Zoning and Permitted Uses The appeal letter raised a question about whether the proposed use should be classified as a Commercial School, and therefore not permitted in the C-O (Commercial Office) Zoning District, or as a Day Care Center, which is permitted with a Conditional Use Permit. Definitions for the two different types of uses are as follows: Day Care Center. The term Day Care Center shall mean any child day care facility other than a Large Family Day Care Home or a Small Family Day Care Home (Day care centers accommodate 15 or more children). School -Commercial. The term School -Commercial shall mean a private business, beauty, cooking, or trade school of anon-recreational nature, or other school which is determined to be substantially similar to the above by the Director of Community Development, located in a commercial zone, and which charges a fee for attendance. Facilities which teach sports or recreation such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools, and private schools that fulfill the State's compulsory education requirements, are addressed by the Community Facility Use Type. The current Montessori Plus facility is licensed by the State of California as a Day Care Center. Montessori Plus would continue under this licensing classification at the new site, if approved. The facility will accommodate more than 15 children, and provides services that are most consistent with child day care operations than school operations. For example, it would be open from 7:30 a. m. to 6:30 p. m. on weekdays. Those hours are much more consistent with a day Page 4 of 10 care facility that provides either partial or full-day child care and supervision services, rather than with a Commercial School, which would not typically provide instruction during this duration of time. The State of California defines a "Child Care Center" or "Day Care Center" as "any child care facility of any capacity, other than a family child care home, in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting." This is different than a Commercial School, which does not provide care and supervision, but focuses on training and instruction. Any facility in a commercial setting that provides care for young children during the daytime, whether referred to as apre-school, nursery school, kindergarten, day care center, or other moniker, is considered a Day Care Center, not a Commercial School. The appeal letter also raised a question about whether all uses in the C-O (Commercial Office) Zoning District are required to be conducted indoors. With the approval of a Conditional Use Permit, a Day Care Center is allowed in a C-O (Commercial Office) Zoning District. Since Day Care Centers are required to have outdoor activity space to meet licensing requirements, some degree of outdoor uses are required to be permitted with the approval of the Conditional Use Permit. Noise The hours of operation for Montessori Plus are Monday through Friday 7:30 a.m. to 6:30 p.m. In order to ensure ongoing compatibility with the surrounding residential neighborhood, Conditions of Approval have been placed on the project that limit outdoor playground activities to between the hours of 9 a.m. to 5 p.m. A maximum of 30 children may be in the play area for two half-hour periods in the morning and one half-hour period in the afternoon. The Dublin General Plan Noise Element includes policies regarding noise and the location of land uses. An Environmental Noise Impact Report was prepared by Rosen Goldberg Der and Lewitz, Inc. to evaluate the potential noise impacts from the day care center's outdoor play area (Attachment 6). To quantify the existing ambient noise levels at the site a series of noise measurements were made at locations around the project site near the adjacent homes. The major source of noise during the ambient measurements was distant traffic on I-680 and San Ramon Valley Boulevard as well as local traffic on Dublin Green Drive and Silvergate Drive. The Community Noise Level or CNEL was between 53 dBA and 60 dBA. The City's normally acceptable compatibility standard CNEL for a residential area is CNEL 60 dBA. The predicted noise level from children using the proposed project's play yard is expected to be within the normally acceptable level of 60 dBA per the City's General Plan Noise Element. With the ambient traffic noise at the site, the play area noise is not expected to significantly increase the long-term average noise levels at the nearby residences. The appeal letter raised a question as to the adequacy of the noise study. The noise study for the Montessori Plus project uses noise measurements of similar aged children playing outdoors with equipment that is similar to the proposed project. These noise measurements were already on file, and important factors, such as the number of children and the distance between the play area and the nearest homes were factored into the noise level estimates for the project. The noise study also compared the play area noise levels measured at the Kindercare facility with those measured at another preschool in Dublin, Kidango, and found them to be comparable. The fact that the facility was not operated by the same owners as the proposed project is not expected to affect the findings of the Montessori Plus project noise study. Page 5 of 10 The appeal letter also raised a question as to whether the ambient noise from nearby St. Raymond School was factored into the study. The original noise measurements were taken in April 2011, and noise from the St. Raymond school grounds was not evident. In order to ensure that the Appellant's question could be answered, another noise measurement was taken in October 2011. Staff contacted St. Raymond School to make sure that school was in session and that normal playground activities were taking place during the time of the additional measurements. The results of the supplemental ambient noise measurements were comparable to the original ambient noise measurements and the sound of children playing was not audible near the project site. The noise study concluded that the contribution of noise from St. Raymond School does not significantly affect the noise environment of the homes closest to the project site. Therefore, consideration of existing noise from St. Raymond School does not change the conclusions of this noise analysis. Traffic and Parking The appeal letter raised a question as to the traffic safety of the project site. The City's Transportation and Operations Manager reviewed anticipated traffic volumes, collision history, and sight distances at the project site. The following is a summary of this review. A memo with details regarding the results of this review is included as Attachment 7 to this Staff Report. Montessori Plus proposes to occupy an existing office building. The proposed change from an office use to day care is anticipated to result in a net increase of 191 daily vehicle trips to and from the site. The additional trips generated by this use will likely be noticeable to neighbors. However, the additional trips generated by this use are not expected to exceed the capacity of the roadway or create any safety hazards. Staff conducted a review of collision history on Silvergate Drive in the vicinity of the project over the last five years. The review focused on Silvergate Drive west of San Ramon Road to west of Dublin Green Drive. There have been six collisions over the five year period. However, the quantity and type of accidents do not indicate that there is a safety problem at this location. The sight distance for the driveway on Silvergate Drive and the driveway on Dublin Green Drive was also examined. The sight distance at the driveway on Silvergate Drive is currently limited. However, this will be improved with the proposed removal of the topiary bushes at the corner of Silvergate Drive and Dublin Green Drive. The sight distance at the egress driveway on Dublin Green Drive is limited due to the existing fence and vegetation. The circumstances at this location could be improved by installing a stop line, stop legend and stop sign at the driveway. Condition of Approval 71 has been included, which details traffic safety signage that will need to be installed prior to occupancy as a Day Care Center. Chapter 8.76 (Off Street Parking and Loading Regulations) of the Dublin Zoning Ordinance sets forth the parking requirements for Day Care Centers as follows: • 1 parking space per employee; • 1 parking space per company vehicle; and • 1 loading space for every 5 children at the facility. Montessori Plus will have a maximum of 8 employees including the two owners, no company vehicles and 60 children. Therefore, the total parking requirement is 20 spaces per the table Page 6 of 10 below. A total of 24 parking spaces will be provided on the site including one disabled parking space. Table 1. Montessori Plus Parkina Reauirements Number Parking Ratio Required Parking Employees 8 1 per employee 8 Company Vehicles 0 1 per company vehicle 0 Children 60 1 per 5 children 12 Total Parking Required 20 Not all of the employees will be at the site at the same time, and the parent drop off and pick up times are staggered as well, so the amount of parking required at the site is expected to be sufficient. Aesthetics The project was reviewed for compliance with Chapter 8.104 (Site Development Review) of the Zoning Ordinance. Staff examined the proposed site as well as the proposed site improvements including the outdoor playground enclosed with a tubular steel fence with mesh screening, new trash enclosure, and modifications to the site landscaping. Existing landscaping consisting of ivy and trees will be removed from the proposed play area location. New landscaping will be provided between the tubular steel fence and the back of the sidewalk along both street frontages. The new landscaping will consist of trees, shrubs and groundcover. New landscaping will also be provided between the parking lot and the west side of the building. Condition of Approval No. 10-14 requires that landscape and hardscape treatment beyond that which is shown in the project plans be incorporated into the final site installations. The low retaining wall proposed in the project plans will be finished and have an integral color to match the building. The proposed project plans are included as Exhibit A to Attachment 3. Safety and Suitability of the Site The appeal letter questioned whether the site is suitable for the proposed project and whether or not the Day Care Center will meet the requirements of State Licensing. Dublin Police Services Crime Prevention Staff reviewed the project and did not object to the proposed location of the day care. The Applicant incorporated a steel tube fence and mesh screen to reduce the ability to climb or reach through the fence at the request of Crime Prevention Staff. In addition, Crime Prevention Staff included several Conditions of Approval for the project (Conditions of Approval No. 48 through 61 of Attachment 3) to ensure that the business operates in a safe manner. The State of California regulates the provision of outdoor play space for Day Care Centers. Once a Conditional Use Permit for Montessori Plus is approved, the State will conduct a review of the proposed facility and will apply their criteria to assure that the facility has sufficient outdoor space to meet State licensing requirements. It is not the City's role to make this determination. The appeal letter further questions the safety of the proposed location as it relates to smoking by nearby residents as well as the general public. Chapter 5.56 of the City's Municipal Code is the Smoking Pollution Control Ordinance. One of the stated purposes of the Ordinance is "To Page 7 of 10 provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes." While the Ordinance prohibits smoking in many public and commonly-shared areas, there are no requirements in the Ordinance that would restrict the ability of property owners adjacent to or in the vicinity of the subject property to exercise their right to smoke in their own yards or homes. The Ordinance prohibits smoking within a "reasonable distance" (which is defined as 20 feet) from uses such as an outdoor play area, and the future proposed outdoor play area for the project measures more than 40 feet from nearby residential properties. Additionally, the Ordinance would not prohibit people from smoking on the sidewalk adjacent to the property as long as they were "actively passing on the way to another destination" in accordance with Chapter 5.56. The State will conduct a review of the proposed facility and will apply their criteria regarding smoking to assure that the facility meets State licensing requirements. It is not the City's role to make a determination regarding the State's smoking regulations. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The project site is designated Retail Office in the General Plan and is located in a C-O (Commercial Office) Zoning District. The C-O Zoning District allows the operation of a Day Care Center subject to approval of a Conditional Use Permit by the Planning Commission. An environmental noise assessment was prepared and concluded that the noise generated by the project playground activity would not exceed the standards set forth in the Noise Element of the Dublin General Plan. Conditions of Approval have been applied to the project to ensure on- going compatibility between the Day Care Center and surrounding single-family residences. The project meets the parking requirements set forth in Chapter 8.76 (Off-street Parking and Loading Regulations). REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies were included in Planning Commission Resolution 11-25 (Attachment 3). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. This project is Categorically Exempt from CEQA in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion) and 15303 (new construction or conversion of small structures). The project involves no expansion of the existing commercial building and only minor site enhancements. The project consists of a Conditional Use Permit for the operation of a Day Care Center for up to 60 children; and Site Development Review for modifications for a fenced play area with new playground equipment, landscape, and a trash enclosure. Page 8 of 10 The Project is consistent with the General Plan Retail/Office land use designation and with the Commercial Office (CO) Zoning District in which it is located which allows Day Care Centers as a conditional use. The Project, as proposed and conditioned by the Planning Commission, includes measures to provide compatibility with adjacent residential uses. These measures include restrictions on the location of the play area away from the residences, and a Condition of Approval limiting outdoor playtime. The Project is in the City limits, on an approximately 0.54 acre site that is surrounded by existing developed commercial and residential uses. The Project site is developed with a structure and parking lot and has no habitat value. The Project would not result in any significant effects relating to noise, air quality or water quality. While there is anticipated to be in increase in traffic, the City's Traffic Engineer determined that the Project would not result in an increase in traffic beyond acceptable levels as noted in Attachment 7 and summarized in this staff report. The Project would not use hazardous materials or generate hazardous emissions and any wastewater would be discharged into the public sewer system for treatment and disposal. A Noise Study prepared for the Project determined that the Project site and adjacent residences are already affected by traffic noise. The study analyzed the potential effects of play area noise on adjacent residential uses and determined that the Project would not exceed Normally Acceptable noise levels for residential uses and would not substantially increase ambient noise levels at residences. The added condition of approval limiting outdoor playtime will also minimize Project noise. The Project is proposed on an existing developed lot with an existing structure; the Project site has access to public streets and is served by public utilities and services. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice regarding this Public Hearing was mailed to all property owners and occupants within 300 feet of the proposed Project as well as each of the Appellants listed in the Appeal Letter. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. At the time of completion of this Staff Report, Staff has received two emails from past and current Montessori Plus families noting their support for the proposed project and noting that the existing site does not have traffic safety or parking issues. The emails are included as Attachments 8 and 9. City Councilmembers and Staff also received an email from the Project Applicants, which is included as Attachment 10. ATTACHMENTS: 1. Planning Commission Staff Report dated September 27, 2011. 2. Planning Commission Meeting Minutes dated September 27, 2011. 3. Planning Commission Resolution 11-25 approving a Conditional Use Permit and Site Development Review for the Montessori Plus Day Care Center located at 11900 Silvergate Drive, with the Project Plans attached as Exhibit A. 4. Letter of Appeal dated October 6, 2011. 5. City Council Resolution Affirming Planning Commission Resolution 11-25 approving a Conditional Use Permit and Site Development Review Permit for the Montessori Plus Day Care Center located at 11900 Silvergate Drive and imposing additional Conditions of Approval. 6. Environmental Noise Assessment for Montessori Plus Day Care Center prepared by Rosen Goldberg Der and Lewitz dated October 31, 2011. Page 9 of 10 7. Traffic Impact Review Memo dated August 19, 2011. 8. Comment letter from Roohi Agarwal dated 10/27/2011. 9. Comment letter from Zenia Kohli dated 11/2/2011. 10. Email from Project Applicants Rupa Narain and Ada Wong dated November 7, 2011 11. Resolution 234-05 Establishing a Policy Regarding Ex Parte Contacts in Quasi-Judicial Proceedings Page 10 of 10 STAFF REPORT PLANNING COMMISSION DATE: September 27, 2011 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2011-00013/00014 Montessori Plus Day Care Center Conditional Use Permit and Site Development Review Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The Applicant is requesting approval of a Conditional Use Permit for the operation of Montessori Plus, a Day Care Center with up to 60 children and Site Development Review for the establishment of an outdoor play area. The proposed Day Care Center would be located in a former single-story office building located at 11900 Silvergate Drive, the northwest corner of Silvergate Drive and Dublin Green Drive. The application -originally approved by the Planning Commission on July 26, 2011 - is being reconsidered due to an error in noticing. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit and Site Development Review for the Montessori Plus Day Care Center located at 11900 Silvergate Drive. Submitted By Principal Planner . C evie By Planning Manager COPIES TO: Applicant File ITEM NO.: O Page 1 of 8 G:1PA#120111PLPA-2011-00013 Montessori Plus CUP12nd PC hearing 09.27.20111PCSR 9.27.11.docx DES+~R~PTIC}N: The project site has a General Plan Land Use Designatian of F~etailfOffice and is located within a C-O Commercial Office} Zoning District, Mantessari Pius has been located at 7234 San Ramon Valley Bauievard in Dublin far the last 15 years. They are vacating their current location and are purchasing the property at 119gC1 Srlvergate Drive. Mantessari Plus provides child care services for pre-kindergarten children between the ages of 3 to under ~E years aid. They are open Monday through Friday from 7:30 a.m. to 6.3[l p.m. and will pravide care for a maximum of 60 children. Children are dropped off between 7:3~ a.m. and 9;3g a. m. and picked-up between 11:4 a.m. until they ciase at 6:30p.m., as noted in the Applicant's Written Statement (Attachment 1). According to the project plans, the subject building has a floor area of 7,g~2 square feet. The Montessori Plus Daycare Center floor plan consists of a lobby, the main indoor activity area for the children, rest room facilities, storage, and a room devoted to food preparation. There will be approximately 1,969 square feet of the building that will not be used for the Montessori Plus operations and will remain vacant. A play area for the children will be constructed along the east side of the project site {adjacent to Dublin Green Drive) and it will extend around the building to encompass a portion of the south side of the building adjacent to Silvergate Drive. The Project Plans are included as exhibit A to Attachment ~ to this Staff Report. The Dublin Zoning Ordinance defines a Day Care Center as a child day care facility that accommodates 15 ar mare ahiidren. Day Care Centers are required to obtain a Conditional Use Permit in the C-O Zoning District. The Applicant is requesting approval of a Conditional Use Permit for the operation of a Day Care Center with up to 6a children, a Site Development Review for a fenced play area with new playground' equipment, landscaping, and a trash enclosure in the parking lot. 2 01~ 8 Figure 1. MonPessori Plus day Care Center Srte Previous Planning Commission Action The Planning Commission first considered this application at its meeting on July 26, 2011. After the public hearing and subsequent discussion and deliberation, the Planning Commission approved Resolution 11-22 (vote 4-0-1, Cm. Schaub absent) to approve the Conditional Use Permit and Site Development Review with several additional conditions of approval. The meeting minutes are included as Attachment 3. After the Planning Commission decision, several neighbors submitted a letter to the City appealing the approval over concerns related to traffic, noise, safety, and public notice procedures. The appeal letter is included as Attachment 4. It was subsequently discovered that the mailing list which was prepared and certified by Chicago Title Company, and spot-checked by the Planning Consultant that was Project Planner, was found to be incorrect. This resulted in an error in the distribution of the public notices. Therefore, it was determined that the item should be re-agendized for Planning Commission consideration instead of moving forward to the City Council on appeal. The draft approval Resolution (Attachment 2) contains the Conditions of Approval (Nos. 10-14) that were added by the Planning Commission at the public hearing on July 26, 2011. Staff is recommending that the Planning Commission again hold a public hearing on this application and approve the Conditional Use Permit and Site Development Review with the additional Conditions of Approval included. ANALYSIS: Conditional Use Permit A Conditional Use Permit enables the City to place Conditions of Approval on the project to ensure that the operation of the proposed use is compatible with the surrounding uses. The proposed project has been reviewed for issues related to operating characteristics, noise, and parking. Conditions of Approval have been included where appropriate to ensure compatibility with the surrounding residential and commercial uses. Hours of Operation The hours of operation for Montessori Plus are Monday through Friday 7:30 a.m. to 6:30 p.m. In order to ensure ongoing compatibility with the surrounding residential neighborhood, conditions of approval have been placed on the project which limits outdoor playground activities between the hours of 9 a.m. to 5 p.m. A maximum of 30 children will be in the play area one hour in the morning and a half hour in the afternoon Noise The Dublin General Plan Noise Element includes policies regarding noise and the location of land uses. An Environmental Noise Impact Report was prepared by Rosen Goldberg Der and Lewitz, Inc. to evaluate the potential noise impacts from the day care center's outdoor play area (Attachment 5). To quantify the existing ambient noise levels at the site a series of noise measurements were made at locations around the project site near the adjacent homes. The major source of noise during the ambient measurements was distant traffic on I-680 and San Ramon Valley Boulevard as well as local traffic on Dublin Green Drive and Silvergate Drive. The Community Noise Level or CNEL was between 53 dBA and 60 dBA. The City's normally acceptable compatibility standard CNEL for a residential area is CNEL 60 dBA. 3 of 8 Noise measurements were also conducted of children in the play area at KinderCare Learning Center on Amador Valley Court, a similar facility to the proposed day care center. Proposed noise levels for the children at the proposed Montessori Plus play area were calculated based on the noise measurements at the Kinder Care Facility. Adjustments were made for the number of children and distance between the play area and property line. The predicted noise level from children using the proposed project's play yard is expected to be within the normally acceptable level of 60 dBA per the City's General Plan Noise Element. With the ambient traffic noise at the site, the play area noise is not expected to significantly increase the long-term average noise levels at the nearby residences. Safety Dublin Police Services Crime Prevention Staff reviewed the project and did not object to the proposed location of the day care. The Applicant incorporated a steel tube fence and mesh screen to reduce the ability to climb or reach through the fence at the request of Crime Prevention Staff. In addition, Crime Prevention Staff included several conditions of approval for the project (Conditions of Approval 48 through 61 of Attachment 2) to ensure that the business operates in a safe manner. Traffic The City's Transportation and Operations Manager reviewed anticipated traffic volumes, collision history, and sight distances at the project site. The following is a summary of this review. A memo with details regarding the results of this review is included as Attachment 6 to this Staff Report. Montessori Plus proposes to occupy an existing office building. The proposed change from an office use to day care is anticipated to result in a net increase of 191 daily vehicle trips to and from the site. The additional trips generated by this use will likely be noticeable to neighbors. However, the additional trips generated by this use are not expected to exceed the capacity of the roadway or create any safety hazards. Staff conducted a review of collision history on Silvergate Drive in the vicinity of the project over the last five years. The review focused on Silvergate Drive west of San Ramon Road to west of Dublin Green Drive. There have been six collisions over the five year period. However, the quantity and type of accidents do not indicate that there is a safety problem at this location. The sight distance for the driveway on Silvergate Drive and the driveway on Dublin Green Drive was also examined. The sight distance at the driveway on Silvergate Drive is currently limited. However, this will be improved with the proposed removal of the topiary bushes at the corner of Silvergate Drive and Dublin Green Drive. The sight distance at the egress driveway on Dublin Green Drive is limited due to the existing fence and vegetation. The circumstances at this location could be improved by installing a stop line, stop legend and stop sign at the driveway. Condition of Approval 71 has been included, which details traffic safety signage that will need to be installed prior to occupancy as a Day Care Center. Parking Chapter 8.76 (Off Street Parking and Loading Regulations) of the Dublin Zoning Ordinance sets forth the parking requirements for Day Care Centers as follows: • 1 parking space per employee; • 1 parking space per company vehicle; and • 1 loading space for every 5 children at the facility. 4of8 Montessori Plus will have a maximum of 8 employees including the two owners, no company vehicles and 60 children. Therefore, the total parking requirement is 20 spaces per the table below. A total of 24 parking spaces will be provided on the site including one handicap space. Table 1. Montessori Plus Parking Requirements Number Parking Ratio Required Parkin Emplo ees 8 1 per emplo ee 8 Com an Vehicles 0 1 per com an vehicle 0 Children 60 1 per 5 children 12 Total Parkin Re uired 20 Site Development Review The project includes the establishment of an outdoor playground enclosed with a tubular steel fence with mesh screening, and construction of a trash enclosure. Chapter 8.104 (Site Development Review) requires Site Development Review for any modifications to site layout specifically fencing for the play area and the trash enclosure. Fencing The play area for Montessori Plus is approximately 2,700 square feet in area and will be enclosed with a tubular steel fence with mesh screening (Attachment 2, Exhibit A, Sheets A2.1 & A3.1). The fence will be located on a low concrete retaining wall because of the difference in grade between the building and the street sidewalk. The height of the fence and wall as measured from the Dublin Green Drive and Silvergate Drive sidewalk will be approximately 6 feet (Attachment 2, Exhibit A, Sheet A3.1). The height of the fence will vary from four (4) to six (6) feet from the playground side. This type of fencing will withstand the use of the playground and is secure from intrusion from the surrounding area. The mesh screening also provides visual security of the playground area. Playground Equipment The playground will be divided up into the following areas as shown on the project plans (Attachment 2, Exhibit A, Sheet A2.1): A small sandbox area in the north corner of the playground. A concrete play area where children can use wheeled toys, balls and various pieces of equipment. An area covered with playground fiber containing three play structures. The structures will be of varying sizes depending on the age of the children using them. The largest structure will be approximately 3 feet to the main platform and 9 feet to the peak of the roof. Accessory Structures The Applicant will be constructing a ten foot by sixteen foot trash enclosure at the rear corner of the parking lot (Attachment 2, Exhibit A, Sheets A2.1 & A3.1 detail 16). The six foot high enclosure will be constructed of concrete block painted to match the building. It will have a composition shingle roof and solid metal gates. 5 of 8 Landscaping Existing landscaping consisting of ivy and two trees will be removed from the play area. New landscaping will be provided between the tubular steel fence and the back of the sidewalk along both street frontages (Attachment 2, Exhibit A, Sheet 2.1). The new landscaping will consist of trees, shrubs and groundcover. New landscaping will also be provided between the parking lot and the west side of the building. Conditions of Approval No. 10-14 require that landscape and hardscape treatment beyond that which is shown in the project plans be incorporated into the final site installations. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The project site is designated Retail Office in the General Plan and is located in a C-O (Commercial Office) Zoning District. The C-O Zoning District allows the operation of a Day Care Center subject to approval of a Conditional Use Permit by the Planning Commission. An environmental noise assessment was prepared and concluded that the noise generated by the project playground activity would not exceed the standards set forth in the Noise Element of the Dublin General Plan. Conditions of Approval have been applied to the project to ensure on- going compatibility between the Day Care Center and surrounding single-family residences. The project meets the parking requirements set forth in Chapter 8.76 (Off-street Parking and Loading Regulations). REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 2). NOTICING REQUIREMENTS/PUBLIC OUTREACH: State law requires that the City provide notice of public hearings to all property owners within 300-feet of the subject property. For the previous Planning Commission hearing on July 26, 2011, the mailing list was prepared and certified by Chicago Title Company and submitted to the City by the Applicant as is standard practice. The mailing list was then spot checked by the Planning Consultant who was the Project Planner. However, it appears that some residents in the multi-family housing development located across Silvergate Drive from the project site were not included on the mailing list. For this public hearing, Staff prepared an accurate, comprehensive mailing list that was used for the re-noticing of this application to all property owners and tenants with 300 feet of the subject property. Public notices were also sent to all speakers at the July 26, 2011 Planning Commission hearing and all residents who signed the appeal letter. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities and Section 15303, New Construction or conversion of Small 6of8 Structures. The project consists of a Conditional Use Permit for the operation of a Day Care Center for up to 60 children and Site Development Review for establishment of minor accessory structures related to an outdoor playground including wrought iron fencing with a wire mesh and a refuse enclosure. ATTACHMENTS: 1) Applicant's Written Statement 2) Resolution approving a Conditional Use Permit and Site Development Review for the Montessori Plus Day Care Center located at 11900 Silvergate Drive, with the Project Plans attached as Exhibit A 3) July 26, 2011 Planning Commission Meeting Minutes 4) Appeal letter date August 5, 2011 5) Environmental Noise Assessment for Montessori Plus Day Care Center prepared by Rosen Goldberg Der and Lewitz dated July 15, 2011 6) Traffic Memo from Jaimee Bourgeois, Transportation and Operations Manager dated August 25, 2011 7of8 GENERAL INFORMATION: APPLICANT Ada Wong & Rupa Norain Montessori Plus 7238 San Ramon Road Dublin, CA 94568 PROPERTY OWNER: LOCATION: ASSESSORS PARCEL NUMBER: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN LAND USE DESIGNATION: SURROUNDING USES: Dwight W. Stump & Margaret L. Blair 1007 McCauley Road Danville, CA 94526-1971 11900 Silvergate Drive 941-0103-011-01 Retail Office N/A LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North Single Family Single Family Residential Residential Multi-Family Residential & South Planned Multi-Family Residential Residential Development Residential East Neighborhood Retail/Office Commercial Commercial West Single Family Single Family Residential Residential Residential REFERENCE: General Plan Zoning Ordinance 8 of 8 ~~a 3 ~;:~~~ Planning Cornm~ss~on Minutes Tuesday, September 27, 2011 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, September 27, 2011, in the City Council Chambers located at 100 Civic Plaza. Chair Brown called the meeting to order at 7:01:10 PM Present: Chair Brown; Vice Chair Wehrenberg; Commissioners Schaub, O'Keefe, and Bhuthimethee; Jeff Baker, Planning Manager; Kristi Bascom, Principal Planner; Mike Porto, Consulting Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Wehrenberg, seconded by Cm. Bhuthimethee the minutes of the August 23, 2011 meeting were approved. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 Appeal of a Community Development Director Determination regarding Section 8.76.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 (Retail Sales) as they relate to the proposed Sahara Market expansion at 6783/6777 Dublin Boulevard. Jeff Baker, Planning Manager, stated the Appellant and Staff has requested a continuance in order to continue to work with the property owner to address the issues facing Sahara Market to enable them to open as well as more global issues the property owner has regarding the use of his property. He stated that Staff is still working with the property owner and was not able to resolve the issues before the notice had to be sent out. The Appellant has requested a continuance of their project to be heard on or before December 13, 2011. He stated there is a preliminary agreement and Staff is hopeful they can bring the situation to a resolution. On a motion by Cm. O'Keefe and seconded by Crn. Wehrenberg, on a vote of 5-0, the Planning Commission unanimously accepted the continuance and the matter will be heard on or before 12-13-11: RESOLUTION NO. 11 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ~'Ccasarting (,~c~~7z~rrit~sivx 5~~~r"27, f~,11 ~g~ctr ~,~~~~~,~ 117 AFFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION REGARDING SECTION 8.76.040.M.2 (SMALL TENANT SPACE) AND INTERPRETATION REGARDING SECTION 8.40.030.G.6 (RETAIL SALES) AS THEY RELATE TO THE PROPOSED SAHARA MARKET EXPANSION 6783/6777 DUBLIN BOULEVARD 8.2 PLPA-2011-00013/00014 Montessori Plus Day Care Center Conditional Use Permit and Site Development Review. Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Cm. Schaub asked about a retaining wall. Ms. Bascom answered at the outdoor play area there is a fence on top of a low retaining wall. Cm. Schaub stated there is also a retaining wall on the side of the exit drive. Ms. Bascom answered that is an existing retaining wall and stated there was condition added by the Planning Commission at the July 26, 2011 hearing related to the proposed retaining wall. Chair Brown asked if there will be a maximum of 30 children outdoor for one hour in the morning and a maximum of 30 children for'/2 hour in the afternoon. Ms. Bascom answered yes; a maximum of 30 children will be outside at any one of those periods of time. Cm. Schaub asked if that is a condition. Ms. Bascom answered yes, Condition #16. Chair Brown asked if the height of the fence is 4-6 feet at the play area facing south to Dublin Green. Ms. Bascom answered yes, facing the sidewalk side of the fence. Chair Brown asked if that height would be enough to prevent balls or toys from going into street which could cause problems with traffic or pedestrians. Ms. Bascom felt the Applicant should that question. Mr. Baker stated that they would be subject to State licensing requirements. Cm. Wehrenberg asked to clarify if the conditions added from the last meeting regarding signage for right turn only at the exit would be addressed by the City. Ms. Bascom answered the signage is covered in Condition #10 and Condition #71 which mentions the other signs and pavement markings to be added for traffic safety. ,~ ~~ ,a 118 __ Chair Brown asked if there wil! be a right hand turning restriction while exiting the property onto Dublin Green. Ms. Bascom answered no, the roadway turns to the right and Dublin Green is not a through street. Cm. Schaub asked if the retaining wall at the exit was discussed with the Applicant. He felt the wall is falling down. He suggested that it should be fixed before the day care center opens. Mr. Baker stated there were discussions between the Applicant and the Public Works regarding the retaining wall. He stated the retaining wall does not belong to the Applicant. Cm. Schaub felt it didn't matter who owned it because if it fell onto the road it would still have to be repaired. Cm. Schaub felt the hours of outside play are dictated by State regulations and asked if the City's Conditions of Approval did not meet State's regulations would the Applicant have to come back to the Planning Commission to change it or would Staff be able to make the change. He felt it was not fair to make the Applicant come back to the Commission when it is a State requirement. Ms. Bascom answered Condition of Approval #16 covers the outdoor play time issue and she felt that since there was a study prepared and it is a topic of public interest it would probably not be changed at the Staff level but it would be brought back to the Commission. She suggested that if the Planning Commission wanted to see more flexibility or language added such as "per state requirements" that could be added to the Conditions of Approval. Cm. Wehrenberg did not recall that subject being brought up at the previous meeting. Mr. Baker stated that was a Condition in the original Approval in July; tied directly to the noise study. Based on the Applicant's request, the noise study evaluated noise levels and the condition was prepared and included in the resolution that was approved at that meeting. Cm. Schaub felt it was important to add a "No Entrance"sign should be placed on the pavement on the one way exit road. He stated the graphics on the exit road are faded which could cause a problem. Chair Brown asked if Cm. Schaub meant the exit onto Dublin Green. Cm. Schaub answered yes and felt it was important that people know that the drive is an "exit only." Cm. Wehrenberg agreed that a "No Entrance" sign should be added. Cm. O'Keefe agreed with CM Schaub that an additional sign should be provided and felt it was good that the Applicant will provide the stop sign at the exit drive. Cm. Brown opened the public hearing. He asked the speakers to organize their comments and not repeat comments. tg C'nrra~s~~ssiu .4~~rn~r~r, ?tltl ~~~~ag 119 Ms. Ada Wong, Applicant spoke in favor of the project. Ms. Rupa Norain, Applicant spoke in favor of the project.. She gave a short history of their day care center. She stated they have been operating a preschool in Dublin for 16 years with no problems. She felt they are providing an essential service to the area. Mr. Howard Wong presented a PowerPoint presentation regarding their proposal. The key points are: - Facility is 1 block from current location - Continue with license for 60 children - They have addressed new Conditions of Approval added at the previous meeting. - Exterior is not changing, only interior improvements. - Site improvements including handicap access ramp and curb cuts to the building for ADA compliance - Wrought iron fencing with landscaping and privacy screen and a fully enclosed playground area on the southeast corner of lot. He stated the fence at the current site is 6 feet in height which is a minimum height requirement. - Installation of additional trees and landscaping throughout property. - Installation of trash enclosure. - Hours of operation M-F 7:30am to 6:30pm. - Traffic issues - He stated they encourage carpools, and staggered times for drop-off and pick-up. He presented a graph showing drop-off and pick-up times which showed the children do not all come at one time. - Maximum license is for 60 children; there would not be that. many present at one time; staggered throughout the day and never a time when cars are backed up to the street. - Fully enclosed fenced area located far away from neighbors. Cm. Schaub felt the majority of the children will arrive between 9 and 9:30 and half of the pick- ups are between 12 and 12:30pm. Mr. Wong agreed. Cm. Schaub mentioned the graph which shows there are only a few children being dropped off at a time. Mr. Wong agreed. Cm. Schaub asked if a lot of the children go home at noon. Mr. Wong answered yes. Cm. Schaub felt that in the afternoon session there would be fewer children with a different dynamic then was imagined. Mr. Wong showed the area where the play area will be built. He showed a picture of the view from Dublin Green and felt there was adequate visibility. He felt the addition of the stop sign and pedestrian crossing signs will help the situation. He stated the fence that was discussed previously that was. falling down is not on their property and the owner had tried to have the fence repaired but was unable to get financing. ~~~~6~~z~ ~~z.~ 120 Cm. Schaub felt when the fence falls dawn it will come down on their driveway and it will still be a problem. Mr. Wong agreed. There was a discussion regarding the retaining wall and fence that is in disrepair on the property next to theirs Mr. Wong stated that safety of the children is of primary concern and discussed the entrance and exit strategy. He stated that the State is responsible for ensuring the safety of the facility both indoor and outdoor and will have to go through State Licensing again for this new location. Mr. Wong summarized his proposal and requested the Planning Commission's support. Chair Brown asked what the student/teacher ratio is when there are 30 children playing in the yard. Ms. Wong answered the required ratio is 1-12 but there are usually at least 4 teachers for 30 children. Chair Brown felt they exceed the State Licensing requirement. Ms. Norain mentioned Cm. Schaub's concern regarding state licensing for outdoor play. She stated that in the current location there is no time limit to be outside, but there is a student ratio requirement and a space requirement of 75 square feet per child. Margo Henry, 7682 Arbor Creek Circle, spoke in opposition to the project. She was concerned about increased traffic, parking problems with the condo project, speeding cars and damage to her cars. She was also concerned about the safety of the children within cars. Audrey Hutchinson, 7725 Woodren Court, spoke in opposition to the project. She was concerned with the closeness of the play area to her home, exit traffic onto Dublin Green and the 7-11 store which is busy. She was also concerned with the exit drive and if it was wide enough or even part of the property. Mary Leoni, 11890 Silvergate Drive, spoke in opposition to the project. She was concerned about additional traffic; the safety of the children in the neighborhood; that an environmental study was not done to address the exhaust from the additional traffic and the additional noise from the play area. Jose Rivera, 11889 Dublin Green Drive, spoke in opposition to the .project. He was concerned about the vacant space within the building and their use of it in the future; possibly more children therefore more traffic. He was .also concerned about food delivery trucks and if they are counted in the 191 additional cars. He was concerned regarding the removal of the bushes on the corner of Silvergate and Dublin Green and replaced with fence which could be an obstruction. He was concerned the location of the trash enclosure and the property line. He stated that the fence is off the property fine and he had an agreement with the property owner that when the fence was repaired they would reposition it on the property line. ~~~~~~ ~~~.~ 121 Cm. Schaub asked which fence he was referring to and if he owned the retaining wall that is falling .down. Mr. Rivera answered no he doesn't own the retaining wall that is falling down he owns the property next to it. Cynthia Santos, 7749 Woodren Court, spoke in opposition to the project. She mentioned that there is no stucco on the building which was mentioned during the last meeting there is only siding. She also wanted to clarify that the building was not previously a medical office where people were in and out all day long. She stated it was an office building supporting the medical industry only. She was concerned about the size of the playground which she felt was 75 square feet per child. She did not agree with the measurements of the playground. She mentioned that State requirements prohibit smoking within 25 feet of a playground and asked if no-smoking signs would be posted by the City. Cm. Schaub stated that the Planning Commission is not the state licensing board and the board will not come into play until after the facility is established. He continued that any issue that is brought up will have to be dealt by the State. Ms. Santos wanted to make the point that there is an issue. Ms. Santos felt the pictures shown by the Applicant were not typical of the visibility on the street and was concerned about the traffic. She was concerned about the parking on Dublin Green, traffic, maintenance of the landscaping and the safety of the neighborhood children. Cm. Schaub mentioned that two of the Commissioners drive Sifvergate every day and are familiar with the traffic on the street. Terry Leoni, former resident at 11890 Silvergate Drive, attorney representing Mary Leoni, spoke in opposition to the project. She was concerned with the notices .that were mailed and asked if there was proof that it was published in the newspaper. Mr. Baker answered that proper notice was given in accordance with State law, published in the local newspaper as well as notices were sent to all property owners. He continued the City went beyond state requirements and also mailed the notice to all occupants within a 300 foot radius of the project. Ms. Leoni felt the City was not following the Zoning Ordinance. She was concerned with the future use of the vacant space within the building and the impact additional tenants would have on the area. She was concerned with the noise level, parking requirements and felt. this had not been adequately addressed by the Commission or any of the reports. She was concerned with the outdoor play hours. She felt the building is in a Commercial office district and that a school is not a permitted use in this area. She felt the Commission was violating Chapter 8 of the Zoning ordinance. She was concerned about the height of the fence would create a visibility problem. She was concerned with the additional air pollution from 191 cars. She felt the noise study did not study a similar facility and therefore was not relevant to this project. She mentioned an easement that she felt had not been addressed. She felt that the Zoning ordinance is there for a reason and the Planning Commission is obligated to follow it. She asked for more research to be done and listening to the opinion of the neighbors. c .. a .~F,~~~~ 122 Cm. Schaub stated the Planning Commission has reviewed many day care centers. He stated that the projects that are submitted to the Planning Commission by Staff would not be submitted unless the project is allowed in the zoning district. He stated there are many businesses that are in the light industrial and commercial zoning district such as churches and recreational facilities for children and these facilities are going into these types of buildings because the rents are lower. He does not believe that Staff would bring a project to the Commission that is not correct.. He continued that the Commission is not the reviewing body that would make a determination for the state requirements for a day care center. Cm. Wehrenberg stated the Planning Commission is here to look at land use only and the appropriateness of the land use within the zoning district. She agreed with Cm. Schaub that we wouldn't be here if the project didn't fit the zoning district. If the Commission cannot make the findings they would not approve it. She continued that during the last hearing she had issues with the project's suitability and that is why Staff added the additional conditions. She continued that the Commission's role is to Took at the land use and ensure that it is suitable for the project. She stated she heard the comments and hopes they have addressed them because the speakers made good points. Cm. Schaub stated that the traffic on Silvergate was rated years ago and he did not feel the traffic is close to the number the street is rated at. He stated Silvergate is rated extremely high on the plans and is expected to have more traffic than it has today. He stated the reason is that there were a lot of homes that were not built except at Schaefer Ranch. Cm. Wehrenberg mentioned that the closure of Neilsen Elementary School also affected the traffic on Silvergate. Chair Brown closed the public hearing. Cm. Wehrenberg asked about an issue Ms. Santos brought up regarding the building materials and asked Staff to confirm. Mr. Baker responded there was a condition that was added by the Commission at the last meeting regarding the finish on the retaining wall; the condition was written to ensure the color of the stucco on the retaining wall would match the building color, not the material Cm. Wehrenberg stated they are not changing the exterior of the building; they are. only installing the playground, landscaping and fencing. Mr. Baker answered yes and mentioned the additional Condition of Approval that was added: "the proposed retaining wall be finished and have a color to match the building." Cm. O'Keefe asked if the Applicant had any plans for the vacant space in the building. Mr. Baker responded there is Condition of Approval #23 that puts restrictions on the use of that space, they would need to obtain approval to ensure there is adequate parking. Cm. Wehrenberg asked if the Applicant wanted to make a change to this project would it be required to be submitted to the Planning Commission or the Planning Department depending on the solution. 123 Mr. Baker answered yes, depending on the solution. Cm. Schaub did a calculation for parking for the remaining vacant area in the building and determined they would need 1-2 spaces if it was used for a warehouse or a restaurant. Mr. Baker stated they would be restricted as to what type of business could go in there because of the parking issue. Cm. Wehrenberg asked the Applicant to clarify Mr. Rivera's statement regarding trucks dropping off food at the facility. Chair Brown opened the public hearing again. Ms. Norain responded there are no trucks that deliver to the school and no food preparation on site. Chair Brown closed the public hearing. Cm. O'Keefe asked about the fence height and the visibility issue. Mr. Baker stated this question was addressed at the last hearing. He stated there is a "Clear Vision Triangle" requirement regarding visibility at a corner.. The corner was reviewed by the Public Works Department and the fence was found to be outside the "Clear Vision Triangle" in an area where it would be permitted without obstructing visibility. Cm. Schaub asked about fencing in a residential neighborhood on a corner. Mr. Baker responded a residential fence in a residential area would be different than this fence. He continued that the fence is allowed in this commercial area and it is outside the visibility area. Cm. Schaub asked about aset-back for the fence. Mr. Baker answered there is a condition that stated the retaining wall should be set back to enable landscaping between the fence and the retaining wall. Cm. O'Keefe asked about the State requirement for .playground space per child. Mr. Baker responded that is a State licensing requirement based. on number of children and there is a Condition of Approval that requires the Applicant to obtain a license from the State. Cm. O'Keefe asked about the accuracy of the noise study. Mr. Baker stated that the noise study was done by a noise expert that is on contract with the City. He stated they did a comparison with an existing day care center and found it be in compliance with the Conditions of Approval limiting the hours of the day care operation. Chair Brown asked for Staff to clarify the traffic that is anticipated with regards to the 191 cars mentioned in the traffic study. ,.. _ ._ as ~ ~a. x~, ~~~ 124 Mr. Baker responded the City's Traffic Engineer reviewed the project and did afollow-up review of the project with a more in-depth analysis after the hearing in July. She provided a memo that addressed some of the issues (Attachment 6 of the Staff Report). She included information regarding roadway capacity and whether this is a suitable site to accommodate the traffrc that would be generated. She found the facility to be within the capacity of the roadway. He stated there would be more traffic but within reasonable limitations. Cm. Schaub commented that the Commission has approved many day care centers and the same issues and questions have come up each time. He stated that most or all of the concerns go away when the project is complete. He wanted everyone to understand that the Commission will discuss making findings regarding land use issues, safety and health requirements, circulation and impacts to traffic and parking, public compatibility, and zoning consistency; these are some of the findings they must be able to meet for every project. He stated they try to do it correctly and they rely on Staff. He stated he could make the findings. Cm. Wehrenberg agreed with Cm. Schaub. She felt the issues from the last hearing had been resolved through the added Conditions of Approval. She stated she listened to the neighbors' and heard their concerns and stated she is well aware of the traffic issues in the area. She felt the parking issue needs to be addressed with the condo complex not with this Applicant. Cm. Schaub asked if people are parking on one side and walking across four lanes of traffic and the landscaping median strip. Cm. Wehrenberg answered yes. She understands the neighbors and felt they brought up very good points regarding the traffic at the 7-11. She felt the public officials and police need to be more involved with the 7-11 issue. She felt that with additional traffic signage they could make the facility safe. The zoning is applicable for the area and she agreed that the Applicant must obtain a State License and will not be allowed to open until they do. She stated she could make the findings. Cm. Schaub stated if the Applicant must make changes to the project because of the State licensing requirements it will need to be submitted to the Planning Commission for approval. Cm. O'Keefe agreed with Cm. Wehrenberg. He stated he would also be concerned about some of the issues but must rely on the data provided and the studies conducted. He felt he could make the findings and commended Staff for adding the condition for signage at the exit and the addition of the no-entrance sign. Chair Brown could make the findings for the Conditional Use Permit as well as the Site Development Review. He felt there were good points made by the residents, but if they have additional zoning ordinance questions he encouraged them to go to the Planning Department and speak with Staff who can clarify any issues. Cm. Schaub mentioned that the Zoning Ordinance can also be found on the City's website. Cm. Schaub asked to add to Condition #71 a "do not enter" sign visible from Dublin Green. Cm. Wehrenberg stated that one of the speakers mentioned an easement on the property and felt there is only a storm drain easement. ~~.~~~~~ ~, 125 Mr. Baker stated that would be the only easement other than Public Utility easement. On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 5-0, with the following addition to Condition of Approval #71: "The Applicant shall install an exit only sign at the driveway located on Dublin Green Drive,"the Planning Commission unanimously adopted: RESOLUTION NO. 11 - 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE MONTESSORI PLUS DAY CARE CENTER LOCATED AT 11900 SILVERGATE DRIVE (APN 941-0103-011-01) 8:20:43 PM 8.3 PLPA 201 1-00031- BJ's Restaurant and Brewhouse Conditional Use Permit to amend the Planned Development Plan and Site Development Review for an 8,376 square foot restaurant building within the Fallon Gateway Center Mike Porto, Consulting Planner, presented the project as outlined in the Staff Report. Cm. Schaub stated that this development is a Planned Development (PD), unlike other types of facilities where there may be an additional restaurant space added. For this particular project the parking is one space per 100 square feet of floor area that is accessible to customers; plus one space per 200 square feet for food .preparation area. Mr. Porto agreed. He continued when the original PD was approved Staff calculated the parking according to the ratio that the Planning Commission had approved for the Dublin Green project; this project mirrors those parking standards. Mr. Baker mentioned that the standards have been changed in the Zoning Ordinance; they are now 1/100 of customer accessible area and 1/300 square feet of non-accessible floor area. Cm. Schaub wanted to ensure that it is known that the parking regulations are strict for restaurants. Cm. Wehrenberg asked what the square footage is for shop #7. Mr. Porto answered approximately 6,400 square feet. Cm. Wehrenberg asked if the 227 extra parking spots will be sufficient. Mr. Porto answered the 227 additional parking stalls were over and above the requirements for the uses that were proposed originally, which included Shop #7. There was a requirement for approximately 1,200 parking stalls for the overall center for the uses that were proposed of which the Shop #7 space was included. He continued the project is still exceeding the parking requirements. :~ . ~.~.=~ ~=t~mS~r~2<, ~~zr ~;u.__~~ 126 Cm. Wehrenberg was concerned about the location of the project with the main entrance facing I-580. Mr. Porto answered yes it is facing I-580. Cm. Wehrenberg asked how many stalls are at the front of the building and asked if it is appropriate to have the restaurant facing away from the center. Mr. Porto answered instead of talking about parking he wanted to talk about practical difficulty. He continued the drive aisle at the back of the building is built, constructed and existing. He stated there is a very large G-3 storm drain facility that runs adjacent to the corner of the building. If the entrance was facing the other way the front door would have very little space with no adjacent parking. He stated there was a significant difficulty with the storm drain because it can't be built over. Cm. Wehrenberg asked if that is because the original plan was for 3 separate shops and now they are combining two. Mr. Porto answered no. The storm drain line clipped each corner of the buildings when shops 8 and 9 were proposed there. The G-3 storm drain channel is the major drainage for all of Dublin Ranch, Jordan Ranch, the Croak Property, and Positano and was installed many years ago, before there was development. anticipated on the site. Cm. Wehrenberg asked for more information on the original layout. Mr. Porto directed the Commission to page C-4 of the project plans which are the grading and utility plans. He stated the outline of the storm drain easement can be seen across the parking area and adjacent to the building. Cm. Wehrenberg asked if the buildings were originally facing toward the Target store. Mr. Porto stated that those shops were originally double-sided. Cm. Wehrenberg remembered the front and back entrances. She was concerned about looking at the back of the restaurant, but said that is where the mural panels are located. Cm. Schaub was OK with the restaurant not facing Target. Chair Brown stated when comparing the proposed to existing parking areas it appears that by combining shops 8 and 9 into one building and redrawing the parking lot it seems to be cutting off or changing the parking design originally designed for the 3 shops. Mr. Porto answered yes. He continued there is another access point to the ring road that was not there before. He pointed out the access road exit and entrance on the slide. Chair Brown asked if Mr. Porto was pointing out the access road. Mr. Porto stated the slide was showing a crosswalk. The crosswalk is to get the people from this facility onto the future Shop #7 and over to the central walkway that goes across the site. a ~~~~~~z<, ~~~:r 127 He referred the Commission to the Staff Report on page 3, which is the site plan of the entire center. He continued in the gold area there is a pedestrian pathway that goes all the way across the Target parking lot to the front door of Target. Chair Brown asked if the road in front of the restaurant is a one way road Mr. Porto answered no, it is a two way road and mentioned that the Fire Department would not approve it otherwise. Chair Brown asked where the outdoor seating is located. Mr. Porto pointed out the east end on the northeast side of building. Chair Brown asked what kind of wall will be there. Mr. Porto answered there will be a solid lower and clear upper wall. Chair Brown asked what kind of signage will be visible from I-580. Mr. Porto referred the Commission to the cover sheet of Attachment 4 which shows the BJ's logo over the entry with Brewhouse on one side and Restaurant on the other and a small Take- out sign over the canopy. This is consistent with the Master Sign Program. Chair Brown asked if that is all the signage. Mr. Porto stated there were other signs facing into the parking lot and #acing south to the freeway and all shown on the sheet mentioned. Cm. Schaub mentioned there will be one of the panels on the Fallon Gateway .pylon sign that is quite high, bright and very noticeable. Chair Brown opened the public hearing. Joan Leguay, Director of Property Development, BJ's Restaurant, 7755 Center Avenue, Suite 300, Huntington Beach, CA, spoke in favor of the project. She was pleased to work with Mike Porto and the City and felt the restaurant would be a beautiful addition to Dublin. She stated she was there to answer any questions. Cm. Wehrenberg asked what their schedule is for opening. Ms. Leguay answered they hope to be under construction in November with approximately 6 months until opening which would make it April 2012. She stated they plan to hire over 200 employees and will hire from the local community. Cm. Bhuthimethee asked which way Shop #7 faces. Mr. Porto answered Shop #7 faces both ways, with parking on both sides. Cm. Bhuthimethee asked if there is enough space to provide a walkway to connect Shop #7 to the restaurant. ~~ ~ 128 Mr. Porto stated yes; it was all calculated into the original plan. Cm. Bhuthimethee asked if there is enough space for a connection between BJ's and Shop #7. Mr. Porto stated that there is currently a temporary connection to get to the pedestrian pathway to get to Target and that pathway will remain open. Cm. Bhuthimethee predicted that everyone coming out of Shop #7 will want to go to BJ's and felt connecting them somehow would be a good idea. Mr. Porto stated there is currently a connection from the main entrance of the building across to a walkway to the front door. He stated the front will act more tike a back because it is facing Fallon Road .and did not want to have the back of the .building facing Fallon Road so the Planning Commission required the back of the building to look more like the front, similar to the way Buffalo Wild Wings is set up now. Cm. Wehrenberg asked Ms. Leguay if she took into consideration the wind in Dublin and what type of wall is planned for the outdoor dining area. Ms. Leguay responded they were aware of the wind problem and positioned the patio to account for the wind. She stated the wall will be a stone wall which will match the exterior of the building with a glass wind screen on top. She continued there would. be umbrellas and heaters and they will make it very comfortable. Cm. O'Keefe mentioned that sustainability is important to Dublin and asked what type of sustainability initiatives BJ's Corporation has in place and what they are. Ms. Leguay answered they are complying with City requirements through the building permit process; .recycling, screened roof equipment (heating and AC units) and a Cool Roof as well as the State of CA has significant requirements that must be complied with. She stated that they would be expected to comply with all requirements in order to pull building permit. Mr. Baker mentioned .that there is a Condition of Approval regarding the Green Building standard code that they would be required to meet. Cm. Bhuthimethee asked how the murals will they be applied. Ms. Leguay answered they are stretched canvas over a frame which is a 3m product. The graphic patterns will be on the back of the building; there will be 4 murals stretched over a frame and washed with concealed LED lights that will run above the mural. Cm. Bhuthimethee asked how the panels will be maintained. Ms. Leguay answered there have been no issues, but if there were any problems they would replace them right away. Chair Brown closed public hearing. ~ar.~iir ar~~~ 129 Cm. Wehrenberg felt there needs to be another crosswalk to connect to the parking field to the west. Mr. Porto answered the goal in this project for pedestrian connectivity was to get them onto the pathways created through the parking lot so the people aren't walking behind cars. They created long open elements that go across the parking lot to connect the shop buildings back to the majors. He stated that if additional crosswalks were created they would lead to nowhere. Cm. Wehrenberg felt there was one crosswalk that goes to shop 7 but nothing to connect in other areas. She felt there was a safety issue coming from Target to BJ's. Mr. Porto stated he sees the concern but once they are across the drive aisle they will be at a dead end. He felt there must be somewhere to put them and if a pedestrian pathway is created behind the cars the drive aisle will be narrowed which will be a problem for fire access and maneuverability of cars because the drive aisle will be less than the required width. He offered to work with the Traffic Engineer to try to establish a way to get people across the drive aisle and give them a place to land. He stated that all the median islands in the gold area are already constructed and all the landscaping is installed. Cm. Schaub agreed with Cm. Wehrenberg. Cm. Wehrenberg asked how much parking is needed for BJ's. Mr. Baker answered a total of 93 spaces. Mr. Porto stated it is anticipated that some people will park in the gold area and walk across to the restaurant. Mr. Baker mentioned this project is similar to the Waterford center where there is a Safeway and then pad buildings around the edge of the center and there is a path on the north end but not the south end and people cross over which is not an uncommon situation. Cm. Schaub did not agree and was concerned with the access road. He felt that the access road is the only way that people will drive out of the parking spaces. He felt that there needs to be someplace for people to get to and from the area, not just Shop #7. He felt that it would be a very busy access road. There was a discussion regarding a possible additional walkway from BJ's to the Target and its placement. Mr. Porto suggested, at the Commission's direction, he will discuss with the Traffic Engineer a way to create a crosswalk with access around the building on both sides. Cm. Wehrenberg suggested having the crosswalks lighted for safety. She stated that she understood that the parking and landscaping is installed. Mr. Porto stated that the area in gold is Target's property and not in the Applicant's control. Cm. O'Keefe asked about the center of the gold area where there is a thicker area running through the parking lot. ~~~~~~E~-~~~~ ~, 130 Mr. Porto answered that is landscaping which complies with bioswale requirements and water quality and water clearing. Cm. Wehrenberg felt that with future projects the review will be more in depth. Mr. Porto stated that when the project was originally brought to the Commission there was a plan with pedestrian connectivity throughout the site. The connectivity on the site has not changed; the crosswalk is still in the same place with a walkway system along the drive aisle. Cm. Wehrenberg responded the element that has changed is that BJ's doesn't have a front and back entrance. She felt that was the element that has changed her thought process. Mr. Porto stated the City cannot. go onto Target's property and dictate signals or lighting change. He felt they may be able to stripe a crosswalk with no problem, but there must be somewhere to take them. Cm. Wehrenberg felt that Target would welcome BJ's with the additional business they will bring to the center. She stated she would appreciate any effort to address her concerns. Mr. Porto agreed. Cm. Wehrenberg felt the original project was planned for nicely but things change and the Commission does their best to help businesses come to Dublin. She stated she appreciated all the new jobs. She supported the project, liked the colors, the building and everything but was still concerned about the safety of the pedestrians coming from Target since the parking is across the street from the field of parking. Chair Brown felt he could make the findings for the Conditional Use Permit and SDR. He concurs with comments made by Cm.'s Wehrenberg and Schaub regarding the crosswalk issue and felt it needs to be addressed. Mr. Porto agreed to address their concerns. Cm. O'Keefe stated he likes the project and can make the findings. On a motion by Cm. Schaub and seconded by Cm. Wehrenberg, on a vote of 5-0, the Planning Commission unanimously adopted: RESOLUTION NO. 11 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT PLAN FOR FALCON GATEWAY (PA 08-034) BY COMBINING DEVELOPMENT SHOP SITES 8 AND 9 AND TO ALLOW UP TO 8,376 SQUARE FEET OF DEVELOPMENT ON THE COMBINED SHOP SITE FOR THE PROJECT KNOWN AS FALCON GATEWAY SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND FALCON ROAD ~C~, Za ~ rirc-i,z%€ ~7C~3t£~?Zitc721, &~~.~ ``w,<;-__ . _ 131 RESOLUTION NO. 11 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR FALCON GATEWAY TO CONSTRUCT A 8,376 SQUARE FOOT FREE-STANDING FULL-SERVICE RESTAURANT AND BREWHOUSE BUILDING LOCATED ON A SITE FORMERLY IDENTIFIED AS SHOPS 8 AND 9 NEAR THE SOUTHEAST CORNER OF THE SITE AT FALCON ROAD AND THE ON-RAMP TO INTERSTATE HIGHWAY 580 PLPA 2011-00031 NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from including Committee Reports and Reports meetings attended at City Expense (AB 1234). the Planning Commission and/or Staff, by the Planning Commission related to ADJOURNMENT -The meeting was adjourned at 9:04:28 PM ATTEST: ..~ Jeff Ba e Planning anager Res ectfully s ed, n Brown Chair Planning Commission G:IMINUTES120111PlANN/NG COMMISSIOM09.27.11 DRAFT PC Minutes.docx '~~u~rc ~ _~ ~. ~ 132 RESOLUTION NO. 11- 25 A f~ESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITfONAL USE PERMfT AND SITE DEVELOPMENT REVIEW FOR THE MONTESSORI PLUS DAY CARE CENTER LOCATED AT 11900 SILVERGATE DRIVE (APN 941-0103-011-01) PLPA-2011-00013/00014 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 60 children and Site Development Review for the establishment of an outdoor playground and a refuse enclosure; and WHEREAS, the Project is located in a C-O (Commercial Office) Zoning District; and WHEREAS, a Day Care Center is permitted in the C-O Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Project is located in a former single story office building on the property; and WHEREAS, in accordance 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 tubular steel fencing with a mesh screen to enclose the play area, the installation of new playground equipment and a new concrete block refuse enclosure; and WHEREAS, tubular steel fencing is permitted to enclose playgrounds .pursuant to Chapter 8.72 (Landscaping and Fencing Regulations); and WHEREAS, pursuant to Chapter 8.40 (Accessory Structures and Uses Regulations), unenclosed structures are .permitted to be 15-feet in height with a minimum setback of 5-feet from the property line; and WHEREAS new playground equipment consisting of three play structures will be located in the playground area and will have a maximum height of nine (9) feet to the peak of the roof of the tallest structure; and WHEREAS, the California Environmental Quality Act (CEQA}, together with State Guidelines and City Environmental Regulations required that certain projects be reviewed. for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Project is found Categorically Exempt pursuant to Section 15301 and15303; and. WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and. Site Development Review requests; and WHEREAS, the Planning Commission held a public hearing on said application on September 27, 2011; 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 all 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 Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The .proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located in a primarily residential area that will be convenient to parents in the vicinity that want to use the services of the day care center. 2) The facility is close to San Ramon Road and Highway 680 which will provide good access to the day care center for parents in the surrounding area. B. 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) conditions of approval have been placed on the Project limiting outdoor play activities to between the hours of 9 a.m. to 5 p.m. and limiting the number of children within the play area at any given time to 30 to minimize the potential for noise impacts on surrounding residential uses. A Noise Study dated July 15, 2011, prepared for the project, states that the noise from children using the proposed project's play yards is expected to be within "normally acceptable" levels of the city's General Plan Noise Element guidelines for single-family residential development. The .play yard noise as received at the adjacent homes would comply with the standards of the State of California's Model Noise Ordinance. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Project utilizes existing space within the former office building for the operation of the Day Care Center; 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 public utilities and services to ensure That the proposed use and related structures would not be detrimental to the public health, safely, and welfare in that: 1) the Project is located on a fully improved site which was previously utilized as an office; and, 2) the Project site has adequate provisions for public access from Silvergate Drive and Dublin Green Drive as well as provisions for water, sanitation, and public utilities and services. 2of18 E. The subject site is physically suitable for the type, density. and intensity of the use and related structures being proposed in that: 1) with minor modifications, the Project can utilize a portion of the existing building and can convert a portion of the landscape area around the building for playground use. F. 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 .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. It is consistent with the General Plan and with any applicable Specific Plans: 1) the project is consistent with .the Retail/Office land use; 2) child care clusters are permitted within the Retail/Office land use; and 3) the project is not within a Specific Plan area. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specihc Plans and design guidelines in that: 1) the Project complies with the development regulations and requirements of the Dublin Zoning Ordinance including height, setbacks, fencing and accessory structures; and, 2) the Project is consistent with the Public/Semi-Public General Plan land use. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the Project complies with the height and setback requirements of Chapter 8.72 (Landscaping and Fencing Regulations) and Chapter 8.40 (Accessory Structures and Uses Regulations) and complies with Chapter 8.104 (Site Development Review). C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that: 1) there will be no design changes to the existing building; 2) the play area will be located on a portion of the site that will reduce noise .and visual impacts from surrounding single-family homes and will be screened with a tubular steel fence with a mesh covering for screening and security purposes. D. The subject site is physically suitable for the type and intensity of fhe approved development in that: the Project is consistent with the previous use of the site as an office in that the day care center will use the office building for indoor activities for the day care center and there is adequate space for a play area and .parking on site. E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project will utilize a low retaining wall to provide a playground area that has a minimum slope. F. Architectural considerations including the character, scale and quality of design, site layout, the architectural relationship with 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 development in the vicinity in that: 1) the Project is consistent with the previous use of the site as an 3 of 18 office in that no exterior .architectural changes will be made to the building; 2) the outdoor play area will be located in a portion of the site that will have minimum impact on the surrounding residences; 3) the tubular steel fencing with mesh screening that surrounds the play area will screen the playground from the public right-of-way; and 4) the new playground equipment is age appropriate for the children being cared for by the day care center. G. Landscape considerations, including the location, Type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) New landscaping will be placed between the new tubular steel fence and the back of the sidewalk on Dublin Green Drive and Silvergate Drive; and, 2) new landscaping will be placed between the parking lot and the west side of the existing building. 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 office building. 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 small structures within the meaning of Guideline Section 15303. BE IT FURTHER RESOLVED that the Planning Commission does hereby rescind Resolution 11-22 and does hereby approve a new Conditional Use Permit and Site Development Review for the Montessori Plus Care Center as shown on the project plans, date stamped received by Dublin Planning on June 29, 2011, and included as Exhibit A 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 Division 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; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; (DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley ..Transit Authority; and [CHS] California Department of Health Services. 4of18 ''NO. CONDITIONS OF APPROVAL Agency When Source Required Prior to: GENERAL 1. Approval. This Conditional Use Permit and Site PL Ongoing Standard Development Review approval is for Montessori Plus for the establishment and operation of a Day Care Center at 11900 Silvergate Drive for up to 60 children and 8 employees and for the construction and use of an outdoor play area and associated site and exterior building improvements related to the operation of the Day Care Center, PLPA-2011- 00013/00014. This approval shall be as generally depicted and indicated on the plans prepared by KDA Architects, Inc. dated June 29, 2011 and written statement dated April 28, 2011 on file in the Community .Development Department, and as specified by the following Conditions of Approval for this ro'ect. 2. Effective Date. This Conditional Use permit/Site PL Ongoing Standard Development Review approval becomes effective 10 days after action b the Plannin Commission. 3. Permit Expiration. Construction or use shall PL 1 year of 8.96.020.D commence within one (1) year of Permit approval or Permit the Permit shall la se and become null and void. a royal 4. Time Extension. The original approving decision- PL Permit Standard maker may, upon the Applicant's written request .for Expiration an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re wired b the articular Permit. 5. Modifications. The Community Development PL On-going 8.104 Director may consider modifications or changes to this Conditional Use Permit and Site Development Review approval if the modifications or changes proposed comply with Chapter 8.100 (Conditional Use Permit) and Chapter 8.104 (Site Development Review of the Zonin Ordinance. 6. Revocation of Permit. The Conditional Use Permit PL On-going 8.96.020.1 and Site Development Review approval shat! be revocable for 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 sub'ect to citation. 7. Indemnification. .The Developer shalt defend, Various On-going In indemnify, and hold harmless the City of Dublin and accordance its agents, officers, and employees from any claim, with action, or proceeding against the City of Dublin or its Government a ents, officers, or employees to attack, set aside, Code 5 of 18 NO. CONDITIONS OF APPROVAL Agency When- Source Required Prior to: void, or annul an approval of the City of Dublin or its Section advisory agency, appeal board, Planning 66499.37 Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the Gity 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 Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedin s. 8. Fees. Applicant/Developer shall pay all applicable FIN Issuance of Standard fees in effect, including, but not limited to, Planning Building fees, Building fees, Traffic Impact Fees, MC fees, Permits Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified .School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and a licable. 9. Requirements and Standard Conditions. The Various Building Standard Applicant/Developer shall comply with applicable Permit City of Dublin Fire Prevention Bureau, Dublin Public Issuance 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. PLANN ING 10. Directional Signage. Work with City Staff to provide PL Occupancy Planning a right turn only sign at the driveway exit on Commission Silver ate Drive. 11. Retaining Wall Finish Material. The retaining wal! PL Occupancy Planning shall have integral color sand frnish to match the Commission buildin . 12. Retainin Wall Setback. The retaining wall shall be PL Occupanc Plannin 6of18 NO. CONDfTIONS OF APPROVAL Agency When Source Required Prior to: setback a minimum of 2 feet from the back of the Commission sidewalk. 13. Retaining Wall Screening. Provide a minimum 32" PL Occupancy Planning ever teen shrubs ad'acent to the wall. Commission 14. Trees. Plant 6 large canopy trees within the PL Occupancy Planning landsca a area on the site. Commission 15. Parking. A total of 20 parking spaces (12 spaces for PL On-going Planning parent drop-off and pick-up and 8 spaces for employees) shall remain available for use by the Montessori Plus Child Care Center during the a proved hours of o eration. 16. Outdoor Ptay Area. Outdoor activities shall be PL On-going Planning limited to the designated outdoor play area as shown on the approved plans. No more than 30 children shall be present within the designated outdoor play area. Outdoor activities shall be limited to a maximum of 1 hour in the morning and one half hour in the afternoon and shall occur between the hours of 9 a.m. and 5 .m. Monda throu h Frida . 17. Noise. Outdoor play activities shall be controCled so PL On-going Planning as not to create unusual or unnecessary noise that may disturb or annoy persons living or working in the vicini 18. Property Maintenance. The Applicant/ Developer PL During Planning and property owner shall be responsible for Construction maintaining the site in a clean and litter free Through condition during construction and through Completion completion. Per the City of Dublin Non-Residential and On-going Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/Property Owner shall maintain the building, site and all signage in good condition and shall .keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 19. Accessory/Temporary Structures and Uses. A PL Placement Planning Temporary Use Permit is required for all construction on site trailers, security trailers and storage containers used durin construction. 20. Temporary Signage. All. temporary signage shall PL On-going DMC be subject to the regulations of Chapter 8.84, Sign 8.84 Re ulations of the Dublin Zonin Ordinance. 21. Landscaping. The new landscaping provided PL Issuance of Planning between the tubular steel fence and the back of the Occupancy street side walk and between the parking lot and the Permit west side of the building shall be provided with an automatic sprinklers stem. 22. Community Care Licensing.. The applicant must PL Establishment Planning be licensed by and comply with the State of of the Use California Community Care Licensing. The applicant shall submit a copy of the license to the Planning 7 of 18 NO. CONDITIONS OF APPROVAL -Agency When Source Required Prior to: Division 23. Unused Building Area. The 1969 square foot area PL On-going Planning in the building indicated as vacant or storage shall remain as such in the future unless the applicant is granted approval by the City of Dublin for other use of the s ace. 24. Business License. The Applicant shall apply fora Various Building Various City of Dublin Business License within 30 days of Permit approval of the Conditional Use Permit/Site Issuance Develo ment Review. 25. Hours of Operation. The approved hours of PL On-going Planning operation are 7:.30 a.m. to 6:30 p.m., 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. 26. Property Maintenance. The Applicant and/or PL On-going DMC 5.64 Property Owner shall keep the property maintained in a safe, clean, and litter-free condition at all times. 27. 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 aff times. Where feasible raffiti resistant materials should be used. 28. Nuisance. The Applicant shall control all activities PL On-going DMC so as not to create a public or private nuisance to the 5.28.020 existin and surroundin residents. 29. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84 are prohibited in Commercial Office Zoning Districts and shall not be displayed at any time. BUILD ING 30. _ 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 building permit issuance. A permit shall be required for work roposed. 31. Building Permits. To apply for building permits, B Issuance of 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 far obtaining the approvals of all participation non-City a encies rior to the issuance of buildin permits. 32. Construction Drawings. Construction plans shall B Issuance of Building be full dimensioned (including building elevations) Buildin 8of18 NO. CONDITIONS OF APPROVAL Agency When ` Source Required Prior to: accurately drawn (depicting all existing and Permits proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer.. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 33. Addressing. Address will be required on all doors B Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in hei ht minimum. 34. Air Conditioning Units. Air conditioning units and B Occupancy Building ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Develo ment. 35. Temporary Fencing. Temporary constructing B During B fencing shall be installed along perimeter of all work construction under construction. Fire Pr -- evention Bureau -- 36. -- Provide Site Plan. The site plan needs to show F Issuance of Fire sufficient detail to reflect an accurate and detailed Building layout of the site for review and record purposes. Permit The site plan will need a scale that will allow sufficient details for review purposes and include, but not be limited to the following: • The site parking and circulation layout including fences, gates, fire lane locations and turnarounds. • Location of afl fire appliances including fire hydrants, fire connections, fire sprinkler risers, and fire control valves. • The location of all building openings including the exit discharge pathway for building exits. Note the location of exit lighting for these pathways as well • The location of property lines -and assumed property lines between buildings on the same ro ert as well as an easements. 37. Deferred Submittals. Provide on the Title or Cover F Issuance of an Fire Sheet under the heading Deferred Submittals all of Occupancy the deferred submittal items. Permit Fire sprinkler system install Fire alarm system install New Fire Sprinkler System & Monitoring Requirements In accordance with The Dublin Fire Code, fire 9of18 NO. CONDITIONS OF APPROVAL Agency When Required- Prior to: Source sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. a) Sprinkler Plans. (Deferred Submittal Item).. Submit detailed mechanical drawings of all ' sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. b) Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N. F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. c) Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. Fire Protection Equipment shall be identified with approved signs constructed of durable materials, permanently installed and readily visible. 10 of 18 NO. CONDITIONS OF APPROVAL Agency When Required Prior to: Source 38. Fire Alarm (detection) System Required A Fire F Issuance of Fire Alarm-Detection System shall be installed throughout Occupancy the building so as to provide full property protection, Permit including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NPFA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. a) Fire Alarm Plans. (Deferred Submittal Item). Submit detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations. to the Fire Department for review and permit prior to the installation. Where employee work areas have audible alarm coverage, circuits shall be initially designed with a minimum 20% spare capacity for adding appliances to accommodate hearing impaired employees. b) Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be approved by the Fire Department. c) Qualified Personnel. The system shall be installed, inspected, tested, and maintained in accordance with the provisions of Chapter 10 of NFPA 72. Only qualified and experienced persons shall perform this work. Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. d) Inspection & Testing Documentation. Performance testing of all initiating & notification devices in the presence of the Fire Inspector shall occur prior to final of the system. Upan this inspection, proof that the specific account is UL Certificated must be provided to the Fire Ins ector. 39. Fire Extinguishers. Extinguishers shall be visible F Issuance of Fire and unobstructed. Signage shall be provided to Occupancy indicate fire extinguisher locations. The number and Permit location of extin uishers shall be shown on the 11 of 18 NO. CONDITIONS OF APPROVAL Agency When Source Required Prior to: plans. Additional fire extinguishers maybe required by the fire inspector. CFC 906 Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced b a licensed concern annual) . 4Q. F Issuance of Fire FD Building Key Box Building Access. A Fire Occupancy Department Key Box shall be installed at the main Permit entrance to the Building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. 41. Key Box Order Information. Key boxes and F Issuance of Fire switches may be ordered directly from the Knox Occupancy Compan at www.knoxbox.com Permit 42. Gate Approvals. Fencing and gates that cross F Issuance of an Fire pedestrian access and exit paths as weft as vehicle Occupancy entrance and exit roads need to be approved for fire Permit department access and egress as well as exiting provisions where such is applicable. Plans need to be submitted that clearly show the fencing and gates and details of such. This should be clearly incorporated as part of the site plan with details provided as necessary. 43. Means of Egress Exit signs shall be visible and F Issuance of illuminated with emergency lighting when building is Occupancy occu ied. Permit 44. Maximum of Occupant Load. F Issuance of Fire Posting of room capacity is required for any occupant Occupancy load of 50 or more persons. Submittal of a seating Permit plan on 8.5" x 11" paper is required prior to final occupancy. 45. Interior Finish Wall and ceiling interior finish F Issuance of Fire material shall meet the requirements of Chapter 8 of Occupancy the California Fire Code. Interior finishes will be field Permit verified u on final ins ection. If the product is not 12 of 18 NO. CONDITIONS OF APPROVAL Agency When Source Required Prior to: field marked and the marking visible for inspection, maintain the products cut-sheets and packaging that show proof of the products flammability and flame- spread ratings. Decorative materials shall be fire retardant. 46. Main Entrance Hardware Exception. It is F Issuance of Fire recommended that al( doors be provided with exit Occupancy hardware that allows exiting from the egress side Permit even when the door is in the locked condition. However, an exception for A-3, B, F, M, S occupancies and all churches does allow key-locking hardware (no thumb-turns) on the main exit when the main exit consists of a single door or pair of doors. When unlocked the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. A readily visible, durable sign on or just above the door stating "This door to remain unlocked whenever the building is occupied" shall be provided. The sign shall be in fetters not less than 1 inch high on a contrasting background. This use of this exception ma be revoked for cause. 47. Addressing. Addressing shall be illuminated or in F Issuance of Fire an illuminated area. The address characters shall be Occupancy contrasting to their background. If address is placed Permit on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. CFC 505 Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height. by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Multi-Tenants. Where a building has multiple tenants, address shall also be provided near the main entrance door of each tenant space. The address shall be high enough on the building to be clearly visible from the driveway, street or parking area it faces even when vehicles are parked in front of the tenant space. The address shall not be less than 5- inches in height with a %-inch stroke. Rear Doors. The address shall also be provided on any rear doors to the tenant space with minimum 5- inch hi h characters. POLICE 48. Non Residential Security Ordinance PO On-going DMC Requirements. The Applicant shall comply with all 7.32.310 applicable City of Dublin Non Residential Security Ordinance requirements. 13 of 18 NO. CONDITIONS OF APPROVAL Agency When Source Required Prior tot. 49. Lighting. The Applicant must submit a lighting plan PO Issuance of DMC and ensure that parking lot will receive 1 foot Building 7.32.310(c) candleli ht Burin the hours of darkness. Permit 50. Door Signage. All doors shall be identified inside PO Occupancy DMC and outside as to their respective purposes (e.g., 7.32.310(a)( "classroom A", or "Exit Only"). Placard signs or vinyl 10) letterin ma be used. 51. Facility Diagram. A diagram of the interior of the PO Occupancy DMC facility identifying each room shall be displayed in the 7.32.310(a)( office at all times. 10 52. Business Site Emergency Response Card. The PO Occupancy Police Applicant shall complete a "Business Site Emergency Response Card" and deliver it to Dublin Police within 30 days of approval of the Conditional Use Permit/Site Development Review. 53. Security Gate. The applicant shall submit plans PO Issuance of Police which include gate security details. Building ermit 54. Addressing. Addressing must be illuminated by a PO Occupancy Police li ht source. 55. Restroom Lighting. Multi-user restrooms shall be PO Occupancy Police equipped with emergency lighting or lighting that cannot be turned off/on b the user. 56. Restroom Doors. Doors leading into restrooms PO Occupancy Police shall be non-lockin 57. Classroom Lighting. All classrooms shall have PO Occupancy Police motion sensor lighting as well as emergency lighting that remains lit Burin power failures. 58. Hallway Lighting. Hallways shall have emergency PO Occupancy Police li htin that remains lit Burin power failures. 59. Landscaping. Landscaping shall conform to PO On-going Police CPTED practices: shrubs no higher than 32 inches, tree canopies no lower than 6 feet, full canopies shall be thinned out. 60. Addressing. Addressing shall be either on the PO On-going Police building or on afree-standing monument sign, shall include the street name, and shall be visible during hours of darkness. 61. Safety Talks. The applicant shall contact the Crime PO Within 6 Police Prevention Unit to schedule safety talks for staff and months of children. initial o eration PUBLIC WORKS 62. Clarifications and Changes to the Conditions. In PW Approval of Public the event that there needs to be clarification to these Improvement Works Conditions of Approval, the Directors of Community Plans Develo ment and Public Works have the authority to 14 of 18 NO. CONDITIONS OF APPROVAL Agency When Source Required. Prior to: clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in .the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from im acts of this ro'ect. 63. Standard Public Works Conditions of Approval. PW Approval of Public Appficant/Developer shall comply with all applicable Improvement Works City of Dublin Public Works Standard Conditions of Plans Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall revail. 64. Hold Harmless/Indemnification. The Developer PW Through Public shall defend, indemnify, and hold harmless the City completion of Works of Dublin and its agents, officers, and employees Improvements from any claim, action, or proceeding against the and City of Dublin or its advisory agency, appeal board, Occupancy of Planning Commission, City Council, Community the Building Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 65. .Grading/Sitework Permit. All improvement work PW Issuance of Public must be performed per aGrading/Sitework Permit Grading/Site Works issued by the Public Works Department. Said Work Permit permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11 " pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 66. Storm Drain Easement (SDE). Applicant shall grant PW Occupancy Public 15' wide storm drain easement (between the existing Works 15 of 18 NO. CONDITIONS OF APPROVAL Agency When .Source Required Prior to: building and most northerly property line) to the City for future repairs and replacement of existing storm drain i e. 67. Accessible Path of Travel. Applicant shall provide PW Issuance of Public an accessible path of travel/walkway from the public Grading/Site Works sidewalk on Silvergate Drive to the building entrance Work Permit per California Building Code requirements. Said walkway shall be 4'-minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossin s. 68. Vehicle Parking. Applicant should repair any PW Occupancy Public distressed areas of pavement within the existing Works parking field, then seal and re-stripe the entire parking field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the ward "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 landsca ed area or lanter. 69. Damaged Sidewalk. If required, the PW Occupancy Public Applicant/Developer shall repair any damaged Works and/or protruding sidewalk on Silvergate Drive or Dublin Green Drive. 70. Landscape Inlands. The Applicant/Developer shall PW Occupancy Public replace the protruding island curbs and modify Works arkin stalls to install 12" concrete ste out curbs. 71. Signs and Pavement Markings. The PW Occupancy Public Applicant/Developer shall be responsible for the Works following on-site traffic signs and pavement markings: 1) R26F "No Stopping -Fire Lane" signs shall be posted along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. 2) R100B (disabled parking regulations sign) shall be installed at the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". 3) Accessible parking signs and legends per State Title 24 requirements. 4) The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 5) R1-1 "STOP" signs and pavement markings shall be installed at each drive aisles and driveways. 16 of 18 N0. CONDITIONS OF APPROVAL " -Agency When Source . Required Prior to: 6) W11-2P "PED XING" sign shall be installed below the STOP sign at the Dublin Green Drive drivewa . 72. Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all work Construction Works under construction to separate the construction and operation from the public. All construction activities Occupancy shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance b the Ci En ineer/Public Works Director. 73. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 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 Saturda and/or holida work. 74. Damage/Repairs. The Applicant/Developer shall be PW Occupancy Public responsible for the repair of any damaged pavement, Works curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the develo ment of the ro'ect. 75. Fees. The Developer shall pay all applicable fees in PW Issuance of Public effect at the time of building permit issuance, Building Works including, but not limited to: Planning fees; Building Permit fees; Dublin San Ramon Services District fees; Public Facilities 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; and any other fees as noted in the Develo ment A reement. 76. Trash Enclosure. The trash enclosure shall be PW issuance of Public architecturally designed to be compatible. with the Building Works building. The doors must be designed with self- Permit closing. gates that can be locked closed and can also be held open with pin. locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. The enclosure shall not obstruct access (24' min wide drive aisle) and shall have accessible route and entrance door 17 of 18 NO: CONDLTIONS OF APPROVAL° Agency When Req u fired Prior to: Source - 77. Bicycle Racks. Bicycle racks shall be installed near PW, PL Prior to Public the entrances to the office and retail buildings at a issuance of Works and ratio of 1 rack per 40 vehicle parking spaces. Bicycle Occupancy Planning racks shall be designed to accommodate a minimum Permits} of four bicycles per rack, and so that each bicycle can be secured to the rack. The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled b the buildin occupants. PASSED, APPROVED AND ADOPTED this 27th day of September 2011 by the following vote: AYES: Brown, Wehrenberg, O'Keefe, Schaub, Bhuthimethee NOES: ABSENT: ABSTAIN: Panning Commi n Chair AT T Planni g M ger 18 of 18 NOTcS 11900 SILVERGo4TE "-`"~"°"`°°'"" 11900 Silvergate Dr. Dublin, CA 94568 -, Renovation F'ROJt(:I UN I A ~~ NCR, n„P~ts.~~~. m _. ____ i ~ _ ,,~~ ~`~ DR~.4MVING INDEX ~ ~, ~ ~ 9 w _ / , ~~{P/~~ ~~ 4 ~~~Bil~ i ~~~ Lvl/,-c~i3~~ 3 ~ P ~t ~ ~ tl - zz JUN d~ 7iJ ~ ~ ~~~~~ ~ ~U6LIN PLAIV~ING -C.9uER _ .. C rw . i `/3 ~` ~~. II w~ ____ more m~rwr. am.a -° -. ~ - -- - ___ ~ „I ` I / ^~. ~. ~~ i i ~ e. f. rye. _, °n. , ~ ~ ` f i i I " ~ i I ~. - ~.., ° i ~~ ~ ~ ~ ~ ~ ~ Q ,~ i _ 1. ~_- _ I i) a~~ l n i L ~. ,~.a~~ °~ „, i -- -~~°" ~~ ~i -- - - ~ T. _ 5 - w I ~ ~ ~~ ~ ~ ~ _~ ~_ ~ ,p, ~ z ~ ~ i ._ wmws ~aur~x we ~ ~I J ~ m k. ~ ___ ~ 0 t r t _. 11900 Silvergate ^r. Dublin. CA 94568 Renovalicn e;e C~a~.w... ~~Clr n r c«, mo ~„ as ~, 7/~~~~ _, l ~ ~~ ~<I'-~~~~~~_ ~ /l ZZ I ~/ZlP/6~ DRNIOLITION _ ~ .PLAN ..,.,._._ , A2.0 _--_ -_ ~ -- - __ 1 ~ ---- -=- ~~ - 119005ilvergaie Dr. '_ V - ~ Duplin, CA 94568 ` _ g r f-s~ v ~I~ --- ~ ~ ~ ~ ~ ~ ~K ~ ~ Ranovation .~ ~ SIiF I F r'•ln - ~ / { h ~ ~ ti ^- ~' ~- ~ ~ u ..,.. , // h t7~ ~ v ~, mi..~ ~ ,. a ~ ~~ L ~ '. „~,~o. ^~ ,. ~ j~ E~ . ~ ~~ro I ~ - ~~ y _ ai . ~~r ` r a \ _ ~ ~ ~ I ~~ ur mgr ~ ~xunA ~<,. . ~ ~ ~, . ~ i.» " < `'>, i i ~~ - xu .., ~x ~. - h i r i i ' ~ ,'0 _ fi .'r / ~..~ m ~ L... ~ M _ ,~ r e ,~, ~ ~r / _ 3 ~ / s ":,a',~ ~ 'g9' \ icy, . - ~ .~ ~_~ 1 ~~~ is ° ~~ ~ ~ ~ ,. ¢ ~ ` ~ ~ ~ry ~,~ + ~ ~ ~ :w, Zv_! -ova / 3 . I ~ J .~ z ',. m uB>WIS3ti6B1 ~0~ .. ~° - ~ _~ ~ i. ~/ „.~n„a...~.......„S ,, FIAT _, ~.. &`e '• ~« .~_ ~A~1 -' ~,Ip1' o~~`P ~H ~ _ s,~ki ;iF , z~~, ,~ . i. ,. ~ ~ _ PL 1Y `_ CTURE C ~. ~ T~ I p __ ._ - ~ L lftASH ~ ~~~, m _~~$ I I:~I11~II~' ~L-L ~~ ! I I I ~~ ~13 IKnSH ENC.OSURE_ 11900 Silvergate Dr. Dublin, CA 94558 Renovation l _ ~ . i I\ ~ ~ ~vT ~F - ~~ N~A ~- B ~, ~ N ~ I o q ~. ~ ~. . ~.~_ ~~, ~~ ANOSCAFE )REh1AIN ' ~ ___ ~ Z _ _i~_ ~ e ' ~ ;~ --_ ~I _j. i~-.\ EL 3G7 _ --- ~I,~1~ _7/~~ii (~ % PARTIAL PLAN ( PLAY AREA ~ ~, 2bY(-o4o/ 3 - ~ ~' P OPOSED P d (ELEVATIONS 8"I PARTIAL FENCE ELEVATION FROM SILVERGAT[ IJRM ~~. Caroline Soto, City Clerk for City of Dublin October 6, 2011 100 Civic Plaza Dublin, CA 94568 Phone. {925) $33-6650 Fax: (925) 833-6651 1C~~-~~- 1 1 f~U2:4 1 F~C~~p Dear Ms. Sato, The purpose of this setter is to request an appeal to the conditional use permit issued Tuesday, September 27, 2011 by the Dublin Planning Commission, allowing Mon#essori Plus to open a school for 60 students located at 11900 Silvergate Drive. The Dublin Punning Commission is looking to re-zone the property. This re-zoning requires community acceptance. City of Dublin municipal code section 8.24.020 A.3 states: Use types conducted entirely within a buifding. All use types permitted in the C-O zoning district shah be conducted entirely within a building. The business of the school will not be conducted entirely within the building because they will be using the outdoor area bordering Silvergate Dr. and Dublin Green, as a playground. A commercial schooi, it is not permitted in a C-O zone, according to code 8.12.050 Permitted and Conditionally Permitted fond Uses. We have visited the Montessori Plus schooi in its current location (a shopping center). As you drive into the parking lot, there is a "school" sign posted. Montessori Plus coils itself apre-schooi with kindergarten cusses. They refer to themselves and their employees as "teachers". Montessori Plus is clearly a schooi (SEE PHOTO #1} NOT a "daycare" as stated on their application. Sound studies presented in their "report" were tested at a neighboring school (Kindercare}. Montessori Plus should have tested the noise level at the actual facility, instead of at the facility across the street (Kindercare). We request the test be performed (correctly) at the actual school site. Also, the noise level from the neighboring St. Raymond's School playground (while their students have recess each schooi day} is heard loud and clear to the residents an Woodren Ct. and Dubiin Green. This noise needs to be factored in to the study. Traffic and parking is also a major concern. Based on the age of the children attending the schooi, every parent will need to walk their Child to the building and sign them `in' or cheek them 'out'. Currently there is no parking allowed in front of the building. (Reason being, parked cars obstruct the view of coming traffic} (SEE PHOTO'S #2 AND #3} The parking sot will accommodate only 1$ cars (enough for employees of MP}. {SEE PHOTOS #4 AND #5}That means that at least 50 cars will need to park on the streets of our neighborhood for pick up and drop off [the current traffic study reports an additional 191 trips on school days}. This heavily populated earner already accommodates a 7/11 store and two office buildings (housing 4 separate businesses) (SEE PHOTO #6}. Silvergate Dr. is a main thoroughfare off of San Ramon Rd, which also has a bike lane. {SEE PHOTO #2} Traffic turning onto Silvergate from the right and the left have less than 1 city block to get into the proper cane. This is already a problem before adding 191 extra Cars. [SEE PHOTO #12) The current plan calls for parents to enter the schooi on Silvergate Drive and exit a very narrow driveway on Dublin Green (with extremely limited visibility). (SEE PHOTOS #7 AND #8). This section of roadway already serves as overflow parking for 7/11, Arbor Creek Townhomes, and Silvertree Condos (located on the south side of Silvergate) [SEE PHOTOS #9, #10}. At morning "drop off' we are afraid that this will back up traffic on Silvergate [SEE PHOTO #12}, making it difficult for residents of Dublin Green and Woodren Court to leave their homes each morning. Upon leaving, the driveway on Dublin Green, this will cause further difficulty for residents to pail out of their street. Also, this driveway crosses a sidewalk with very heavy foot traffic. The lack of visibility is a hazard to pedestrians that frequently walk this stretch of sidewalk. [5EE PHOTO #11} Aesthetics is another major concern. The building at 11900 Silvergate Dr. was built In the1960's. The building is very old and dated. The ONLY attractive thing about this building is the lush landscaping it is surrounded by. [SEE PHOTO #13 AND #14y The current plan for Mantesori PE.US is to rip out all the trees and landscaping along Silvergate and Dublin Green, install a concrete retaining wall, apply stucco finish to match the stucco on the building (even though the building is constructed of wood siding), install a 6 Ft. high tubular fence (on top of the retaining walk} with a mesh privacy screen (the proposed six foot fence will impair visibility for foot and motor traffic and violates city code). This small area of land between the building and the public sidewalk wilt accommodate a playground for their students (with 9 Ft. play structures sticking 3 ft. above the fence). During the meeting of July 26, 2011, Cm. Bhuthimethee asked what the finish of the building was, Mr. Weisbrod replied (verbatim] "the building is finished in stucco and has been recently painted". (Please refer to the minutes of that meeting, page 1 and 2, it was later stated during that same meeting that 11900 Silvergate Dr. was constructed of both siding and stucco]. Based on this information it was decided by the Dublin Planning Commission to add a stucco finish to the retaining wall to match the building. The building is NOT stucco, it is NOT combination of stucco and siding, it fs painted T-111 siding. (5EE PHOTO #15] The lack of knowledge displayed by the Planning Commission makes it very clear to us; the plan far this building is to throw a hodge podge of building materials together, with little thought of curb appeal. This building sits an a highly visible corner that ALL residents of the Silvergate area pass numerous times a day when leaving and returning to their homes. If the current plan is carried out,119DD Silvergate wilt be an eyesore to our neighborhood. In addition, housing a playground an this very small section of land, for 30 children, on the heavy traffic corner bordering a 4 lane road is irresponsible. (PLEASE 5EE PHOTO5 #13 AND #14] State law mandates 75 1=t. per child of playground Space and prohibits smoking anywhere within 25 feet. (Montessori Pius claims this area is z700sq. ft., but when we measured we came up with a much lower sq. footage) Is the City of Dublin prepared to tell the residents within this area that they cannot smoke in their own houses and yards? Does the City of Dublin have the police resources to patrol the public sidewalks along the perimeter of the playground to insure that anyone walking within 25 feet of this playground is not smoking? The botkam line...this is a very UNWEALTHY location to house apre-school. We think that the owners of Montessori Pius and the City are capable of finding a safer, more suitable, properly zoned location far their students. Five years ago much to our disapproval] our neighborhood elementary school (Nielsen) was closed citing "the lack of children in our neighborhood". It is our understanding that the majority of Montessori Pfus students are from Castro Valley, San Raman, Pleasanton, and Danville, NOT DUBLlN. Also, the owners of the buiiding and the Montessori applicants are from Danville. The fact that the Dublin City Planning Commission would put the needs of non-residents in front of the needs of long time, tax paying, community supporting, VOTING Dublin Residents is offensive. The approval of this zoning change will result in a severe degradation in our standard of living on asingle-family home residential street. We fear this will negatively affect the desirability of our properties. Our community does not accept this re-zoning for the purpose of commerce. The city council has a responsibility to represent the interests of family and community, first and foremost over commerce. Period. Sincerely, Residents of Dublin Green, Silvergate Drive and Waodren Court Jose Riveria Evelyn CZuijana Renick Leoni Mary Leoni Jerry Kinnaman Candice Kinnaman John Santos Cynthia Santos Dave Wenry Margo Wenry Rudy Nunez Kely Nunez Eric i3aird Kimberley Baird Lori Martin Audrey Wutchinson Enclosures; b ~.~ ~~ ~. z ~ J ~ "~ J, ~, z ~~ b ~, 9 5 ~~ b z a~~. ¢ 9 ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ U~ ~ ~ ~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ r d d d d d ~ d d d ~ b ~ a ~ ~ ~ ~ ~ r ~ ,~ ,~ ~ ~~~ ~ ~ ~~ d~~,bu o z ~~ ~ d ~~ ~ ~o. ~ ~ ~~~ ~ ~ ~' CD via ~ a °a N r~ "`~ ~~ ~ ~ ® o ~ ?'' ° ora ~ ~ Z o ao c~ '~'¢ c~o d ~ ~ ~ ~. ~ o x~~ ~ ~ ~ o ~' o~..~' ~ o ~. o ~ ~. ° ~ ~ z ~ ~ ~ ~ ~ ~7 ~ ~ a ~ ,~ ~, ~' ~. 4 ~ o o o w ~ ~. ~ ¢; ~ p. w na ~ a ~ ~, ~ ~ ~ o K ~ ~ w n a ~ ~~ a ~~ ~ ~~ b Q ~' CL ~+ d ~• c ~ d ~. ~. n ~ ~ A ,~ ~~ ~ ~oy~ `r r ~, e 0 ~" z ~ ~ ~!i 6 cu ~, ~~ . 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XX-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING PLANNING COMMISSION RESOLUTION 11-25 APPROVING A CONDITIONAL USE PERMIT AND A RELATED SITE DEVELOPMENT REVIEW PERMIT FOR THE MONTESSORI PLUS DAY CARE CENTER LOCATED AT 11900 SILVERGATE DRIVE AND IMPOSING ADDITIONAL CONDITIONS OF APPROVAL (APN 941-0103-011-01) PLPA-2011-00013/00014 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 60 children and a related Site Development Review for the establishment of an outdoor playground and a refuse enclosure; and WHEREAS, the Project is located in a C-O (Commercial Office) Zoning District; and WHEREAS, a Day Care Center is permitted in the C-O Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Project is located in a former single story office building on the property; and WHEREAS, in accordance 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 California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations required that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the project is Categorically Exempt from CEQA in accordance with Section 15301 (minor alterations to existing facilities involving little or no expansion) and 15303 (new construction or conversion of small structures). The project involves no expansion of the existing commercial building and only minor site enhancements; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and Site Development Review requests; and WHEREAS, the Planning Commission held a public hearing on said application on September 27, 2011; 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 all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and WHEREAS, the Planning Commission did adopt Resolution 11-25 approving a Conditional Use Permit and Site Development Review for Montessori Plus; and WHEREAS, a Letter of Appeal (dated October 6, 2011) was submitted within the 10-day appeal period; and WHEREAS, a Staff Report was submitted to the City of Dublin City Council recommending either to affirm Planning Commission Resolution 11-25 approving a Conditional Use Permit and a related Site Development Review Permit for the Montessori Plus Day Care Center and imposing additional conditions of approval, or direct the city attorney to prepare findings for the City Council to adopt affirming the Planning Commission's action in part, with or without additional conditions of approval, or reversing the Planning Commission's action; and WHEREAS, the City Council held a public hearing on said application on November 15, 2011; 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 said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does hereby find that the Project is Categorically Exempt from CEQA in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion) and 15303 (new construction or conversion of small structures). BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby deny the appeal and affirms Planning Commission Resolution 11-25 approving a Conditional Use Permit and a related Site Development Review Permit for the Montessori Plus Day Care Center and affirms the Findings set forth in the Planning Commission Resolution. PASSED, APPROVED AND ADOPTED this 15t" day of November 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: 2of3 City Clerk G:''~P_1-''~2011'!PLP~-2011-000131Iorrtessorf P&~sCZP'~CCappealNov2011''~CCReso~ffirmfrrgPC'~pproval.doe 3 of 3 RosFN GoLDe~R~ DER & ~~EV1J'ITZ, I Ne. ~. ., tl -~i~ i -;7 ,'1i t91 .~Sl a :_(?,~i 1 ,. f~'. '~~:°~. ENVIRONMENTAL NOISE IMPACT REPORT FOR: Montessori Plus 11900 Silvergate Drive Dublin, CA RGDL Project #: 11-041 PREPARED FOR: City of Dublin 100 Civic Plaza Dublin, CA 94568 PREPARED BY: Harold S. Goldberg, P.E. Principal Consultant DATE: 15 July 2011 Revised 3 November 2011 1100 Larkspur Landing Circle #375 Larkspur CA 94939 ^~• Tel 415 464 01 50 .b., Fax 41 5 464 0155 e- RGDLacoustics.com Montessori Plus, Dublin, CA Environmental Noise Impact Report 1. Introduction Page 1 Revised 3 November 2011 The proposed project is a new child care center at 11900 Silvergate Drive in Dublin California. The site is currently occupied by a commercial building and parking lot. The project includes an outdoor play area on the east and south sides of the building. This study estimates the noise levels that would be generated by the use of the outdoor play area and evaluates the potential for noise impact at the existing single-family homes near the site. The analysis includes ambient noise measurements at the site, noise measurements of a similar childcare facility and comparison of the noise levels with the City of Dublin's noise and land use compatibility standards. 2. Environmental Noise Fundamentals Noise can be defined as unwanted sound. It is commonly measured with an instrument called a sound level meter. The sound level meter captures the sound with a microphone and converts it into a number called a sound level. Sound levels are expressed in units of decibels. To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A-weighting filter is used. A-weighting de-emphasizes low-frequency and very high-frequency sound in a manner similar to human hearing. The use of A-weighting is required by most local General Plans as well as federal and state noise regulations (e.g. Caltrans, EPA, OSHA and HUD). The abbreviation dBA is sometimes used when the A-weighted sound level is reported. Because of the time-varying nature of environmental sound, there are many descriptors that are used to quantify the sound level. Although one individual descriptor alone does not fully describe a particular noise environment, taken together, they can more accurately represent the noise environment. The maximum instantaneous noise level (Lmax) is often used to identify the loudness of a single event such as a car passby or airplane flyover. To express the average noise level the Leq (equivalent noise level) is used. The Leq can be measured over any length of time but is typically reported for periods of 15 minutes to 1 hour. The background noise level (or residual noise level) is the sound level during the quietest moments. It is usually generated by steady sources such as distant freeway traffic. It can be quantified with a descriptor called the L90 which is the sound level exceeded 90 percent of the time. To quantify the noise level over a 24-hour period, the Day/Night Average Sound Level (DNL or Ldn) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the Leq except they include a 10 dB penalty during nighttime hours (and a 5 dB penalty during evening hours in the CNEL) to account for peoples increased sensitivity during these hours. In environmental noise, a change in noise level of 3 dB is considered a just noticeable difference. A 5 dB change is clearly noticeable, but not dramatic. A 10 dB change is perceived as a halving or doubling in loudness. ROSEN GOLDBERG DER Sc I_EWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 ^ Tel 415 464 0150 =Fax 415 464 01 55 ~~ RGDLacoustics.com Montessori Plus, Dublin, CA Environmental Noise Impact Report 3. Acoustical Criteria 3.1. City of Dublin General Plan Page 2 Revised 3 November 2011 The Noise Element of the City's General Plan has policies regarding noise and land use compatibility. Table 1 provides guidelines for the compatibility of land uses with various noise exposures. The City uses the Community Noise Equivalent Level (CNEL) descriptor. A CNEL of 60 dBA or less is considered normally acceptable for residential land use. It should be noted that the City's compatibility standards are normally intended to be used for traffic and transit noise. Table 1: Land Use Compatibility for Community Noise Environments COMMUNITY NOISE EXPOSURE (dB} Land Use CateuorV Normally Conditionally Normally Clearly Acceptable Acceptable Unacceptable Unacceptable [Noise Insulation} Features Rewwired Residential 6D yr less 4D - TD TD = TS Aver T5 Motels, hotels [iD yr less fi0 - TD TD - $D Over 8D 'Schools, churches, nursing 6D or less 60 • TD TD • 8D Over 8D homes Neighbvrhvvd parks 6D yr less 6D - 65 85 = TD Over TD Offices: retail commercial TD or less TD • T5 T5 - $D Over 80 Industrial 7D or less TO - T5 over l5 Conditionally acceptable expos ure requires noise insulation features in building. design. Conventional construction, but with closed windows and fresh air supply systems yr air conditioning will normally suffice. 3.2. City of Dublin Noise Ordinance Chapter 5.28 of the City of Dublin's Municipal Code prohibits "...loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area". The noise ordinance states that it is appropriate to consider the level and character of the noise as well as the level and character of the background noise. Since the City's Noise Ordinance does not contain quantifiable noise level limits, it is not possible to apply the noise ordinance as a threshold for assessing project generated noise in the context of this noise study. 3.3. Increase in Noise The California Environmental Quality Act Guidelines require the determination of whether a project will generate a substantial increase in noise levels in the ROSEN GOLDBERG DER Sc LEWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 -Tel 415 464 0150 3 Fax 415 464 01 55 RGDLacoustics.com Montessori Plus, Dublin, CA Environmental Noise Impact Report Page 3 Revised 3 November 2011 project vicinity above levels existing without the project. CEQA does not specify a method for determining when a project would cause a significant increase in noise. Likewise, the City of Dublin does not have criteria for determining when a noise increase is significant. A recent FAA Draft Policy discusses screening and impact thresholds for increases in aircraft noise. These thresholds are used to assess the significance of noise increases due to the project as follows - an increase in CNEL is significant if it is; • 5 dBA or greater and the future CNEL is less than 60 dBA or • 3 dBA or greater and the future CNEL is 60 dBA or greater and less than 65 dBA or • 1.5 dBA or greater and the future CNEL is 65 dBA or greater. 4. Existing Noise Environment To quantify the existing ambient noise levels at the site a series of noise measurements were made at locations around the project site near the adjacent homes. The major source of noise during the ambient measurements was distant traffic on I-680 and San Ramon Valley Boulevard as well as local traffic on Dublin Green Drive and Silvergate Drive. Table 3 shows the results of the short-term noise measurements. A 24-hour noise measurement was conducted at Location A. The measured CNEL was 55 dBA. The CNEL values in Table 3 are based on a correlation with the long-term noise measurement data. Table 3: Ambient Noise Measurement Results A-Weighted Noise Level, dBA L ti D t /Ti oca on a e me Leg Leo L50 L90 CNEL Notes (Lmax) 1 26 April 2011 51 53 46 44 53 Cars on Silvergate, 58 11:36 - 11:51 AM Truck on Dublin Green 61 26 April 2011 Cars on Dublin Green 60-64 2 11:53 AM - 12:08 53 55 50 48 58 Truck on Silvergate 65 PM 3 26 April 2011 60 61 50 43 60 Aircraft 71 12:12 - 12:30 PM Truck on Silvergate 83 ROSEN GOLDBERG DER Sc I_EWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 -Tel 415 464 0150 3 Fax 415 464 01 55 RGDLacoustics.com Montessori Plus, Dublin, CA Page 4 Environmental Noise Impact Report Revised 3 November 2011 Figure 1: Site Plan and Ambient Noise Measurement Locations r ~~~~,a ~°'~`.' fir. i ~ ,:f~ ~.. '` ,~ •~ - ~ `? ~- ~ . ~~ ., ~, ~, ~' ~~: ~ ~~~ i -- Y '''~ !~_ ~`~ ~. ,~~ ,~~ °Ffill'~FNIC:FS t~ ~ - t~ 4_ `t `~ ~ ~ ~ ~~. ~~ .* . u ~ may, ,~~~ "~ . •~ ~ .. ~ ,,, ~ ~ .~ ~ PL-4Y ~- ~.. AREA BUILDING ~ .. SLAY STRUCTURE ~;~~- Si~V~f2GATE DRIVE -+. ~. - ; 4!"~ ~ 9d mss: y- -._ .- .~M'+~ RESIDENCES ~~'.~`--~ r 5. Analysis 5.1. Play Yard Noise at a Similar Facility To quantify the noise levels that would be generated by the use of the outdoor play yards, noise measurements were conducted at a similar facility, KinderCare Learning Center at 11925 Amador Valley Court on the morning of Friday, 17 April 2009. The noise measurements were conducted in the parking lot approximately 27 feet from the metal picket fence. There were ROSEN GOLDBERG DER Sc t_EWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 ^ Tel 415 464 0150 =Fax 415 464 01 55 ~~ RGDLacoustics.com Montessori Plus, Dublin, CA Environmental Noise Impact Report Page 5 Revised 3 November 2011 three play yards in view of the measurement location and the children tended to congregate around the play structures. The pre-school yard had the most children (up to about 20) and the play structure was 90 feet from the noise measurement location. The toddler and infant yards had about nine children each and were to 115 and 210 feet away, respectively. The noise levels were dominated by the children's voices. Noise data was recorded for a total duration of 70 minutes and the average noise level (Leq) was 59 dBA and the median noise level (L50) was 55 dBA. Typical maximum noise levels from children yelling near the closest play structure were 65 to 70 dBA. The loudest yells generated an Lmax of 78 dBA and were from kids along the fence about 45 feet from the noise measurement location, yelling playfully at a truck driver in the parking lot. The children were soon instructed by the childcare staff to discontinue this activity. 5.2. Predicted Play Yard Noise Levels from the Project The proposed play yard at the Montessori Plus facility is shown in Figure 1. According to the project applicant the children would use the outdoor play area twice a day, for one hour in the morning and a half hour in the afternoon. During these times there would be up to 30 children in the outdoor play area. The remainder of the time the children would be indoors. Noise levels from the children playing were calculated based on the noise measurements at the KinderCare facility. Adjustments were made for the number of children and the distance between the play areas and the property lines. The results are shown in Table 4. The existing seven-foot-tall wooden property line fence between the project site and the home to the north will not significantly affect the play yard noise levels because the backyard elevation is about 3 feet higher than the bottom of the fence. The people standing in the backyard tend to look over the fence. Also, the upper part of the fence is lattice work which is not solid enough to act as a noise barrier. Therefore the predicted noise levels in Table 4 do not include any effect from the fence. Table 4: Project Generated Noise Levels Location (dBA) (dgA) CNEL (dBA) North Property Line 61 79 49 West Property Line 46 60 34 Residence across Dublin 58 73 46 Green Drive Residences across Silvergate 56 70 44 Drive ROSEN GOLDBERG DER Sc t_EWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 -Tel 415 464 0150 3 Fax 415 464 01 55 RGDLacoustics.com Montessori Plus, Dublin, CA Page 6 Environmental Noise Impact Report Revised 3 November 2011 5.3. Comparison with Acoustical Criteria 5.3.1. City of Dublin General Plan The CNEL at the nearest residential property line from play yard noise will be 49 dBA which is well below the City's "normally acceptable" compatibility standard of CNEL 60 dBA. In fact, the use of the outdoor activity area could be increased beyond that expected, and still not exceed the standard. For example, if the number of children doubled (from 30 to 60) and the duration of use doubled (from 1.5 hours to 3 hours) then the CNEL would increase from 49 dBA to 55 dBA. Also, it should be noted that the calculated CNEL does not depend on the time of day that the play area is used as long as it is not before 7 AM or after 7 PM. 5.3.2. Increase in Noise The ambient CNEL is 53 to 60 dBA at the nearest residences. The addition of the play yard noise will increase the ambient CNEL by less than 1 dBA. This increase is less than the threshold of 3 dBA increase that would be considered significant. 6. Conclusions The noise from children using the proposed project's play yards is expected to be within "normally acceptable" levels of the City's General Plan Noise Element guidelines for single-family residential development. With the ambient traffic noise at the site, the play yard noise is not expected to significantly increase the long- term average noise levels at the nearby residences. 7. Supplemental Analysis of Existing Noise from St. Raymond School Subsequent to the original preparation of this report on 15 July 2011, the community has expressed concerns that noise from the existing St. Raymond School be taken into account in the analysis. The St. Raymond School is about 900 feet north of the project site. Based on information from the school, the children play outside during a recess period (10:10 - 10:30 AM) and lunch period (12:00 - 12:40 PM). Since the original measurements were taken while St. Raymond was on spring break they did not include noise from the school children playing. Supplemental ambient noise measurements were conducted on 26 October 2011 between 10:15 AM and 12:40 PM which included the periods when children were outside. The data at the noise monitor Location A are shown in Table 4 for the original measurement in April and for the supplemental measurement in October. The sound of children was not audible in the residential area near the project site. The Leg was slightly greater in April due to a few noisy vehicle passbys. ROSEN GOLDBERG DER Sc I_EWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 -Tel 415 464 0150 3 Fax 415 464 01 55 RGDLacoustics.com Montessori Plus, Dublin, CA Environmental Noise Impact Report Page 7 Revised 3 November 2011 Table 4: Original and Supplemental Ambient Noise Measurement Results at Long-Term Monitor Location A-Weighted Noise Level, dBA L ti D t /Ti oca on a e me Leq L1o L5o L90 CNEL Notes 27 April 2011 10:15 - 12:40 51 51 47 44 St. Raymond School on break A 55 26 October 2011 10:15 - 12:40 49 51 47 44 St. Raymond School in session Since the results of the supplemental ambient noise measurements are comparable to the original ambient noise measurements and the sound of children playing was not audible near the project site, we conclude that the contribution of noise from St. Raymond School does not significantly affect the noise environment of the homes closest to the project site. Therefore, consideration of existing noise from St. Raymond School does not change the conclusions of this noise analysis. ROSEN GOLDBERG DER Sc I_EWITZ, Iruc. 1100 Larkspur Landing Circle #375 Larkspur CA 94939 -Tel 415 464 0150 3 Fax 415 464 01 55 RGDLacoustics.com Public Works Department MEMORANDUM DATE: August 25, 2011 TO: Kristi Bascom, Principal Planner FROM: JaiiYlee Bourgeois, Transpartation & Operations Manager SUBJECT: Traffic Impact Review for CUP Application for Montessori Plus, PLPA-20ll- 00013/00014 (FCN 030-885) Montessori Plus has submitted an application for a Conditional Use Permit to occupy the building at 11900 Silvergate Drive as a daycare facility. The building was previously office use. The proposal includes the use of 5,113 square feet to accommodate up to 60 children during the hours of 7:30 a.m. and 6:30 p.m. This memorandum will examine trip generation of the proposed use compared to office use, will review collision history in the vicinity of the project on Silvergate Drive, and will provide an assessment of the sight distance at the project driveway on Dublin Green Drive. Trip Generation Comparison The 7,082-square foot building was previously used as office space. As shown in Table 1, this corresponds to an estimated trip generation (including inbound and outbound trips) of 78 daily trips, ll a.m. peals hour trips and ll p.m. peak hour trips. The proposed daycare use would occupy 5,113 square feet and accommodate up to 60 children. The proposed daycare use would generate 269 daily trips, 48 a.m. peak hour trips and 49 p.m. peak hour trips. This results in a net increase of 191 daily trips, 37 a.m. peak hour trips and 39 p.m. peak hour trips. TABLE 1 Trip Generation Comparison Land Use (ITE Codei) Size Daily AM Peak Hour PM Peak Hour Existing -Office (710) 7,082 SF 78 11 ll Proposed -Daycare (565) 60 children 269 ~8 49 Net Difference + 19l + 37 + 39 Note: 1. Trip generation rates taken from the Institute of Transportation Engineers' Trip Gener•c~tion manual (8`'' Edition) base upon the specified land use code. All rates used are average rates. The additional traffic generated by the proposed project will likely be noticeable by neighbors. Plus, some parents may decide to park on-street, so there will be snore noticeable activity in the area. The additional traffic, however, is not expected to exceed the capacity of the roadway or create any safety hazards. Traffic Collision Review The last City-wide Traffic Safety Study was conducted for the period of 2006 through 2008. No portion of Silvergate Drive was identified as a problem roadway. Because that study is a few years old, staff conducted an updated review of the collision history on Silvergate Drive in the vicinity of the project over the last five years. The results are summarized in Table 2. Looking at Silvergate Drive west of San Ramon Road to west of Dublin Green Drive, there have been six collisions over a five year period, including one in 2007, two in 2008, two in 2010 and one in 2011. While traffic collisions are expected to happen, the quantity and type do not indicate that there is a safety problem at this location. TABLE 1 Collision History -Silvergate Drive Near Project Site Year No. of Location Type of Collisions Collisions 2006 0 - - 2007 1 East of Arbor Creels Circle Driving eastbound, hit parked car, hit and run 2008 2 East of Arbor Creels Circle Driving eastbound, nighttime, hit parked car, unsafe speed West of San Ramon Road Vehicle turning left from San Ramon Road onto Silvergate Drive, hit fixed object to avoid pedestrian, dark 2009 0 - - 2010 2 West of San Ramon Road Vehicle turning right from San Ramon Road onto Silvergate Drive, hit fixed object, DUI West of San Ramon Road Hit fixed object, unsafe speed, resulting immediately after collision above 2011 1 West of Dublin Green Drive Vehicle/pedestrian, dark, pedestrian did not yield the right-of-way Sight Distance The sight distance for the egress driveway on Dublin Green Drive was examined. As illustrated in Figure 1, sight distance is limited due to the fence and thick vegetation. If an exiting motorist stops behind the sidewalk, he/she cannot see vehicles in the roadway approaching from the north and has very limited sight of pedestrians on the sidewall< to the north. Upon pulling forward, visibility improves, as illustrated in Figure 1 (far right photo). To insure safe interaction between pedestrians and exiting vehicles, it is recarnmended that a stop line, STOP legend, STOP sign and "PED XING" yellow warning sign (on same post) be required of the applicant for installation at the driveway. This will help remind motorists to stop behind the sidewalk. Upon stopping, sufficient line of sight is available to determine whether there is an approaching pedestrian. Motorists can then proceed forward slowly to improve line of sight of the roadway. Please let me know if you have any questions. Cc: Marls Lander, City Engineer G:~EVELOPMENT, PRNnTEW/ou[cs~sori Plus, 11900 Sih~crgc~te Dr~ircATi~c~%%ic_Pcu~kirig\nrcmo_Mo~uessoi~i Pltirs_082JILdoc Figure 1-Photos looking north from project site driveway onto Dublin Green Drive Kristi Bascom From: Roohi Agarwal <roohi.agarwal@gmail.com> Sent: Thursday, October 27, 2011 9:05 PM To: Kristi Bascom Subject: Traffic Issue at Montessori Plus in Dublin CA Hi - I am a parent of ex-student of MointerssoriPlus in Dublin CA. My son went there for 2 years. It was a great experience and we never had any issue with traffic and pick-up and drop-off was handled in a safe and orderly manner. The school administration is very nice and supportive. Thanks Roohi Agarwal Sr. Business Analyst Lead Consultant 925-640-1403 Kristi Bascom From: zenia kohli <zeniakohli@yahoo.com> Sent: Wednesday, November 02, 2011 10:40 PM To: Kristi Bascom Subject: Montessori Plus Hi my name is Zenia Kohli and both my daughter and son have gone to Montessori Plus. Traffic was never an issue during my kids time here, and pick-up and drop-off was always handled in a safe and orderly manner. From: Hasswong@aol.com [mailto:Hasswong@aol.com] Sent: Monday, November 07, 2011 7:35 PM To: Tim Sbranti; Kevin Hart; Don Biddle; Kasie Hildenbrand; Eric Swalwell Cc: Jeff Baker; Kristi Bascom Subject: Hearing on Conditional Use Permit - Monatessori Plus (11900 Silvergate Dr.) Dear Mayor, Vice Mayor, and Councilmembers, This e-mail is to introduce ourselves to you and our proposal for the relocation of Montessori Plus preschool to 11900 Silvergate Drive, Dublin. We have met twice with the Dublin Planning Commission and participated in hearings on July 26, 2011 and September 27, 2011. The Planning Commission voted unanimously both times in favor of issuance of a Conditional Use Pernut needed at the proposed location . An appeal was filed by some local residents and a hearing with the City Council is scheduled for November 15, 2011. We are two Montessori-trained teachers with combined experience of over 50 years. We opened our Montessori preschooUday care center in Dublin 13 years ago (in the current Lamps Plus shopping center) and have been responsible tenants smoothly operating a successful business with no history of issues with our landlord or neighbors. We have a proven track record of serving the Tri-Valley community with ahigh-quality, preschool and Kindergarten education and childcare facility. We would like to continue to serve the needs of the community and operate our business in Dublin. We now have the opportunity to purchase an office building at 11900 Silvergate Drive which has suitable outdoor space for afenced-in play area and is only one block from our current location. We will need a Conditional Use Pernut for the proposed facility. We are working with the city for approval of the Conditional Use Pernut. Our proposal includes: • Installation of ADA improvements (handicap access ramp, curb cuts, and interior wheel chair lift). • Installation of wrought iron fencing with landscaping and a privacy screen for a fully enclosed play area. • Creation of a play area that will be away from neighboring residents (facing towards Dublin Green and Silvergate Drive); replacing an area that is currently overgrown ivy. • Planting of new trees and shrubs. • Installation of a trash enclosure. • Repair of the currently deteriorating parking lot. • Assuring traffic safety by placing directional signs to control traffic exiting the parking lot. We propose to operate Monday through Friday, 7:30 am - 6:30 pm that will facilitate staggered drop-off and pick-up times to manage traffic and ensure safety. We use this model in our current location and have found it to be successful, organized, and safe. The issues of the resident's appeal focus on the areas of • Appropriateness of zoning for a preschool in the location • Potential noise issues • Traffic and parking concerns • Appearance of property with removal of trees/overgrown ivy and installation of fencing for the playground • Adequacy of the playground area to meet requirements • Potential impact of smoking restrictions on local residents We and the Dublin Planning Department staff have carefiilly reviewed the concerns. We believe that these concerns have been addressed through specific actions and evaluations and conclude that the re-location of our preschool does not significantly impact the local residents. Our proposed re-location continues to support the growing need for high quality child care services in the area. Approximately 45% of the children now attending our preschool reside in the Dublin area, with more students having parents that work in the Dublin/Pleasanton area. We will present our proposal in more detail in the meeting on November 15, 2011. We look forward to feedback from the City Council and hope to alleviate any concerns neighboring community members may have. We are requesting City Council support for the approval of a Conditional Use Pernut which will allow our business to continue to be successfiil in Dublin and serve the needs of the community. Rupa Narain and Ada Wong Co-Owners and Administrators Montessori PLUS RESOLUTION N0.234 - OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN !t !t !t R R k !t !t R !k !Y !t 1t 7t R !k !t ESTABLISHING A POLICY REGARDING EX PARTS CONTACTS IN QUASI-JUDICIAL PROCEEDINGS WHEREAS, the City Council, the Planning Commission, the Zoning Administrator, the City Manager or designee, and other City officers conduct a number of quasi judicial hearings in the course of performing their duties; WHEREAS, the due process clauses of the United States and California Constitutions impose certain requirements on local agencies that conduct such hearings, including a requirement that decision makers consider only that evidence that is presented at the hearing; WHEREAS, members of the City Council, the Planning Commission, the Zoning Administrator, and the City Manager or designee could potentially receive information pertinent to quasi judicial hearings outside of the formal hearing, which information is known generally as "ex pane contacts"; and WHEREAS, the City Council has determined that it would be prudent to have a policy concerning ex pane contacts in quasi-judicial proceedings that applies to the City Council, the Planning Commission, the Zoning Administrator, the City Manager or designee, and other City Officials that make decisions in quasi- judicial proceedings; NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as fellows: 1. Purpose. The purpose of this policy is to enswe that decisions of the City of Dublin in quasi judicial administrative proceedings are conducted in an impartial manner and comply with the requirements of Due Process under the Constitutions of the United States and the State of California. 2. Policy. City Officials shall not intentionally make or receive Contacts related to quasi judicial proceedings. 3. Disclosure. In the event that Contacts are nonetheless received, City Officials shall disclose such Contacts on the record of the quasi judicial proceeding, thereby affording interested persons the opportunity to hear and respond to the Contact. In preparing agendas for quasi judicial hearings, City staff shall include an item for disclosure of ex pane Contacts prior to the opening of the public hearing. 4. Application. The Ex pane Contacts Policy shall apply only to quasi judicial proceedings and shall not apply to quasi-legislative or mixed quasi judiciaUquasi-legislative proceedings. 5. Effect of Tiolation. A violation of the Ex pane Contacts Policy shall not constitute independent grounds to invalidate any decision by City Officials. 6. Definitions. The following definitions shall apply to this policy: "Contacts" means the receipt of any information outside a quasi judicial proceeding that is relevant in a quasi judicial proceeding before City Officials. Contacts may include, but are not limited to, Reso # 234-05, Adopted 12/20/05 Pale 1 of 2 conversations, written communications, electronic mails, telephone calls, and visits to sites that are the subject of a quasi judicial proceeding. "City Officials" means the City Council, the Planning Commission, the Zoning Administrator, the City Manager or designee, and any other city employee or officer that acts as a decision maker in a quasi- judicial proceeding. "Disclosure" means, at a minimum, the persons involved in the ex pane contact, the content of the ex pane contact (e.g., what information was provided, what was discussed, what was said), when the ex pane contact occurred and where the ex parse contact occurred. "Quasi judicial proceeding" means a City proceeding in which a City Official applies existing legal standards to a particular set of facts that affects an individual or individuals. "Quasi-legislative proceeding" means a City proceeding in which City Officials create a rule of general applicability for future guidance. Quasi-legislative proceedings in the City of Dublin include, but are not limited to, actions on general plan amendments, specific plan amendments, and zoning decisions. "Mixed quasi judicial/quasi-legislative proceeding" means a City proceeding involving both adjudicative and legislative elements. Mixed quasi judiciaUquasi-legislative proceedings in the City of Dublin include, but are not limited to, site development permit approval that is contingent upon a zoning ordinance amendment. 7. Effective Date. This Resolution shall take effect immediately. 8. Severahility Clause. The provisions of this Resolution are severable and if any provision, clause, sentence, ward or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. PASSED, APPROVED, AND ADOPTED this 20~' day of December 2005, by the following vote: AYES: Councilmernbers Hildenbrand, McCormick and Zika, and Mayor Pro Tem Oravetz NOES: None ABSENT: Mayor Lockhart ABSTAIN: None ATT ST: i y Clerk ~~ CAL ._.... MaPffr Pro Tem Reso # 234-OS, Adopted 12/20JQ5 Pale 2 of 2