HomeMy WebLinkAboutPC Reso 13-16 CAST CUP RESOLUTION NO. 13-16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DAY CARE
CENTER AT 6533 SIERRA LANE (APN 941-0205-020-00)
PLPA-2013-00016
WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the
operation of a Day Care Center for up to 50 children and 25 employees; and
WHEREAS, the Project is located in the Light Industrial (M-1) Zoning District; and
WHEREAS, a Day Care Center is permitted in the Light Industrial (M-1) Zoning District
subject to approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, the Planning Commission finds this project
Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing
Facilities; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit request; and
WHEREAS, the Planning Commission held a public hearing on said application on May
28, 2013 at which time all interested parties had the opportunity to be heard; 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 are compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Project is located on a
parcel that is developed as a light industrial business center; 2) the Project site is
accessible from existing driveways on Sierra Lane; and 3) the Project site is surrounded
by existing light industrial and commercial uses.
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) the Project will
conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2)
Conditions of Approval have been applied to the Project to ensure on-going compatibility
with the Project's surroundings.
C. It will not be injurious to property or improvements in the neighborhood in that: 1) all
activities will occur indoors; 2) conditions of approval have been placed on the Project to
ensure that the establishment and operation of the Project will be in accordance with all
local codes and regulations; and 3) the Project is located within a portion of an existing
light industrial business center.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental
to the public health, safety, and welfare in that: 1) vehicular access to the site is available
from existing driveways on Sierra Lane; 2) the Project frontage is fully improved with a
sidewalk that provides pedestrian access to the Project; and 3) the Project will be served
by existing public utilities and services.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the Project is located on a parcel that is
developed as a light industrial business center and is accessible to vehicles and
pedestrians from existing driveways on Sierra Lane; 2) a condition of approval has been
placed on the Project limiting the hours of operation to between 1:00 p.m. and 6:00 p.m.
Monday through Friday; and 10:00 a.m. to 9:00 p.m. on Saturday; 3) a condition of
approval has been placed on the Project requiring staggered drop-off and pick-up of
children over a one hour period; and 5) all required parking will be provided on the
Project site.
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 is located within the M-1 Light Industrial Zoning District which conditionally
permits the establishment of Day Care Centers; 2) the Project is located on a parcel that
is developed as a light industrial business center; and 3) all required parking will be
provided on the Project site.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the Project site has a General Plan designation of Business Park/Industrial; 2) the
Project would be located on a parcel that is developed as a light industrial business
center; and 3) a Day Care Center is consistent with the General Plan designation of
Business Park/Industrial.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a
Conditional Use Permit for the operation of a Day Care Center as shown on the project plans
date stamped received by the Planning Division on March 15, 2013, and in the written
statement date stamped received by the Planning Division on April 18, 2013 and incorporated
by reference, subject to the following Conditions of Approval:
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
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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.
NO CONDITIONS OF APPROVAL Agency When Source
Required,
Prior to:
GENERAL
1. Approval. This Conditional Use Permit approval PL On-going Standard
is for Creative Autism Solutions Team (CAST) for
the operation of a Day Care Center at 6533 Sierra
Lane for up to 50 children/students and 25
employees (PLPA-2013-00016). This approval
shall be as generally depicted and indicated on the
Project plans dated received by Dublin Planning
on March 15, 2013, and written statement dated
received by Dublin Planning on April 18, 2013 on
file in the Community Development Department,
except as modified by the following Conditions of
Approval.
2. Effective Date. This Conditional Use Permit PL On-going DMC
approval becomes effective 10 days after action by 8.136
the Planning Commission unless appealed before
that time in accordance with the Zoning
Ordinance.
3. Permit Expiration. Construction or use shall PL 1 year from DMC
commence within one (1) year of this Conditional Permit 8.96.020.
Use Permit approval or the Permit shall lapse and approval D
become null and void.
4. Time Extension. The original approving decision- PL 1 year from DMC
maker may, upon the Applicant's written request Permit 8.96.020.E
for an extension of approval prior to expiration, approval
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 required
by the particular Permit.
5. Modifications. The Community Development PL On-going DMC
Director may consider modifications or changes to 8.100
this Conditional Use Permit approval if the
modifications or changes proposed comply with
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Chapter 8.100 (Conditional Use Permit) of the
Zoning Ordinance.
6. Clarifications and Changes to the Conditions. PL On-going Planning
In the event that there needs to be clarification to
these Conditions of Approval, the Director of
Community Development has the authority to
clarify the intent of these Conditions of Approval to
the Applicant/Developer by a written document
signed by the Director of Community Development
and placed in the project file. The Director also
has 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
impacts of this project.
7. Revocation of Permit. The Conditional Use PL On-going 8.96.020.1
Permit approval shall 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 subject to citation.
8. Indemnification. The Applicant/Developer shall Various On-going Admin/City
defend, indemnify, and hold harmless the City of Attorney
Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the
City of Dublin or its agents, officers, or employees
to attack, set aside, void, or annul an approval of
the City of Dublin or its advisory agency, appeal
board, Planning Commission, City Council,
Community Development Director, Zoning
Administrator, or any other department,
committee, or agency of the City to the extent such
actions are brought within the time period required
•
by Government Code Section 66499.37 or other
applicable law; provided, however, that the
Applicant's/Developer's duty to so defend,
indemnify, and hold harmless shall be subject to
the City's promptly notifying the
Applicant/Developer of any said claim, action, or
proceeding and the City's full cooperation in the
defense of such actions or proceedings.
9. 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, TVTC Permits
fees, 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, Inclusiona
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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 applicable.
10. Requirements and Standard Conditions. The Various Building Standard
Applicant/Developer shall comply with applicable Permit
City of Dublin Fire Prevention Bureau, Dublin Issuance
Public Works Department, Dublin Building
Department, Dublin Police Services, Alameda
County Flood Control District Zone 7, Livermore
Amador Valley Transit Authority, Alameda County
Public and Environmental Health, Dublin San
Ramon Services District and the California
Department of Health Services requirements and
standard conditions. Prior to issuance of building
permits or the installation of any improvements
related to this project, the Developer shall supply
written statements from each such agency or
department to the Planning Department, indicating
that all applicable conditions required have been
or will be met.
PLANNING
11. Use. All business/activities shall be conducted PL On-going DMC
entirely within the building. 8.28.020
12. Approval Period. This Conditional Use Permit PL 1 year of Planning
approval shall be null and void in the event the Permit
approved use fails to be established within one approval and
year, or ceases to operate for a continuous one- On-going
year period.
13. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject to
a review by the Community Development Director
to determine compliance with the Conditions of
Approval.
14. Hours of Operation. The approved hours of PL On-going Planning
operation shall be:
Monday through Friday
1:00 p.m. to 6:00 p.m.
Saturday
10:00 a.m. to 9:00 p.m.
The Applicant shall allow staggered drop-off and
pick-up of children/students over a 1 hour time
period, and shall be responsible for ensuring that
the drop-off and pick-up of children is conducted in
a safe, orderly manner that does not negatively
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impact surrounding businesses.
15. Parking. A total of 35 parking spaces (10 spaces PL On-going Planning
for drop-off/pick-up and 25 spaces for employees)
shall remain available for use by CAST during the
approved hours of operation. No company
vehicles are permitted as part of this approval.
16. Business License. The Applicant shall apply for Various Occupancy Various
a City of Dublin Business License prior to
commencing operation of the Day Care Center.
17. Permanent Signs. All signage shall conform to PL On-going DMC
Chapter 8.84 of the Dublin Zoning Ordinance at all 8.84
times. Window signs shall be limited to 25% of the
window area. All temporary promotional signs and
banners require a Zoning Clearance from the
Planning Division prior to installation.
18. Outdoor Events. Any outside events shall be PL On-going DMC
subject to the Temporary Use Permit requirements 8.108
contained in the City of Dublin Municipal Code,
specifically Section 8.108.020.
19. Property Maintenance. The Applicant/Developer PL During DMC
and property owner shall be responsible for Construction 5.64
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-
Property Maintenance Ordinance, DMC Section going
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.
20. Graffiti. The Applicant, and/or Property Owner PL On-going DMC 5.68
shall keep the site clear of graffiti vandalism on a
regular and continuous basis, at all times. Where
feasible, graffiti resistant materials should be used.
21. Noise. The Applicant shall control all activities so PL On-going DMC
as not to create unusual or unnecessary noise 5.28.020
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.
22. Non-Residential Security Requirements. The PL On-going DMC
property owner and/or their designee shall comply 7.32.300
with the City of Dublin Non-Residential Security
Requirements.
BUILDING
23. 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.
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24. Building Permits. To apply for building permits, B Issuance of Building
Applicant/Developer shall submit five (5) sets of Building
construction plans, two (2) engineered calculation Permits
reports, and two (2) energy reports directly to the
Building Division for plan check. Each set of plans
shall have attached an annotated copy of these
Conditions of Approval. The notations shall clearly
indicate how all Conditions of Approval will or have
been complied with. Construction plans will not be
accepted without the annotated resolutions
attached to each set of plans. Applicant/Developer
will be responsible for obtaining the approvals of all
participation non-City agencies prior to the
issuance of building permits. Exterior signage
requires separate permits.
25. Construction Drawings. Construction plans shall B Issuance of Building
be fully dimensioned, accurately drawn (depicting Building
all existing and proposed conditions on site), and Permits
prepared and signed by a California licensed
Architect or Engineer. All structural calculations (if
required) shall be prepared and signed by a
California licensed Architect or Engineer.
26. 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 height minimum.
FIRE
27. Fire and Building Codes. Applicant must meet F Issuance of Fire
all Building and Fire Code requirements at the Building
time of building permit submittal. Permits
DUBLIN SAN RAMON SERVICES DISTRICT
28. Plan Submittal. Prior to issuance of any building DSR Issuance of DSRSD
permit, complete improvement plans shall be Building
submitted to DSRSD that conform to the Permits
requirements of the Dublin San Ramon Services
District Code, the DSRSD "Standard Procedures,
Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities", all
applicable DSRSD Master Plans and all DSRSD
policies.
29. Fees. Prior to issuance by the City of any Building DSR Issuance of DSRSD
Permit or Construction Permit by the Dublin San Building
Ramon Services District, whichever comes first, all Permits
utility connection fees including DSRSD and Zone
7, plan checking fees, inspection fees, connection
fees, and fees associated with a wastewater
discharge permit shall be paid to DSRSD in
accordance with the rates and schedules
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established in the DSRSD Code.
30. Sewer and Waterlines. No sewer or waterline DSR Issuance of DSRSD
construction shall be permitted unless the proper Building
utility construction permit has been issued by Permits
DSRSD. A construction permit will only be issued
after all of the items in Condition No. 29 have been
satisfied.
31. Hold Harmless/Indemnify. The applicant shall DSR On-going DSRSD
hold DSRSD, its Board of Directors, commissions,
employees, and agents of DSRSD harmless and
indemnify and defend the same from any litigation,
claims, or fines resulting from the construction and
completion of the project.
32. Recycled Water. Improvement plans shall DSR Issuance of DSRSD
include recycled water improvements as required Building
by DSRSD. Services for landscape irrigation shall Permits
connect to recycled water mains. Applicant must
obtain a copy of the DSRSD Recycled Water Use
Guidelines and conform to the requirements
within.
PASSED, APPROVED AND ADOPTED this 28th day of May 2013 by the following vote:
AYES: O'Keefe, Bhuthimethee, Do, Goel, Kohli
NOES:
ABSENT:
ABSTAIN:
ing Commission Chair
ATTEST:
Assistant Com ity Development Director
G:1PA#12013IPLPA-2013-00016 CAST Day Care CUPIPC 5.28.131PC Reso 05.28.13 CAST.docx
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