HomeMy WebLinkAboutPC Reso04-02 PA02-037 Easter Seals Day Care Ctr CUP RESOLUTION NO. 04 -02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR PA 02-037 EASTER SEALS TRI-VALLY CAMPUS
(KALEIDOSCOPE CENTER), AN EXISTING DAY CARE CENTER, TO INCREASE THE
NUMBER OF CHILDREN AT THE DAY CARE CENTER, REDUCE THE PARKING
REQUIREMENT FOR THE DAY CARE CENTER USE, AND ALLOW FOR A PORTION OF THE
REQUIRED PARKING TO BE PROVIDED OFF-SITE; THE KALEIDOSCOPE CENTER IS
LOCATED AT 7425 LARKDALE AVENUE, DUBLIN (APN 941-0181-030-01)
WHEREAS, the Applicant, Michael Pelfini, President and CEO of Easter Seals Bay Area, has requested
approval of a Conditional Use Permit for, an increase in the number of children at an existing day care center; a
parking reduction for the day care center use; and, allow for a portion of the required parking to be provided off-
site, at the Easter Seals Tri-Valley Campus, also known as the Kaleidoscope Center, located at 7425 Larkdale
Avenue, Dublin, in an R-1 Single Family Residential Zoning District; and
WHEREAS, the Applicant has submitted a complete application for said Conditional Use Permit to
increase the number of children at the Kaleidoscope Center from 60 children to 72 children, which is available and
on file in the Planning Department; and
WHERAS, the Dublin Zoning Ordinance has established minimum parking standards for day care centers
which requires that one parking space be provided for each employee, one parking space for each company vehicle,
and one loading/unloading space for every 5 children at the day care center; and
WHEREAS, the Applicant is proposing to have 12 employees, 2 company vans, and 72 children at the day
care center resulting in a parking requirement of 14 parking spaces and 14 loading/unloading spaces for a total of
28 parking spaces; and
WHEREAS, the Applicant is requesting a reduction in required parking from 14 loading/unloading spaces
to 8 loading/unloading spaces; and
WHEREAS, the Applicant has submitted a parking study dated September 26, 2003, as amended on
October 6, 2003, prepared by a qualified consultant, TJKM Transportation Consultants, analyzing the parking
demands of the proposed day care center use; and
WHEREAS, the parking study revealed that a total of 22 parking spaces would be adequate to serve the
day care center use (14 parking spaces for employees and company vehicles, and 8 loading/unloading spaces to
serve a maximum of 72 children); and
WHEREAS, the Applicant is also requesting approval to allow a portion of the 22 parking spaces, 10
parking spaces and 3 loading/unloading spaces, to be located off-site, on an adjacent parcel owned by the Dublin
Unified School District and identified by Assessor Parcel Number 941-0181-030-02; and
WHEREAS, a Variance was approved by the Planning Commission in 1993 granting the Kaleidoscope
Center 6 off-site parking spaces located on an adjacent parcel owned by the Dublin Unified School District and
identified by Assessor Parcel Number 941-0181-030-02 and this approval remains in effect therefore, the current
request for off-site parking includes an additional 4 off-site parking spaces (totaling 10 off-site parking spaces) and
3 off-site loading/unloading spaces; and
WHEREAS, the Applicant has submitted project plans for the requested entitlements dated received
December 3, 2003; and
WHEREAS, 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 that
environmental documents be prepared; and
WHEREAS, the application has been reviewed in accordance with the provisions of the CEQA and a
Negative Declaration has been adopted (Planning Commission Resolution No. 04-01) for this project as it will
have no significant effect on the environment; and
WHEREAS, a public hearing was scheduled before the Planning Commission on January 27, 2004; and
WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and
outlining the issues surrounding the request; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on January
27, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did use its independent judgment and considered all said reports,
recommendations, and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said Conditional Use Permit:
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, are compatible with surrounding residential land uses, transportation and service
facilities in the vicinity, as the day care center will offer services which typically benefit residential uses.
Bo
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare, as all potential environmental impacts
associated with the project are less than significant.
Co
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, will not be injurious to property or improvements in the neighborhood as the
project is conditioned to comply with all Building Division, Fire Department, Public Works Department,
and Dublin San Ramon Services District requirements.
There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures, as conditioned, would not be detrimental to the public
health, safety, and welfare.
The subject site is physically suitable for the type, density and intensity of the use and related structures
proposed as the project is located on a developed site that is relatively flat and located within an urbanized
area adjacent to existing residential uses.
Fo
The proposed day care center use and related structures, the reduction in required parking, and the off-site
parking, as conditioned, will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the R-l, Single-Family Residential Zoning District in which it is
located as the Conditions of Approval are required to ensure that the project will be supportive of
surrounding residential uses through the provision of day care and education services to the community
and will be compatible with adjacent residential uses.
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The approval of this Conditional Use Permit, as conditioned, complies with the Dublin General Plan and
R-1 Single Family Residential zoning regulations and performance standards established in the Dublin
Zoning Ordinance.
H. The proposed reduction in parking for the day care center use meets the Conditional Use Permit findings as
discussed above.
The Applicant submitted a parking study prepared by a qualified consultant analyzing the parking demands
of the proposed day care center use and demonstrated that the required parking standards are excessive and
proposed alternate parking standards which are appropriate and ensures that there will not be a parking
deficiency.
J. The proposed reduction in parking from 14 loading/unloading spaces to 8 loading/unloading spaces for the
day care center use will not result in an overflow of parking that will impact adjacent uses.
K. The proposed off-site parking spaces to serve the day care center use meets the Conditional Use Permit
findings as discussed above.
L. The location of the most distant off-site parking space is not more than 400 feet from the day care center.
The proposed off-site parking is conditioned to be solidified between the Kaleidoscope Center and the
Dublin Unified School District prior to occupancy of the buildings to ensure that the required parking
spaces are provided for the life of the day care center use.
N. The proposed off-site parking is located within the same zoning district as the day care center, an R-1
Single Family Residential zoning district.
O. The proposed off-site parking will not be located within a road easement or private street.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA
02-037, Easter Seals Th-Valley Campus (Kaleidoscope Center) Conditional Use Permit to, increase the number of
children at an existing day care center; reduce the parking requirement for the day care center use; and, allow for
required parking to be provided off-site, for the Kaleidoscope Center, located at 7425 Larkdale Avenue, Dublin, as
generally depicted on the plans prepared by K2A Architecture and Interiors, labeled Attachment 1 to the January
27, 2004 Staff Report, consisting of fifteen (15) sheets, dated received December 3, 2003, stamped approved, and
on file with the Community Development Department, and the Applicant's written statement, labeled Attachment 2
to the January 27, 2004 Staff Report, consisting of three (3) sheets, dated received December 4, 2003, stamped
approved and on file with the Community Development Department, 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, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN]
Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Departxnent of Environmental Health, [Z7] Zone 7.
1. Approval. This Conditional Use Permit approval for Easter Seals PL On-going
Tri Valley Campus (Kaleidoscope Center), PA 02-037 establishes
the day care center use with a maximum of 72 children and
permits an additional seven (7) off-site parking spaces (4 parking
spaces and 3 loading/unloading spaces). The required parking
shall be 22 parking spaces total (14 parking stalls and 8
loading/unloading spaces) in accordance with the parking formula
derived by the TJKM parking study dated September 26, 2003, as
amended on October 6, 2003. Development pursuant to this
Conditional Use Permit, including location of required parking
spaces, shall generally conform to the project plans submitted by
K2A Architecture and Interiors dated received December 3, 2003
on file in the Planning Department, and other plans, text, and
diagrams relating to this Conditional Use Permit, unless modified
by the Conditions of Approval contained herein.
2. Permit Expiration. Construction or use shall commence within PL Prior to
one (1) year of Permit approval or the Permit shall lapse and January 27,
become null and void. Commencement of construction or use 2005
means the actual construction or use pursuant to the Permit
approval or, demonstrating substantial progress toward
commencing such construction or use. If there is a dispute as to
whether the Permit has expired, the City may hold a noticed
public hearing to determine the matter. Such a determination may
be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new application
must be made and processed according to the requirements of this
Ordinance.
3. Time Extension. The original approving decision-maker may, PL Prior to
upon the Applicant's written request for an extension of approval January 27,
prior to expiration, and upon the determination that any 2005
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.
4. Annual review. On at least an annual basis, this Conditional Use PL On-going
Permit shall be subject to Zoning Investigator Review and
determination as to compliance with the conditions of approval.
Any violation of the terms or conditions of this permit may be
subject to enforcement action.
5. Permit Validity. This Conditional Use Permit approval shall be PL On-going
valid for the remaining life of the approved structure so long as
the operators of the subject property comply with the project's
conditions of approval.
6. Revocation of permit. The Conditional Use Permit approval PL On-going
shall be revocable for cause in accordance with Section 8.96.020.1
of the Dublin Zoning Ordinance. Any violation of the terms or
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conditions of this permit shall be subject to citation.
7. Modifications. Modifications or changes to this Conditional Use PL On-going
Permit approval may be considered by the Community
Development Director if the modifications or changes proposed
comply with Section 8.100.080 of the Zoning Ordinance.
8. Conditions of Related Project Approvals. The PL On-going
Applicant/Developer shall comply with all conditions of approval
of the related Site Development Review for PA 02-037 Easter
Seals Th-Valley Campus (Kaleidoscope Center)project.
9. Clean-up. The Applicant/Developer shall be responsible for PL During
clean-up and disposal of project related trash and for maintaining Construction
a clean, litter-free site.
10. Controlling Activities. The Applicant/Developer shall control PL, PO During
all activities on the project site so as not to create a nuisance to Construction
the surrounding residences.
11. Accessory Structures. The use of any accessory structures, such PL, B, F During
as storage sheds or trailer/container units used for storage or for Construction/
any other purpose, shall not be allowed on the site at any time On-going
unless a Temporary Use Permit is applied for and approved.
12. Property Maintenance. The property at 7425 Larkdale Avenue, PL On-going
Dublin shall be maintained in accordance with Section 5.64,
Property Maintenance of the Dublin Municipal Code.
13. Graffiti. The Applicant/Property Owner shall keep the site clear PL, PO On-going
of graffiti vandalism on a regular and continuous basis at all
times.
14. Non-Residential Security Ordinance. The Applicant shall B,F, PO Issuance of
comply with all applicable City of Dublin Non-Residential Building
Security Ordinance Requirements. Permits/On-
going
T co m
15. Number of students. The day care center is approved to have a PL On-going
maximum of 72 children on-site at any given time.
16. Hours of operation. Hours of operation for the day care center PL On-going
shall be from 7:30 a.m. to 6:00 p.m. Monday through Friday.
Outside activities shall not occur before 8:00 a.m.
17. Noise/Nuisances. The Applicant shall control all project related PL On-going
activities and noise, in the parking lot and playground, so as not to
create a nuisance to the adjacent residential community. No
loudspeakers or amplified music shall be permitted to project or
be placed outside of the building.
18. Vehicular Traffic. The Applicant shall ensure that vehicles used PL On-going
in connection with the transportation of children to and from the
day care center obey all traffic laws, including but not limited to,
posted speed limits and traffic signs, and refrain from causing
undo noise, including but not limited to, the use of vehicle horns
for a purpose other than safety reasons, that may impact the
adjacent residential community.
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PASSED, APPROVED AND ADOPTED this 27th day of January 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning ~
Cm. Fasulkey, Nassar, King, and Machtmes
Cm. Jennings
Plann7' E~~
GSPA#~2002x,02-037 Easter Seals~PC Reso CUP.doc
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