HomeMy WebLinkAboutPC Reso05-43 Seed2Sprout Ctr CUP
RESOLUTION NO. 05 - 43
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 05-020 SEED2SPROUT LEARNING CENTER CONDITIONAL USE PERMIT
REQUEST FOR A PRE-SCHOOL AND AFTER SCHOOL CARE IN AN EXISTING
EDUCATIONAL BUILDING LOCATED AT PARKWAY BAPTIST CHURCH AT 7485
VILLAGE PARKWAY
WHEREAS, Sandy Hsi has submitted an application to request approval of a Conditional Use
Permit for the operation of a pre-school and after schoollearningleducation center, for a maximum of 58
children, as the primary use within an existing educational building in a R-l Single Family Residential
Zoning District, located at 7485 Village Parkway; and
WHEREAS, the Planning Commission conducted a public hearing on July 26, 2005 to consider
said application; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA
Guidelines Section as it is a comparable use in an existing building which requires no alteration. The
landscaping in the rear yard of the facility will be modified to include play areas for students and will have
no significant effect on the environment; and
WHEREAS, the Planning Commission considered all testimony received at the public hearing,
together with the Agenda Statement and all correspondence received at the July 26, 2005 public hearing;
and
WHEREAS, the Planning Commission approves the Applicant's request for the Conditional Use
Permit, P A 05-020, subject to conditions of approval set forth below.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. The proposed operation ofthe pre-school and after schoollearningleducation center is compatible,
as conditioned, with other land uses, transportation and service facilities in the vicinity because
noise and traffic impacts will be minimized through limits on the number of children, the hours of
outdoor play, the use hours and location of the outdoor play area, the hours of operation, and the
hours of pick-up and drop-off.
B. The use, as conditioned, will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and welfare because all local
and State regulations will be met.
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C. The use as conditioned, will not be injurious to property or improvements in the neighborhood
because the proposed learning center will minimize noise impacts and traffic impacts through
limits on the number of children, the use hours and location of the outdoor play area, the hours of
operation, and the hours of pick-up and drop-off.
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.
E. The subject site is physically suitable for the learning/educational center and school use, density
and intensity of the use, and the related activities being proposed as it will be located in an existing
education building at a local religious facility.
F. The Seed2Sprout Learning Center, as conditioned, is not contrary to the specific intent clauses,
development regulations, or performance standards established for the zoning district in which it is
located because it is a residential use and provides a needed quasi-public, community service.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve PA 05-020 Seed2Sprout Learning Center Conditional Use Permit application as generally
depicted by the Applicant's written statement and materials labeled Exhibit A, stamped approved and on
file with the Dublin Planning Division of 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 occupancv of the
educational building and establishment of use (having more than 12 children in the learning center), and
shall be subiect to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance of the conditions of approval. rPLl
Planning. rBl Building. rpOl Police. rpWl Public Works rADMl AdministrationlCitv Attornev. rFINl
Finance. rFl Alameda Countv Fire Department. rDSRSDl Dublin San Ramon Services District. rCOl
Alameda Countv Department of Environmental Health.
This Conditional Use Permit approval for P A 05-020 is to allow the operation of a Christian pre-school
and after school learning/educational facility at 7485 Village Parkway in a PD Single Family Residential
Zoning District. This approval shall generally conform to the Applicant's written statement and plans
stamped approved, labeled Exhibit A, consisting of a Site Plan and Floor Plan stamped received by the
Planning Division on June 16, 2005, and shall be subject to the following conditions.
CONDITION RESPON WHEN
PARTY
GENERAL
1. Compliance with Regulations. This use shall comply with all [PL] On-going
applicable Planning, Building, Alameda County Fire Department,
Police Department, Dublin San Ramon Services District and State
of California Department of Social Services regulations and
ordinances.
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CONDITION RESPON WHEN
PARTY
2 Maximum Number of Children. The maximum number of [PL] On-going
children present at the day care facility at anyone time shall not
exceed 58 children.
3 Hours of Operation. The learning/educational center shall operate [PL] On-going
Monday through Friday between the hours of 7:00 a.m. and 6:00
p.m., and shall be closed on the weekends. The learning/educational
center shall generally have drop-off times fTom 7:00 a.m. to 9:30
a.m. and nick-un times between 3:30 n.m. and 6:00 p.m.
4. Modifications to Building. No modifications to the educational [PL] On-going
building at the Parkway Baptist Church are proposed with this
project. No future modifications to the building may occur unless
an application for an amendment to the Conditional Use Permit is
submitted and approved, if applicable, and/or Building Permits are
applied for and approved.
5. Limitation on Building Use. The pre-school and after-school [PL] On-going
childcare shall be limited to the first floor of the educational
building. The second floor of the building shall be secured and
locked at all times to nrevent children from entering the uooer level.
6. Noise. Noise generated at the site shall be controlled so as not to [PL] On-going
create a nuisance to the adjoining residential neighborhood. Outdoor
activities in the play area and east of the educational building are
restricted from takin!! place before 9:00 a.m. or after 6:00 p.m.
BUILDING
7. Building Codes and Ordinances. Any project construction shall [B] Through Completion
conform to all building codes and ordinances in effect at the time of
building nermit.
8. Building Permits. To apply for building permits, [B) Issuance of Building
Applicant/Developer shall submit eight (8) sets of construction Pennits
plans 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 build in!! permits.
9. Construction Drawings. Construction plans shall be fully [B) Issuance of Building
dimensioned (including building elevations) accurately drawn Pennits
(depicting all existing and 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
olan and details shall be consistent with each other.
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CONDITION RESPON WHEN
PARTY
10 Knox Box. Provide a Knox box at the main entrance to the space. [F) On-going
The Knox box shall contain a key that provides access to the tenant
space. Order forms for the Knox box are available at the fire
prevention office at the address above. The key can be placed in the
box durin!! the Fire Denartment inspection (CFC 902.4).
11 Address Number Location. Approved address numbers shall be [F,B] Prior to Occupancy
placed on the space in such a position as to be plainly visible and
legible fTom the street or road fTonting the property. SaPrior to
Occupancyid numbers shall be placed on a contrasting background
(CFC 901.4.4).
12 Fire Extinguishers. Provide 2AlOBC fire extinguishers, in [F) Prior to Occupancy
locations approved by the Fire Department, in the space. An
approved sign in accordance with the Uniform Fire Code shall be
conspicuously oosted above the extinguisher (CFC 1002).
13 UBC & UFC Compliance. The project shall comply with Uniform [F) On-going
Building and Fire Codes as adopted by the City of Dublin.
14 Fire Alarm System. Provide a fire alarm system in the building as [F) Prior to Occupancy
reQuired by CBC 305.9.1.
15 Exit Signs. Provide exit si¡¡ns as reQuired by CBC 1003.2.8. [F] Prior to Occupancy
SIGNAGE & PLAY AREA
16 Wall Sign. One signlbullentin board, as shown on Exhibit A, shall [PL] Prior to Occupancy
be permitted for the center, and located on the wall of the
educational building. A Building Permit shall be applied for and
approved prior to installation of the signage in accordance with the
regulations of the Dublin Zoning Ordinance, Chapter 8.84, and
those of the Buildin!! and Safetv Division.
17 Directional Signage. No other signage, except for directional [PL] On-going
signage in the parking lot area for the church, in accordance with
Chapter 8.84 ofthe Dublin Zoning Ordinance, shall be permitted
without submittal and approval of an application for Sign/Site
Development Review.
18 Play Area. The play area shall be located in the lawn area adjacent [PL] On-going
to the educational building to be used as the learning center. This
area shall be fenced and gated as stated in Condition #23, improved
as indicated on Exhibit A, and maintained in a manner to ensure the
health and safety of the students. The area shall not be enlarged
unless Site Development Review is reviewed and approved by the
Community Development Director and all other conditions herein
have been met.
PARKING
19 Parking. Parking shall be provided as shown on Exhibit A in the [PW] On-going
existing church parking lot. Facility staff and those vehicles
dropping off students shall park in the parking lot spaces for the use
as shown on Site Plan for the facility. Clients may not park along
Village Parkwav to droo-off students for safetv ournoses.
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CONDITION RESPON WHEN
PARTY
20 Re-striping of Parking Lot. The Applicant shall be responsible [PW] Prior to Occupancy
for the restriping of the parking lot area All parking spaces shall be
double striped using 4" white lines set approximately 2 feet apart
according to Figure 76-3 and §8.76.070 (A) I7 of the Dublin
Municipal Code. All compact-sized parking spaces shall have the
word "COMPACT" stenciled on the pavement within each space.
l2"-wide concrete step-out curbs shall be constructed at each
parking space where one or both sides abuts a landscaped area or
planter.
21 Handicap Parking Spaces. The restriping of the parking lot shall [F,B] Prior to Occupancy
include a second handicap parking space as shown in Exhibit A,
Site Plan. A total of two handicap parking spaces are required for
the use.
22 Vehicle Access. The main driveway entry from Village Parkway to [PW] On-going
the religious facility shall be used as the accessway to the parking lot
for the learning/education center.
23 Outdoor Play Area. Outdoor play activities shall be limited to the [F,Pl] Prior to permitting
2,880 square foot area as shown on the Floor Plan in Exhibit A, outdoor play on site
which shall be fenced and contain locking gates for security
purposes.
24 Pick-up of Children. The operator of the learning/educational [P,PL] On-going
center shall require that children remain either inside the Center or
in the outdoor play area for pick-up by their parent or guardian.
LICENSING & CERTIFICATION
25 Valid License. Prior to the establishment of this use, the operator [P,PL] On-going
shall submit a copy of the valid State Department of Social Services
License Permit for the operation of the learning/educational center,
if applicable.
26 Continued License Compliance. On a continuous basis, the [PL] On-going
Applicant shall provide the City of Dublin Community
Development Department with a current operating license issued by
the State of California Department of Social Services, as applicable.
27 Abuse Prevention Program. The learning/educational center [P,PL] On-going
director shall, at the minimum of a once-a-year basis, make
arrangements to have the Dublin Police Services Child Abuse
Prevention Program, or an acceptable equivalent program approved
by Dublin Police Services, presented to the Staff and children
attending the facility. A certification of the presentation of such a
program shall be presented to the Planning Department on a yearly
basis.
FIRE DEPARTMENT CONDITIONS
28J Exit Sil!nal!e. Illuminated exits and exit signs are reQuired. [F] Prior to Occupancy
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CONDITION RESPON WHEN
PARTY
29 Exit Hardware. Exit doors must be operable fTom the inside [F] On-going
without special knowledge or the use of a key. Slide locks, chains,
etc. are not allowed. For security purposes, a single action
deadboltldoor lock may be used. Note: This applies to the rear yard
gate also.
30 Exits. If each room does not have an exit directly to the exterior, [F] Prior to Occupancy
then the corridor will be required to be one-hour rated. The
minimum corridor width is 36 inches. Exit doors shall be of the
hinged type and shall have proper hardware.
31 Smoke Detectors. Smoke detectors in the common atmospheres [F] Prior to Occupancy
are required and shall be connected to the fire alarm.
32 Fire Alarm. If a fire alarm is not required pursuant to conditions 10 [F] Prior to Occupancy
or II, then an early warning notification device shall be installed.
Type and location may be field coordinated. Fire Alarm Device is to
be mounted to the structure and shall be audible throughout the
structure.
33 Fire Extinguishers. Fire Extinguishers are required in the [F] Prior to Occupancy
playroom adjacent to the garage and in the kitchen due to the floor
plan.
30 On-Site Fire Inspection. An on-site inspection is required prior to [F] Prior to Occupancy
Fire Department final approval of the facility. The inspection fee is
$80.00. State Licensing also requires the inspection.
ADDITIONAL PLANNING CONDITIONS
31 Establishment of Use. This approval shall be null and void in the [PL] On-going
event the approved use fails to be established within one year, or
ceases to operate for a continuous one-year period.
32 Cleanup and Disposal of Trash. The Applicant shall be [PL,PW] On-going
responsible for cleanup and disposal of project related trash in order
to maintain a clean and litter free site.
33 Revocability. At any time during the effectiveness of this approval, [PL] On-going
the 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.
PUBLIC WORKS CONDITlONS
34 Title Report. A current preliminary title report (not more than 6 [PW] Prior to approval of
months old as of date of submittal) together with copies of all improvement plans
recorded deeds, easements and other encumbrances and copies of
Final Maps for adjoining properties and off-site easements shall be
submitted for reference as deemed necessary by the City
EngineerIDirector of Public Works.
35 Standard Public Works Conditions of Approval. [PW] Prior to approval of
Applicant/Developer shall comply with all applicable City of improvement plans
Dublin Public Works Standard Conditions of Approval. In the
event of a conflict between the Public Works Standard Conditions
of Approval and these Conditions, these Conditions shall prevail.
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CONDITION RESPON WHEN
PARTY
36 Harmless/Indemnification. The Applicant/Developer shall defend, [PW] Prior to approval of
indemnity, and hold harmless the City of Dublin and its agents, improvement plans
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 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
proceedings.
37 Improvement and Grading Plans. All improvement and grading [PW] Prior to approval of
plans for play areas, if required, shall be submitted to the Public improvement plans
Works Department for review/approval and shall be prepared in
accordance with the approved preliminary plan, these Conditions of
Approval, and the City of Dublin Municipal Code including
Chapter 7.16 (Grading Ordinance). When submitting plans for
review/approval, the ApplicantlDeveloper shall also fill-out and
submit a City of Dublin Improvement Plan Review Checklist (three
8-1/2" x 11" pages). Said checklist includes necessary design
criteria and other pertinent information to assure that plans are
submitted in accordance with established City standards. The plans
shall also reference the current City of Dublin Standard Plans
(booklet), and shall include applicable City of Dublin Improvement
Plan General Notes (three 8-1/2" x 11" pages). For on-site
improvements, the Applicant/Developer shall adhere to the City's
On-site Checklist (eight 8-1/2" x II" pages). All of these reference
documents are available from the Public Works Department (call
telephone 925-833-6630 for more information).
34 Grading Plan. The Grading Plan, if grading work is to be [PW] Prior to issuance of
performed, shall be in conformance with the recommendations of Grading/Sitework
the Geotechnical Report, the approved preliminary plan, and the Pennit
City design standards & ordinances. In case of conflict between the
soil engineer's recommendations and City ordinances, the City
Engineer shall determine which shall apply.
35 Erosion Control Plan. A detailed Erosion Control Plan shall be [PW] Prior to issuance of
included with the Grading Plan approval. The plan shall include Grading/Sitework
detailed design, location, and maintenance criteria of all erosion Pennit
and sedimentation control measures.
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CONDITION
38 Grading/Sitework Permit. Any improvement work must be
performed per a Grading/Sitework Permit issued by the Public
Works Department. Said 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 III 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.
39 Erosion Control during Construction. ApplicantlDeveloper
shall include an Erosion and Sediment Control Plan with the
Grading and Improvement plans for review and approval by the
City EngineerIPublic Works Director. Said plan shall be designed,
implemented, and continually maintained pursuant to the City's
NPDES permit between October 1st and April 15th or beyond these
dates if dictated by rainy weather, or as otherwise directed by the
City EngineerIPublic Works Director.
40 Signs and Pavement Markings. The Applicant/Developer shall
be responsible for the following on-site traffic signs and pavement
markings:
a. RIOOB (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".
b. Handicapped parking signs and legends per State
Title 24 requirements.
The word "Compact" shall be stenciled on the pavement surface
within each compact parking space.
RESPON
PARTY
[PW]
[PW]
[PW]
41 Temporary Fencing. If construction should be undertaken at the [PW]
site, temporary Construction fencing shall be installed along
perimeter of all work under construction to separate the
construction operation fTom the public. All construction activities
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 by the City EngineerIPublic Works Director.
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WHEN
Prior to issuance of
GradingfSitework
Pennit and during
construction
Prior to issuance of
Grading/Sitework
Permit and during
construction
Prior to issuance of
Occupancy Pennit
During Construction
and prior to issuance
of Occupancy
Pennit(s)
CONDITION RESPON WHEN
PARTY
42 Construction Hours. Construction and grading operations, if [PW] During Construction
applicable, shall be limited to weekdays (Monday through Friday)
and non-City holidays between the hours of7:30 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 Saturday and/or holiday
work.
43 Damage/Repairs. The ApplicantlDeveloper shall be responsible [PW] Prior to issuance of
for the repair of any damaged pavement, curb & gutter, sidewalk, Occupancy Permits
or other public street facility resulting from construction activities
associated with the development of the project.
44 Fees. The Developer shall pay all applicable fees in effect at the [PW,B] Prior to issuance of
time of building permit issuance including, but not limited to, Building Pennit
Planning fees, Building fees, Dublin San Ramon Services District
fees, Public Facilities fees, Dublin Unified School District School
Impact fees, Public Works Traffic Impact fees, Alameda County
Fire Services 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 Development Agreement.
PASSED, APPROVED AND ADOPTED this 26th day of July 2005.
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg
NOES:
ABSENT:
ABSTAIN:
wo;;¿~ '
Planning Commission Chairman
ATTEST:
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