HomeMy WebLinkAboutItem 8.1 East-West Karate CUPTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: September 16, 1991
Planning Commission
GENERAL INFORMATION:
PROJECT:
Planning Staff
1YP'A
Carol R. Cirelli, Associate Planner
PA 91-061 East-West Karate Conditional Use
Permit
The Applicant is requesting Conditional Use
Permit approval to allow the operation of a
karate school (recreation facility) in a C-2-
B-40, General Commercial Combining District
zone.
APPLICANT: Tyler Hanamura
4448 Comanche Way
Pleasanton, CA 94566
PROPERTY OWNER: Don Hucke
25 Crocker Avenue
Piedmont, CA 94611
LOCATION: 7102 Village Parkway
ASSESSOR PARCEL: 941-210-5-4
PARCEL SIZE: 2.02+ acres
GENERAL PLAN
DESIGNATION: Retail/Office and Automotive
DOWNTOWN SPECIFIC
PLAN DESIGNATION: Development Zone 10: Village Parkway Mixed
EXISTING ZONING
AND LAND USE:
Use
C-2-B-40, General Commercial Combining
District; Retail/Service Commercial, Boat
Sales/Service
ITEM NO. a I
COPIES TO: Applicant
Owner
Address File
PAGE _ OF //
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
V-4982
and S-291:
S-462:
PA 86-052:
PA 86-111
PA 87-122:
North:
South:
East:
West:
Service Commercial (Locksmith); C-
2-B-40 General Commercial Combining
District
Retail Commercial (Wold's House of
Hobbies); C-2-B-40 General
Commercial Combining District
Retail/Service Commercial,
restaurant; C-2-B-40 General
Commercial Combining District
I-680 Freeway; Public Right -of -Way
(CalTrans)
On November 19, 1969, the Alameda County Planning
Commission approved a Variance to construct
commercial buildings in a C-2-B-40 General
Commercial Combining District zone with a reduced
side yard from the required 20 feet to 5 feet and
a reduced front yard from the required 30 feet to
25 feet and to install locator and business
identification wall signs at 7032 Village Parkway
(Hucke property).
On January 3, 1973, the Alameda County Planning
Director approved a Site Development Review
request to construct a commercial warehouse
building at 7040 Village Parkway (Hucke property).
On July 3, 1986, the Dublin Planning Director
approved a Site Development Review request to
install an awning and sign for the East-West
Karate School located at 7102 Village Parkway
On October 21, 1986, the Dublin Planning Director
approved a Site Development Review request (Buck
Stove, Spa and Fan Center) for three wall -painted
signs at 7078 Village Parkway.
On May 2, 1988, the Dublin Planning Commission
approved a Site Development Review and Conditional
Use Permit request for a C-2-B-40 Special Easement
Directory Sign and Sign Program for wall signs at
7016 - 7150 Village Parkway. This approval was
appealed by the Applicant (Don Hucke) on May 12,
1988. On December 12, 1988, the City Council
accepted the Applicant's withdrawal of the
Conditional Use Permit/Site Development Review
application.
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PAGE a OF L
PA 89-055:
PA 90-017:
PA 91-028:
On May 24, 1989, the Planning Director approved a
Site Development Review request for wall -painted
signs at 7078 Village Parkway (Spa Outlet, Inc.).
On March 9, 1990, the Dublin Planning Director
approved an Administrative Conditional Use Permit
request for use of a temporary promotional
advertising display (rooftop cold air balloon) at
7078 Village Parkway (Spa Outlet, Inc.).
On May 31, 1991, the Dublin Planning Director
approved a Site Development Review request to
install three wall -mounted signs at 7114A Village
Parkway (Boatmasters II).
APPLICABLE REGULATIONS:
Section 8-49.2(e) Conditional Uses: C-2 Districts states
that a recreation facility is a conditional use in the C-2
District.
Section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the
public need; 2) whether or not the use will be properly related
to other land uses, transportation and service facilities in the
vicinity; 3) whether or not the use will materially affect the
health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the
district in which it is located.
ENVIRONMENTAL REVIEW: The project has been found to be
Categorically Exempt from CEQA under Section 15301, Class 1 of
the California Environmental Quality Act guidelines. This use
consists of the operation of an existing recreational facility
(karate school) involving no expansion of the existing use.
NOTIFICATION: Public Notice of the September 16, 1991, hearing
was published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting Conditional Use Permit approval
to operate a karate school (recreation facility) in a C-2-B-40,
General Commercial Combining District. In reviewing East-West
Karate's Business License Application, Staff determined that
East-West Karate has been in operation since 1986 without
Conditional Use Permit approval. Another karate school under
different ownership began operating at that same location in
1971, also without Conditional Use Permit approval. However,
there is no record of any complaints associated with the use
since its initial operation in 1971.
-3-
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East-West Karate operates five days a week (Monday,
Wednesday, Friday from 11:00 a.m. to 9:00 p.m. and Tuesday,
Thursday from 2:30 p.m. to 9:00 p.m.). East-West Karate is
located in the same commercial building as the hobby shop,
locksmith and boat sales and service facility. Based on the
parking requirements for places of assembly, the karate school is
required to provide 17 parking spaces for employees and
customers. There are 41 parking spaces on the site, which is
adequate for the karate school and adjacent businesses.
The project has been routed to other City departments for
review and comment. The Police Department had requested that the
Applicant submit a written statement describing the type of
martial art weapons which may or will be sold at the site and the
policy for sale of these items. The Applicant is aware that
selling martial art weapons to the public is illegal. He
indicated that he does not possess any martial art weapons on the
business premise for sale to the public or instruction purposes.
No major concerns were noted by other departments.
The project is in compliance with the Zoning Ordinance and
the General Plan.
Staff recommends approval of the Applicant's Conditional Use
Permit request to allow the operation of a karate school
(recreation facility) in a C-2-B-40, General Commercial Combining
District, subject to the conditions specified in the Draft
Resolution (Exhibit B).
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Draft Resolution approving PA 91-061 East-
West Karate Conditional Use Permit, or give Staff
and Applicant direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt
Draft Resolution (Exhibit B) approving the Conditional
Use Permit for PA 91-061, East-West Karate.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Planning Commission Resolution approving the
Conditional Use Permit for PA 91-061
Background Attachments:
Attachment 1: Project Location/Zoning Map
Attachment 2: Applicant's Written Statement
-4-
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RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-061 EAST -WEST KARATE CONDITIONAL USE PERMIT TO ALLOW
THE ESTABLISHMENT OF A KARATE SCHOOL (RECREATION FACILITY) AT
7102 VILLAGE PARKWAY IN A C-2-B-40, GENERAL COMMERCIAL
COMBINING DISTRICT ZONE
WHEREAS, Tyler Hanamura filed a Conditional Use Permit
application requesting approval to allow the establishment of a karate
school (recreation facility) in a C-2-B-40 District; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on September 16, 1991; 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 was
found to be Categorically Exempt under Section 15301, Class 1; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The proposed project will serve a public need by providing a
karate school in Dublin's downtown area.
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
the proposed use will be compatible to the type and nature
of operations typically found in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the
health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 91-061, East-West Karate Conditional
Use Permit, as generally depicted on the plans labeled Exhibit A,
stamped approved and on file with the Dublin Plannin Department,
subject to the following conditions:
PAGE 7 OF ��_
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with within 15 days of the effective date of this approval, and shall
be subject to Planning Department 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, [FIN]
Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon
Services District, (CO] Alameda County Department of Environmental
Health.
1. This Conditional Use Permit approval for PA 90-061 is to allow
the establishment of a karate school (recreation facility)
at 7102 Village Parkway in a C-2-B-40 General Commercial
Combining District zone. This approval shall generally conform
to the plans labeled Exhibit A, consisting of a Site Plan and
Floor Plan (2 sheets) prepared by the Applicant, Tyler Hanamura,
dated received by the Planning Department August 23, 1991. [PL]
2. This use shall comply with all applicable Planning, Building,
Dougherty Regional Fire Authority and Police Department
regulations and ordinances. {PL, B, F, PO]
3. The Applicant shall comply with the Dublin Police Department
regulations concerning the use and public sale of martial art
weapons. [PO]
4. No loudspeakers or amplified music shall be permitted outside the
enclosed buildings. [PL]
5. The Applicant shall be responsible for clean-up and disposal of
project -related trash to maintain a clean and litter -free site.
[PL]
6. The facility shall provide and maintain at all times the
following type and number of on -site parking spaces: [PL, B]
17 customer and employee parking spaces
7. On an annual basis, this use shall be subject to Zoning
Investigator review and determination as to the compliance with
the Conditions of Approval. [PL]
8. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous one year period.
[PL]
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PAGE 8 OF //
9. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms or conditions of this permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 16th day of September, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
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PAGE 9 OF,//
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City of Dublin
Planning Department
Dear Planners And others concerned,
As part of the requirements for the Section 8-49.2(e) I am
writing this letter to fulfill # 6 requirement to describe
my business in detail.
East West Kung Fu Karate is in business providing people in
Dublin and surrounding communities an alternative way to
exercise and keep in shape by practice of the martial art
of Bok-Fu. Along with exercise an equal benefit is an
increased awareness and ability of self defense.
Along with the standard program East West occationally
sponsers instructors and teachers of national and world
caliber to come and hold various seminars. We teach
children and adults to have increased self esteem along
with self defense and balance. We teach that balance
in their whole life is essential; at work, home and in
the community. We think that we will be adding safety
and good citizens as a benefit to the community.
RECEIVED
AUG 2I1991
ltom *Li e, op f
DUBLIN PLAN ING
41-06l
Sincerely,
Tyler Hanamura
President
Atlachment 2
PA(W / / _ OF /l