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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. -2- 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- PAGE 3 OF // 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- PAGE 17/ OF // i r to jJ r Y. 3 OAK. K r n1 G d, a T Knew /a� Vale Pry. > PAGE ' OF I . . DUBLIN PLANNING OTh ER 8,uyinde515- i n.r B Pt GJ� e,c, r tlA T ZScr}hrroeh Ores*', GA o,1,-s - 1� 9 147 z wAi_. y1 K 4 RAUG E IV(�E(j AUG 2 3 1991 DUBLIN PLANNING SrA $ 10/4 ens", ..4i i 0 M °3 6 /oa V) laic. P 1 PACE (0 of :1/ (P P. a 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] - 2 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 - 3 PAGE 9 OF,// \s \s 's% • 134 • 0 st.v.taitt DM. so.oc: ......... K01.8 PARK " LT-7n r--; 7t • , • ". .44ve. ----I-1 Lt. " LJ Xs•‘\‘‘\\.:\ sNs t.,. .7t,'"!•t_ A._ 1 I 7-4-`-..-1. 1 ! ; i , • 1...... . • .4 \ IMTC1...EMTC 1C1001. ---------- - - FRO* Lom-nom/.zombud P. 511-0Gt 62040. 0 200 400 200 1200 7/ crax.7VLI.Lat,04..t I 03( --\9ff_ 4k5,- 2 DMA !PORTS 41101040$ C 17 7 T ' • . I I 1 0 9 7 6 5 4 a fr) A 65-032 /7-85" L S.T Nov.1988 L.5.7.00.19116 i L.S.T 991.1986 L.S.T July.19116 L.S.T. 140v.19851 L.SX Jum1146 L.ST sor.19441 L.ST. Oci.19641 L.ST. 941.1904 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