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HomeMy WebLinkAbout4/2/1990 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Monday - 7:30 p.m. 100 Civic Plaza, Council Chambers April 2, 1990 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETING - March 19, 1990 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda for a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 90-011 Medina's Gym Conditional Use Permit request for a new chiropractic space in the existing exercise studio and an extension of PA 87-042 Conditional Use Permit for the exercise studio located at 6735 Sierra Court 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) DUBLIN PLANNING COMMISSION PROCEDURES SUMMARY WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made up of five Dublin residents who have volunteered their services to the community. They were appointed by the Dublin City Council. The Planning Commission encourages and appreciates participation by Dublin residents. Regular meetings of the Planning Commission are held on the first and third Mondays of each month in the Dublin Civic Center Council Chambers, 100 Civic Plaza, Dublin. TIME: Planning Commission meetings begin at 7:30 p_m._ No new public hearing item will — begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in the Government Code 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the current meeting. ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the order of presentation will be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Others in Favor 5) Comments by Those in Opposition 6) Rebuttal by Applicant if Necessary 7) Additional Comments by Staff as Appropriate The hearing is then closed and the item turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Planning Commission. PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action as outlined in the section above entitled ITEMS NOT ON THE AGENDA. PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the Chairperson will ask the audience for its comments, first from those in favor, then from those in opposition. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. The Planning Commission wants to hear all citizen concerns. Each new speaker is asked to be brief, add new information, and not repeat points which previous speakers have made. The Planning Commission is particularly interested in the specific reasons why the speaker is for or against an item. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. The Chairperson maintains the discretion to request the use of Speaker Slips and to limit comments. Anyone who does not want to speak may write comments on the Speaker Slip and turn it into the Planning Commission while the public hearing is still open. SMOKING CONTROL: Please do not smoke during the Planning Commission meeting. ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public hearing concerning their item, the Planning Commission may take action to deny, continue, or approve the item. The item may be considered for continuance upon receipt of written notification of the applicant's inability to attend the hearing. P-N 1. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 2, 1990 TO: Planning Commission FROM: Planning Staff 1 PREPARED BY: �4( f Carol R. Cirelli, Associate Planner SUBJECT: PA 90-011 Medina's Gym Conditional Use Permit GENERAL INFORMATION: PROJECT: The Applicant is requesting a Conditional Use Permit to continue operation of the existing gym facility and permit a new chiropractic space in Medina's Gym exercise studio and health spa. APPLICANT: Teo Beam 27187 Underwood Avenue Hayward, CA 94544 PROPERTY OWNER: Pat Fell, Vice President Bedford Properties 7901 Stoneridge Drive, Suite 201 Pleasanton, CA 94566 LOCATION: 6735 Sierra Court ASSESSOR PARCEL NUMBER: 941-205-1-46 PARCEL SIZE: Portion of 13 acre property GENERAL PLAN DESIGNATION: Business Park/Industrial EXISTING ZONING AND LAND USE: Planned Development (PD) District City Council Ordinance No. 17-85 Sierra Trinity Business Park, consisting of an eleven (11) building, 192,600+ square foot business park. ITEM NO. COPIES TO: Applicant Owner File PA 90-011 SURROUNDING LAND USE AND ZONING: North: M-1, Light Industrial District - Trinity IV Business Park (36,000+ square foot industrial building) and Trinity III Business Park (42,250+ square foot industrial building). South: M-1, Light Industrial District - three 20,000+ square foot industrial buildings with mixed uses. East: M-1, Light Industrial District - 6591 Sierra Lane (30,750+ square foot industrial building) and 6483 Sierra Lane (70,000+ square foot business park) and PD, Planned Development District (allowing M-1 and C-2 land uses) Dublin Mini-Storage - 18 mini warehouse buildings. West: M-1, Light Industrial District - 6400 Sierra Court (200,000+ square foot distribution facility owned by Chevron). ZONING HISTORY: A Site Development Review request for Bedford Properties (PA 85-032) was approved on February 26, 1985, by the Planning Director, allowing the development of an eleven building, 192,600+ square foot industrial business park over the 13 acre property. This facility, which is now called the Sierra Trinity Business Park, is currently ninety-five percent (95%) occupied. The PD, Planned Development District, was applied to the Sierra Trinity Business Park following approval of PA 85-032 by the Dublin City Council on July 22, 1985, (City Council Resolution No. 85-71). A Conditional Use Permit request for a recreational facility (Gold's Gym and Exercise Studio) within the Sierra Trinity Business Park PD, Planned Development District, was approved on April 6, 1987. APPLICABLE REGULATIONS: City Council Resolution No. 85-71 for PA 85-032 established the Findings and General Provisions for Bedford Properties' Sierra Trinity Business Park PD, Planned Development District. These provisions established the Business Park/Industrial and M-1, Light Industrial District uses for the Planned Development District, and they allowed the Planning Commission, through the Conditional Use Permit process, to consider additional uses which meet the intent of the Planned Development District. -2- The proposed chiropractic facility is considered an ancillary use to Medina's Gym (formerly known as Gold's Gym) and meets the intent of the M-1 Zoning District and the requirements of Section 8-51.4 Accessory Uses: M-1 Districts and 8-51.8 Performance Standards: M-1 Districts of the Zoning Ordinance. 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: This project has been found to be Categorically Exempt from the provisions of CEQA pursuant to Section 15301(a) of the State CEQA Guidelines - The project will consist of a minor alteration to an existing private structure involving negligible expansion of the existing use. NOTIFICATION: Public Notice of the April 2, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The project site, located within the Sierra Trinity Business Park, is currently zoned PD, Planned Development. According to City Council Resolution No. 85-71, all uses within the PD, Planned Development District shall be consistent with the intent of the Business Park/Industrial area as specified in the adopted General Plan for the City and with the intent of the M-1 Zoning Ordinance as specified in Section 8-51.0 Light Industrial District. A previous Conditional Use Permit request (PA 87-042) for Medina's Gym was approved by the Planning Commission on April 6, 1987 because it met the intent of the PD, Planned Development District as a Conditional Use (recreational facility in an enclosed building) within an M-1, Light Industrial District zone. This Conditional Use Permit approval is valid until April 16, 1990. The upcoming expiration date has prompted the Applicant to apply for a Conditional Use Permit to continue the operation of Medina's Gym and to permit a new chiropractic space in Medina's Gym. The Applicant proposes to continue to operate Medina's Gym as an exercise studio and health spa with exercise equipment such as free weights and nautilus machines, including spa facilities. Medina's Gym will continue to provide training programs and the retail sales of nutritional supplements and athletic clothing. The hours of operation for Medina's Gym are as follows: Monday through Thursday 5:00 a.m. to 10:00 p.m.; Friday 5:00 a.m, to 9:00 p.m.; Saturday 9:00 a.m. to 5:00 p.m.; and Sunday 9:00 a.m. to 1:00 p.m. -3- n The Applicant is also proposing to expand the existing gym use and to establish a chiropratic office with a separate reception and chiropractic adjusting room. The chiropractic use will include chiropractic adjustments, stretching and strengthening exercises and weekly health talks. The chiropractor's office will be located in an existing room which was approved as an addition to Medina's Gym with the planning application (PA 87-042) Conditional Use Permit request. This room is approximately 100 square feet in size. Interior walls and partitions will be constructed to form the reception and adjusting room. The reception and adjusting room will be approximately 406 square feet in size and will have access to the gym. Both the chiropractor office and the gym are proposed to have seperate entrances from Sierra Court. The hours of operation for the proposed chiropractic use would be Monday through Friday, 8:00 a.m. to 8:00 p.m. and Saturday, 8:00 a.m. to 12:00 noon. According to the established Findings and General Provisions for this Planned Development District (City Council Resolution No. 85-71 for Sierra Trinity Business Park PD, Planned Development District), a medical doctor's office in this PD zone is not a permitted use. A chiropractic office is considered a medical office use. However, the proposed chiropractic facility is considered an ancillary use to Medina's Gym because the chiropractic space would provide access to the gym, and pursuant to Section 8-51.4 of the Zoning Ordinance, the chiropractic use serves as an accessory service to the patrons of the gym, including the gym employees. In addition, these facilities are interrelated to the extent that they both provide exercise and health programs for individuals. Signage for the chiropractic facility will consist of "stick-on" white lettering placed on the inside of the window. The sign will be consistent with the sign program approved for this PD, Planned Development District through PA 85-032 and City Council Resolution No. 85-71. The required number of parking spaces for both Medina's Gym and the chiropractic facility is fifty. There are a total of 729 parking spaces for the entire Trinity Business Park development. The gym's peak hours of usage are before 8:00 a.m. and after 5:00 p.m. Monday through Friday, which is an off-peak period for business park uses. The existing on-site parking will be adequate for the gym/chiropractic facilities, and other approved uses in the business park. There are a few primary planning issues associated with the proposed project. The proposed chiropractic use, in itself as a medical office, is not in compliance with the PD, Planned Development regulations and the intent of the Business Park/Industrial designation of the General Plan, and the M-1, Light Industrial Districts of the Zoning Ordinance as medical offices are specifically prohibited in this Planned Development District. However, a chiropractic office use, operating in conjunction with and as part of the gym use, is considered an ancillary or accessory use to the gym and could be permitted with approval of this Conditional Use Permit application. The chiropractic facility is considered an accessory use to Medina's Gym if it relates to the services provided by the gym and if the chiropractic facility is conducted and entered from within the main building. -4- There is a concern that the chiropractic facility, as proposed, would not serve as an accessory use to the gym since the applicant proposes to have a separate entrance. This entry way is currently existing. In order to be considered an accessory use, access to the chiropractic facility should be through the gym only. In addition, as an accessory use, the hours of operation for the gym and the chiropractic facility, must be similar. For the most part, the hours of operation do coincide, except for one hour on Saturday, where the chiropractor office would open at 8:00 a.m. and the gym would open at 9:00 a.m. Conditions are included in the Draft Resolution requiring the chiropractic main entrance to be through the gym entrance and limiting the hours of operation. There have been no zoning violations or complaints since the first approval for Medina's Gym. All previous Conditions of Approval, as specified in Planning Commission Resolution No. 87-021, have been met by the Applicant of Medina's Gym. The proposed project has been reviewed by the Public Works, Building, Police Departments and the Dougherty Regional Fire Authority. Their concerns have been incorporated into the Draft Conditions of Approval (Exhibit B). In particular, the Dublin Police Department expressed some concern regarding the possible possession and dispensation of illegal drugs to patrons utilizing Medina's Gym. The owner of Medina's Gym has a history of drug usage and possession of illegal drugs for sale at his Hayward gym site. The police commented that providing a chiropractic use in the gym may be a way to conceal the possession of illegal drugs such as steroids to treat joint and soft tissue ailments. Staff has contacted the applicant, Mr. Teo Beam, to inquire whether a chiropractor is legally allowed to dispense drugs and medication to patients. Mr. Beam has indicated that, according to California State law, a chiropractor is not allowed to dispense any type of drug or medication. Conditions prohibiting the sale of medication or illegal drugs have been included in the draft resolution of the Conditional Use Permit approval. Staff recommends approval of Medina's Gym Conditional Use Permit request subject to the conditions specified in the Draft Planning Commission Resolution (Exhibit B). RECOMMENDATION: 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 relating to the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt Exhibit B, Draft Resolution approving the Conditional Use Permit for PA 90-011 Medina's Gym. -5- r-� ATTACHMENTS: Exhibit A: Conditional Use Permit Submittals - Applicant's Written Statement, Medina's Gym Floor Plans (existing and proposed) and Signage Information. Exhibit B: Draft resolution approving Conditional Use Permit Background Attachments: Attachment 1: Zoning Map/Location Map Attachment 2: Pertinent Agency Comments Attachment 3: City Council Resolution No. 85-71, PD General Provisions -6- r, RECEIVED nrtc or s6c-r : FEB 13 1990 DUBLIN PLANNING Pt1 g0'01I M ED,n3 G y M I-1 h 5 6 E EN o PEu�,T,N C. i P- D034N (ot- TttG (IFS TW d Tic GYM FFE2S F2Ec 0u6IGikTS C!+-6Lc 44 Act,(AiEs . /Jh�7-1 s E9vc.Pvv1 EST .4"10 5/404.1 J c-t Fc 2- " fi-C M Can 13 i`25 c . T+G I- - R-s c F 0P6(2-A-Tlo1.1 - Mon] —,-04v2 S-LO .04. - /O:oU PM. FRT - 5-60 A ,M_ 9cco PM. O SAT - ! 'oa A_.cl. -a S-bo w�] - Q oo A. -' t:oo P.04. (1 ern.uR'S G 1MVL OFFER -A e.4i-74Nc.c ►-1 , REStoC--.NTs GF Sc,N -T 3 G /mot 54Af'E /N (1- -Rein FC-55/oAJAL +GSTAg41Sff,.etC--ter . I'rCDi.v.Q'5 C`i vvt RAS Pa42--n c, P /n] 17 c...1 T`i o F D u pjL.,/\i r S Po A-V .) Fr' A t. Felt- - 1E LrtS 7' Tc.k. LIGAR-5 ( t? -�`'(?) N 15 aN E OF F FA'c Q TC tf r�QzA-2TLo nl S C,F 74- Fes-Tr r'A 1�L tfvA'S G`tvvt 1S Now O FL51 (/vG AA3cT7tc2 S ER-v t ti "tb VT'S ✓vt C-v✓i ER-S .4&i 0 71-I&[2 F> L a es) A tit /N -/-+e v SE C,--p- P,e.44-ru2 bR U3,3 LP P'E vLW2-1-<1vG CQ,L32-Q Tto, (. s \ MG0, -S GYM 11-05 EtipEr4vo2. J EXHIBIT _ 17�• t�G�w� GR-ADQ FRzn( I F5 Cr-(12.0f'C4cric COI.cccE wGST , 5 ru L-OJzENZc) i /ti SuAJE GF !q v?, Fo L L 06-3 t.J 6 G r u tt-Az'ON A E "tV-A 1(rE,p Fop_ 5\x (Vt S-E /nzx\-s TA-5 C..uG-0,a.- Pg. 6 cv_( r ) NELGc E /Ai P/f0CNlX , A424•FcrtJA . H't ?'-A-e-r t cE / P L&A S A v ThA) w t��ca t-kt erg-EA..J c P6r -T'Ai G (-E cz i zi-g LIST V CAn- (19Y r) • P.2/of-- To C 4(/ P(2,a-e-7r rOn_ c A rvt, TP--",<X60 Przz FES S/o 1A c /4T/-((c s Fort Fives v e-Arzs sco Yg E�5 - Ps`'57A-A, r 5- - )AL77--t )4k3 &JD( TLeviA Corte!-T 11S70 - 19FI CL o= cA1k 5Ok - Fiz•JE55 DNS' 4-T ^'T .3 p 4-/ - PS t* fcL , I -c-EA) /-(6Av,cy /AJ 16 /Fc eizi 111E CA. 4PEc}'tL 6c`trv‘Pics Pax RAM • t4n SAti c.f- tQyO : Uo u,_ITC6,_ Coo 9-DrA.) hTx3R- jk t,1 t6A!k c-c9 . P(2 P BC? GS w1 1-1-1/4 Nov A LGT or CA,2lc6 /Ivy Cowl PA55io&v f i2 p--f Co?In niv&iirst. 6 /4 g(G /4- 5 c T 'Ta T C_ r-f or- ou34 . Th6 ai-M( P -1-(c o f 1z-t-E- w` L.04 v Lp eoN , ti i?-C P tic /41 A ) 072,s o F K, ;A-lv' ft 3 s 6 — r /v d k.—2 A 66. R cu 1 TU f- Z-U CAL C/-F(/Ze o rLJ FJ2 F:coo , ��T - 6":od A, ,,1. - to Nc I ABBREVIATIONS GENERAL NOTES ELECTRICAL B MECHANICAL NOTES SYMBOLS u ......e o.....r ....•...w."w....» n"... a....n•co:. c.r.o.. 1' ,.,..,.,.,.... 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GENERAL-NOTES ...., x `11, --:"..4-"7:1- . .. )L— •t P , --- 1... i i I inFliigitlgtri riLE'Zir. .....r . i , k611112/./!innom PEOPVIOICtl LAN TO PUNLOli 1 *RACING SECTION PARALLEL TO PURLINS 1. 1 LATERAL BRACING OF SUSPENDED TEE-BAR CEILINGS I-- , 1 BEDFORD PROPERTIES SIERRA TRINITY BUILDING 8 6735 SIERRA COURT MEDINA'S GYM ItatroF:4 ''.; . Lua o _ __ z u rn- z T U CO Z w . w � , } ` � I Cal , V) to• . w I 1--.\ n i 0 , 1.....) -1 ..) Nii -clg-‘3,7S -- , ir o w- `aca:i C :-.,,e i 0 J ; J .75 IT- d 7....z...._ , _ -a- , _ liAT31 Xx 3 , 2 . ________ ' ..../\-/ i . PL14-N--) F(ZEE LEI 6r+TS — w on{b� C A3.4 BP4424oM 3 Mhu+/N65 3 LIGHTER LINES ARE/1\1A4-'11")-5 EXISTING BUILDING �.5,s N U.. HEAVY LINES ARE NEW ADDITIONS 44-27' 0"—► GYm �DyvSr-+G AREA er)(ER-ease sfpcG 15' 6" BIKES DR.• (� QKPRE1EPpaw OffKtF RECEIVED MAR 21 1990 DUBLIN PLANNING ADD t Ttot1/4.35 To ME pin/A`S GY/-i —146AV1 t.$M . 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Y- As P62 L T" PP UA1- F Ga ti' D -79 N A L. v 5 6 PE 2,v, r -r- RECEIVED FEB 13 1990 DUBLIN PLANNING RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-011 MEDINA'S GYM CONDITIONAL USE PERMIT TO CONTINUE OPERATION OF THE GYM AND TO PERMIT A NEW CHIROPRACTIC SPACE IN MEDINA'S GYM AT 6735 SIERRA COURT WHEREAS, Teo Beam, chiropractor representing Medina's Gym on behalf of Bedford Properties, filed a Conditional Use Permit request to allow the continued operation of Medina's Gym and to permit a new ancillary chiropractic use in Medina's Gym within the Sierra Trinity Business Park, PD, Planned Development District; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 2, 1990; 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 has been found to be Categorically Exempt from the provisions of CEQA pursuant to Section 15301(a) of the State CEQA Guidelines because the project will consist of a minor alteration to an existing private structure involving negligible expansion of the existing use; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land uses, if conditionally approved, are appropriate for the subject property in terms of being compatible with existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A) Medina's Gym and the ancillary chiropractic facility will serve the public need by providing for the general physical health of members of the community. B) The uses will be properly related to other land uses, transportation and service facilities in the immediate vicinity, as the proposed uses will be compatible to said land uses, transportation and service facilities in the immediate vicinity. C) The uses 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 EXHIBIT _ neighborhood, as all applicable regulations will be met. D) The uses will not be contrary to the specific intent clauses or performance standards established for the district in which they are to be located, as the proposed uses are compatible with each other, as well as adjacent business park/industrial uses. E) The project is consistent with the policies contained in the City's General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve Conditional Use Permit application PA 90-011 as shown in Exhibit A, and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of the proposed land use activity or the issuance of building permits for tenant improvements related to that activity, and shall be subject to Planning Department review and approval. 1. PA 90-011 Conditional Use Permit approval is for the continued use of Medina's Gym exercise studio and health spa which consists of free weights, nautilus machines and spa facilities, and which provides training programs and the retail sales of nutritional supplements and athletic clothing; and the establishment of a new chiropractic facility as an ancillary/accessory use to the gym which consists of an office and a separate reception and chiropractic adjusting room used for chiropractic adjustments, stretching and strengthening exercises and weekly health talks. 2. Access to the ancillary chiropractic facility shall only occur through the main entrance of the gym and the gym exercise room. 3. The gym use, including the development and operation of the ancillary chiropractic facility in Medina's Gym, shall be completed as shown on the floor plan dated received by the Dublin Planning Department on March 21, 1990 (Exhibit A), and as described by the Applicant's Written Statement dated received on February 13, 1990 (Exhibit A), except that there shall be no separate entry way for the ancillary chiropractic facility. Building permits for the proposed tenant improvements shall be secured and construction commenced within six months after approval of this application or said approval shall be void. 4. Signage for the gym/chiropractic facility shall be consistent with the sign program depicted by House and House as approved for the PD, Planned Development District (PA 85-032) and signage for the ancillary chiropractic use shall be incorporated into the signage for Medina's Gym. For the purposes of signage, the chiropractic facility shall not be considered a separate tenant. Temporary signs used for special events shall be subject to the process outlined in Sections 8-87.60 (signs requiring Conditional Use Permit approvals) and 8-87.61 (signs requiring Administrative Conditional Use Permits) of the Zoning Ordinance. 5. All activities associated with the gym and ancillary chiropractic -2- facilities shall be operated and controlled so as not to create a nuisance to the adjoining existing and future tenants in the Sierra Trinity Business Park. 6. The ancillary chiropractic facilities shall only operate during the gym' s hours of operation. 7. The ancillary chiropractic facility shall serve the members of Medina's Gym only. 8. Prior to occupancy of the ancillary chiropractic facility, the Applicant shall submit notification to the Dougherty Regional Fire Authority for inspection purposes. The Applicant shall comply with the Dougherty Regional Fire Authority requirements. 9. Development shall comply with the City of Dublin Police Services Standard Commercial Building Security Requirements. 10. Approval of the ancillary chiropractic facility does not include approval and/or authorization to dispense prescription drugs. 11. Except as may be specifically altered by this approval, development of the ancillary chiropractic facility and the continued use of the gym shall comply with the Findings and General Provisions established for the Sierra Trinity Business Park PD, Planned Development District (PA 85- 032) . 12. All demonstrations, displays, services, and other activities shall be conducted entirely within the structures on the site. No loudspeakers or amplified music shall be permitted outside the enclosed structure. 13. This approval shall become null and void, in the event the approved use ceases to operate for a continuous one-year period. 14. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 15. On an annual basis, these uses shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. PASSED, APPROVED AND ADOPTED this 2nd day of April, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- 3de Ar•e Nos.26-001 • A/SSSEES\SOR'S MAP 941 I i 1 / _ _— i Sole:,•.400 c vu MAP OF SUB.OF PLOT A OF THE DOUGHERTY RANCH(ekl5Pg.17) 1 `+ P.M. 2480Bk.105 P940) PM.2481 IBk 105 Pg.411 ; PM. 460 (9.61Pg.21) PM.462 (Bk.6IPg.22) PM. 756 (Bk 72Pg.13) I'x PM.638 (8k.64Pg89) PM.730 (Bk.69Pg.99) PM.668 (8k.64 Pg.99) PM.793 (Bk.72PQ 34) 191 ;t-,-:r , PM.865 tek.72Pq B1) _ PM. 2695(107/51) P.M.1693 (Bk.B8Pg56) ;y d� P.M. 1653 lek 89 Pq 4u P M. 1828 )B k 89 Pg 93) j t•• t4,:•l 2755 ie « -t�� • P M. 2966 I"i 71 • • •s •S'' ..;'': �7 _. • ' .•0 195 • q • • Md�p N Pow 4, .t • �.• 198 i a ....,._. 1w ); ; .• 2765 f' / 1 _ f ' \:::§6 f/� o �2a r%.=�ci z 24 IIt 4t, • C)Y \ 26 o03. � 2756 Tom. ,Ls 8 ►q' I,r �r \�,�, .fir pdp�/ �, ^ . .to Z '!�\ \ ,� �� lV - CWnrr'Gl r . k ' \ of ,..-,,,Ibt• s ---4.55 . - "". •' - • " % t C51 rr'�� .rr' Snc 16 P M f -R e �4� 1 I �, y, /3. �`i Q far 'e+t_ r• t @ i • d..e./. 9 �6G��rs /�°� M11 i N +• fit. `�Y:''�ypQ�"r.. s. j{7 �� +� r ; '� c Act S C17:. OO fit, opt 01',��.• f` _slJ�' .. i , ,m • p ��a.r®.� .. 'r \ �p° r ,, ,�f 3.06ac 1 ' .r g. `� .o r-. A 1 IS . 1. 1l i ✓w /a / a,r � � , .y 79Ac • to Vim' NA a•V�� Or To I 550 RECEIVED .�_ �- .� /0.64Ac., .is S v M.' FEB 131990 "gip `g . � „- DUBLIN PLANNING /•. Q • f�} C`UI • :� 4 14• ACM 47 REFERENCE:P.M.777(8k.72Pq.Nl ROL738(811.e9Pg a 1 Caw2-17-5 • ' ATTAcHmENT CITY OF DUBLIN MEMORANDUM Date: March 5, 1990 RECEIVED MAR - 6 1990 To: Carol Cirelli, Associate Planner, via lt. ROSE DUBLIN PLANNING From: Sgt. DiFranco #534 Subject: Installation of Chiropratic office as part of Medina's Gym On it's face, although an unusual pairing, there is no reason to expect a police impact because of the addition of a chiropractor to the gymnasium setting. There is, however, a history of drug usage and possession for sales by the owner cf Medina's. He was investigated at this and his Hayward gym and found to be in possession of illegal steroids at Hayward. He has since been convicted on drug charges. There is a concern that a chiropractor on site will possess and dispense drugs to patrons. I do not know if prescription drugs are kept on site as standard practice by chiropractors. If this is in fact the case, I would be suspicious of the true function of Dr. BEAM. His association with this Gym may be an attempt by Mr. Medina to mask the furture possession of drugs. If illegal steroids are kept under the cover of licensed prescription medications at a licensed facility, they will be very hard to detect. I know that legal steroidal medications are used to treat joint and soft tissue ailments. The question is, will Dr. BEAM keep any prescription medications on site? If this is the case, Dublin Police Services would object to this arrangement given this history and convictions of Mr. Madina. L Clh.� �•, ATTACHMENT �. � . ./1-ry P�,�-a-u• -� - ate", , • C'-. TM, ^ 19 " j CITY OF DUBLIN � PO.Box 2340,Dublin,California 94568 City Offices,100 Civic Plaza,Dublin,California 94568 1/Ir APPLICATION REFERRAL LETTER Date: February 20, 1990 RECEIVED MAR -6 1990 Re. Planning Application #: PA 90-011 Medina's Gym DUBLIN PLANNING Finance Control #: N/A Project/Site Address: 6735 Sierra Court Assessor Parcel Number(s): 941-205-1-46 TO: Lee Thompson - Public Works Director Vic Taugher - Building Official James Rose - Police Services Harold Ritter - Dougherty Regional Fire Authority FROM: Carol Cirelli, Associate Planner PROJECT DESCRIPTION: Conditional Use Permit renewal request for health spa with new chiropractic space. ATTACHED FOR YOUR REVIEW ARE: 1. Project Description 2. Site Plans 3. Floor Plan 4. Sign Information PLEASE RETURN THIS FORM WITH COMMENT TO DUBLIN PLANNING BY: March 6, 1990 --1-14S DCps- 'U-T- lie (NO OfSjcCTdV'>1.D 114/S Qpc-?.sc-C-1r, t moo er,..Sur i non Elcs\ CC:b z i nspc-e-n r P u -pc ES c i i„ka\ `TI44- pedliLar is CC I-crE. ALL r ra - P2x:rccren Must 11 Administration(415)833-6650•City Council(415)833-6605•Finance(415)833-6640•Building Inspection(415)833-6620 Code Enforcement(415)833-6620 • Engineering(415)833-6630 • Planning(415)833.6610 Police(415)833.6670 • Public Works(415)833-6630 • Recreation(415)833-6645 • RESOLUTION NO. 85- 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING CONCERNING PA 85-032 BEDFORD PROPERTIES PLANNED DEVELOPMENT REZONING WHEREAS, Greg Erickson, representing Bedford Properties, filed an application for a PD Rezoning to allow industrial business park uses and a sign program at the northeast corner of Sierra Court and Sierra Lane (APN 941-205-1-46) WHEREAS, the Planning Commission did hold a public hearing on 5/20/85, 6/3/85 and 6/17/85; and WHEREAS, the Planning Commission on 6/17/85 recommended the PD be approved; and WHEREAS, the City Council did hold a public hearing on said application on 7/22/85; and WHEREAS, proper notice of said public hearings was given in all respect as required by law; and WHEREAS, a Staff report was submitted recommending that the application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above setforth; and WHEREAS, the City Council finds the rezoning is consistent with the General Plan. WHEREAS, the City Council finds that the rezoning will not have a significant environmental impact; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing land uses and it will not overburden public services; and WHEREAS, the rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement; NOW THEREFORE, be it resolved that the City Council does hereby approve the Planned Development Rezoning request subject to the following conditions and general provisions: 1. All uses shall be consistent with the intent of the Business Park Industrial area as specified in the adopted General Plan for the City of Dublin: Business Park/Industrial. Uses are non-retail businesses (research, limited manufacturing and distribution activities, and administrative offices) that do not involve heavy trucking or generate nuisances due to emissions, noise, or open uses. Residential uses are not permitted. Maximum attainable ratios of floor area to site area (FAR) are controlled by parking and landscaping requirements and typically result in .35 to .40 FAR's. Examples: Clark Avenue; Sierra Court. 2. All uses shall be consistent with the intent of the M-1 Zoning Ordinance as specified in Section 8-51.0: ATIACHMENT 3 8-51.0 LIGHT INDUSTRIAL DISTRICTS: INTENT. Light Industrial Districts, hereinafter designated as M-1 Districts, are established to provide for and encourage the development of light industrial, manufacturing and processing uses in areas suitable for such uses, and to promote a desirable and attractive working environment with a minimum of detriment to surrounding properties. 3. All uses shall be consistent with the M-1 Performance Standards as specified in Section 8-50.0 of the Dublin Zoning Ordinance and every other M-1 zoning regulation unless said regulation is specifically superseded by a provision of this Planned Development Rezoning. 4. All uses shall be consistent with the Final Action Letter for PA 84-058, Bedford Properties Site Development Review on file with the Dublin Planning Department. 5. All uses shall be permitted only if they meet the intent of the PD Rezoning. 6. The following uses shall be considered permitted uses: a) Manufacturing, research assembly. Testing and repair of components, devices, equipment and system and parts, such as but not limited to the following examples: Coils, tubes and semiconductors, communication devices, data processing equipment and systems, graphic, art equipment, metering and measuring devices, optical devices, scientific and mechanical instruments, testing equipment. b) Manufacturing and/or assembly of the following or similar products: Automobile and parts, electrical appliances, heating and ventilating equipment, machinery and machine tools, musical instruments, optical goods, sheet metal products, shoes, sporting goods, toys, trailers and trucks. c) Industrial support and service facilities including, but not limited to: repair and maintenance of appliances or component parts; tooling; printers; testing shops; copying; photo engraving; etc. d) Uses primarily engaged in research activities, including, but not limited to: research laboratories and facilities, development laboratories, and compatible light manufacturing related to the following examples: bio-chemical, film and photography, medical and dental, pharmaceutical and x-ray. e) Warehousing and distribution-type industrial uses (not including the storage of radioactive material, fuel, flammable liquids or involving excessive traffic in trailer-type trucks), including, but not limited to: paper products, office supply, assembly components, medical supplies, construction supplies, electronic parts, etc. f) Sales at wholesale or sales to the ultimate consumer of products made on the premises, including, but not limited to: machine tools, computer components, robots, trucks, trailers, data processing equipment, phone systems, communications systems, navigation control, transmission equipment, control equipment, systems guidance equipment. g) Blue printing, photostating, photo engraving, printing, publishing, book binding. 7. The following uses shall be permitted only after receiving written zoning approval from the Dublin Planning Department: r. . business offices and • tive , rofessional► use (actuallto . Administrative , ermitted a) with an but not limited associated including , sales andment , remises) consultants, develop located oservice officeSr research and business rofesisclT any office used in use . design a alytical , s ecific serviCer . general or P scientific andth any allowed unction similar uses con? ermitted cafe , restaurant any of the P b) Cafeteria► or incidental to accessory with uses . associated with business c) park/industri Any otheral usesuses typi. cally the PD ossibly meet the intent of unable to that could p Administrator is the 8 Any use Zoning h r but for which the may be considered rezoning , required findings ,make the req rocess . This Conditional Use Permit p ermitted. rehensive listing ; other e specific uses compl not are also 9 . The following p list of prohibited uses is not a uses which do not meet the intent of the PD Rezoning prohibited: business or activity a) Noxious or offensive trade, business any lot nor shall become shall shall be carried on, about or uponbe or an anything be done thereupon which may annoyance or nuisance within the property including ation r without limitation disto�lreductionbofegarbage►nsewage, disposal , incineration offal , dead animals , or refuse, animals,rendering, refinery of stockyard or slaughtering o petroleum rfor its useproducts , the premisesje of petroleum (other than b) Oil drilling, oil development, operations , refining, mining operations shall be permitted upon or in any of the lots nor shall oil wells , tanks, tunnels , mineral operations , or shafts be permited upon or in any lots . c) Outside storage d) Animal hospitals or kennels e) Service stations f) Office uses normally and exclusively associated with downtown office districts, including, but not limited to, financial accounting, medical doctors, attorneys, dentist and real estate sales/leasing. 10 . The sign program depicted by House and House ( labelled Exhibit D on file in the Dublin Planning Department ) is established as the sign program for this development . All signs shall be subject to review by the City to ensure adequate sight visibility is maintained and the proper permits are secured. -3- 11. This rezoning shall be subject to the PD District regulations of the Zoning Ordinance, and , in particular, to Section 8-31.2 which provides for Planning Commission review within two years if the PD is not implemented. PASSED, APPROVED AND ADOPTED THIS 22nd Day of July, 1985. AYES: Councilmembers Jeffery, Vonheeder, Moffatt, Hegarty, and Mayor Snyder NOES: None ABSENT: None Mayor AT City Clerk -4-