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HomeMy WebLinkAboutPC Reso05-48 Indoor Rec Facilty CUP RESOLUTION NO. 05 - 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN INDOOR RECREATIONAL FACILITY IN THE LIGHT INDUSTRIAL (M-l) ZONING DISTRICT AND TO PERMIT THE USE OF OFF-SITE PARKING TO HELP FULFILL THE PARKING REQUIREMENT FOR THIS USE AT 6948 SIERRA COURT (APN 941-2756-005) P A 05-029 WHEREAS, Matt Alberti, the Applicant, has requested approval of a Conditional Use Pennit to operate an Indoor Recreational Facility (indoor swimming pool), and to pennit the use of off-site parking to help fulfill the parking requirement this use in the Light Industrial (M-I) zoning district at 6948 Sierra Court; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received July 12, 2005; and WHEREAS, the Applicant has provided an off-site parking agreement to pennit the use often (10) parking spaces located on the property at 6958 Sierra Court; 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 impact and that environmental documents be prepared; and WHEREAS, This project is categorically exempt fTom the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, the Zoning Administrator may hear a request for a Conditional Use Pennit to operate an Indoor Recreational Facility in the M-l zoning district; and WHEREAS, the Zoning Administrator has referred hearing jurisdiction of this item to the Planning Commission; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on August23,2005;and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. G:\PA#\2005\05-029 Fremont Swim School Center\pc reso 8.23.05.doc NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and detenninations. A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because it is located within an existing building and the existing on and off-site parking is adequate to serve the existing, proposed and future uses. B. The proposed 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 and will not be injurious to property or improvements in the neighborhood because the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts, including requiring hazardous materials to be stored in compliance with the California Fire Code and the Alameda County Department of Environmental Health Certified Unified Program Agency (CUPA, including submitting a Hazardous Materials Business Plan (HMBP).. C. The proposed use, under all circumstances and conditions of this pennit, will not be injurious to property or improvements in the neighborhood because the proposed use will be operated completely within an existing and enclosed building. 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 because the proposed use will be operated completely within an existing building that is serviced by all appropriate utilities and infTastructure. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the existing roadway network leading to the site and the availability of existing on and off-site parking is adequate to serve the proposed use. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and perfonnance standards established for the Light Industrial (M-I) zoning district. G. The approval of this Conditional Use Pennit is consistent with the Dublin General Plan and will provide a service to the community that is consistent with the intent of the IndustriallBusiness Park General Plan Land Use designation. BE IT FURTHERED RESOLVED THAT the City of Dublin Planning Commission does hereby find the following requirements for off-site parking can be met: A. The Conditional Use Pennit findings can be made. B. The most distant parking space fTom a non-residential use type is not more than 400 feet from the use. The proposed off-site parking spaces are located a maximum of 300 feet fTom the project site. C. An Off-Site Parking Agreement has been executed to assure that the required parking spaces are provided to the principle use for the life of the agreement. D. The parking lot site is not located in a residential zone because it is located in the Light Industrial zoning district. 2 E. The parking lot site is not within a road easement or private street. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve P A 05-029 The Fremont Swim School Conditional Use Pennit to operate an Indoor Recreational Facility located at 6948 Sierra Court, APN 941-2756-005 and pennit the use of off-site parking spaces to satisfy the parking requirement. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Pennit: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building pennits or establishment of use, 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 Administration/City Attorney, rFINl Finance. rFl Alameda Countv Fire Department, rDSRSDl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL CONDITIONS 1. Permit Validity. Approval of this Conditional Use Permit PL On-going Standard shall be valid for one year from the effective date. This approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 2. Revocation. The Conditional Use Pennit will be revocable PL On-going Standard for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the tenns or conditions of this approval shall be subject to citation and possible revocation. 3. Compliance. The Applicant/Property Owner shall develop PL On-going Standard this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Pennit and the regulations established in the Zoning Ordinance. Any violation of the tenns or conditions specified may be subject to enforcement action. 4. Honrs of Operation. Activities of the Fremont Swim PL On-going CUP School shall be limited to the activities listed on the Applicant's Written Statement dated received on May 4, 2005. Any other events and activities proposed by the school shall first be subject to review by the Community Develonment Director. 5. Outdoor Events. Any outside events shall be subject to the PL On-going Standard Temporary Use Pennit requirements contained in the City of Dublin Zoning Ordinance. 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 6. Parking. Applicant to provide a total of 29 on and off-site PL Prior to CUP parking spaces for the existing and proposed use at the Issuance of a project location. Off-site parking spaces are to be provided Building at 6958 Sierra Court. The Applicant shall have an off-site Pennit/ parking agreement with the current property owner at 6958 On-going Sierra Court prior to issuing a Building Pennit for tenant improvements and shall maintain such an agreement for the duration of this Conditional Use Pennit. In the event that the adjacent property at 6958 Sierra Court is sold or the use intensifies while this Conditional Use Pennit remains valid, the school will be required to replace any off-site parking that is lost in kind, or reduce the occupancv accordinglv. 7. Parking. The Applicant shall post signs in the parking lot at PL On-going CUP the project site, to the satisfaction of the Community Development Director, directing overflow parking to the lot at 6958 Sierra Court 8. NoiselNuisance. The Applicant shall control all activities on PL On-going CUP the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be pennitted to project or be placed outside the building. 9. Signs. Any signage on site shall be subject to the sign PL On-going Standard requirements contained III the City of Dublin Zoning Ordinance. 10. Food Preparation. No cooking or other food preparation PL On-going CUP that would reqUire the approval of Alameda County Environmental Health Services is hereby approved. In the event that food preparation is desired, the Applicant shall submit a written request, subject to review and approval by the Community Development Director. The Applicant will also be required to receive proper approval by Alameda County Environmental Health Services prior to commencing food oreparation. 11. Minor amendments. Modifications or changes to this PL On-Going CUP Conditional Use Pennit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 12. Fees. The Applicant shall pay all applicable fees in effect at B Issuance of Standard the time of building pennit issuance, including, but not Building limited to, Planning Fees, Building Fees, Dublin San Ramon Pennits Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District 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. When and if applicable and customary, credits shall be applied for existing improvements. 13. Property Maintenance. The property shall be maintained in B On-going Standard accordance with Section 5.64, Property Maintenance of the Dublin Municipal Code. 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 14. Building Codes and Ordinances. All project construction B Through UBC shall conform to all building codes and ordinances in effect Completion at the time of building pennit. 15. Building Permits. To apply for building pennits, the B Issuance of Standard Applicant shall submit five (5) sets of construction plans to Building the Building Division for plan check. Each set of plans shall Pennits 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 participating non-City agencies prior to the issuance of building pennits. 16. Construction Drawings. Construction plans shall be fully B Issuance of Standard dimensioned (including building elevations) accurately drawn Building (depicting existing and proposed conditions on site), and Pennits 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 Plan and details shall be consistent with each other. 17. Addressing. Address will be required on all doors leading to B Occupancy Standard the exterior of the building. Addresses shall be illuminated and. be able to be seen from the street, 5 inches in height minImum. 18. Accessibility. Due to the change of Occupancy type of the B Occupancy/ CUP tenant space, the tenant improvement and the site shall be On-going made to meet the accessibility requirements oftitle 24 part 2 of the California Code of Regulations. No hardship aporovals mav be granted. 19. Occupancy Limit. The occupancy of the tenant space shall B/F On-going CUP be restricted to less than 50 persons. An occupancy sign shall be posted in the lobby entrance way and at other locations as detennined by the Fire Marshal. 20. Exiting. The warehouse shall be provided with a direct exit. B Occupancy CUP All exits shall be accessible and lead to the public way as required in the California Building Code. 21. Provide a one hour occupancv senaration for the pool equipment. B Occupancy CUP 22. Exitin\!. Provide an exit at the farthest west portion of the space. F Occupancy CUP 23. Stora!!e. No high niled storage is nennitted in the space. F On-going CUP 24. Hazardous Materials. Any hazardous materials (pool chemicals) F On-going CUP shall be in compliance with the California Fire Code and Alameda County Department of Environmental Health Certified Unified Program Agency (CUP A), including submitting a Hazardous Materials Business Plan (HMBP). 25. Exit signs and emergency lighting shall be provided as F Issuance of CUP required by the CBC Chapter 10. Building Pennits 5 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 26. If key locking hardware is used on the main door, provide a F On-going Standard sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS". Otherwise the exit doors shall be openable ftom the inside without special knowledge or effort and have lever or panic hardware (nanic hardware from the assembly area). CBC 1003.3.1.8. 27. Provide 2A IOBC fire extinguishers, in locations approved by the F Occupancy/ CUP Fire Department, in the space. An approved sign in accordance with On-going the Uniform Fire Code shall be conspicuously posted above the extin"lIisher. CFC 1002 28. A Knox box shall be provided at the main entry door. The F On-going Standard Knox box shall contain a key that provides access to the tenant space. Order fonns for the lock box are available at the Fire Prevention office at the address above. The key can be placed in the box during the Fire Denartment insnection. 29. Approved numbers or addresses shall be placed on the tenant F On-going Standard space in such a position as to be plainly visible and legible ftom the street or road ftonting the property. Said numbers shall be nlaced on a contrasting background. CFC 914.4.4. 30. The project shall comply with Unifonn Building and Fire F Final Standard Codes as adonted by the City of Dublin. 31. Provide an accessible concrete walkway from the public PW Occupancy Standard sidewalk on Sierra Court to the building entrance per California Building Code requirements. Said walkway shall be 4' minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossings. Note that minor adjustments to the existing landscaping and irrigation systems will be necessary to install the walkway. 32. Applicant shall provide adequate disabled parking stalls with PW Occupancy Standard at least one "Van Accessible" stall. Please assure that the pavement slopes do not exceed 2% in any direction. All required disabled stalls should meet the current Title 24/ADA standards. 33. Provide photometric calculations for the existing parking lot PW Issuance of Standard and around the building that demonstrates a minimum foot- Building candle lighting level of not less than 1.0 at the ground surface Pennits for the adjacent parking area; ifthis cannot be verified I provide additionallil!hting where necessary. 34. Applicant should repair any distressed areas of pavement PW Occupancy Standard within the existing parking field, then seal and re-stripe the I parking field. 35. The Applicant shall comply with all applicable City of PO On-going CUP Dublin Non Residential Securitv Ordinance requirements 6 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 36. All entrances to the parking areas shall be posted with PO On-going CUP appropriate signs per Sec. 6.04.200 of the City of Dublin Municipal Code, to assist in removing vehicles at the property owner's/manager's request. 37. The Applicant shall keep the site clear of graffiti vandalism PO On-going CUP on a regular and continuous basis at all times. 38. The Applicant shall work with the Dublin Police on an PO On-going CUP ongoing basis to establish an effective theft prevention and securitv program. 39. A "Business Site Emergency Response Card" shall be filed PO Issuance of Standard with the Police Department commencing with the initial Building phases of construction. Current infonnation shall be Pennit maintained until the completion of the project. 40. Prior to issuance of any building pennit, complete DSRSD Issuance of Standard improvement plans shall be submitted to DSRSD that Building confonn to the requirements of the Dublin San Ramon Pennits Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies 41. Prior to issuance by the City of any Building Permit or DSRSD Issuance of Standard Construction Pennit by the Dublin San Ramon Services Building District, whichever comes first, all utility connection fees Pennits including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge pennit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 42. No sewer line or waterline construction shall be pennitted DSRSD Issuance of Standard unless the proper utility construction pennit has been issued Building by DSRSD. A construction pennit will only be issued after Pennits all of the items in Condition No.9 have been satisfied. 43. The Applicant shall hold DSRSD, its Board of Directors, DSRSD On-going Standard commissions, employees, and agents of DSRSD harmless and indemnifY and defend the same ftom any litigation, claims, or fines resulting ftom the construction and completion of the project. PASSED, APPROVED AND ADOPTED this 23,d day of August 2005. AYES: Schaub, Biddle, Wehrenberg, Fasulkey, King NOES: ABSENT: ABSTAIN: 7 ATTEST: Planning Manry.- Ø5J~1 Planning Commission Chairperson 8