HomeMy WebLinkAboutPC Reso06-01 05-048 Indoor Recreational Facility
RESOLUTION NO. 06 - 01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN INDOOR RECREATION
FACILITY FOR TRI- VALLEY BASEBALL ACADEMY LOCATED AT 6800 SIERRA COURT,
SUITE N (APN 941-0205-039-03)
PA 05-048
WHEREAS, the Applicants, Kim Eppard and Jason Sekany, have requested a Conditional Use
Permit to establish an Indoor Recreation Facility located at 6800 Sierra Court, Suite N; and
WHEREAS, an Indoor Recreational Facility is a use that is conditionally permitted in a M-l (Light
Industrial) Zoning District; and
WHEREAS, the General Plan land use designation for the project site is Business ParklIndustrial;
and
WHEREAS, the parcel is currently occupied by a light industrial building comprised of warehouse
uses, indoor recreational uses and ancillary office space; and
WHEREAS, the conditions of approval recommended for this project will ensure that the project is
compatible with surrounding uses and tenants; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on,
January 10, 2006; 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, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301, Class 1 (Minor Alteration of Existing
facilities); 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.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does
hereby find that:
A. The proposed use, as conditioned, is compatible with other land uses, transportation and service
facilities in the vicinity, in that it will be located in a building with an existing indoor recreation
facility and will be in close proximity to other approved indoor recreational facilities on Sierra Court.
The new facility will be located within an existing building where the existing on-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, in that all
recreational activities will be conducted within the enclosed building and will not create any
recognizable negative impacts. Additionally, the facility will be required to conform to current
building and safety requirements in order to obtain a building permit.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood, in that all recreational activity will be conducted within the enclosed building and will
be compatible with surrounding uses.
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, in that the proposed use will be operated completely within an existing building
that is serviced by all appropriate utilities and infrastructure.
E. The subject site is physically suitable for the type, density and intensity of the use being proposed, in
that the existing site is already developed and is an adequate size to accommodate the use and the
required on-site parking.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is located, as the
Zoning Ordinance allows Indoor Recreation Facilities as a conditional use in the Light Industrial
Zoning District and conditions of approval have been applied to the project to ensure on-going
compatibility with surrounding land uses.
G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and will
provide a service to the community that is consistent with the intent of the Industrial/Business Park
General Plan Land Use designation, which calls for non-retail businesses that do not involve heavy
trucking or generate nuisances due to emissions, noise or open uses.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve P A
05-048 Conditional Use Permit to allow the establishment of an indoor recreation facility within an
approximately 11,520 square foot existing lease space located at 6800 Sierra Court, Suite N, APN 941-0205-
039-03, as depicted in the project plans, stamped approved and on file with the Community Development
Department.
The project approval shall be subject to compliance with the following conditions:
2
C<>>IDI1lON TEXT
RE8PON.
AGENCY
;. . . ..>...
~ENERAL ,...CONl\llTiONAL.Ugj>I!;{Q1lT>.>.
1. Pennitted uses. The Conditional Use Pennit approved for this PL
site is for an Indoor Recreation Facility (P A 05-048) in an
11,520 square foot space comprised of a reception/viewing
area, a skills development area (hitting, fielding and
pitching), a small office, and two restrooms. No other uses
other than those described herein and shown on the project
plans are permitted as part of this project approval.
2. Permit Expiration and Time Extension. Approved use shall PL
commence or demonstrate substantial progress toward
commencement within one (I) year of CUP approval.
Otherwise, the CUP shall lapse and become null and void, in
which case a new application must be made and processed. The
original approving decision-maker may grant a time extension
for a period no longer than six (6) months given that the
Applicant submits a written request for an extension of approval
prior to expiration and that any Conditions of Approval remain
adequate to assure that applicable findings of approval will
continue to be met. Disputes over pennit expiration and time
extension requests may be publicly noticed and heard before the
City Council.
3. Approval Period. This Conditional Use Pennit approval shall PL
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-vear period.
4. Annual Review. On an annual basis, this Conditional Use PL
Permit approval may be subject to a review by the Planning
Manager to determine compliance with the Conditions of
Approval.
5. Revocation. This pennit shall be revocable for cause m PL
accordance with Dublin Zoning Ordinance Section 8.96.020.1,
Revocation. Any violation of the terms of the terms and
conditions of this pennit may be subject to the issuance of a
citation.
6. Minor amendments. Modifications or changes to this PL
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 Zonin!! Ordinance.
7. Property Maintenance. The Applicant and/or Property Owner PL
shall keep the property maintained in a safe, clean, and litter-
free condition at all times.
8. Graffiti. The Applicant and/or Property Owner shall keep the PL
site clear of graffiti vandalism on a regular and continuous
basis at all times. Graffiti resistant materials should be used.
9. Nuisance. The Applicant shall control all business activity so PL
as not to create a public or private nuisance to the existing and
surroundin!! businesses and residents.
3
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One year
from date of
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On-going
On-going
~
Planning
DMC
8.96.020.D
andE
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Planning
DMC
8.96.020.1
DMC
8.100.080
DMC 5.64
DMC 5.68
DMC
5.28.020
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CONDITION;'I'EXT .
" BESPO'N.
AGENCY
10.
........ .........
Noise. Loudspeakers shall be controlled at a low level as so not PL, PO
to create a public or private nuisance to the existing and
surrounding businesses and/or residential neighborhoods. No
amplified music shall be allowed outside the enclosed
buildinl!s.
Temporary Promotional Banners and Balloons. Temporary PL
Promotional Banner Signs and Balloons shall only be pennitted
after first securing an approved Temporary Promotional Sign
Pennit. Any signage on site shall be subject to the sign
reauirements contained in the Citv of Dublin Municipal Code.
Signage. No permanent signage is pennitted as part of this PL
application. No temporary signs are pennitted on the site
without the approval of a Zoning Clearance. Any temporary
sign must be in conformance with the Sign Regulations of the
Dublin Municipal Code, and in particular, Section 8.84.050(T).
Outdoor Events. Any outside events shall be subject to the PL
Temporary Use Pennit requirements contained in the City of
Dublin Municipal Code, specificallv Section 8.108.020.
lROJECT.SpECIFIC .;;,.CONDITIONALUSE.PERMIT
Hours of Operation. The approved hours of operation shall be PL
as follows:
September I - June 15
Weekdays: 3:30 p.m. - 9:00 p.m.
Weekends: 8:00 a.m. - 9:00 p.m.
Holidays: 8:00 a.m. - 9:00 p.m.
June 16 - August 31
Weekdays: 8:00 a.m. - 9:00 p.m.
Weekends: 8:00 a.m. - 9:00 p.m.
Holidavs: 8:00 a.m. - 9:00 p.m.
Parking. Per the City of Dublin Off-Street Parking and Loading PL
Regulations, the proposed indoor recreational use is not
specifically defined; therefore the number of parking spaces
required shall be per CUP. A minimum of II parking spaces
shall be provided for the Indoor Recreational Facility and shall
be maintained on an on-l!oinl! basis.
Tenant space. The tenant space shall be used In the PL
manner represented in application plans, written statements
and other documents.
BUILDING DIVISION
Fees. The Applicant shall pay all applicable fees in effect at
the time of building pennit issuance, including, but not limited
to, Planning Fees, Building Fees, Dublin San Ramon 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.
Building Codes and Ordinances. All project construction
shall conform to all building codes and ordinances in effect at
the time of building pennit.
11.
12.
13.
14.
15.
16.
17.
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18.
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Priorlo; " .
On-going DMC 5.28
On-going
On-going
On-going
.
On-going
On-going
On-going
.. ... .
Issuance of
Building
Pennits
Through
completion
DMC
8.84.050
DMC
8.84.150
DMC
8.108.020
.
Planning
Planning
Planning
.
Standard
Building
CONDITION TEXT
RESPON.
AGENCY
. ...... ......
19. Building Permit. To apply for building pennits, B
ApplicantJDeveloper shall submit eight (8) sets of construction
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 be or have been complied with.
Construction plans will not be accepted without the annotated
resolutions attached to each set of plans. ApplicantJDeveloper
will be responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance of building
permits.
20. Construction Drawings. Construction plans shall be fully B
dimensioned, (including building elevations) accurately drawn,
(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 plan and details shall be consistent with each
other.
21. Air Conditioning Units. Air conditioning units and ventilation B, PL
ducts shall be screened from public view with materials
compatible to the main building. Units shall be permanently
installed on concrete pads or other non-movable materials to be
approved by the Building Official and Director of Community
Development. Air conditioning units shall be located such that
one side that is used for their pedestrian access and egress that
has an unobstructed width of not less than 36 inches. Air
conditioning units shall be located in accordance with the PD
text.
22. Addressing. Provide proposal for display of addresses. This is B
to be secured in the field and ready for view/acceptance prior to
final. Addresses will be required on front ofbuilding(s) and
rear.
23. Engineer Observation. The Engineer of record shall be B
retained to provide observation services for all components of
the lateral and vertical design of the building and other
requirements as applicable, including nailing, hold downs,
straps, shear, roof diaphragm and structural frame of building.
A written report shall be submitted to the City Inspector prior to
scheduling the final frame inspection.
24. Green Building Guidelines. To the extent of being practical, B
the applicant shall incorporate Green Building Measures. Green
Building plans shall be submitted to the Building Official for
review.
25. Cool Roofs. Flat roof areas shall have their roofing material B
coated with light colored gravel or painted with light colored or
reflective material designed for Cool Roofs.
5
W~IIllN
~
Issuance of
Building
Pennits
Issuance of
Building
Permits
Occupancy of
Unit
Occupancy of
Unit
Final Frame
Inspection
Through
Completion
Through
Completion
SOURCE
Building
Building
Building
Building
Building
Building
Building
.... ... CONDI1lON TEXT .... '" RESt>OI!i. .W~t1 SOURCE
AGENCY . ..IlEQ1D ;...
..; .'. '.; ". .... .. tIilor to:
26. Electronic File. The applicant/developer shall submit all B Issuance of Building
building drawings and specifications for this project in an Final
electronic format to the satisfaction of the Building Official Occupancy
prior to the issuance of building permits. Additionally, all
revisions made to the building plans during the project shall be
incorporated into an "As Built" electronic file and submitted
prior to the issuance of the final occupancv.
27. Accessible Parking at Garages. All accessible parking will be B Issuance of Building
required per applicable codes and amendments at the time of Building
pennit issuance. Pennit
28. Accessible routes throughout the project. All accessible B Issuance of Building
routes including ramps and loading zones throughout the project Building
will be required per applicable codes and amendments at the Pennit
time of permit issuance.
.' .. ;.. . FIRE PREVENTION DIVISION ...
29. Address. Approved address numbers shall be placed on the F On-going Fire
building in such a position as to be plainly visible and legible
from the street or road fronting the property. Said numbers
shall be placed on a contrasting background.
30. Knox Box. Knox boxes are required at the entrance to the space. F On-going Fire
31. Code Compliance. The space shall be in compliance with the F On-going Fire
Buildinl! and Fire Codes as adopted bv the Citv of Dublin.
32. Occupancy. The maximum occupancy load in the space shall not F On-going Fire
exceed 29 as the exits in the space do not meet half the diagonal
of the space.
PUBLIC WORKS .
33. Lighting. Provide photometric calculations for the PW Issuance of Standard
existing parking lot and around the building that Building
demonstrates a minimum foot-candle lighting level of not Permits
less than 1.0 at the ground surface for the adjacent parking
area; if this cannot be verified provide additional lighting
where necessary.
. DSRSD;(DUBLIN.SAN'RAMONSERVIcESDlSTRICT) .... ...
34. Standard facilities. Prior to issuance of any building permit, DSRSD Prior to DSRSD
complete improvement plans shall be submitted to DSRSD that issuance of
conform to the requirements of the Dublin San Ramon Services any building
District Code, the DSRSD "Standard Procedures, Specifications permit
and Drawings for Design and Installation of Water and
Wastewater Facilities", all applicable DSRSD Master Plans and
all DSRSD policies.
35. Fees. Prior to issuance by the City of any Building Permit or DSRSD Prior to DSRSD
Construction Permit by the Dublin San Ramon Services District, issuance of
whichever comes first, all utility connection fees including any pennit
DSRSD and Zone 7, plan checking fees, inspection fees,
connection fees, and fees associated with a wastewater discharge
permit shall be paid to DSRSD in accordance with the rates and
schedules established in the DSRSD Code.
6
CONDITION'l'EXT
36. Improvement Plans. Prior to issuance by the City of any
Building permit or Construction Permit by the Dublin San Ramon
Services District, whichever comes first, all improvement plans
for DSRSD facilities shall be signed by the District Engineer.
Each drawing of improvement plans shall contain a signature
block for the District Engineer indicating approval if the sanitary
sewer or water facilities shown. Prior to approval by the District
Engineer, the applicant shall pay all required DSRSD fees, and
provide an engineer's estimate of construction costs for the sewer
and water systems, a performance bond, a one-year maintenance
bond, and a comprehensive general liability insurance policy in
the amounts and forms that are acceptable to DSRSD. The
applicant shall allow at least 15 working days for final
improvement drawing review by DSRSD before signature by the
District En ineer.
37. Construction Permit. No sewer line or water line construction
shall be pennitled unless the proper utility construction permit has
been issued by DSRSD. A construction permit will only be
issued after all of the items in Condition number 42 (above) have
been satisfied.
38. Indemnification. The applicant shall hold DSRSD, its Board of
Directors, commissions, employees, and agents of DSRSD
hannless and indemnify and defend the same from any
litigation, claims, or fines resulting from the construction and
com letion of the ro'ect.
RESPON.
AGIilNcY,
DSRSD
DSRSD
DSRSF
PASSED, APPROVED, AND ADOPTED this 10th day of January 2006.
A YES: Chair Schaub and Commissioners Fasulkey, King, Wehrenberg
NOES:
ABSENT: Commissioner Biddle
ABSTAIN:
PI~~::::Chairperson
ATTES~,' .
PIZ:~)-
G:\PA#\2005\05-048 Baseball Academy\Oraft reso.doc
7
Prior to
issuance of
any permit
On-going
On-going
SOURCE
DSRSD
DSRSD