HomeMy WebLinkAboutPC Reso06-02 05-050 Spotlight Arts Academy CUP
RESOLUTION NO. 06 - 02
A RESOLUTION OF THE CITY OF DUBLIN
PLANNING COMMISSION
RECOMMENDING THAT THE CITY OF DUBLIN PLANNING COMMISSION APPROVE A
CONDITIONAL USE PERMIT TO ALLOW SPOTLIGHT ARTS ACADEMY IN THE M-l
(LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 6979 SIERRA COURT
(APN 941-0205-034-01)
P A 05-050
WHEREAS, the Applicant, Naja Gentry has requested a Conditional Use Permit to operate the
Spotlight Arts Academy at 6979 Sierra Court, APN 941-0205-034-01, in the M-l (Light Industrial)
Zoning District; and
WHEREAS, the proposal includes an approximately 3,062 square foot space within an existing
Light IndustriallWarehouse Building; 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 held a public hearing on said application on January 10,
2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; 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 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 Dublin Planning Commission does
hereby find that:
A. The proposed Recreation FacilitylIndoor use and related structures is compatible with other
land uses, transportation and service facilities in the vicinity, in that 1) the proposed Indoor
Recreational Use is compatible with other approved Indoor Recreation Facilities on Sierra
Court; 2) Section 8.12.050 states that a Recreational FacilitylIndoor use is permitted in the
M-I (Light Industrial) Zoning District with a Conditional Use Permit; 3) the proposed
location of the facility is in a 3,062 square foot tenant space located in an existing building
and will be in close proximity to other approved indoor recreational facilities on Sierra
Court; and 4) the proposed facility will not be open for instruction until 3:30 p.m. at the
earliest during the week and 10:00 a.m. on Saturday, and will close at 9:30 p.m. or earlier
during the week and 2:00 p.m. on Saturday. Spotlight Arts Academy will be open when
typical businesses in the area are closed and therefore will not have significant impacts on
the adjacent businesses.
B. The proposed recreational facility 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
because the proposed facility will comply with all City of Dublin regulations and will be
located in an existing building.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood because 1) the facility will comply with all City of Dublin regulations; 2) the
recreational facility will be located within an existing building and no exterior
modifications will be required to the building as a result of the proposed use; 3) the
proposed recreational facility is an appropriate use in the light industrial area and will be
compatible with the existing indoor recreational facilities on Sierra Court; and 4) the
typical hours of operation occur in the late afternoon until evening which is typically close
to or after businesses in the area close which have typical hours of operation from 8:00
a.m. until 5:00 p.m., Monday through Friday.
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.
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 is a permitted use when the
required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be
made. Conditions of approval have been applied to the project to ensure on-going
compatibility with surrounding land uses. The proposed indoor recreational facility is
compatible with the existing uses found in the M-l zoning district and therefore meets the
requirements of the Dublin Zoning Ordinance.
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.i
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BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA
05-050, Conditional Use Permit, to allow a Recreational FacilitylIndoor use in the M-l (Light Industrial)
Zoning District subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to review and approval by the City of
Dublin. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon
Services District and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
PLANNING CONDITIONS
1. This Conditional Use Permit approval for PA 05-050 PL Ongoing Standard
is to allow the operation of a 3,062 square indoor
recreational facility at 6979 Sierra Court in the M-l
(Light Industrial) Zoning District. This approval shall
generally conform to the project plans and statements
stamped approved, consisting of a Written Statement,
Site Plan and Floor Plan (received by the Planning
Department on Januarv 4th and Januarv 5th 2006).
2. Hours of Operation. The approved hours of PL Ongoing Planning
operation shall be lirnited to: Monday 3:30 - 9:30
p.rn.; Tuesday 4:30 - 9:30 p.m.; Wednesday 3:30 -
8:30 p.m.; Thursday 3:45 - 9:30 p.m.; Friday 4:15 -
8:00 p.m.; and Saturdav 10:00 a.m. - 2:00 p.m.
3. Permit Expiration and Time Extension. Approved PL One year from DMC
use shall commence or demonstrate substantial date of approval 8.96.020.D
progress toward commencement within one (1) year of andE
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 permit expiration and time extension requests
may be publicly noticed and heard before the Zoning
Administrator.
4. Approval Period. This Conditional Use Permit PL On-going Planning
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-vear period.
5. Annual Review. On an annual basis, this Conditional PL,PO On-going Planning
Use Permit approval may be subject to a review by the
Planning Manager to determine compliance with the
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Pl'l!)r to:
Conditions of Approval.
6. Revocation. This permit shall be revocable for cause PL On-going DMC
in accordance with Dublin Zoning Ordinance Section 8.96.020.1
8.96.020.1, Revocation. Any violation of the terms of
the terms and conditions of this permit may be subject
to the issuance of a citation.
7. Minor amendments. Modifications or changes to PL On-Going DMC
this Conditional Use Permit approval may be 8.100.080
considered and approved by the Community
Development Director, if the modifications or
changes proposed comply with Section 8.100.080, of
the Zoning Ordinance.
8. Property Maintenance. The Applicant and/or PL On-going DMC 5.64
Property Owner shall keep the property maintained in
a safe, clean, and litter-free condition at all times.
9. Graffiti. The Applicant and/or Property Owner shall PL On-going DMC 5.68
keep the site clear of graffiti vandalism on a regular
and continuous basis at all times. Graffiti resistant
materials should be used.
10. Nuisance. The Applicant shall control all business PL On-going DMC
activity so as not to create a public or private nuisance 5.28.020
to the existing and surrounding businesses and
residents.
11. Noise. Loudspeakers shall be controlled at a low level PL,PO On-going DMC 5.28
as so not 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.
12. Temporary Promotional Banners and Balloons. PL On-going DMC
Temporary Promotional Banner Signs and Balloons 8.84.050
shall only be permitted after first secunng an
approved Temporary Promotional Sign Permit. Any
slgnage on site shall be subject to the sign
requirements contained In the City of Dublin
Municipal Code.
13. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC
sandwich-board, pennants, or human-held signs on 8.84.150
the premises is strictly prohibited. Said signs and any
form of off-site advertising signs shall also be
prohibited upon any public property, including City
streets and sidewalks.
14. Outdoor Events. Any outside events shall be subject PL On-going DMC
to the Temporary Use Permit requirements contained 8.108.020
in the City of Dublin Municipal Code, specifically
Section 8.108.020.
15. Parking. Per the City of Dublin Zoning Ordinance, PL On-going Planning
the parking requirements shall be per CUP. Based on
the maximum number of students per class and
number of staff mernbers on site at a time, 14 parking
spaces shall be provided for the Indoor Recreation
Facilitv at all times.
16. Performances. All performances shall be held off- PL On-going Planning
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCYI REQUIRED
DEPART. Prior to:
site.
FIRE DEPARTMENT
17. Based on the information provided, the occupancy is ar F Occupancy/On- Fire
E-Ioccupancy. Based on this occupancy, the followin~ gomg
shall be required:
a) Separate building permit plans shall be
submitted for the change of use.
b) Provide allowable area calculations based or
the new occupancy or show that the accessof)
use in the building are less than 10% of the
building area.
c) Provide a complete one hour occupanc,
separation between the mezzanine, first floo
class room, and first floor office and the storage
area.
d) Exits door in the exit path shall have no lock 0
latch unless it is panic hardware as required bJ
CBC 1007.3.10.
e) Provide a manual fire alarm system per CBC
305.9.1. The system shall be tied into the
existing sprinkler monitoring system.
18. Provide exit signs and emergency lighting for exit path F Occupancy CBC
as required by CBC 1003.2.8. 1003.2.8.
19. If not already provided, Knox boxes are required at the F Occupancy CFC 902.4
main entrance to the space. The Knox Box shal
contain a key that provides access to the tenant space
Order forms for the Knox box are available at the fin
prevention office. It takes 2-3 weeks to receive the bm
after ordering. The key can be placed in the box durin~
the Fire Department inspection.
20. Approved address numbers shall be placed on the space F Occupancy CFC
in such a position as to be plainly visible and legible 901.4.4
from the street or road fronting the property. Said
numbers shall be placed on a contrasting background.
21. Provide 2A1OBC fire extinguishers within 75 fee F Occupancy CFC 1002
travel distance of any porti on of the space. An
approved sign in accordance with the Uniform Fir
Code shall be conspicuously posted above th
extinguisher.
22 The project shall comply with Uniform Building am F On-going Fire
Fire Codes as adopted by the City of Dublin.
PUBLIC WORKS
23. Upgrade the existing disabled parking stall to curren PW Occupancy Public
ADAlTitle 24 standards. Please assure that the Works
pavement slopes does not exceed 2% in any direction.
24. Provide curb-cut from the access aisle from the PW Occupancy Public
parking space in order for a disabled person to have Works
access to the main entrance.
5
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
25. Provide photometric calculation for the eXlstmg PW Issuance of Public
parking lot and around the building that demonstrates Building Permit Works
a minimum foot-candle lighting level of not less than
1.0 at the ground surface for the adjacent parking area;
if this cannot be verified provide additional lighting
where necessarY.
POLICE DEPARTMENT
26. The applicant shall comply with all applicable City of PO On-going Police
Dublin Non Residential Security Ordinance
requirements.
27. The applicant shall comply with City of Dublin PO On-going Police
Business License requirements.
28. The applicant shall insure that minor children remain PO On-going Police
under adult supervision at all times.
29. The applicant shall work with the Dublin Police on an PO On-going Police
ongoing basis to establish an effecti ve theft
prevention and security program.
. The applicant shall schedule a personnel safety
training meeting with the Dublin Police Crime
Prevention Unit prior to the start of business.
30. A "Business Site Emergency Response Card" shall be PO Issuance of Police
filed with the Police Department. Building Permit
BUILDING DIVISION
31. Building Codes and Ordinances. All project B Through UBC
construction shall conform to all building codes and Completion
ordinances in effect at the time of building permit.
32. Building Permits. To apply for building permits, the B Issuance of Building
Applicant shall submit eight (8) sets of construction Building Dept
plans to the Building Division for plan check. Each Permits
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
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 permits.
33. Construction Drawings. Construction plans shall be B Issuance of Building
fully dimensioned (including building elevations) Building Dept
accurately drawn (depicting existing and proposed Permits
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.
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCYI REQUIRED
DEPART. Prior to:
34. Fees. The Applicant shall pay all applicable fees ir B Issuance of Building
effect at the time of building permit Issuance Building Permits Dept
including, but not limited to, Planning Fees, Buildin~
Fees, Dublin San Ramon Service District fees, Public
Facilities fees, Tri Valley Transportation fees
Downtown Traffic Impact Fee, Dublin Unified Schoo
District impact fees, Alameda County Fire Service~
fees, Noise Mitigation fees; Inclusionary Housing in
lieu fees, Alameda County Flood and Wate
Conservation District (Zone 7) Drainage and Wate
connection fees. When and if applicable and customary
credits shall be applied for existinl! imnrovements
PASSED, APPROVED AND ADOPTED this 10th day of January, 2006.
A YES: Chair Schaub and Commissioners Fasulkey, King, Wehrenberg
NOES:
ABSENT: Commissioner Biddle
ABSTAIN:
~g~
Planning Commission Chair
Acti
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