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HomeMy WebLinkAboutPC Reso 08-05 Appv CUP Amndmt for Indoor Rec Facility PA07-044 RESOLUTION NO. 08-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CUP AMENDMENT TO EXPAND AN EXISTING INDOOR RECREATIONAL FACILITY IN THE LIGHT INDUSTRIAL (M-I) ZONING DISTRICT AT 6979 SIERRA COURT (APN 941-0205-'~34-01) PA 07-044 WHEREAS, Naja Gentry, the Applicant, has requested approval of an amendment to an existing Conditional Use Permit to expand the existing Indoor Recreational Facility (dance studio), in the Light Industrial (M-l) Zoning District at 6979 Sierra Court; and WHERAS, on January 10, 2006, the Planning Commission adopted Resolution No. 06-02 approving a 3,062 square foot Indoor Recreational Use within an existing Light lndustriallWarehouse Building at 6979 Sierra Court; and WHEREAS, the proposal includes a 595 square foot expansi:m to the existing Indoor Recreational Use; and WHEREAS, the Indoor Recreational Use requires a total of 16 on-site parking spaces and once operational, based on the existing uses, there will be a surplus of 8 parking stalls on the site; 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 September 5, 2007 and November 5, 2007; 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 from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticec. public hearing on said application on February 26, 2008; 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#\2007\07-044 Spotlight Arts Academy Expansion\PC Reso.doc NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicini~y because 1) the proposed expansion of the dance studio is located in the Sierra Court area which has a wide variety of indus~:rial uses as well as several Indoor Recreational Uses; 2) Chapter 8.08, Definitions includes dance studios/schools under the "Recreational Facility/Indoor" definition; 3) Section 8.l2.050 states that a Recreational Facility/Indoor use is permitted in the M-l (Light Industrial) Zoning District with a Conditional Use Permit; 4) a Conditional Use Permit was approved for the Spotlight Arts Academy on January 10, 2006; and 5) the proposed expansion of the dance studio is in a 595 square foot space located in the existing building and is compatible with the existing and allowed uses of the building. B. The proposed use, as conditioned, will not adversely affect the health or safery of persons residing or working in the viciniry, or be detrimental to the public health, safery and welfare and will not be injurious to properry or improvements in the neighborhood because 1) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the area; and 2) the proposed expansion of th,~ dance studio will comply with all of the City of Dublin regulations. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to properry or improvements in the neighborhood because 1) the proposed expansion of the dance studio will comply with all City of Dublin regulations; 2) the dance studio will be located in an existing building and no exterior modifications will be required to the building; and 3) the typical hours of operation occur in the late afternoon until evening which typically occurs after the business in the building is closed which typically operate from 8:00 a.m. to 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, safery, and welfare because 1) the proposed use will be operated completely within an existing building that is serviced by all appropriate utilities and infrastmcture; and 2) the area was designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the area. E. The subject site is physically suitable for the rype, densiry and intensiry of the use and related structures being proposed because 1) 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; 2) the dance studio will be located in an existing Light Industrial building which was designed to support a variety of uses; and 3) the proposed dance studio expansion is 595 square feet and is located in a portion of an existing building that is 71,281 square feet and therefore will not dominate the available square footage of the building. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Light Industrial (M-J) zoning district because 1) conditions of approval have been applied to the project tc. ensure on-going compatibility with surrounding uses; 2) the proposed use is a Conditional Use in the M-1 (Light Industrial) Zoning District and is permitted when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 3) Section 8.76.080.D outline:; the parking requirements for "Indoor Recreational Uses" and as required by Chapter 8.76, Off-Street Parking and Loading Regulations, the 2 total number of required parking stalls shall be per the CUP; 4) the proposed dance studio expansion is compatible with the existing uses found in the area and therefore meets the requirements of the Dublin Zoning Ordinance; and 5) the proposed use is consistent with the intent of the M-1 (Light Industrial) Zoning District as defined by Chapter 8.28 because the proposed dance studio is small in size, meets the needs of residents in the City, is compatible wi~h the surrounding land uses including residential units and is conducted entirely within an existing bui lding. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed project will result in improvements to the site which will provide a service to the community that is consistent with the intent of the Business ParklIndustrial General Plan Land Use designation. BE'IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve P A 07-044 the Spotlight Arts Academy Conditional Use Permit to expand an existing Indoor Recreational Facility located at 6979 Sierra Court, APN 941-0205-034-01. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit: 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 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 Attornev, rFINl Finance, rFl Alameda County Fire Department, rDSRSDl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. GENERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for PA 07- 044 is to allow the expansion of the existing Spotlight Arts Academy by 595 feet. The existing dance studio is a 3,062 square foot facility and is located within an existing 71,281 square foot building 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 received by the Planning Department on November 5,2007. 2. Annual Review. On an annual basis, this Conditional Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of A roval. 3. Revocation. The Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions ofthis approval shall be subject to citation and possible revocation. PL On-going Standard PL On-going DMC 8.96.020.1 PL On-going Standard 3 4. Permit Expiration and Time Extension. Approval of this Conditional Use Permit 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. The original approvmg 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 Zonin Administrator. 5. Compliance. The Applicant/Property Owner shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 6. Hours of Operation. The approved hours of operation shall be limited to: Monday 3:30 p.m. - 9:30 p.m.; Tuesday 3:30 p.m. - 9:00 p.m.; Wednesday 3:45 p.m. - 9:15 p.m.; Thursday 4:00 p.m. to 8:30 p.m.; Friday 3:30 p.m. - 8:00 p.m. and Saturday 10:00 a.m. - 2:00 p.m. Any other events and activities proposed by the Spotlight Arts Academy shall first be subject to reVIew by the Community Development Director. 7. Performances. All performances and/or recitals shall be held off-site. 8. Outdoor Events. Any outside events shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Zonin Ordinance. 9. Parking. Per the City of Dublin Zoning Ordinance, the parking requirements shall be per the CUP. Based on the maximum number of students per class and the number of staff members on site at any time, 16 parking spaces shall be rovided for the Indoor Recreation Facilit at all times. 10. NoiselNuisance. The Applicant shall control all activities on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be ermitted to ro' ect or be laced outside the buildin . 11. Signs. Any signage on site shall be subject to the sign requirements contained III the City of Dublin Zoning Ordinance. 4 One year date of approval PL On-going Standard PL On-going CUP PL On-going CUP PL On-going Standard PL On-going CUP PL On-going CUP PL On-going Standard Temporary Promotional Banners and Balloons. Temporary Promotional Banner Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Si Permit. 13. A-Frame Signs. The use of any A-Frame, portable, sandwich-board, pennants or human held SIgnS on the premises is strictly prohibited. Said signs and any form of off- site advertising signs shall be prohibited upon any public ro e ,includin Ci streets and sidewalks. 14. Food Preparation. No cooking or other food preparation 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 r aration. 15. Minor amendments. Modifications or changes to this Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, ofthe Zonin Ordinance. 16. Property Maintenance. The property shall be maintained in accordance with Section 5.64, Property Maintenance of the Dublin Municipal Code. The Applicant and/or property owner shall keep the property maintained in a safe, clean and litter-free condition at all times. 17. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of build in ermit. 18. Fees. The Applicant shall pay all applicable fees in effect at the time of building permit 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, City of Dublin Fire Bureau fees, Noise Mitigation fees; Inc1usionary 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 existin im rovements. PL On-going DMC 8.84.150 PL On-going CUP PL On-Going CUP B On-going Standard B Through Completion UBC B Issuance of Building Permits Standard 5 19. Building Permits. To apply for building permits, the Applicant 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 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 build in ermits. 20. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting 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. Addressing. Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height mImmum. 22. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, holddowns, 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 ins ection. 23. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction. 24. Air Conditioning Units. Air conditioning units and ventilation 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 approved by the Building Official and Director of Communit Develo ment. 25. Building and Fire Codes. The project will need to comply with the applicable Building and Fire Codes. Site and Building plans shall be provided for review and approval by the fire d artment. 6 Issuance of Building Permits B Issuance of Building Permits Standard B Occupancy Standard B Prior to frame inspection Standard B Through Construction Standard B Prior to Occupancy Standard F Final Standard 26. Addressing. Approved numbers or addresses shall be placed on the tenant space 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. CFC 914.4.4. 27. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The final number and location of extinguishers shall be as indicated by the fire inspector. Fire extinguishers shall meet a minimum classification of 2A lOBe. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced b a licensed concern annuall . 28. Fire Sprinklers. Existing fire sprinkler systems shall be modified as necessary to provide protection of all tenant improvements. Submit detailed drawings of all sprinkler modifications, including cut sheets, listing sheet and calculations to the Fire Department for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable NFP A 13 Standard, the California Fire Code and the California Building Code. If the existing fire sprinkler system does not have a current 5- Year Certification, such will need to be obtained and all deficiencies corrected prior to project final. If it has a current 5-year Certification, copies of the last 4 quarterly reports will need to be provided to the Fire Inspector prior to final for review. The fire sprinkler shall have an audible alarm in each suite served b the fire s rinkler s stem. 29. Central Station Monitored Account. Automatic fire extinguishing systems within the buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring servIce shall be either certified or lacarded as defined in N.F.P.A Standard No. 72. 30. Monitoring System Plans. If it is necessary to install a fire alarm monitoring system or modify an existing system in order to obtain a Certificated or Placarded account, plans and specifications shall be submitted to the fire department for review and a roval ofthe installation or modifications. 7 F Occupancy/ On-going CUP F On-going Standard F On-going Standard F On-going Standard 31. Key Box. A Fire Department Key Box shall be installed at the main entrance to the building. The key box should be installed 5 Yz feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control key and elevator control keys shall also be installed in the box. 32. Egress. Exit signs shall be visible and illuminated with emer enc Ii tin when occu ant load exceeds 100 ersons. 33. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Building Code. Interior finishes shall be field verified upon final ins ection. Decorative materials shall be fire retardant. 34. Exit Hardware. All exit hardware, even when the door is in a locked position, shall be openable from the egress side within one action. No keys, special knowledge or effort shall be required. Hardware shall be of a type, such as panic or lever- acting, that does not require grasping. Where additional locks or latching devices are desired on the door, such shall be interconnected to the exit hardware so upon activation of the exit hardware all locks and latches release with that one action. 35. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 persons or more. Submittal of a seating plan on 8 Yz" by 11" paper is required rior to final occu anc . 36. Accessibility. The applicant shall provide curb-cut from the access aisle from the parking space in order for a disabled erson to have access to the main entrance. 37. Disabled Parking. The applicant shall upgrade the existing parking stall to current ADAlTitIe 24 standards. Please assure that the avement slo es does not exceed 2% in an direction. 38. Security Ordinance. The Applicant shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements related to addressing, lighting, landscaping, sk Ii ts, doors, etc. 39. Graffiti. The Applicant shall keep the site clear of graffiti vandalism on a re ular and continuous basis at all times. 40. Motion Sensor Lighting. The Applicant shall install motion sensor lighting or lighting that cannot easily be turned off or on by the user (i.e. by installing a lockable light switch over) in the new addition, which will be used as a vocational dance room. 8 F On-going F On-going F On-going F On-going PW Occupancy PW Occupancy PO On-going PO On-going PO Occupancy Standard Standard Standard Standard Standard Standard CUP CUP CUP 41 Exit Doors. Doors leading from the new addition to the common stair area shall be identified in 4" lettering (e.g. "Spotlight Dance Studio/Exit Only.") Existing doors connecting the office and the room designated as S-1 Occupancy to the staircases shall be similarly identified for consistenc . 42 DSRSD Improvement Plans. Prior to issuance of any DSRSD building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all a licable DSRSD Master Plans and all DSRSD olicies 43 DSRSD Utility Connection Fees. Prior to issuance by the DSRSD City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD III accordance with the rates and schedules established in the DSRSD Code. 44 Hold Harmless. The applicant shall hold DSRSD, it's Board DSRSD of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and com letion of the ro' ect. Issuance of Building Permits Standard Issuance of Building Permits Standard On-going Standard PASSED, APPROVED, AND ADOPTED this 26th day of February 2008. AYES: Schaub, Tomlinson, Wehrenberg and Biddle NOES: NONE ABSENT: NONE ABSTAIN: King tDYLdiJ 4 ~ ~ II Schaub 6~f6D~Y AA. 7l)l\iL,lrJJD,J 9