HomeMy WebLinkAboutPC Reso 10-01 Dance Floor @ Fusion/Grafton Plaza RESOLUTION NO. 10-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DANCE
FLOOR LOCATED AT 4100 GRAFTON STREET (INSIDE THE GRAFTON STATION
SHOPPING CENTER) IN THE PLANNED DEVELOPMENT (PA 05-030) ZONING DISTRICT
PA 09-037
WHEREAS, Sutra SF, the Applicant, has requested approval of a Conditional Use Permit to
operate a Dance Floor, in the Planned Development (PA05-030) Zoning District at 4100 Grafton
Street in the Grafton Station shopping center; and
WHEREAS, the proposal includes a 625 square foot dance floor inside the .Fusion
Restaurant and Lounge tenant space; 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 November 23, 2009;
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, Staff recommends that the Project be found Categorically Exempt from the
environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15301 (Existing Facilities); and
WHEREAS, the Zoning Administrator is the reviewing body for a Conditional Use .Permit
request to operate a Dance Floor in the Planned Development (PA 05-030) Zoning District; and
WHEREAS, pursuant to Section 8.96.020.C.2 of the Dublin Zoning Ordinance, the Zoning
Administrator has transferred hearing jurisdiction to the Planning Commission due to the unique
nature of this request; and
WHEREAS, a Staff Report was submitted outlining the request recommending approval of
the Conditional Use Permit; and
WHEREAS the Planning Commission held a properly noticed public hearing on said
application on January 12, 2010; and
WHEREAS, the Planning Commission did :hear and consider all said reports,
recommendations and testimony herein above set forth and used 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 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 vicinity because: 1) the proposed location of the
t n d to rovide for a
dance .floor. is m the Grafton Station shopping center which is m e de p
variety of uses; 2) the Planned Development Zoning District allows for the operation of a
dance floor with approval of a Conditional Use Permit; and 3) the dance floor will. be .located
inside a tenant space within in an existing building and is compatible with the allowed uses
of the building.
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: 1) the
proposed use .has been conditioned to ensure that the operation .has no recognizable
negative impacts to the surrounding area; and 2) the proposed dance floor will comply with
all of the City of Dublin regulations.
C. .The proposed use will not be injurious to property or improvements in the neighborhood
because: 1) the proposed dance floor will comply with .all City of Dublin regulations; and 2)
Conditions of Approval have been included to ensure that the use is compatible with the
surrounding neighborhood.
D. There are adequate provisions for public access, ,water, sanitation, and public utilities and
services to ensure that fhe proposed use and related structures would not be detrimental to
the public health, safety, and welfare because: 1) the proposed use will be operated
completely within an existing building that is serviced by all appropriate utilities and
infrastructure; 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 Type, density and intensity of the use and
related structures being proposed because: 1) the existing roadway network leading to the
Site and the availability of existing onsite parking is more than adequate to serve the
proposed use; 2) the dance floor will be located in a retail shopping center which was
designed to support a variety of uses; 3) the proposed use is allowed pursuant to an
approved Conditional Use Permit; and 4) the proposed hours of operation- are compatible
with the surrounding businesses and the peak period for the dance floor will occur in the
evening when most of the retail stores will be closed.
F. The proposed use will not be contrary to the specific intent clauses, development
regulations, and performance standards established for Planned Development. PA 05-030
because: 1) Conditions of Approval have been applied to the Project to ensure on-going
compatibility with surrounding uses; 2) the proposed use is a Conditional Use in the
Planned Development (PA 05-030) 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}the
development standards contained in the Planned Development and Section 8.76.080.D of
the Dublin Zoning Ordinance outline the parking requirements for use types and includes
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requirements for similar types of uses. The total number of required parking stalls for the
proposed Fusion Restaurant and Lounge (including the dance floor) is 64 parking spaces;
4) a total of 1,284 parking spaces will be provided onsite (at the completion of all
construction) which is more than adequate to support the proposed use and future uses;
and 5) the peak parking demand period for the dance floor will occur in the evenings when
most of the retail uses will be closed.
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 Planned Development Zoning District in which it is located; 2) as
conditioned,. the dance floor will not create impacts on the .surrounding neighborhood; and
3) the use will bring a new business to the Grafton Station shopping center to increase
economic vitality of the area.
BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby
conditionally approve PA 09-037 Fusion Restaurant and Lounge Conditional Use Permit to
operate a .dance floor located at 4100 Grafton Street, APN 985-0061-008. The project approval
shall be subject to compliance with the following Conditions of Approval for said 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 subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the .Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public
Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire. Department,
[DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of
Environmental Health.
RESP. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to
GENERAL CONDITIONS
Approval. This Conditional Use Permit approval for PL On-going Standard
PA 09-037 is to allow the operation of a 625 square
foot dance floor at 4100 Grafton Street (Fusion
Lounge). This approval shall generally conform to
the project plans and statement received by the
Plannin Division on November 23, 2009.
2, Permit Expiration. Approval of this Conditional PL Two years DMC
Use Permit shall be valid for two years from the from date 8.96.020.D
effective date. This approval shall be null and void of approval
in the event the approved use fails to be
established within two years, or ceases to operate
for acontinuous-one-year period. Commencement
of construction or use means the actual
construction or use pursuant to the Permit approval
or, demonstrating substantial progress toward
commencing such construction or use. If there is a
dis ute as to whether the Permit has ex fired, the
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RESP. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE
Prior to
City may hold a noticed public hearing to determine
the matter. Such a determination may be
processed concurrently with revocation proceedings
in appropriate circumstances. If a Permit expires, a
new application .must be made and processed
accordin to the re uirements of this Ordinance.
3, Time Extension. The. original approving decision- PL Ongoing DMC
maker may, upon the Applicant's written request for 8.96.020.E
an extension of approval prior to expiration, and
upon the determination that all Conditions of
Approval remain adequate to assure that applicable
findings of approval will continue to be met, grant a
time extension of approval fora period not to
exceed six (6) months. All time extension requests
shall be noticed and a public hearing or public
meeting shall be held as required by the. particular
Permit.
4, Permit Validity. This Conditional Use Permit PL On-going DMC
approval shall be valid for the remaining life of the 8.96.020.E
approved use so long as the operators of the
subject use comply with the project's Conditions of
A royal.
5. Revocation of Permit. This .Conditional Use PL On-going DMC
Permit approval shall be .revocable for cause in 8.96.020.1
accordance with Section 8.96.020.1 of the Dublin
Zoning Ordinance... Any violation of the terms or
conditions of this ermit shall be subject to citation.
6, Minor Amendments. Modifications or changes to PL On-going CUP
.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
of the Zonin Ordinance.
7, Hold Harmless. The Applicant/Developer shall PL On-going Standard
defend, indemnify, and hold harmless the City of
Dublin and its agents, officers, and employees from
any claim, action, or proceeding against the City
and its agents, officers, or employees to attack, set
aside, or annul an approval of the City of Dublin or
its advisory .agency, Planning Commission, City
Council, Director of Community Development,
Zoning Administrator, or any other department,
committee, or agency of the City of the. site
development review; provided, however, that the
Applicant/Developer's duty to defend, indemnify,
and hold harmless under this provision shall be
subject to the City's promptly notifying the
Applicant/Developer of any said claim, action, or
proceeding and the- City's cooperation in the
defense of such actions or roceedin s.
g, Compliance. The Applicant/Property Owner shall PL On-going Standard
operate this use in compliance with the Conditions
of Approval of this Conditional Use Permit and the
re ulations established in the Zonin Ordinance.
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RESP. WHEN
NO. CONDITION TEXT AGENCY REQ'D SOURCE.
Prior to
Any violation of the terms or conditions specified
ma be sub'ect to enforcement action.
g, Fees. The Applicant shall pay all applicable fees in PL On-going Standard
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, 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
im rovements.
PROJECT SPECIFIC -PLANNING DIVISION
10. Hours of Operation. The operationalhours of the PL On-going CUP
dance floor shall be from 9:30 pm to 2:00 am
Wednesday through Saturday and on holidays. All
live or amplified music shall stop promptly at 2:00
am.
11. Noise/Nuisance.. The Applicant. shalt control all PL On-going CUP
business activity so as not to create a public or
private nuisance to _the existing and surrounding
businesses and residents. No amplified sounds,
loudspeakers or music shall be permitted outside
the buildin .
12. Clean-up. The operators of the dance floor are PL On-going CUP
responsible for picking up all trash associated with
the use several times per night (including chewing
gum and cigarettes) at the front and rear of the
tenant space as well as in the parking lot and street.
13. Security. The operators are responsible for PL On-going CUP
patrolling the shopping center and parking lot
throughout the night to ensure .that there. are no
disturbances including loud noises, loitering or
drinking in the shopping center or adjoining right-of-
way.
14. Exit Doors. There shall be no blocking or PL On-going CUP
obstruction of any of the exit/entrances required for
the tenant space.
15. Dance Permit. Prior to the first public dance, the PL On-going CUP
operators shall obtain a Dance Permit from the
Dublin Police Services Department in accordance
with Chapter 5.52 of the Municipal Code. The
operators are required to have a valid Dance Permit
throughout the life of this use.
16. Queuing. The operators are responsible for PL On-going CUP
ensuring that any lines/queues into the tenant
space are maintained in an orderly fashion and do
not disturb the residential dwellin s in the area or
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RESP. WHEN
NO. CONDITION TEXT- AGENCY REQ'D SOURCE
Prior to
obstruct an ADA path of travel
17, Permit Review. This Conditional Use Permit shall PL On-going CUP
be reviewed by the Community Development
Director on an annual basis. Prior to the
anniversary of the approval of this Conditional Use
Permit, the operators shall submit a written letter to
the Community Development Director which
discusses .how they have complied with the
conditions contained in this Conditional Use Permit.
After reviewing business operations, if the
Community Development Director has determined
that the findings for this Conditional .Use Permit can
no longer be made, .the Community Development
Director may bring the Conditional Use Permit back
to the Planning Commission to amend the
Conditions of Approval or for revocation of the
Conditional Use Permit if warranted.
BUILDING AND SAFETY DIVISION
18. Building Codes and Ordinances. All project B, F Through CBC
construction shall conform to all building codes and Constructio .
ordinances in effect at the time of buildin ermit. n
19. Addressing. Addresses will be required on all doors B Occupancy Standard
leading to the exterior of the building. Addresses
- shall be illuminated and be able to be seen from the
street, 5 inches in hei ht minimum.
20. Air Conditioning Units. Air conditioning units and B Occupancy Standard
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 Community
Development.
FIRE DEPARTMENT
21. Fire Alarm System. The tenant space shall .have- F Occupancy Standard
the required fire alarm system for an assembly
occupancy.
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PASSED, APPROVED AND ADOPTED this 12th day of January 2010 by the following. vote:
AYES: King, Wehrenberg, Brown, Swalwell, Schaub
NOES:
ABSENT:
ABSTAIN:
1 ~
Planning Commis on Ch 'r
ATTEST:
Plannin Hager
G:IPA#120091PA 09-037 Dance Floor at 4100 GraftonlPC Reso 1.12.10.doc .
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