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HomeMy WebLinkAboutPC Reso 11-05 DENIED Star Lanes SDR RESOLUTION NO. 11 - 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A MINOR USE PERMIT AND CONDITIONAL USE PERMIT FOR STAR LANES, AN INDOOR RECREATIONAL FACILITY CONSISTING OF A BAR, RESTAURANT, BILLIARDS, AND BOWLING ALLEY IN AN EXISTING 28,455 SQUARE FOOT BUILDING AT 6705 AMADOR PLAZA ROAD AND RELATED PARKING ADJUSTMENTS (APN 941-1500-038-03) PLPA-2010-00073 WHEREAS, the Applicant, Matthew Scanlan of Bratts Entertainment, Inc., has submitted an application for a Minor Use Permit to operate Star Lanes, an Indoor Recreatio~al Facility consisting of a bar, restaurant, billiards, and bowling alley in an existing 28,455 square foot building at 6705 Amador Plaza Road and to permit shared parking; and WHEREAS, the Applicant is also requesting a Conditional Use Permit to establish a parking standard for an Indoor Recreational Facility not listed in Chapter 8.76 (Off-Street Parking and Loading Regulations) and to permit off-site parking at 6694 Amador Plaza Road for the proposed use; and WHEREAS, Star Lanes, an Indoor Recreational Facility, is located in the Downtown Dublin Specific Plan (DDSP) area. The site currently has a General Plan land use designation of Retail/O~ce and is in a Planned Development Zoning District. Once the DDSP, related General Plan Amendment, and related Downtown Dublin rezoning actions become effective, the property will have a General Plan Land Use Designation of Downtown Dublin (Transit-Oriented District) and will be located in the newly-created Downtown Dublin Zoning District. Indoor Recreational Facilities are permitted in the both the existing Planned Development Zoning District as well as the proposed Downtown Dublin Zoning District with approval of a Zoning Clearance or Minor Use Permit; and WHEREAS, the Applicant submitted a complete application for a Minor Use Permit and Conditional Use Permit for Star Lanes; and WHEREAS, the Zoning Administrator and Community Development Director are typically the hearing bodies on Minor Use Permits and Conditional Use Permits for parking adjustments, but the Community Development Director, also acting as the Zoning Administrator, has referred this application to the Planning Commission for consideration in a public hearing; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to CEQA, the Minor Use Permit and Conditional Use Permit to operate an Indoor Recreational Use (Star Lanes) and for related parking adjustments are exempt from CEQA pursuant to Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted ta the City of Dubfin Planning Commission recommending approval of the Minor Use Permit and Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on February 8, 2011; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby deny the Minor Use Permit for an fndoor Recreational Facility and Shared Parking Reduction based on the following findings: 1. Pursuant to Section 8.102.060.B, the proposed use does not meet the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off- Street Parking and Loading Regulations), which could include a parking reduction for shared parking in that the project does not have adequate parking on-site for existing uses and the proposed use and the proposed shared parking reduction will not result in adequate parking for the proposed use, either separately or in combination with the other requested parking adjustments. With the overlapping operating hours of some of the existing and proposed uses, the proposed shared parking will result in an over- intensification of the use of the site, results in conflicts with on-site eirculation, and impacts parking for other site users. 2. Pursuant to Section 8.102.060. C, the proposed use will adversely affect the health or safety of persons working in the vicinity, or be detrimental to the public health, safety and welfare for the same reasons set forth in Finding A, above. 3. Pursuant to Section 8.102.060.F, the subject site is not physically suitable for the type, density and intensity of the use and related structures being proposed for the same reasons set forth in Finding A, above. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby deny the Conditionaf Use Permit based on the following findings: 1. It will 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 in that the Applicant is requesting an approval of a Conditiona! Use Permit to allow off-site parking, based on the recommendations of a parking study. The Commission finds that permitting off-site parking could be detrimental to employees who would be required to cross Amador Plaza Road and St. Patrick Way at the Interstate 680 off-ramp to get to their workplace. 2. The subject site is not physically suitable for the type, density and intensity of fhe use and related structures being proposed in that the valet parking as shown and need for off-site parking will result in an over-intensification of the use of the site, results in conflicts with on-site circulation, and impacts parking for other site users. 2of3 PASSED, APPROVED AND ADOPTED this 8t" day of February 2011 by the following vote: AYES: Wehrenberg, Schaub, O'Keefe, Bhuthimethee NOES: ABSENT: Brown ABSTAIN: ~ ~ ~ Planning Commission C 'r ATTEST: ~ Plann~ g nager G: IPA#120101PLPA-2010-00073 Star Lanes CUPIPC Reso - denial.doc 3 of 3