HomeMy WebLinkAboutPC Reso 11-06 YMCA CUP RESOLUTION NO. 11- 06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
~ . r _~a~~~ ~ 1,
APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY FACILITY AND TO
ESTABLISH A PARKING REQUIREMENT FOR THE TRI-VALLEY YMCA
6693 SIERRA LANE, SUITE F(APN 941-0205-001-46)
PLPA-2010-00070
WHEREAS, the Applicant, Kelly O'Lague-Duika, on behalf of the Tri-Valley YMCA has
submitted an application for a Conditional Use Permit to establish a Community Facility at 6693
Sierra Lane, Suite F within a portion of the Sierra Trinity Business Park and to establish a
parking requirement for the Community Facility; and
WHEREAS, the project site has a General Plan Land Use designation of Business
Park/Indus#rial and is zoned PD (Planned Development) with underlying M-P (Industrial Park)
uses; and
WHEREAS, the Tri-Valley YMCA offers a wide range of community programs and
activities characteristic of a Community Facility; and
WHEREAS, a Community Facility requires approval of a Conditional Use Permit by the
Planning Commission; and
WHEREAS, Chapter 8.76 (Off-Street Parking and Loading Regulations) does not provide
a parking standard for a Community Facility such as the YMCA so a Conditional Use Permit is
required to determine an appropriate parking requirement; and
WHEREAS, the City of Dublin Traffic Engineer prepared a parking assessment based on
the Applicant's anticipated programming schedule and determined that 55 parking spaces would
be required to meet the greatest parking demands for the community programs and activities
offered by the Tri-Valley YMCA; and
WHEREAS, the Sierra Trinity Business Park has a total of 808 spaces on-site and based
on the current mix of tenants, a surplus of 267 spaces are available which is more than
adequate to meet the parking requirement of 55 spaces for the Tri-Valley YMCA Community
Facility use; 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 the CEQA, Staff is recommending that the Project be found
exempt from CEQA pursuant to Section 15301 (Existing Facilities); and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit request; and
WHEREAS, the Planning Commission held a public hearing on said application on
February 22, 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 tT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Conditional Use
Permit:
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Community Facility would
be located within a portion of the Sierra Trinity Business Park which includes a mix of
office, light industrial, warehousing, and indoor recreational facility uses. All activities
associated with the Tri-Valley YMCA would occur indoors and would not conflict with
surrounding uses; 2) the Community Facility would be accessible from shared driveways
off of Sierra Lane and Sierra Court both of which are fully improved and functional
roadways; and, 3) the Community Facility would be served by existing service facilities
and would not generate or create an additional demand on services to be an adverse
impact.
B. It will not adversely affect fhe health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project is
a Community Facility and has been conditioned that all activities be conducted entirely
within the building at all times so as not to create a disturbance to surrounding
businesses; 2) the Project has been conditioned to require that all children under 12
years of age be accompanied by an adult when arriving to and departing from the facility
and that no child under the age of 12 be left unattended outside the building at any time;
and, 3) adequate parking is available on-site to meet the greatest demands of the
Community Facility as well as all other tenants within the Sierra Trinity Business Park.
C. It will not be injurious to property or improvements in the neighborhood in that: 1) the
Project will occupy an existing building and in accordance with the Conditions of
Approval, building permits are required for all modifications to the tenant space to
accommodate the Community Facility and to ensure that all improvements comply with
all current Building Codes and Ordinances in effect at the time the building permit is
issued.
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: 1) the Project will occupy an existing
building that is connected to public water, sanitation, utilities and services and will not
generate or create additional demand on services to be an adverse impact; and, 2) the
Project has adequate vehicular and pedestrian access from Sierra Lane and Sierra Court
and is required to comply with Title 24 for disabled accessibility.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the Project will occupy an existing building
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which is currently vacant; and, 2) Gonditions of Approval have been incorporated into the
Project requiring that all activities associated with Community Facility be conducted
entirely within the building.
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: 1)
the Project will provide for the continued use of a currently vacant tenant space within an
existing building at the Sierra Trinity Business Park; 2) the Project, as conditioned, meets
the development regulations for the PD Zoning District and will provide adequate parking
to meet the greatest parking demands for the Community Facility; 3) the Project will not
generate, produce, emit, or discharge any of the following: noise or vibration;
radioactivity; electrical disturbance; flammable or explosive materials; air pollution; glare
or heat; odorous gases; dust; dirt or particulate matter; or, liquid contaminants; and, 4)
the Applicant has requested approval of a Conditional Use Permit to establish a parking
requirement for the Community Facility and adequate parking is available on the site to
support the use.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the Project has a General Plan Land Use Designation of Business Park/Industrial
and is located within a PD (Planned Development) Zoning District with underlying M-P
(Industrial Park) Zoning. A Community Facility is conditionally permitted in the PD Zoning
District which is consistent with the Business Park/Industrial Land Use Designation for
the site.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit for a Community Facility for the Tri-Valley YMCA as shown
on the Tri-Valley YMCA Description of Use and Anticipated Programming Schedule (2 pages)
and Project Plans (3 sheets) date stamped received by Dublin Planning on December 7, 2010
subject to the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment
of use and shall be subject to Planning Division 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; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda Caunty Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
When
NO. CONDITIONS dF APPROVAL Agency Required, Souree
' Prior to:
GENERAL
1. ApprovaL This Conditional Use Permit approval PL On-going Planning
for PLPA-2010-00070 allows for the establishment
of a Communit Facility the Tri-Valle YMCA
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located at 6693 Sierra Lane, Suite F and
estabiishes a parking standard for the Community
Facility. The project shall generally conform to the
project plans dated received by the Planning
Division on December 7, 2010 on file in the
Community Development Department, and other
plans, text, and diagrams relating to this
Conditional Use Permit, unless modified by the
Conditions of A proval contained herein.
2. Permit Expiration. Notwithstanding any PL 2 years DMC
conditions of approval of permits approved prior to from 8.96.020.D
the effective date of Ordinance No. 15-10, approval
construction or use shall commence within two (2)
years of Permit approval, or the Permit shall lapse
and become null and void. 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
dispute as to whether the Permit has expired, the
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 according to the requirements of
the Ordinance codified in this subsection.
3. Time Extension. The original approving decision- PL 2 years DMC
maker may, upon the ApplicanYs written request from 8.96.020.E
for an extension of approval prior to expiration, approval
and upon the determination that any Conditions of
Approval remain adequate to assure that
applicable findings of approval will continue to be
met, grant a time extension of approval for a
period not to exceed 6 months. All time extension
requests shall be noticed and a public fiearing or
public meeting shall be held as required by the
particular Permit.
4. Continued Use. This Conditional Use Permit PL On-going Planning
approval shall become null and void in the event
the approved use ceases to operate for a
continuous one- ear eriod.
5. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject to
a review by the Community Development
Department to determine compliance with the
Conditions of Ap roval.
6. Modifications. Modificatians or changes to this PL On-going DMC
Conditional Use Permit approval may be 8.100.080
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considered by the Community Development
Director if the modifications or changes proposed
comply with Section 8.100.080 of the Zoning
Ordinance.
7. Revocation. This permit shall be revocable for PL On-going DMC
cause in accordance with Dublin Zoning 8.96.020.1
Ordinance Section 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.
8. Fees. The Applicant shafl pay all applicable fees Various Building Various
in effect at the time of building permit issuance, Permit
including, but not limited fo, Planning Fees, Issuance
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,
and/or 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.
9. Clarifications to the Conditions of Approval. In PL On-going Standard
the event that there needs to be clarification to the
Conditions of Approval, the Community
Development Director has the authority to clarify
the intent of these Conditions of Approval to the
Applicant without going to a public hearing. The
Community Development Director also has the
authority to make minor modifications to these
Conditions of Approval without going to a public
hearing in order for the Applicant to fulfill needed
improvements or mitigations resulting from
im acts to this project.
10. Property Maintenance. Per the City of Dublin PL, PO, On-going DMC
Non-Residential Property Maintenance Ordinance PW 5.64.050
(DMC Section 5.64.050), the Applicant and/or
Property Owner shall maintain the building, site
and all signage in good condition at all times and
shall keep the site clear of trash, debris and graffiti
vandalism on a re ular and continuous basis.
11. Graffiti. Per the City of Dublin Graffiti Ordinance PL, PO, On-going DMC
(DMC Chapter 5.68), the Applicant andlor Property PW 5.68
Owner shall keep the site clear of graffiti
vandalism at all times.
12. Temporary Promotional Signage. Prior to the PL On-going Planning
display of an tempora promotional si ns,
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including banners, balloons or searchlights, a
Temporary Promotional Sign Permit must be
ap lied for and approved.
13. Signage. All signs associated with the facility shall PL On-going DMC
comply with the provisions of Chapter 8.84 (Sign 8.84
Regulations) at alf times. Window signs shall be
limited to 25% of the cantiguous window area from
which the are viewed.
14. Noise/Nuisance. The Applicant shall control all PL On-going Planning
activities on the site so as not to create a nuisance
to the surrounding businesses and residences: No
loudspeakers or amplified music shall be permitted
to project or be placed outside the building.
PL~NNING - PR~JEGT SPE~I~IC' `
15. Project Activities. All on-site activities associated PL On-going Planning
with the Tri-Valley YMCA shall be conducted
entirely within the buildin at all times.
16. Unattended Minors. Children under the age of PL On-going Planning
12 shall be accompanied by a responsible adult
upon arrival and departure `to the Project. No child
under the age of 12 shall be left unattended
outside of the buildin at an time.
17. Designating Parking. All parking throughout the PL On-going Planning
Sierra Trinity Business Park shall be shared
among all tenants. Signage or other obstructions
shall not be placed on or around parking spaces to
prohibit or discourage tenants or customers of the
Sierra Trinity Business Park from parking in certain
areas of the site.
18. Number of Parking Spaces. In accordance with PL On-going Planning
the parking analysis performed by the City Traffic
Engineer (dated January 31, 2011) 55 parking
spaces are required for the operation of a
Community Facility (Tri-Valley YMCA) at 6693
Sierra Lane, Suite F.
BC.~I~I?lN~
19. Change of Occupancy Permit Required. As per B Occupancy Building
section 3408 of the California Building Code, a
change of occupancy requires the building to meet
the requirements of a new building for the
proposed occupancy type. You will be required to
submit a full set of construction drawings, to
include a break down of uses and occupant loads
for all rooms. Drawings shall be stamped by a
licensed professional. You may be required to
upgrade to the structural and fire rating systems
required for the new occupancy. The buiiding!
s ace will be required to meet accessible codes as
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fisted in Chapter 11 B of the California Building
Code.
20. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes Completion
and ordinances in effect at the time of building
ermit.
21 • Green Building Guidelines. The Applicant shall B Through Building
comply with the Dublin Municipal Code, Chapter Completion
7.94.
22. Building Permits. To apply for building permits, B Issuance Building
ApplicantlDeveloper shall submit five (5) sets of of Building
construction plans to the Building Division for plan Permits
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 will be responsible for
obtaining the approvals of all participation non-City
a encies rior to the issuance of buildin permits.
23. Construction Drawings. Construction plans shall B Issuance Building
be fully dimensioned (including building elevations) of Building
accurately drawn (depicting all existing and Permits
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 and details
shall be consistent with each other.
24. Addressing. Address will be required on all doors B Occupancy Building
leading to the e~erior of the building. Addresses
shall be illuminated and be able to be seen from
the street, 4 inches in hei ht minimum.
25. Air Conditioning Units. Air conditioning units B Occupancy Building
and ventilation ducts shall be screened from public
view with materials compatible to the main
building. Units shafl be permanently installed on
concrete pads or other non-movable materials to
be approved by the Building Official and Director
of Communit Develo ment.
26. Temporary Fencing. Temporary Construction B Through Building
fencing shall be installed along perimeter of all Completion
work under construction.
F1i~E
27• Existing Fire Sprinkler Systems - Modifications. F Occupancy Fire
Sprinkler system shall be modified as necessary to
provide protection for all tenant improvements.
2007 CFC 901.5.
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28• Fire Alarm System may be required based on F Occupancy Fire
Occupancy as established by the Building
Division. A Fire Alarm-Detection System shall be
installed throughout the building so as to provide
full property protection, including combustible
concealed spaces, as required by NFPA 72. The
system shall be installed in accordance with NPFA
72, Ca Fire, Building, Electrical, and Mechanical
Codes.
29• Maximum Occupant Load. Posting of room F Occupancy Fire
capacity is required for any occupant load of 50 or
more persons.
30. Interior Finish. Wall and ceiling interior finish F Occupancy Fire
material shall meet the requirements of Chapter 8
of the California Fire Code. Interior finishes will be
field verified upon final inspection. If the product is
not field marked and the marking visible for
inspection, maintain the products cut-sheets and
packaging that show proof of the products
flammability and flame-spread ratings. Decorative
materials shall be fire retardant. CFC 803.
31. Main Entrance Hardware Exception. It is F Occupancy Fire
recommended that all doors be provided with exit
hardware that allows exiting from the egress side
even when the door is in the locked condition.
However, an exception for A-3, B, F, M, S
occupancies and all churches does allow key-
locking hardware (no thumb-turns) on the main
exit when the main exit consists of a sinqle door or
pair of doors. When unlocked the single door or
both leaves of a pair of doors must be free to
swing without operation of any latching device. A
readily visible, durable sign on or just above the
door stating "This door to remain unlocked
whenever the building is occupied" shall be
provided. The sign shall be in letters not less than
1 inch high on a contrasting background. This use
of this exception may be revoked for cause. CFC
1008.1.8.
P~LIGE
32. Non-Residential Security Requirements. The PO Occupancy Police
Applicant shall comply with all applicable City of and On-
Dublin Non-Residential Security Requirements going
including, but not limited to, interior lighting and
exterior lighting. Lighting shall be provided at each
exit door.
33. Door Signage. All doors shall be identified inside PO Occupancy Police
and outside as to their respective purposes (i.e. and On-
Classroom A or Exit Onl . This will assist first oin
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responders in an emergency situation. Placard
si ns or vin I letter ma be used.
34. Room Diagram. There shall be displayed in the PO Occupancy Police
lobby, a diagram of the interior of the facility and On-
identif in each room. oin
35. Business Site Emergency Response Card. The PO Occupancy Police
tenant shall complete a"Business Site Emergency and On-
Response Card" and deliver it to Dublin Police going
prior to occupanc .
36. Exit Doors. Employee exit doors shall be PO Occupancy Police
equipped with 180-degree viewers if there is not a and On-
burglary resistant window panel in the door from going
which to scan the exterior.
37. Special Events. The Applicant shall advise PO On-going Police
Dublin Police Services at least finro weeks in
advance of any special events or programs which
may impact police services and/or the community.
This includes, but is not limited to, increased
traffic, parking, additional patrol checks or calls for .
service b police and noise from music or crowds..-
38. Security and Theft Program. The Applicant shall PO On-going Police
work with the Dublin Police on an on-going basis
establish an effective security and theft prevention
ro ram.
39. Megan's Law. The Applicant should take PO On-going Police
advantage of Megan's Law mapping and check for
offenders in the area. The map site can be
accessed by visiting the California Department of
Justice website at www.me anslaw.ca. ov.
D~l~~,t~l SAf~ }~AM~N ~ERk1~E~ DI~TR~~T 1~~~~t~} ~
40. Prior to issuance of any building permit, complete DSR Issuance DSRSD
improvement plans shall be submitted to DSRSD of Building
that conform to the requirements of the Dublin San Permits
Ramon Services District Code, the DSRSD
"Standard Procedures, Specifications and
Drawings for Design and Installation of Water and
Wastewater Facilities", all applicable DSRSD
Master Plans and ali DSRSD policies.
41. Prior to issuance by the City of any Building Permit DSR Issuance DSRSD
or Construction Permit by the Dublin San Ramon of Building
Services District, whichever comes first, all utility Permits
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 in
accordance with the rates and schedules
established in the DSRSD Code.
42. The applicant shall hold DSRSD, its Board of DSR Through DSRSD
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Directors, commissions, employees, and agents of Completion
DSRSD harmless and indemnify and defend the
same from any litigation, claims, or fines resulting
from the construction and completion of the
roject.
43. Due to the change in use from an office to a DSR Issuance DSRSD
Community Center with several classes of of Building
students, a review of the sewer demand charges Permits
will be required for the change in use on this site.
Exact charges for this specific application will be
calculated at the time of the plan check by
DSRSD. Additional sewer demand fees may be
re uired.
PASSED, APPROVED AND ADOPTED this 22"d day of February 2011 by the following vote:
AYES: Brown, Schaub, Wehrenberg, Bhuthimethee
NOES:
ABSENT: O'Keefe
ABSTAIN:
~
Planning Commission Chair
ATTEST:
r7
Planning ager
G:IPA#120101PLPA-2010-00070 Tri-VaUey YMCA Community Facility CUPIPC 02.22.11 V'C Reso 02.22.11.doc
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