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HomeMy WebLinkAboutPC Reso 12-17 Combat Sports Academy CUP/Parking ReductionRESOLUTION NO. 12-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXPAND AN EXISTING INDOOR RECREATIONAL FACILITY, A PARKING REDUCTION FOR AN INDIVIDUAL USE AND A PARKING REDUCTION FOR SHARED PARKING AT 7100 AND 7106 VILLAGE PARKWAY (APN 941-0210-005-04) PLPA-2010-00030 WHEREAS, Mujeeb Hamid, the "Applicant", on behalf of Combat Sports Academy, has requested an amendment to a Conditional Use Permit (PA 09-016) to expand the hours of operation for an existing 4,695 square foot Indoor Recreational Facility located at 7100 Village Parkway in a PD (Planned Development) Zoning District also known as the Downtown Dublin Specific Plan Area; and WHEREAS, the Applicant has also requested to expand the existing Indoor Recreational Facility into a 3,833 square foot tenant space located at 7106 Village Parkway; and WHEREAS, the Applicant has requested an amendment to a Conditional Use Permit (PA 09-016) for a Parking Reduction far an Individual Use to reduce the Zoning Ordinance parking requirement of 42 spaces (23 spaces for 7100 Village Parkway and 19 spaces for 7106 Village Parkway) to 20 spaces between the hours of 7:30am and 5:30pm Monday through Friday; and WHEREAS, Section 8.76.050.E (Parking Reductions for an Individual Use) of the Dublin Zoning Ordinance allows for a reduction in off-street parking requirements when an Applicant believes that the number of parking spaces required for their use is not applicable because the use would function differently than the generic use type and associated parking standards established in Chapter 8.76; and WHEREAS, the Applicant has requested an amendment to a Conditional Use Permit (PA 09-016) for a Parking Reduction for Shared Parking to reduce the off-street parking requirements for the Parkway Center between the hours of 6:OOam and 7:30am and 5:30pm and 10:OOpm Monday through Friday and 6:OOam-1 O:OOpm Saturday and Sunday; and WHEREAS, Section 8.76.050.E (Parking Reductions for Shared Parking) of the Dublin Zoning Ordinance allows for a reduction in off-street parking requirements when shared off- street parking is proposed between two or more use types; and WHEREAS, Section 8.100.0$O.B (Other Amendments} of the Dublin Zoning Ordinance states that the process for amending a Conditional Use Permit shall be the same as the process for approving a Conditional Use Permit except that the decision-maker for the Conditional Use Permit shall be the same decision-maker that ultimately approved the Conditional Use Permit; and WHEREAS, the Zoning Administrator approved a Conditional Use Permit for the operation of an Indoor Recreational Facility (Combat Sports Academy), a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking on June 30, 2009; and WHEREAS, in accordance with Section 8.128.040.E (Referral to Planning Commission) of the Dublin Zoning Ordinance the Zoning Administrator is referring decision making authority to the Planning Commission; 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 October 7, 2011; and WHEREAS, the California Environmental Quality Act (CEQA), together with- State Guidelines and City Environmental Regulations required that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Staff is recommending that the project be found Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), State guidelines and City environmental regulations pursuant to CEQA Guidelines 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 amendment request; and WHEREAS, the Planning Commission held a public hearing on said application on March 27, 2012; 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 make the following findings regarding the expanded hours of operation for an existing Indoor Recreational Facility at 7100 Village Parkway: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the project is located in a multi-tenant building within a portion of the Parkway Center which includes a mix of retail and commercial uses including another martial arts studio. The other martial arts studio has been in operation at Parkway Center since the 1980's with no issues of incompatibility with surrounding uses; 2) Combat Sports Academy is a martial arts studio and has been in operation at Parkway Center since September 2009. The martial arts studio is compatible with surrounding land uses so long as all activities are conducted inside the building and capacity is restricted during peak operating hours and conditions of approval have been included to this effect; 3) the project is accessible from Village Parkway which is a fully improved and functional roadway; and 4) the project will be served by existing service facilities and will not generate or create an additional demand on services to be an adverse impact. 2of16 B. It 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 in that: 1) the project is a martial arts studio and all activities are required to be conducted entirely within the existing commercial building so as not to create a disturbance to surrounding businesses; and 2} the project has been conditioned to require that all children be accompanied by an adult when arriving to and departing from the facility. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the project will occupy an existing commercial building. and the tenant space is fully improved and is not proposed to be modified. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures wauld not be detrimental to the public health, safety, and welfare in that: 1 } the project will occupy an existing commercial 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 Village Parkway and complies 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 commercial building which currently includes a martian arts studio, a retail kitchen and bath showroom. and a retail auto parts store; and 2) Conditions of Approval have been incorporated into the project requiring that all activities associated with Combat Sports Academy be conducted entirely within the building and capacity is restricted during peak operating hours and conditions of approval have been included to this effect. F. It will not be contrary to the specific intent clauses, development regulations, or pen`ormance standards established for the zoning district in which it is located in that: 1) the project will provide for the expanded use of a tenant space within an existing commercial building along Village Parkway; 2) the project's operating characteristics such as class size and hours of operation are compatible with surrounding businesses in that activities will be limited during the hours of 7:30am and 5:30pm to reduce the demand on parking when the majority of the surrounding businesses are open; 3) the project, as conditioned and with the granting of a parking reduction, meets the development regulations for a martial arts studio; 4) 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 5) the Applicant has requested approval of a Conditional Use Permit for a Parking Reduction for an Individual Use and a Conditional Use Permit amendment for a Parking Reduction for Shared Parking and a parking study demonstrated that adequate parking would be available on-site to support the expansion of 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 Retail/Office and Automotive, is located within the Downtown Dublin Specific Plan Area and is zoned DDZD (Downtown Dublin Zoning District). An Indoor Recreational Facility is an allowed use in the DD Zoning District with a use permit which is consistent with the Retail/Office and Automotive Land Use Designations for the site. 3of1S NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings regarding a Parking Reduction for an Individual Use related to the operation of an Indoor Recreational Facility at 7100 and 7106 Village Parkway: 1. The Conditional Use Permit findings can be made in that: 1) the project is compatible with other land uses, transportation and service facilities in the vicinity because the Project is located in amulti-tenant building within a portion of the Parkway Center which includes a mix of retail and commercial uses including an existing martial arts studio. The existing martial arts studio has been in operation within the subject building since the 1980's with no issues of incompatibility with surrounding uses; 2) the project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities are required to be conducted entirely within the existing commercial building so as not to create a disturbance to surrounding businesses and the project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the project will not be injurious to property or improvements in the neighborhood as the Project will occupy an existing commercial building at 7100 Village Parkway and the tenant space is fully improved and only minor modifications are proposed to the tenant space at 7106 Village Parkway; 4) the Project is located on a site that is physically suitable for the use because the Project is located within existing tenant spaces within a commercial building which can accommodate an Indoor Recreational Facility; 5) the project is not contrary to the intent clauses, development regulations or performance standards for the DD Zoning District is which it is located because the Project will provide for the expanded use of the tenant space at 7100 Village Parkway and will activate a currently vacant tenant space at 7106 Village Parkway both of which are located within an existing commercial building along Village Parkway; and 6) the project is consistent with the General Plan and Downtown Dublin Specific Plan and the DD Zoning District which allows for the establishment of Indoor Recreational Facilities. 2. A parking study prepared by a qualified consu/fant analyzing the parking demands of the proposed use and the parking demands of similar uses in similar situations demonstrating that the required parking standards. are excessive and proposing alternate parking standards which are appropriate and ensure that (here will not be a parking deficiency in that: 1) the City of Dublin Traffic Engineer reviewed the hours of operation and the parking requirements contained in the Dublin Zoning Ordinance and prepared a report dated January 19, 2012; 2) the Zoning Ordinance requires that 23 parking spaces be provided for the operation of a martial arts studio at 7100 Village Parkway and 19 parking spaces be provided for the operation of a martial arts studio at 7106 Village Parkway for a total requirement of 42 spaces; 3) the Applicant has agreed to limit the project activities between the hours of 7:30am and 5:30pm so that no more than 20 parking spaces would be needed between 7100 and 7106 Village Parkway which is the parking demand that would be generated by a retail use and warehouse use which were the previous uses of the Project's tenant spaces. 3. Overflow parking would not impact any adjacent use in that: 1) the project is limited to 20 parking spaces which is the same amount of parking that would be required if the tenant spaces were occupied by a retail use and a warehouse use. 4of16 NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings regarding a Parking Reduction for Shared Parking related to the operation of an Indoor Recreational Facility at 7100 and 7106 Village Parkway: The Conditional Use Permit findings can be made in that: 1) the project is compatible with other land uses, transportation and service facilities in the vicinity because it is a martial arts studio that would operate primarily in the evenings when the majority of the surrounding businesses are closed; 2) the project will not adversely affect the health or safety of persons residing. or working in the vicinity or be detrimental to the public health, safety or welfare because all activities are required to be conducted entirely within existing commercial buildings so as not to create a disturbance to surrounding businesses and the Project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the project will not be injurious to property or improvements in the neighborhood because the project has been conditioned to obtain all required permits for any modifications made to the tenant space to accommodate the use; 4) the project. is located on a site that is physically suitable for the use because the Project would occupy an existing tenant space within a commercial building which can accommodate an Indoor Recreational Facility; 5) the project is not contrary to the intent clauses, development regulations or performance standards for the DD Zoning District is which it is located because the Project will provide for the continued use of a tenant space within an existing commercial building along Village Parkway; and 6) the project is consistent with the General Plan and Village Parkway Specific Plan Land Use Designations of Retail/Office and Automotive and the DD Zoning District which allows for the operation of Indoor Recreational Facilities including martial arts studios. 2. A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency in that: 1) based on the parking demand survey, the available parking exceeds the parking requirement for the Project; 2) between 33 and 43 parking spaces were available at 6pm during the week which is more than adequate for the Project expansion which requires 19 spaces; and 3) the results of the parking study demonstrate that there is adequate parking available to meet the peak parking demands of the proposed project and that there will not be a parking deficiency within Parkway Center based on the current mix of uses and their hours of operation. 3. Satisfactory evidence is provided that the use types by their natures and operating times will not conflict with each other in that: 1) an inventory of existing uses and their hours of operation was performed and it was found that the majority of the surrounding businesses are closed after 5:30pm which reduces the potential for uses to conflict with one another. 4. Overflow parking will not adversely affect any adjacent use in that: 1) a parking study was conducted to determine the amount of parking available after 5:30pm Monday through Friday and found 33-43 parking spaces available which are more than adequate to meet the parking demand of 19 spaces for the expansion of Combat Sports Academy into the building at 7106 Village Parkway. 5 of 16 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions or other agreements in that: 1) Deeds have been recorded for ingress, egress and parking purposes throughout the Parkway Center ensuring that access, circulation and parking remain available for all tenants and their patrons; and 2) Conditions of Approval have been placed on the project restricting the designation of parking throughout Parkway Center. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PLPA-2010-00030 Combat Sports Academy Conditional Use Permit amendment to expand the hours of operation for an existing indoor Recreational Facility at 7100 Village Parkway and for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared. Parking at 7100 & 7106 Village Parkway subject to compliance with 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 the use, and shalt 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 County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency 'When Required, Prior to: Source GENERAL 1. Approval. This Conditional Use Permit PL On-going Planning approval for PLPA-2010-00030 amends and supersedes Zoning Administrator Resolution 09-06 approving a Conditional Use Permit for the operation of an Indoor Recreational Facility, for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared Parking (PA 09-016). This Conditional Use Permit approval for Combat Sports Academy, an Indoor Recreational Facility (Martial Arts Studio), allows for the expansion of Combat Sports Academy through extended hours of operation at 7100 Villa a Parkway and through a physical 6of16 expansion into 7106 Village Parkway. The project shall generally conform to the project plans dated received by the Planning Division on October 7, .2011 and the Written Statement dated December 12, 2011 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 Approval contained herein. 2. Permit Expiration. The approved use shall PL 1 year from DMC commence within one (1) year of this approval 8.96.020.D Conditional Use Permit approval or the approval shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval or demonstrating substantial progress toward commencing such 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 Conditional Use Permit expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. 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 period. 4. 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 all of the Conditions of A royal. 5. Modifications. Modifications or changes to this PL On-going DMC Conditional Use Permit approval may be 8.100.080 considered by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zonin Ordinance. 6. 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 . 7. Violation. Once this permit is effective, any and PL On-going DMC all of the conditions specified in this approval 8.96.020.) shall become o erative and the violation of any _ & 8.144 7of16 of them shall constitute a violation of the Zoning Ordinance. A violation of the Zoning Ordinance is subject to enforcement in accordance with Dublin Zoning Ordinance Chapter 8.144 and may result in the issuance of a citation s . 8. Fees. The Applicant shall pay all applicable Various Building Various fees in effect at the time of building permit Permit issuance, including, but not limited to, Planning Issuance 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, Alameda County Fire Services fees, Noise Mitigation fees, Inclusionary Housing in lieu fees, and 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 improvements. 9. Property Maintenance. Per the City of Dublin PL, PO, On-going Various Non-Residential Property Maintenance PW Ordinance (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 regular and continuous basis 10. Graffiti. Per the City of Dublin Graffiti PL, PO, On-going Various Ordinance (DMC Section 5.68}, the Applicant PW and/or Property Owner shall keep the site clear of raffiti vandalism at all times. 11. Temporary Promotional Signage. Prior to the PL On-going DMC display of any temporary promotional signs, 8.84 including banners, balloons or searchlights, a Temporary Promotional Sign Permit must be applied for and approved. No banners, pennants, balloons or other type of advertising display shall be erected except where allowed pursuant to Dublin Zoning Ordinance Chapter 8.84 Si n Re ulations . 12. Signage. All signs associated with the facility PL On-going DMC shall comply with the provisions of Dublin 8.84 Zoning Ordinance Chapter 8.84 (Sign Re ulations at all times. 13. Window Signs. Window signs shall be limited PL On-going DMC to 25% of the contiguous window area from 8.84.050.V which they are viewed. 8of16 PLANNING- PROJECT SPECIFIC 14. Noise/Nuisance. The Applicant shall control all PL On-going Planning activities associated with Combat Sports Academy so as not to create a nuisance to the surrounding businesses. No noise, including but not limited to, loudspeakers or amplified music, shall be discernable outside of the building nor shall loudspeakers or amplified music be permitted to be placed outside the buildin . 15. Project Activities. All activities associated PL On-going Planning with Combat Sports Academy shall be conducted entirely within the building (7100 and 7106 Village Parkway) at all times. At no time shall patrons run. laps within the parking lot of Parkway Center, scale the walls of the car wash, lift weights or otherwise exercise in the parking lot. It is the responsibility of the owner/operator/manager of Combat Sports Academy to ensure that all patrons comply with the terms and conditions of this Conditional Use Permit approval 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 Combat Sports Academy. No child under the age of 12 shall be left unattended outside of the tenant space at any time. 17. Hours of Operation. This Conditional Use PL On-going Planning Permit approval allows the following hours of . operation for Combat Sports Academy: 1.Monday-Friday 6:OOam-7:30am and 5:30pm-10:OOpm 2.Monday-Friday 7:30am-5:30pm* 3.Saturday-Sunday 6:OOam-10:OOpm *Limited classes may be offered between 7:30am and 5:30pm Monday-Friday as long as the total parking demand during this time does not exceed 20 spaces. Demand will be determined by a total head count not to exceed 20 persons including any combination of employees and customers at either 7100 or 7106 Village Parkway. Non-driving age children are excluded from the count. 18. Designating Parking. All parking throughout PL On-going Planning the Parkwa Center shall be shared amon all 9 of 16 tenants. Signage or other obstructions shall not be placed on or around parking spaces to prohibit or discourage tenants or customers of the Parkway Center from parking in certain areas of the site. 19. Parking Reduction for Individual Use. A PL On-going Planning Parking Reduction for an Individual Use has been granted for Combat Sports Academy to operate between the hours of 7:30am and 5:30pm Monday-Friday at 7100 and 7106 Village Parkway. Class offerings (including employees, instructors, patrons, etc.) shall not exceed a demand for 20 parking spaces as defined above in Condition No. 17. 20. Parking Reduction for Shared Parking. A PL On-going Planning Parking Reduction for Shared Parking has been granted for Combat Sports Academy to operate between the hours of Gam-7:30am and 5:30pm- 10pm Monday-Friday and the hours of 6am- 'IOpm Saturday-Sunday at 7100 and 7106 Village Parkwa . 21. Clarifications or Changes to the Conditions PL On-going Planning of Approval. In the event that there needs to be clarification to these Conditions of Approval, the Community Development Director or his/her designee has the authority to clarify the intent of these Conditions of Approval to the Applicant without goin to a public hearing. BUILDI NG 22. Building Codes and Ordinances. All project B Through construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 23. Building Permits. To apply for building B Issuance of permits, ApplicantlDeveloper shall submit five Building (5) sets of construction plans to the Building & Permits Safety 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 participation non-City agencies prior to the issuance of buildin permits. 24. Construction Drawings. Construction plans B Issuance of shall be fully dimensioned (including building Building 10 of 16 elevations) accurately drawn (depicting all Permits 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 and details shall be consistent with each other. Construction plans to include occupant load calculations, occupancy classification, and occupancy separations based on existing adjacent occupancies. Occupant load factor and egress requirements used to be consistent with the existing (front) tenant space. Construction plans to show a complete means of egress (MOE) for the expansion as it requires a minimum of two egress doors. This includes proper exterior landing, leveled path to the exit discharge (i.e., public sidewalk), and exterior illumination. As part of the expansion, this space requires to have the minimum number of plumbing fixtures independent than the main front space. This includes separate Men's and Women's accessible restroom facilities, including drinking fountains (hi-low) per CPC Section 412.3 and Table 4-1. The plumbing fixture calculations to be determined based on the Occupant Load Factor per Table A (see text on Minimum Plumbin Facilities . 25. Addressing. Address will be required on all B Occupancy doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5-in in height minimum.. 26. Air Conditioning Units. Air conditioning units B Occupancy 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 to be approved by the Building Official and Director of Community Develo ment. PUBLIC WORKS 27. Clarifications and Changes to the PW Prior to Public Conditions. In the event that there needs to Approval of Works be clarification to these Conditions of Approval, Improvement the Directors of Community Development and Plans 11 of 16 Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order far the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. 28. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply Approval of Works with all applicable City of Dublin Public Works Improvement Standard Conditions of Approval. In the event Plans of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 29. Hold Harmless/Indemnification. The PW Through Public Developer shall defend, indemnify, and hold completion of Works harmless the City of Dublin and its agents, Improvements officers, and employees from any claim, action, and or proceeding against the City of Dublin or its Occupancy of advisory agency, appeal board, Planning the Building Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedin s. 30. Grading/Sitework Permit. All improvement PW Issuance of Public work must be performed per a Grading/Sitew Works Grading/Sitework Permit issued by the Public ork Permit Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages} for more information. The Applicant/Developer must fill in and return the a licant information 12 of 16 contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 31. Site Plan. On-site improvements shall be PW Issuance of Public designed in accordance with the approved Grading/Sitew Works project plans dated received by the Planning ork Permit Division on October 7, 2011. 32. Accessible Path of Travel. Applicant shall PW Issuance of Public provide an accessible path of travel/walkway Grading/Sitewo Works from the public sidewalk on village parkway to rk Permit the building entrance per California Building Code requirements. Said walkway shall be 4'- minimum wide. 33. Accessible Path Signage. Applicant shall PW Issuance of Public provide sign(s) that clearly indicates the Grading/Sitewo Works location. of the accessible path provided to the rk Permit buildin . 34. Vehicle Parking. Applicant should repair any PW Occupancy Public distressed areas of pavement obstructing the Works path of travel. The parking spaces striping that is in poor condition shall be re-striped. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact- sized parking spaces shall have. the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 35. Site Accessibility Requirements. All parking PW Occupancy Public spaces for the disabled and other physical site Works improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibilit . 36. Graffiti. The Applicant/Developer and/or PL, PW On-going Public building tenant(s) shall keep the site clear of Works graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever ossible. 37. Signs and Pavement Markings. The PW Occupancy Public Applicant/Developer shall be responsible for Works the following on-site traffic signs and pavement markings: 1 R100B_ (disabled parking regulations 13 of 16 sign) shall be updated at the driveway entrances to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". 2) Accessible parking signs and legends per State Title 24 requirements. 3) The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 4) R1 "STOP" signs and pavement markings shall be installed at each drive aisles and drivewa s. 38. Occupancy Permit Requirements. Prior to PW Occupancy Public issuance of an Occupancy Permit, the physical Works condition of the project site shall meet minimum health and safety standards including, but not limited to the fo{lowing: i. Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting. shall be provided as required by Dublin Police. ii. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. iii. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. iv. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage} for the building shall be installed and fully functional. 39. Construction Hours. Construction and PW During Public grading operations shall be limited to week- Construction Works days (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am 14 of 16 and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will appl for all Saturday and/or holiday work. 40. Construction Noise Management Plan. PW During Public Developer shall prepare a Construction Noise Construction Works Management Plan, to be approved by the City and Grading Engineer and Community Development Activities Director, that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the roject plans ands ecifications. 41. Damage/Repairs. The Applicant/Developer PW Occupancy Public shall be responsible for the repair of any Works damaged pavement, curb. & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 42. Fees. The Applicant shall pay all applicable PW Issuance of Public fees in effect at the time of building permit Building Works issuance, including, but not limited to: Planning Permit fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development A reement. 43. Pedestrian Walkway. The Applicant shall PW Issuance of Public install bollards to delineate the pedestrian Grading/ Works walkway from the parking lot. Sitework Permit POLICE 44. Non-Residential Security Ordinance. The PO Occupancy Police Applicant shall comply with all applicable City of and On-going Dublin Non-Residential Security Ordinance requirements. The Ordinance includes sections related to lighting within bathrooms, exterior li htin and exterior doors. 45. Labeling Doors. All interior doors leading to PO Occupancy Police classrooms, storage, offices, etc shall be and On-going. identified with lettering or signs to assist first res onders in an emer enc situation. 15 of 16 46. Security Lighting. Security lighting shall be installed in all activity rooms. PO Occupancy and On-goin Police 47. Emergency Response. To aid emergency PO Occupancy Police response, the Applicant shall develop a means and On-going of distinguishing between the two locations other than by address, e.g. "Combat Sports Academ I" and "Combat Sports Academy 11". PASSED, APPROVED AND ADOPTED this 27t" day of March 2012 by the following vote: AYES: Wehrenberg, O'Keefe, Schaub, Bhuthimethee NOES: ABSENT: Brown ABSTAIN: ATTEST: Planning a er Planning Commis ' 'r G:IPA#120101PLPA-2010-00030 Combat Sports Academy CUPIPC Meeting 03.27.121PC Reso.doc 16 of 16