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HomeMy WebLinkAboutPCReso03-20 PA02-007 Dublin Theatre Co. CUP/SDR RESOLUTION NO. 03-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING P A 02-007 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT AN OUTDOOR STORAGE AREA AT 6620 DUBLIN BLVD WHEREAS, on October 28, 1998, the Zoning Administrator approved a Conditional Use Permit (PA 98- 054) to allow the establishment of Dublin Theatre Company, an Indoor Recreational Facility, within a C-2 General Commercial Zoning District, located at 6620 Dublin Boulevard; and WHEREAS, on March 23, 1999, the Planning Commission approved a Conditional Use Permit (PA 98- 072) to amend the hours and scale of operation of Dublin Theatre Company; and WHEREAS, on March 11,2003, the Planning Commission approved a Conditional Use Permit (PA 02- 007) to expand Dublin Theatre Company's existing operations to include a dance studio, Aspire!, at 6614 Dublin Boulevard; and WHEREAS, the Applicant, Rick Robinson, Jr. of Dublin Theatre Company has requested approval of a Conditional Use Permit/Site Development Review to construct an outdoor storage area to the rear of the existing Dublin Theatre Company located at 6620 Dublin Boulevard; and WHEREAS, Dublin Theatre Company currently provides acting, singing, dance, and technical theatre courses and performances for children, teenagers and adults; and WHEREAS, the outdoor storage area would be used for the storage of materials associateò with theatrical performances, such as stage props; 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 has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because, it can be seen with certainty that there is no possibility that the project may have an impact on the environment and because, the proposed project would be located on a currently developed site within an existing retail/office complex and because, there are no foreseeable traffic impacts; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on April 22, 2003; and WHEREAS, the Staff Report was submitted recommending denial of a Conditional Use Permit/Site Development Review for an outdoor storage area at 6620 Dublin Blvd; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to determine that the project could be approved with the inclusion of certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said request for a Conditional Use Permit to construct an outdoor storage area at 6620 Dublin Boulevard: A. The proposed use is compatible with other land uses, transportation and service facilities in the vicinitv because the proposed use will be located in an area designated for general commercial uses in Dublin. - B. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all City of Dublin and Alameda County regulations and conditions will be met. e. The proposed use will not be injurious to property or improvements in the neighborhood, as the construction of the outdoor storage enclosure will meet all applicable codes and safe ingress and egress to the site is being provided. Additionally, conditions of project approval have been incorporated into this resolution which will reduce any project-related impacts which may impact the public health, safety and general welfare to a level of insignificance. 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. E The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed as the use and outdoor storage enclosure meet the regulations of the Zoning District and the General Plan land use designations for the property. F. The proposed use is not contrary to the specific intent clauses, development regulations, and performance standards established for the C-2 zoning district, which is intended to provide for the continued use, expansion, and new development of general commercial use types along major transportation corridors and intersections. Conditions of approval will ensure ongoing compatibility with adjacent commercial uses. G. The proposed use is consistent with the Dublin General Plan and the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said request for Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard: A. Approval of this application is consistent with the purpose and intent of this Chapter because the proposed Equipment and Materials Storage Yard use is permitted within the C-2, General Commercial Zoning District subject to the approval of a Conditional Use Permit. B. The project is consistent with Retail/Office & Automotive designation of the General Plan and the C-2, General Commercial Zoning District. C. The approval 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 general welfare because conditions of project approval have been incorporated into this resolution which will reduce any project-related impacts which may impact the public health, safety and general welfare to a level of insignificance. D. The approved site development, including site layout, structures, setbacks, height, public safety and similar elements, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development because the area is graded flat and located to the rear ofthe shopping center. f. Impacts to views are addressed because the project does not interrupt any views from 1-580 and 1-680. G. Impacts to existing slopes and topographic features are addressed as the site is virtually flat. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements will be considered to ensure visual relief and an attractive environment for the public. The Conditions of Approval for this project require the preparation of a Final Landscape Plan subject to approval by the City's Consulting Landscape Architect and the Planning Manager. 2 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 02-007 Dublin Theatre Company Conditional Use Permit/Site Development Review request to construct an outdoor storage area at 6620 Dublin Boulevard, subject to the following Conditions of Approval. This approval shall be generally depicted on the plans prepared by Velocitel Architecture and Engineering Division, labe]ed Attachment 1 to the Staff Report, consisting of seven (7) sheets, dated received February 24, 2003, stamped approved, and on file with the Dublin Planning Department, subject to compliance with the following conditions of approval: CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to the use of the outdoor storage area and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with 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) Alameda County Fire Dept., [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Flood Control and Water Conservation District Zone 7. Conditional Use Permit NO. 1. Approval: Equipment and Materials Storage Yard This Conditional Use Permit approval for PA 02-007 allows a 673 square foot Equipment and Materials Storage Yard to the rear of the existing Dublin Theatre Company tenant space at 6620 Dublin Boulevard and further identified as a ortion of APN 941-0205-036. Approval: Conditional Use Permit (CUP) Approved use shall commence within one (1) year of CUP approval, or the CUP shall lapse and become null and void. The approval period may be extended for six (6) additional months by submitting a written request for extension to the Planning Manager prior to the expiration date. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findings of approval will continue to be met. 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 CUP expires, a new application must be made and processed according to the re uirements of the Dublin Zonin Ordinance. Continued Use: Conditional Use Permit This Conditional Use Permit approval shall become null and void in the event that Dublin Theatre Company no longer occupies the tenant space at 6620 Dublin Boulevard or the approved use ceases to be utilized for a one-year period. In either circumstance, continued use of the outdoor storage area and associated enclosure shall be requested through application of a new Conditional Use Permit to be reviewed b the Planning Commission. Annual Review: Conditional Use Permit On an annual basis, this Conditional Use Permit approval shall be subject to review by the Planning Manager to determine compliance with the Conditions of A roval. PL One year from date of approval Zoning Ordinance 2. PL On-going Zoning Ordinance 3. PL On-going Zoning Ordinance 4. 3 5 Revocation: Conditional Use Permit This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. PL,PO On-going Zoning Ordinance 6. Hours of Operation The approved hours of operation are subject to the operation of Dublin Theatre Company under P A 98-072 which are as follows: Monday - Friday, 8am-lOpm; Saturday 8am-6pm, and Sunday Ipm- 8pm. The Applicant shall be responsible for ensuring that any and all activities associated with the outdoor storage area are controlled in a manner that minimizes the im acts on surroundin businesses. Easements: Terms and Conditions The Applicant shall abide by the terms and conditions of all easement holders which have given authorization for the construction of an Equipment and Materials Storage Yard within their respective easements. Furthermore, the Applicant shall provide a letter from the Property Owner stating that he/she will be responsible for removing any structure or materials stored or built within the utility easements, if and when, a utility provider needs access to the area. Should a utility provider alter, remove, or damage any portion of the Equipment and Materials Storage Yard or associated landscaping to gain access to their easement, the Applicant and/or Property Owner shall be responsible for wholly restoring the site to the condition approved under this Conditional Use Permit/Site Development Review a roval. PL 7. Site Development Review On-going PA 98-072 PL,PW On-going This Site Development Review approval for P A 02-007 establishes the architecture, design concepts, site layout and development standards for the project. Development pursuant to this Site Development Review generally shall conform to the approved plans prepared by Velocitel Architecture and Engineering Division, labeled Attachment I to the Staff Report, consisting of seven (7) sheets, dated received February 24, 2003, and other related documents available on file in the Department of Community Development. Any departure from the plans approved by the Planning Commission shall be reviewed for conformance to the original plans by the Planning Manager. Substantial changes to the plans shall be subject to additional review and approval by the Planning Commission. GEN"JtßA}.iCONJUTJQNSOF APP:R.QVALFQRSITE·:QEVELQPMENTREVIEW 8. Approval: Site Development Review PL Approval of the Site Development Review is valid for one (I) year, until April 22, 2004. If construction has not commenced by that time, this approval shall be null and void. The approval period may be extended for six (6) additional months by submitting a written request for extension to the Planning Manager prior to the expiration date. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findin s of a roval will continue to be met. Standard Condition of Approval: All Departments The Applicant shall comply with all applicable Dublin Public Works Department, Dublin Building Department, Dublin Planning Department and Dublin Police Services requirements and standard conditions. NO. CONDITION TEXT 9. 4 One year from date of approval Zoning Ordinance PW, B, PL, PO Prior to final inspection Standard NO. 10. Standard Condition of Approval: Fees Applicant shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees and Buildina fees. Standard Condition of Approval: Building Codes and Ordinances/Fire Codes and Ordinances All project construction shall confonn to all building codes and ordinances, and fire codes and ordinances in effect at the time of the issuance ofthe buildin ermit. Standard Condition of Approval: Ordinances Applicant shall comply with the Ci of Dublin Munici al Code. Annual Review: Site Development Review On an annual basis, this Site Development Review approval shall be subject to review by the Planning Manager to detennine compliance with the Conditions of A roval. Standard Condition of Approval: Building Permits To apply for building pennits, Applicant shall submit three (3) sets of construction plans to the Building Department 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 annotated resolutions attached to each set of lans. Litter-Free Site The Applicant/Property Owner shall be responsible for clean up and dis osal of roO ect related trash to maintain a clean, litter-free site. Issuance of Building Penn its Standard Standard Standard Zoning Ordinance 11. B,F Through project completion 12. PL On-going 13. PL On-going 14. B Issuance of Building Pennits 15. PL On-going 16. Submission of Landscape Plans The conceptual landscape plans as included in the project plans dated received February 24, 2003 shall be modified to remove the proposed shrubs and replace with ground cover. A Final Landscape and Irrigation Plan conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise required by this Resolution) shall be submitted for review and approval by the Planning Manager and the City's Consulting Landscape Architect. The Final Landscape and Irrigation Plan shall be consistent with the site layout as approved through the Site Development Review process. The Final Landscape and Irrigation Plan shall be prepared by a licensed Landscape Architect. The plans shall be drawn at I inch = 20 feet or larger and shall be submitted along with a cost estimate of the work and materials ro osed. Replacement and Planting of Pear Trees The Applicant shall replace any tree removed from the site in order to accommodate the approved outdoor storage area. In addition, the Applicant shall plant two additional Pear Trees, outside of the storage area enclosure, consistently placed along the rear of the tenant space at 6620 Dublin Boulevard. The location and spacing of these trees shall be included in the Final Landscape Plans noted above. Maintenance The approved outdoor storage area enclosure, and approved landscaping and irrigation shall be maintained on a continual basis to the satisfaction of the Plannin Mana er. PL Issuance of Building Penn its 17. PL Issuance of Building Pennits 18. PL On-going 5 19. Standard Condition of Approval: Construction Trashillebris Measures shall be taken to contain all construction related trash, debris, and materials on-site until disposal off-site can be arranged. The Applicant shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Applicant shall be responsible for corrective measures at no ex ense to the Cit of Dublin. On-going during construction 20. PO 21. Standard Condition of Approval: Non-Residential Security Ordinance The applicant shall comply with all applicable City of Dublin Non- Residential Security Ordinance re uirements. Standard Condition of Approval: Graffiti The appJicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. Standard Condition of Approval: Emergency Response Card A "Business Site Emergency Response Card" shall be filed with the Police Department prior to starting the project. Current information shall be maintained until the com letion of the ro' ect. Outdoor Storage Area: Motion Sensor Lighting The outdoor storage area enclosure shall be constructed to enhance security and restrict unwanted entry. This shall include the installation of motion sensor lighting. Motion sensor lighting shall be maintained in an 0 erable condition at all times. Outdoor Storage Area: Security Hardware The outdoor storage area enclosure shall have security hardware on the enclosure gate to restrict unwanted entry. Security hardware shall be protected to prevent unauthorized activation from outside of the enclosure. Outdoor Storage Area: Trees Any tree located adjacent to the storage area shall be trimmed and maintained to revent it from bein used to scale the enclosure. 22. '")~ ~.,. 24. 25. PASSED, APPROVED AND ADOPTED this 22nd day of April, 2003. AYES: Cm. Nassar, Machtmes, and King NOES: Cm. Jennings ABSENT: Cm. Fasulkey lJz~ ATTEST: \~_. ---\ ,.. .. /'l Plánning Manager , 6 PO PO PO PO PO PO Prior to final inspection On-going Prior to Issuance of Building Permits Prior to final inspection and On-going Prior to final inspection and On-going Prior to final inspection and On-go in PO PO PO PO PO