HomeMy WebLinkAboutPC Reso05-26 PA05-006 Dental Ofc CUP
RESOLUTION NO. 05 - 26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW
A DENTAL OFFICE TO OPERATE IN THE VILLAGE PARKWAY SPECIFIC PLAN
AREA WITH A PARKING REDUCTION FOR SHARED PARKING AT THE PROPERTY AT
7413 VILLAGE PARKWAY (APN 941-0197-070)
P A 05-006
WHEREAS, Maria Ligaya T. Bravo, Business Owner and Applicant, has requested approval of a
Conditional Use Pennit to allow a Dental Office to operate at the property at 7425 Village Parkway
within the Village Parkway Specific Plan area and a parking reduction for shared parking; 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 January 25, 2005; and
WHEREAS, a Parking Study was prepared by Omni Means Engineers to evaluate the request for
a parking reduction for shared parking; and
WHEREAS, This project is categorically exempt from the environmental review requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing
Facilities); and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on
March 22,2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby make
the following findings and detenninations.
A. The proposed use and related structure, as conditioned, is compatible with other land uses,
transportation and service facilities in the vicinity. The proposed dental office provides a new
commercial use type along a major transportation corridor. The use is compatible with adjacent
uses because it is within an existing shopping center that offers various commercial and service
uses.
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 the proposed use will be
adequately conditioned to ensure that the operation has had no recognizable negative impacts, and
the proposed use will serve a public need by providing a dental office to residents.
C. The proposed use, under all circumstances and conditions of this pennit, will not be injurious to
property or improvements in the neighborhood because the proposed use will be adequately
conditioned to ensure that it is compatible with the surrounding land uses.
D. There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the proposed use and related structures, as conditioned, would not be detrimental to
the public health, safety, and welfare. The site is completely improved and serviced by all
appropriate utilities and infrastructure.
E. The subject site is physically suitable for the type, density and intensity of the use, as It IS
operating within an improved tenant space in an existing shopping center and is compatible with
the other uses in the center.
F. The proposed use will not be contrary to the specific intent clauses, development regulations, and
perfonnance standards established for the Planned Development zoning district. The Planned
Development zoning district is intended to provide a retail/service commercial area and the
proposed dental office will help to further this intent.
G. The approval of this Conditional Use Pennit is consistent with the Dublin General Plan and the
Village Parkway Specific Plan and will provide a service to the community that is consistent with
the intent ofthe General Plan Land Use designation and the Specific Plan.
BE IT FURTHERED RESOLVED THAT the Dublin Planning Commission does hereby find
the following requirements for a parking reduction for shared parking can be met:
A. The Conditional Use Pennit findings can be made.
B. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency. Satisfactory
evidence is provided that the use types, by their natures and operating times, will not conflict
with each other. Overflow parking will not adversely affect any adjacent use. A Parking
Study was prepared by Omni Means Engineers to identify the existing parking demand for the
overall center and for sub-areas within the center. The overall peak parking demand for the
center occurred on Saturday at 12:30pm, with 229 parked vehicles (73% of parking spaces
occupied). Peak parking demand within the sub-area serving the dental office occurred on
weekdays between 6:30pm and 7:30pm, with vehicles parked in 76% of the adjacent spaces.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve
P A 05-006 Village Square Dental Center Conditional Use Pennit to allow the operation of a dental office
within an approximately 834 square foot existing lease space located at 7413 Village Parkway, APN 941-
0197-079.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve a
Parking Reduction for Shared Parking for the Village Square Shopping Center.
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CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building pennits or establishment of use, and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPLJ Planning, rB] Building, rpO] Police, [PWl Public Works
[ADM] Administration/City Attornev, [FIN] Finance, fFl Alameda County Fire Department, rDSRSDl
Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health.
GENERAL CONDITIONS
1. Permit Validity. Approval of this Conditional Use Pennit
shall be valid for one year from the effective date. This
approval shall be null and void in the event the approved
use fails to be established within one year, or ceases to
operate for a continuous one-year period.
Revocation. The Conditional Use Pennit will be
revocable for cause in accordance with Section 8.96.020.1
of the Dublin Zoning Ordinance. Any violation of the
tenns or conditions of this approval shall be subject to
citation and ossible revocation.
Compliance. The Applicant/Property Owner shall develop
this project and operate all uses in compliance with the
Conditions of Approval of this Conditional Use Pennit and
the regulations established in the Zoning Ordinance. Any
violation of the tenns or conditions specified may be
sub' ect to enforcement action.
Hours of Operation. Hours of Operation for the dental
office shall be from 9a.m. to 7p.m. Monday through Friday
and 10a.m. to 6 .m. on Saturda sand Sunda s.
Number of Employees and Customers. The combined
maximum number of employees and customers shall be
limited to a total of 6 eo Ie on-site at an one time.
Parking. Employees shall utilize the parking in the rear of
the sho In center when ever ossible.
Noise/Nuisance. The Applicant shall control all activities
on the site so as not to create a nuisance to the surrounding
businesses and residents. No loudspeakers or amplified
music shall be pennitted to project or be placed outside the
buildin .
Minor amendments. Modifications or changes to this
Conditional Use Pennit 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.
Property Maintenance. The property shall be maintained
in accordance with Section 5.64, Property Maintenance of
the Dublin Munici al Code.
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10. Building Codes and Ordinances. All project construction
shall confonn to all building codes and ordinances in effect
at the time of build in ennit.
11. Building Permits. To apply for building pennits, the
Applicant shall submit five (5) sets of construction plans to
the Building 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 lans.
12. Construction Drawings. Construction plans shall be fully
dimensioned (including building elevations) accurately
drawn de ictin existin and ro osed conditions on site .
13. Exit doors shall be openable from the inside without special
knowledge or effort. The main door may have key locking
hardware in accordance with the California Buildin Code.
14. The project shall comply with the California Building and
Fire Codes as ado ted b the Cit of Dublin.
15. Provide exit signs as required by the California Building
Code.
16. A Knox box shall be provided at the main entry door. The
Knox box shall contain a key that provides access to the
tenant space. Order fonns for the lock box are available at
the Fire Prevention office at the address above. The key
can be placed in the box during the Fire Department
ins ection.
17. Approved numbers or addresses shall be placed on the
tenant s ace.
18. The project shall comply with the California Building and
Fire Codes as ado ted by the City of Dublin.
19. The applicant shall comply with all applicable City of
Dublin Non Residential Security Ordinance re uirements
20. The Developer and/or Property Owner shall keep the site
clear of graffiti vandalism on a regular and continuous basis
at all times
21. Storage areas for gas bottles will be secure to avoid theft or
misuse of the roduct.
22. The Applicant shall complete a "Business Site Emergency
Res onse Card" and deliver to the olice.
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PASSED, APPROVED AND ADOPTED this 10th day of May 2005.
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg
NOES:
ABSENT:
ABSTAIN:
ú/~~
Planning Commission Chairperson
ATIE:t~~,~
Community Development Department Director
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