HomeMy WebLinkAboutPC Reso05-41 Indoor Rec Facilty CUP
RESOLUTION NO. 05-41
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN INDOOR RECREATIONAL
FACILITY IN A M-I (LIGHT INDUSTRIAL) ZONING DISTRICT AT 6800 SIERRA COURT,
SUITES 0 AND P
ASSESSOR PARCEL NUMBER 941-0205-039-03 PA 05-037
WHEREAS, the Applicant, Edgar Tolentino of Home Court LLC, has requested approval of a a
Conditional Use Permit to allow an Indoor Recreational Facility in a M-I (Light Industrial) Zoning District at
6800 Sierra Court, Suites 0 and P; and
WHEREAS, an Indoor Recreational Facility is a use that is conditionally permitted in a M-l (Light
Industrial) Zoning District; and
WHEREAS, the General Plan land use designation for the project site is Business Park/Industrial; and
WHEREAS, the parcel is currently occupied by a light industrial building comprised of warehouse uses
and ancillary office space; and
WHEREAS, Conditions of Approval recommended for the project will ensure that the project is
compatible with surrounding uses and tenants; and
WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the
Zoning District in which it is located, and represents an appropriate project for the site; 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, the project has been found to be Categorically Exempt ¡¡-om the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (Minor alteration of
existing facilities); and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on
July 26, 2005; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
the following:
A. The proposed use and related structure is compatible with other land uses, transportation and
service facilities in the vicinity. Nearby businesses in this light industrial area include warehouse,
ancillary office, and other similar industrial and commercial uses.
B. The proposed use 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, because the proposed use
creates no recognizable negative impacts.
C. The proposed use will not be injurious to property or improvements in the neighborhood because
the site is adjacent to like commercial and industrial uses.
D. There are adequate existing provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to the public health, safety, and
welfare, because no increase in public service demands will result from the proposed use.
E. The subject site is physically suitable for the type, density and intensity of the use being proposed
because the existing site is of adequate size to serve the use and absorb any impacts generated by
the use.
F. The proposed use is compatible with the specific intent established for the M-l (Light Industrial)
Zoning District, which is to "provide areas to accommodate enterprises. . . in a manner consistent
with the General Plan."
G. The proposed use, as conditioned, is consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 05-037, a Conditional Use Permit to allow an Indoor Recreational Facility in a M-l (Light Industrial)
Zoning District at 6800 Sierra Court, Suites 0 and P, as generally depicted by the Project Application, Staff
Report and the Project Plans dated received June 8, 2005 and labeled Attachment 2 to the Staff Report,
stamped approved and on file with the City of Dublin Planning Department, subject to compliance with the
following conditions.
CONDITIONS OF APPROVAL:
The Conditional Use Permit approval for P A 05-037 (Home Court Indoor Tennis Academy CUP) establishes
Conditions of Approval for the establishment of an Indoor Recreational Facility and improvements at 6800
Sierra Court, Suites 0 and P.
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, [F] Alameda County Fire Department, [DSRSD] Dublin San
Ramon Services District, [CO] Alameda County Department of Environmental Health [DEH].
Compliance with the followinf! conditions are required on an onfloinfl basis unless otherwise noted.
I) Review and Permitting Authority. The Applicant shall comply with all applicable regulations and
requirements of the City of Dublin Building Division, Planning Division, Alameda County Fire
Department, Dublin Police Services, Dublin San Ramon Services District, and Dublin Public Works
Department.
2) Term. Approval of the Conditional Use Permit shall be valid for twelve (12) months ¡¡-om approval by
the Planning Commission in accordance with Section 8.96.D of the Dublin Zoning Ordinance. If the
occupancy and use have not commenced by that time, this approval shall be null and void.
3) Nuisance. The Applicant shall control all business activity so as not to create a public or private
nuisance to the existing and surrounding businesses and residents. No amplified sounds shall be
permitted outside the building. Loudspeakers, music, or similar amplified noises are strictly prohibited.
[PL,PO]
4) Revocation. The Conditional Use Permit shall be valid so long as the operators of the subject property
comply with the project's conditions of approval and the Conditional Use 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]
5) Hold Harmless. The Applicant/Developer shall defend, indemnifY, and hold harmless the City of
Dublin and its agents, officers, and employees ¡¡-om any claim, action, or proceeding against the City and
its agents, officers, or employees to attack, set aside, or annul an approval of the City of Dublin or its
advisory agency, Planning Commission, City Council, Director of Community Development, Zoning
Administrator, or any other department, committee, or agency of the City of the site development review;
provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under
this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim,
action, or proceeding and the City's cooperation in the defense of such actions or proceedings.
6) Fees. Applicant/Developer shall pay all applicable fees in effect at time of building permit issuance.
Said fees shall, include, but may not limited to, Planning fees, Building fees, Dublin San Ramon Services
District fees, Public Facilities fees, Fire Facility Impact fees, Alameda County Fire Services fees, Traffic
Impact fees, Noise Mitigation fees, Alameda County Flood and Water Conservation District (Zone 7)
Drainage and Water Connection fees. Fees are subject to change without notice and are due at the time
building permits are issued. Unissued building permits subsequent to new or revised fees shall be subject
to recalculation and assessment ofthe share of the new or revised fees.
7) Signage. No permanent signage is permitted as part of this application. No temporary signs are
permitted on the site without approval of a Zoning Clearance. Any temporary sign must be in
conformance with the Sign Regulations of the Dublin Municipal Code, and in particular, Section
8.84.050(T). (PL)
8) Parking. Per the Dublin Zoning Ordinance, 13 parking spaces are required for the Indoor Recreational
Facility use as depicted in the Project Plans, dated received June 8, 2005 and as detailed below:
Use Type (as listed in the Zoning Ordinance): Parking Required Parking Provided
Handball, Tennis, Racquetball Facility
Tennis/Badminton: 2 spaces per court 4 courts - 8 spaces 8 spaces
Pro Shop/Repair area: I space per 300 square feet 768 s.f. - 3 spaces 3 spaces
Storage: 1 space per 1,000 square feet 144 s.f. - 1 space I space
Office: I space per 250 square feet 128 s.f. - I space I space
Spectator/Employee Parking None required 4 spaces
Total Parking 13 spaces required 17 spaces provided
A minimum of 17 spaces shall be provided for the Indoor Recreational Facility use and shall be
maintained on an ongoing basis.
9) Permitted Uses. The Conditional Use Permit approved for the site is for an Indoor Recreation Facility in
a 17,290 square foot tenant space comprised of 2 tennis courts, 2 badminton courts, and ancillary support
facilities as shown on the project floor plan. No uses other than those described herein and shown on the
project plans are permitted as part of this project approval.
10) Planning Division: The following conditions are required by the Planning Division and compliance is
required on an ongoing basis:
a) Under the current building configuration, the occupancy for the 17,290 square foot tenant space shall
be limited to 49 people.
b) The operational hours of the Indoor Recreational Facility shall be limited to Monday through Friday
8:00 a.m. to 9:00 p.m. and Saturday/Sunday 8:00 a.m. to 6:00 p.m.
c) The facility shall not be used for tournament play, only for child and adult tennis instruction and public
rental to individual tennis and badminton players.
11) Building and Safety. The following conditions are required by the Building Official of the City of
Dublin and compliance is required on an ongoing basis unless otherwise noted:
a) Building Codes and Ordinances. All project construction shall conform to all building codes and
ordinances in effect at the time of building permit. (Through Completion)
b) Building Permits. To apply for building permits, Applicant/Developer 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 plans. Applicant/Developer will be
responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of
building permits. (Required prior to issuance of Building Permits)
c) Construction Drawings. Construction plans shall be fully dimensioned (including building
elevations) accurately drawn (depicting all 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, landscape plan and
details shall be consistent with each other. (Required prior to issuance of building permits)
d) Addressing. Address will be required on all doors leading to the exterior of the building. Addresses
shall be illuminated and be able to be seen ¡¡-om the street, 5 inches in height minimum. (Required
prior to Occupancy)
e) Restrooms and Accessibility. Project site and the tenant space shall be made accessible and meet all
requirements of Chapter liB for existing buildings and the number of restrooms provided shall meet
the appropriate code and shall be made accessible per chapter lIB of the Dublin Building Code.
(Required prior to issuance of building permits)
12) Public Works Department. The following conditions are required by the Public Works Director and
compliance is required on an ongoing basis unless otherwise noted.
a) Vehicle Parking. The applicant shall re-stripe all existing and faded out parking stalls. All existing
parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to
Figure 76-3 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. Required prior to occupancy.
b) Disabled Parking. All disabled parking stalls shall meet State Title 24 requirements, including
providing curb ramps at each loading zone. Curb ramps cannot encroach within the
loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary
entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24
requirements. Required prior to occupancy.
c) Sidewalk. The Applicant/Developer shall replace all broken and/or protruding sidewalk existing
along the ¡¡-ontage on Sierra Court. Required prior to occupancy.
d) Bicycle Racks. Bicycle racks shall be installed near the entrances to the office and retail buildings at
a ratio of I rack per 40 vehicle parking spaces. Bicycle racks shall be designed to accommodate a
minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The location
of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would
reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in
locations where they will have adequate lighting and can be surveyed by the building occupants.
Required prior to occupancy.
e) Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged
pavement, curb & gutter, sidewalk, or other public street facility resulting ¡¡-om construction activities
associated with the development of the project. Required prior to occupancy.
13) Public Safety (Police). The following conditions are required by Dublin Police Services and compliance
is required on an ongoing basis unless otherwise noted:
a) Safe, Clean and Litter-Free. Both the applicant and property owner shall be responsible for
maintaining the premises in a safe, clean and litter-free conditions at all times.
b) Security. The Applicant shall comply with all applicable City of Dublin Non-Residential Security
Ordinance requirements.
c) Theft Protection. The Applicant shall work with Dublin Police Services on an ongoing basis to
establish and effective theft prevention and security program. Lockers shall be provided on site to
secure the personal valuable of all patrons.
d) Exterior Lighting. Lighting used after daylight hours shall be adequate to provide for security
needs. A lighting and security plan shall be submitted to Dublin Police Services for review and
approval and all lighting shall be maintained on an ongoing basis.
e) Business License. The Applicant must apply for a City of Dublin business license.
f) Emergency Response. The Applicant shall complete a "Business Site Emergency Response Card"
and deliver it to Dublin Police Services prior to occupancy.
14) Public Safety (Fire). The following conditions are required by the City of Dublin Fire Prevention
Bureau and compliance is required on an ongoing basis unless otherwise noted:
a) Provide a Knox box at the main entrance to the space. The Knox box shall contain a key that provides
access to the tenant space. Order forms for the Knox box are available at the fire prevention office at the
address above. The key can be placed in the box during the Fire Department inspection. CFC 902.4
b) Approved address numbers shall be placed on the space in such a position as to be plainly visible and
legible ¡¡-om the street or road ¡¡-onting the property. Said numbers shall be placed on a contrasting
background. CFC 901.4.4
c) Provide 2A1OBC fire extinguishers, in locations approved by the Fire Department, in the space. An
approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the
extinguisher. CFC 1002
d) The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin.
(Through completion).
15) Dublin San Ramon Services District. The following conditions are required by the Dublin San Ramon
Services District and compliance is required on an ongoing basis unless otherwise noted.
a) Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD
that conform to the requirements of the Dublin San 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 all DSRSD policies.
b) Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon
Services District, whichever comes first, all utility 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.
c) No sewer line or waterline construction shall be permitted unless the proper utility construction
permit has been issued by DSRSD. A construction permit will only be issued after all of the items in
Condition No. 15b above have been satisfied.
d) The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of
DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting
¡¡-om the construction and completion of the project.
PASSED, APPROVED, AND ADOPTED this 26th day of July 2005.
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg
NOES:
ABSENT:
ABSTAIN:
tV ¿¡;/ a-'
Planning Commission Chairperson
ATTEST:
~~
Planning nager
G:IPA#\2005\05-037 Tennis AcademyIPC Reso.doc